Legal Ethics Final Notes 2008
Legal Ethics Final Notes 2008
Legal Ethics Final Notes 2008
TABLE OF CONTENTS
LEGAL ETHICS
Terms to Ponder
Practice of Law .
Law Student Practice
Admission to the Practice .
Four Fold Duties of a Lawyer ..
Code of Professional Responsibility .
The Lawyer and the Society .
Mandatory Continuing Legal Education (MCLE)
The Lawyer and The Legal Profession .
The Lawyer and The Courts .
The Lawyer and The Client ..
Discipline of Lawyers ...
Rules on Reinstatement .
Rules in Case of Contempt of Court .
Rules Concerning Notary Public ..
JUDICIAL ETHICS
Code of Judicial Conduct ..
New Code of Judicial for the Philippine Judiciary ...
Obligations of a Judge in General .
Discipline of Judges ..
Procedure for Discipline
INTEGRATED BAR OF THE PHILIPPINES
Integrated Bar of the Philippines ...
GENERAL PRINCIPLES
LEGAL ETHICS is a branch of moral science that treats of the duties which an attorney
owes to the court, to his client, to his colleagues on the profession and to the public.
Sources of Legal Ethics
1. Constitution
2. Rules of Court
3. Legislation
4. Court decision
5. Canons of Professional Ethics
6. Code of Professional Responsibility
7. Treatises; and
8. Other sources
American Bar Association 1983 Model Rules of Professional Conduct
American Bar Association 1969 Model Code of Professional Responsibility
Terms to Ponder
ADVOCATE
The general and popular name for a lawyer who pleads on behalf of someone else. He is a
person learned in the law and duly admitted to practice.
AMICUS CURIAE
Friend of the court. A person with strong interest in or views on the subject matter of an
action, but not a party to the action, may petition the court for permission to file a brief,
ostensibly on behalf of a party but actually to suggest a rationale consistent with its own
views.
AMICUS CURIAE PAR EXCELLENCE
Bar associations who appear in court as amici curiae or friends of the court. Act merely as
consultants to guide the court in doubtful questions or issues pending before it.
APPEARANCE PRO HAC VICE
Appearance by a lawyer who is not licensed to practice in a jurisdiction, but only in
connection with a particular case.
APPEARANCE IN PROPRIA PERSONA
Appearance in court by a non-lawyer for himself without the assistance of a member of the
Bar. This is sometimes referred to as Pro Se practice.
ATTORNEY
The title reserved to those who, having obtained the necessary degree in the study of law and
successfully taken the bar examinations, have been admitted to the IBP and remain members
thereof in good standing and it is only they who are authorized to practice law in the
Philippines.
ASSOCIATE ATTORNEY
The term usually refers to a junior lawyer in a law firm.
ATTORNEY AD HOC
The person named and appointed by the court to defend an absentee defendant in the suit in
which the appointment is made.
ATTORNEY AT LAW
Class of persons who are by license, officers of the courts, empowered to appear, prosecute
and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by
law as a consequence.
ATTORNEY IN FACT
An agent whose authority is strictly limited by the instrument appointing him, though he may
do things not mentioned in his appointment necessary to the performance of the duties
specifically required of him by the power of attorney appointing him.
ATTORNEYS OF COUNSEL
In general, these are the attorneys who collaborate or assist the attorney of record in the
management of the case.
ATTORNEY OF RECORD
The attorney whose name, together with the address, is entered in the record of case as the
designated counsel of the party litigated in the case and to whom judicial notices relative
thereto are sent.
BAR
Refers to the legal profession.
BENCH
Means the judiciary.
CLIENT
One who seeks the advice of a lawyer or retains him to prosecute or defend a suit.
COLLABORATING COUNSEL
A lawyer who assist another lawyer in the management, prosecution or defense of a suit or
action.
COUNSEL
An officer of the court who is associated in the management of a particular case, or who acts
as legal adviser in reference to any matter requiring legal knowledge and judgment.
COUNSEL DE OFICIO
An attorney appointed by the court to defend an indigent defendant in a criminal action or to
represent a destitute party in a case.
COUNSEL DE PARTE
An attorney retained by a party litigant, usually for a free, to prosecute or defend his cause in
court.
COUNSELOR
One who gives counsel or advice on a professional capacity. The title could be used by those
admitted to the Philippine Bar.
COUNSELOR AT LAW
One retained by a party in a cause of action to conduct the same on its trial on his behalf.
CURATOR AD HOC
A guardian appointed for a special purpose.
DISBARMEN
It is the act of the Philippine Supreme Court in withdrawing from an attorney the right to
practice law. The name is stricken out from the Roll of Attorneys.
ETHICS
It is the study of the principles of morality, including the science of the good and nature of the
right.
LAWYERS
This is general term for a person trained in law and authorized to advise or represent other in
legal matters.
LEAD COUNSEL
The counsel on either side of an litigated action who is charged with the principal
management and direction of partys case, as distinguished from his juniors or subordinates.
LEGAL EHTICS
The embodiment of all principles of morality and refinement that should govern the conduct
of every member of the bar.
NOTARY PUBLIC
Public officers whose duty is to attest to the genuineness of any deed or writing in order to
render them available as evidence of the facts stated therein and who is authorized by statute
to administer various oaths.
PRACTICING LAWYER
One engaged in the practice of law which requires the application of law, legal procedure,
knowledge, training and experience.
PROFESSIONAL ETHICS
The right application of the accepted standards of right and wrong the conduct of professional
people in the business relationship peculiar to their professional employment.
SOLICITOR
A government lawyer attached the Office of the Solicitor General.
SUSPENSION
This is the temporary withholding of the lawyers privilege to practice the legal profession for
a certain period, or for an indefinite period of time.
TITULO DE ABOGADO
It means not mere possession of the acasemic degree of Bachelor of Laws but membership in
the Bar after due admission thereto, qualifying one for the practice of law. The English
equivalent of abogado is lawyer or attorney-at-law.
TRIAL LAWYER
A lawyer who personally handles cases in court, administrative agencies or boards which
means engaging in actual trial work either for the prosecution or for the defense of cases of
clients.
PRACTICE OF LAW
PRACTICE OF LAW
Any activity, in or out of court, which requires the application of law, legal procedure,
knowledge, training and experience.
To engage in the practice of law is to perform those acts which are characteristics of
the profession. Generally, to practice law is to give notice or render any kind of
service, which device or service requires the use in any degree of legal knowledge or
skill.
Attorney of Record
Attorney of Counsel
Takes an active role in the conduct
Merely serves in an advisory aspect
of the litigation
His name must appear in the court
Name need not appear in the court
records
records
What Constitutes Practice Law
The individual must customarily or habitually hold himself out to the public as a
lawyer and demands compensation for the following services:
1. Giving of advice or rendering any kind of service that involves legal knowledge. This
is may include rendering an opinion as proper in the interpretation of statutes.
2. Appearance in court and conduct cases in court.
3. Preparation of pleadings and other papers incident to actions and special proceedings
as well as the drawing of deeds and other instruments of conveyance.
All courts existing at the time of the ratification of this Constitution shall continue to
exercise their jurisdiction until otherwise provided by law. The provisions of the
existing Rules of Court, judiciary acts, and procedural laws no inconsistent with this
Constitution shall remain operative unless amended or repealed by the Supreme Court
or the Congrees.
The right to practice law is not a property. It cannot be assigned or inherited, but
must be earned by hard study and good conduct.
Practice of law is a privilege impressed with public interest that it is both the right and
the duty of the State to control and regulate inorder to promote the public welfare.
3. Contempt of Court
4. Disqualification and complains for disbarment
5. Criminal complaint for estafa against a person who falsely represents himself to be an
attorney to the damage of a party.
II.
After his admission to the Bar, a lawyer must remain in good and regular standing,
which is a continuing requirement for the practice of law. This means that he must:
a) Remain a member of the IBP;
b) Regularly pay all IBP membership dues and other lawful assessments, as well
as the annual privilege
c) Faithfully observe the rules and ethics of the legal profession; and
d) Be continually subject to judicial disciplinary control.
8. Never to reject for any consideration personal to himself, the cause of the defenseless or
oppressed; and the law permits to the end that no person may be deprived of life or liberty, but
by due process of law.
CANONS
14. Not refuse his services to the needy.
15. Observe candor, fairness and loyalty in all his dealings and transactions with clients.
16. Hold in trust all moneys and properties of his client that may come to his possession.
17. Owes fidelity to the cause of his client and be mindful of the trust and confidence reposed
in him.
18. Serve client with competence and diligence.
19. Represent his client with zeal and within the bounds of law.
20. Charge only fair and reasonable fees.
21. Preserve the confidence and secrets of client even after the attorney- client relation is
terminated.
22. Withdraw his services only for good cause and upon notice appropriate in the
circumstances.
CASE DOCTRINES:
The issuance of worthless checks constitutes gross misconduct, and puts the
erring lawyers moral character in serious doubt; though it is not related to his
professional duties as a member of the bar. He not only sets himself liable for
serious criminal offense under B.P. Blg. 22, but also transgresses the Code of
Professional Responsibility, mandate of Canon 1 to obey the laws of the land and
promote the respect for law. ( Vda. De Espino vs. Presequito, A.C. NO. 4762,
06/28/2004)
In a long line of cases, the SC held disbarment to be the appropriate penalty for
conviction by final judgment for a crime involving moral turpitude, (Barrios
vs. Martinez, A.C. No. 4585. 11/12/2004)
1.1 Not to engage in unlawful, dishonest, immoral or deceitful conduct.
Immoral Conduct which is willful, flagrant, or shameless and which shows a moral
indifference to the opinion of the good and respectable members of the community.
(Arciga vs. Maniwag, 106 SCRA 591)
Grossly Immoral Conduct one that is so corrupt and false to constitute a criminal act
or so unprincipled or disgraceful as to be reprehensible to a high degree; it is a
WILLFUL, FLAGRANT or SHAMELESS ACT which shows a MORAL
INDIFERRENCE to the opinion of respectable members of the community. (Narag vs.
Narag, 1998)
Moral Turpitude
Imports an act of baseness, vileness or depravity in the duties which one person owes
to another or to society in general which is contrary to the usual accepted and
customary rule of right and duty which a person should follow. The question as to
whether an offense involves moral turpitude is for the Supreme Court to decide.
Some Crimes Involving Moral Turpitude
1. Estrada
2. Bribery
3. Murder
4. Seduction
5. Abduction
6. Smuggling
7. Falsification of public documents
An attorney may be removed or otherwise disciplined not only for malpractice and
dishonesty in his profession, but also for gross misconduct not connected with his
professional duties, which showed him unfit for the office and unworthy of the
privileges which his license and the law confer to him. (Piatt vs. Abordo, 58
Philippines 350)
The court held that by altering the material dates to make it appear that the Notice of
Appeal was timely filed, respondent committed an act of dishonesty in violation of
Rules 1.02 (Jose A. Rivera vs. Atty. Napoleon Corral; A.C. No. 3548, July 4, 2002)
Lawyers Best Virtue, Honesty Lawyers must deal with their clients, brother
lawyers , courts of justice and the public with honesty.
Dishonesty is condemned and is a ground for disciplinary action.
1.02 Not to counsel or abet activities aimed at defiance of the law or at lessening confidence
in the legal system.
Assisting of client in a scheme which the attorney knows to be dishonest or the
conniving at a violation of the law are acts which justify disbarment, (In re Terrell, 2
Phil 266).
1.2 A lawyer shall not; for any corrupt motive or interest, encourage any suit or
proceeding or delay any mans cause.
Ambulance Chasing
Offense of frequently exciting and stirring up quarrels and suits. The lawyers
act of fomenting suits among individuals and offering his legal services to one of them
for monetary motives or purposes.
A lawyer has the obligation not to encourage suits. The purpose of the
prohibition is to prevent barratry and ambulance-chasing.
1.3 To encourage his clients to avoid, end or settle a controversy if it will admit of a fair
settlement.
Rule on Compromise
General Rule: A lawyer cannot, without special authority, compromise his clients litigation
or receive anything in discharge of the clients claim but the full amount in cash. A
compromise entered into without authority is merely unenforceable. It can be ratified by the
client, if he so desires.
Exceptions: A lawyer has exclusive management of the procedural aspect of the litigation
including the enforcement of rights and remedies of the client. Thus, when the case was
submitted for decision on the evidence so far presented, the counsel for private respondents
acted within the scope of his authority as agent and lawyer in negotiating for favorable terms
for his client.
The nature of compromise agreement is such that a party must give up some of the
rights that he has, in consideration of the same act on the part of the other side.
It is the duty of the lawyer to assert every remedy and defense that is authorized by
law for the benefit of the client, especially in a criminal action in which the latters life
is at stake. He had the duty to present-by all fair and honorable means- every defense
and mitigating circumstance that the law permitted, to the end that his clients would
not be deprived of life, liberty or property, except by due process of law.(Santiago vs.
Rafan, A.C. No. 6252, 10/05/2004)
2.03 Not to do or permit to be done any act designed primarily to solicit legal business.
Primary Characteristics Which Distinguish the Legal Profession From the Business
1. A duty of public service, of which the emolument is a by-product, and in which one may
attain
the highest eminence without making much money;
2 A relation as an officer of the court to the administration of justice involving thorough
sincerity, integrity and reliability;
3 A relation to clients in the highest degree of fiduciary; and
2.4 Not to pay or give anything of value to representatives of the mass media in
anticipation of, or in return for, publicity to attract legal business.
Rule on Advertising and Solicitation of Legal Business
General rule: A lawyer cannot advertise his talents, as the legal profession is a public trust
and service and not a business.
Lawyers may not advertise their services or expertise nor should not resort to indirect
advertisements for professional employment, such as furnishing or inspiring
newspaper comments, or procuring his photograph to be published in connection with
causes in which the lawyer has been engaged or concerning the manner of their
conduct, the magnitude of the interest involved, the importance of the lawyers
position, and all other self-laudation.
Exceptions:
1. Writing legal articles.
2. Engaging in business or other occupations except when such could be
deemed improper, be seen as indirect solicitation or would be the
equivalent of law practice.
3. Law lists, but only brief biographical and informative data. (Ulep vs.
Legal Clinic, Inc., 223 SCRA 378)
4. Ordinary, professional cards.
5. Notice to other local lawyers and publishing in a legal journal of
ones availability to act as an associate for them.
6. Offering and providing free legal services to the indigent.
7. Seeking a public office, which can only be held by a lawyer or in a
dignified manner, a position as a full time corporate counsel .
8. Listing in a phone directory, but not under a designation of a special
branch of law.
9. Activity of an associate for the purpose of legal representation.
10. Simple pronouncements primarily for the legal profession.
Solicitation of cases at law for the purpose of gain, either directly or through paid
agents or brokers. Constitutes malpractice[ Rule 138, sec.27]. The rule prohibits
professional touting.
Giving of legal advice through media cannot be undertaken by a lawyer because the
work involves indirect advertising, violation of the confidential relation of attorney
and client, and a breach of the traditional standards of the profession.
However, it is justified under Canon 5 CPR to assist in disseminating information
regarding the law and jurisprudence. Thus there should be no solicitation.
2.05
Not to charge rates lower than those customarily prescribed, unless
circumstances so warrant.
What the rule prohibits is the competition in the matter of charging professional fees
for the purpose of attracting clients in favor of the lawyer from charging a reduced fee
or none at all to an indigent or to a person who would have the difficulty paying the
fee usually charged for such services.
Reason for Disqualification: Public office is a public trust. Conflict of interest must
be avoided to trust in the public office.
4. Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the
Department of Justice.
5. Solicitor General and Assistant Solicitor General
6. Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel
7. Chairmen and Members of the Constitutional Commissions
8. Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman and the
Special Prosecutor of the Office of the Ombudsman
9. Heads of government agencies exercising quasi-judicial function.
10. Incumbent deans, bar reviews and Professors of law who have teaching experience for
at least ten (10) years in accredited law schools.
11. Chancellor, Vice-Chancellor and members of the Corps of Professors and Professional
Lectures of the Philippine Judicial Academy.
12. Governors and Mayors. (Rule 7, Sec 1)
Other Parties Exempted from the MCLE
1) Those who are not in law practice, private or public
2) Those who have retired from law practice with the approval of the IBP Board of
Governors. (Rule 7, Sec. 2)
Good Cause for Exemption from or Modification of Requirement
A member may file a verified request setting forth good cause for exemption (such as physical
disability, illness, post graduate study abroad, proven expertise in law, etc.) from compliance
with or modification of any of the requirements, including an extension of time or
modification to be established by the MCLE Committee. (Rule 7, Sec. 3)
What Constitutes Non-Compliance
1. Failure to complete the education requirement within the compliance period.
2. Failure to provide documentation of compliance or exemption.
3. Failure to provide satisfactory evidence of compliance.
4. Failure to satisfy the educational requirement and furnish evidence of such compliance
within 60 days from receipt of non-compliance notice.
5. Failure to pay non-compliance fee within the prescribed period.
6. Any other act or omission analogous to the foregoing.
Consequences of Non-compliance
1. Pay a non-compliance fee.
2. A member who fails to comply with the requirements after the 60 days period shall be
listed as a delinquent member of the IBP upon the recommendation of the MCLE
Committee. The investigation shall be conducted by the Commission on Bar
Discipline.
3. Membership fee shall continue to accrue.
Reinstatement
The involuntary listing as a delinquent member shall be terminated upon proof of
compliance with the MCLE requirement, including payment of non-compliance fee.
6.3 A lawyer shall not, after leaving government service, accept engagement or
employment in connection with any matter in which he had intervened in said
service.
Pertinent Statutory Provisions:
A. Sec. 7 (B) and (C), RA 6713 Code of Conduct and Ethical Standards for Public
Officials and Employees
Prohibits officials from doing any of the following acts:
1. Own, control, manage or accept employment as officer, employee, consultant, counsel,
broker, agent, trustee or nominee in any private enterprise regulated, supervised or
licensed by their office unless expressly allowed by law;
2. Engage in the private practice of their profession unless authorized by the Constitution
or law, provided that such practice will not conflict or tend to conflict with their
official functions;
3. Recommend any person to any position in a private enterprise which has a regular or
pending official transaction with their office;
4. Use or divulge confidential or classified information officially known to them by
reason of their office and not available to the public either to further their private
interests, or give undue advantage to anyone, or to prejudice the public interest.
B. Section 3 (D), RA 3019, Anti-graft and Corrupt Practices act
Corrupt Practices of Public Officers
(d) Accepting or having any member of his family accept employment in a private
enterprise which had pending official business with him during the pendency thereof or
within one year after termination.
C. Section 1, RA 910- Law on Retirement of Judges and Justices provides that:
It is a condition of the pension provided herein that no retiring justice or judge of a
court of record or city or municipal judge during the time that he is receiving said
pension shall appear as counsel in any court in any civil case wherein the Government
or any subdivision or instrumentality thereof is the adverse party or in any criminal
case wherein an officer or employee of the Government is accused of an offense
committed in relation to his office, or collect any fee for his appearance in any
administrative proceedings. x x x
Restrictions Against Government Lawyers Who Left the Service
General Rule: Practice of Profession immediately after leaving public service is allowed.
Exceptions: In connection with any matter before the office the lawyer used to be with,
subject to the following:
1. If he had not intervened therein, the one year prohibition applies but
2. If he has intervened therein, prohibition is perpetual under Canon 6, Rule 6.03.
CANON 10.
COURT.
10.01 A lawyer shall not do any falsehood, nor consent to the doing of any in the Court; nor
shall he mislead, or allow the Court be misled by any artifice.
Some cases of Falsehood
1. Stating in the Deed of Sale that property is free from all liens and encumbrances when
not so.
2. Encashing check payable to a deceased cousin by signing the latters name on the
check.
3. Falsifying a power of attorney and used in collecting the money due to the principal.
4. Allege in one pleading that the clients were mere lessees and in another pleading that
the same clients were owners.
5. Filing false charges on groundless suits.
6. Using in pleadings the IBP number of another lawyer.
7. Unsolicited appearances.
8. Use of fictitious residence certificate.
10.02 Not to knowingly misquote or misrepresent the contents of a paper, the language or
the argument of opposing counsel, or the text of a decision or authority, or knowingly cite
as law a provision already rendered inoperative by repeal or amendment, or asset as a fact
that which has not been proved.
Ignoratia legis non-excusat, Ignorance encompasses not only substantive but also
procedural laws.
CANON 11. A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE
TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON
SIMILAR CONDUCT BY OTHERS.
A lawyer who willfully disobeys a court order requiring him to do something may
not only be cited and punished for contempt but may also be disciplined as an
officer of the court. (Cuizon vs. Macalino, Adm. Case No. 4334, 07/07/2004)
11.01 To appear in court properly attired.
11.02 To punctually appear at court hearings.
Moral obligations, performance of household chores, and traffic problems are not
sufficient reasons to excuse habitual tardiness, although in certain cases these may
be considered to mitigate administrative liability.
By being habitually tardy, respondent fell short of the stringent standard of conduct
demanded from everyone connected with the civil service, specially the
administration of justice. (Re: Habitual Tardiness incurred by Alibang for the 1 st
Semester of 2003, A.M. No. 2003-11-SC, 06/15/2004)
11.03 To abstain from scandalous, offensive, or menacing language or behavior before the
Courts.
11.04 Not to attribute to a Judge motives not supported by the record or have no
materiality to the case.
11.05 To submit grievances against a Judge to the proper authorities only.
It is duty of both counsel and judge to maintain, not to destroy, the high esteem and
regard for courts.
Basis of Relations Between Counsel and Judge
The relation between counsel and judge should be based on mutual respect and on a deep
appreciation by one of the duties of the other. Thus, counsel is expected to observe and
maintain respect due to the courts of justice and judicial officers.
The public duties of the attorney take precedence over his private duties. His first duty
is to the courts. Where duties to the court conflict with his duties to his clients, the
latter must yield to the former.
Criticisms of court must not spill the wall of decency. Intemperate and unfair criticism
is a gross violation of the duty to respect the courts. It amounts to misconduct which
subjects the lawyer to disciplinary action.
CANON 12.
A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS
DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF
JUSTICE.
Duty of Lawyer to Assist in the Speedy Administration of Justice
1. Not to engage in forum shopping.
2. To be prepared during hearings.
3. Not to unduly delay a case.
Duty of Lawyer to Assist in the Efficient Administration of Justice
1. If extensions to file papers are necessary, not to let the period expire without
explanation.
2. To treat witnesses properly.
12.01 A lawyer shall not appear for trial unless he has adequately prepared himself on
the law and the facts of his case, the evidence he will adduce and the order of its
profference. He should also be ready with the original documents for comparison with
the copies.
Respondents failure to present evidence is a breach of Rule 12.01 of the Code of
Professional Responsibility, especially in the light of the numerous postponements and
resettings he requested for and was granted with on the ground that he needed more time to
prepare his evidence. Ineluctable conclusion that respondent could not present evidence
because there really was none to justify his nonpayment. (Vda. De Espino vs. Presquito, A.C.
No. 4762, 06/28/2004)
12.02 A lawyer shall not file multiple actions arising from the same cause.
FORUM SHOPPING
There is forum shopping whenever, as a result of an adverse opinion in one forum or
in anticipation thereof, a party seeks a favorable opinion in another forum, through means
other than by appeal or certiorari, raising identical causes of action, subject matter, and issues.
How Committed:
1. Going from one court to another in the hope of securing a favorable relief in one court
which another court has denied;
2. Filing repetitious suits or proceedings in different courts concerning the same subject
matter after one court has decided the suit with finality; or
3. Filing a similar case in a judicial court after receiving an unfavorable judgment from
an administrative tribunal.
Effect of Submission of False Certificate of Non-Compliance
1. It constitutes indirect contempt of court;
2. Without prejudice to the corresponding administrative and criminal actions.
Effects on Willful and Deliberate Forum Shopping
1. Ground for summary dismissal without prejudice;
2. Constitute indirect contempt; and
3. Cause for administrative sanctions.
12.03 Not after obtaining extensions of time to file pleadings, memoranda or briefs, let the
period lapse without submitting the same or offering an explanation for his failure to do so.
12.04 Not to unduly delay a cause, impede the execution of a judgment or misuse Court
processes.
12.05 To refrain from talking to his witness during a break or recess in the trial, while the
witness is still under examination.
12.06 Not to knowingly assist a witness to misrepresent himself or to impersonate another.
12.07 Not to abuse, browbeat or harass a witness nor needlessly inconvenience him.
12.08 A lawyer shall avoid testifying in behalf of his client, except:
a. On formal matters, such as the mailing, authentication or custody of an instrument, and
the like; or
b. On substantial matters, in cases where his testimony is essential to the ends of justice in
which event he must, during his testimony, entrust the trial of the case to another counsel.
Rationale: The underlying reason for the impropriety of a lawyer acting in such dual
capacity lies in the difference between the function of a witness and that of an advocate. The
function of a witness is to tell the facts as he recalls them in answer to questions. The function
of an advocate is that of a partisan. It is difficult to distinguish between the zeal of an advocate
and the fairness and impartially of a disinterested witness. The lawyer will find it hard to
disassociate his relation to his client as an attorney and his relation to the party as a witness.
The question is one of impropriety rather than of competency.
CANON 13 A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND
REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE
APPEARANCE OF INFLUENCING THE COURT.
13.01 A lawyer shall not extend extraordinary attention or hospitality to, nor seek
opportunity for cultivating familiarity with Judges.
13.02 A lawyer shall not make public statements in the media regarding a pending case
tending to arouse public opinion for or against a party.
13.03 A lawyer shall not brook or invite interference by another branch or agency of the
government in the normal course of judicial proceedings.
Prohibition to Communicate With Judge or Hearing Officer
General Rule: The lawyer has the corresponding duty not to convey or permit others to
convey the impression that they are in a special position to influence the judge.
Exceptions:
1. The lawyer may communicate with the judge or hearing officer in writing by promptly
delivering a copy of the writing to opposing counsel (or to the adverse party if not
represented by counsel).
2. A lawyer may speak to the judge or hearing officer regarding a pending matter, other
than in the course of the proceeding if adequate prior notice has been given to the
opposing party.
CANON 14.
14.01 A lawyer shall not decline to represent a person solely on account of the latters race,
sex, creed or status of life, or because of his own opinion regarding the guilt of said person.
14.03 A lawyer may not refuse to accept representation of an indigent client unless:
a. He is in no position to carry out the work effectively or competently;
b. He labors under a conflict of interest between him and the prospective client or
between a present client and the prospective client.
NOTE: Correlate with Canon 2, Rule 2.01-2.02, CPR
This rule is applicable only in criminal cases. In criminal cases, a lawyer cannot
decline to represent an accused or respondent because of his opinion that the said
person is guilty of the charge or charges filed against him. In representing the accused
or respondent, the lawyer must only use means which are fair and honorable.
14.02 A lawyer shall not decline, except for serious and sufficient cause, an appointment as
counsel de oficio or as amicus curiae, or a request from the Integrated Bar of the
Philippines or any of its chapters for rendition of free legal aid.
Who May Be Appointed Counsel De Officio
1. Member of the Bar in good standing; or
2. Any person, resident of the province and of good repute for probity and ability in
localities without lawyers.
A counsel de officio may also be appointed even if the party is able to have one (as in
the case of Erap) so that due process may be properly observed and if it is necessary to
secure the ends of justice and to protect the rights of the party.
It is the duty of a counsel de officio to render effective service and to exert his best
efforts in behalf of an indigent accused.
Instances of Serious And Sufficient Causes For Refusal To Render Service As A Lawyer
1. When the filing of the case would result in multiple actions arising from the same
cause.
2. When the criminal charge to be filed is unfounded and is presented merely to obtain an
improper advantage in any cause or proceeding.
3. When the client insists that the lawyer pursues conduct which is violative of the Code
of Professional Responsibility.
4. When engaged as a collaborating counsel and the lawyers inability to work with cocounsel will not promote the best interest of the client.
5. When the mental or physical condition of the lawyer renders it difficult for him to
carry out the employment effectively.
6. When the representation would, directly or indirectly, encroach upon the professional
employment of another lawyer.
14.04 In accepting the cause of a person unable to pay his professional fees, he shall
observe the same standard of conduct governing his relations with paying clients.
Requisites:
1. Existence of attorney and client relationship;
2. The communication must be made by the client to the lawyer;
3. The communication must be made in confidence;
4. The communication must be in the course of professional employment;
5. Consent of the client to a disclosure is withheld; and
6. The communication must be for a lawful purpose or in furtherance of a lawful end.
15.04 With the written consent of all concerned, to act as mediator, conciliator or arbitrator
in setting disputes.
15.05 A lawyer, to give a candid and honest opinion on the merits and probable results of the
clients case when advising his client, neither overstating nor understating the prospects of the
case.
15.06 Not to state or imply that he is able to influence any public official, tribunal or
legislative body.
15.07 To impress upon his client compliance with the laws and the principles of fairness.
15.08 A lawyer who is engaged in another profession or occupation concurrently with the
practice of law shall make clear to his client whether he is acting as a lawyer or in another
capacity.
CANON 16. A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES
OF HIS CLIENT THAT MAY COME INTO HIS POSSESSION.
16.01 To account for all money or property collected or received for or from the client.
16.02 To keep the funds of each client separate and apart from his own and those of other,
kept by him.
16.03 To deliver the funds and property of his client when due or upon demand. However, he
shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy
his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall
also have a lien to the same extent on all judgments and executions he has secured for his
client as provided for in the Rules of Court.
16.04 Not to borrow money from his client unless the clients interests are fully protected by
the nature of the case or by independent advice. Neither shall a lawyer lend money to a client
except, when in the interest of justice, he has to advance necessary expenses in a legal mater
he is handling for the client.
The Court ruled that in failing to apply to the filing fee the amount given by the
complainant as evidenced by the receipt issued by the law office of respondent the
later also violated the rule that lawyers must be scrupulously careful in handling money
entrusted to them in their professional capacity. (Dominador P. Urbe vs. Atty. Alberto C.
Magulta; A.M. No. 99-634, June 10, 2002)
ATTORNEYS LIEN
The right of a lawyer to lawfully withhold his clients property (funds or documents) that
lawfully comes to his possession, until payment of attorneys fees.
Limitations on Exercise Of Attorneys Lien
1. The funds retained should have lawfully come into the possession of the lawyer under
circumstances consistent with the enforcement of a lien for services.
2. There is authority to the effect that a lawyer could not retain files that the client needs to
pursue his case.
Kinds Of Attorneys Lien
1. Retaining, General or Possessory Lien
2. Charging, Special, Particular or Non-Possessory Lien
Retaining Lien The right of the lawyer to keep the clients funds, documents, and papers
that has lawfully come to his possession until payment of his lawful fees.
Charging Fee a charging fee is one charged against judgment for the payment of money
and executions, issued in pursuance of such judgments only for security purposes, to effect
payment of an agreed legal fee. It is the same as a charging lien.
Retaining Fee
A fee paid or agreed to be paid to a lawyer,
whose legal services are being retained by
a client
Retaining Lien
The protection of such fee through
retention of funds, documents and papers in
possession of the lawyer.
RETAINING LIEN
1. Nature
Passive lien; it cannot be actively enforced.
It is general lien.
2. Basis
Lawful possession of papers, documents,
property belonging to the client
3. Coverage
Covers only papers, documents and
properties in the lawful possession of the
attorney by reason of his professional
employment.
4. Effect
As soon as the attorney gets possession of
the papers, documents or property
CHARGING LIEN
Active lien; it can be enforced by
execution. It is a special lien.
Securing of a favorable judgment for the
client
Covers all judgment for the payment of
money and execution issued in pursuance
of such judgment.
As soon as the claim for attorneys fees has
been entered into the records of the case.
5. Notice
Client need not be notified to make it Client and adverse party must be notified to
effective.
make it effective.
6. Applicability
May be exercised before judgment or Generally, is exercisable only when the
execution or regardless thereof.
attorney had already secured a favorable
judgment for his client.
7. Extinguishment
When possession lawfully ends when When client loses action, as lien may only
lawyer voluntarily parts with funds, be enforced against judgment awarded in
documents, and papers of client or offers favor of client, proceeds thereof executed
them as evidence.
thereon.
Requisites of Charging Lien
1. Existence of a Client-Lawyer relationship.
2. Favorable judgment secured by the counsel for his client, which is a money judgment.
3. The attorney has a claim for attorneys fees or advances.
4. Noting into the records of the case, through the filing of an appropriate motion, of the
statement of the lawyers claim for attorneys fees with copies furnished to the client and
adverse party.
Limitations on the Exercise of Charging Lien
1. The lien is only to the extent of collecting the attorneys fees upon the action in which the
charging lien is recorded. It does not extend to the protection of attorneys fees in other
cases.
2. The exercise of the lien is limited only in favorable judgments for the payment of money
secured by the lawyer for the client and in the pursuance of such judgments. The lien may
not be exercised upon judgments involving property.
CANON 17. A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE
SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.
CANON 18. A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND
DILIGENCE.
The client is bound by the acts of his counsel, even his mistake and negligence. In
Producers Bank of the Philippines vs. Court of Appeals, we held that litigants,
represented by counsel, should not expect that all they need to do is sit back, relax and
wait the outcome of their case.(Tan vs. Tan, G.R. No. 133805, 06/29/2004).
Rule 18.01 of the Code is clear. A lawyer shall not undertake a legal service that he is not
qualified to render. Rule 18.02 of the Code provides that a lawyer shall not handle any
legal matter without adequate preparation. He has the duty to prepare for trial with
diligence and deliberate speed. Rule 18.03 of the Code also provides that a lawyer shall
not neglect a legal matter entrusted to him and his negligence shall render him liable. A
compromise or withdrawal of charges does not terminate an administrative complaint
against a lawyer, especially in this misconduct. (Parinas vs Paguinto, A.C. No. 6297, July
13, 2004)
No lawyer is obliged to act either as adviser or advocate for every person who may wish to
become his client. However, once he agrees to take up the cause of client, the lawyer owes
fidelity to such cause and may always be mindful of the trust and confidence reposed in
him. (Cuizon vs. Macalino, Adm. Case No. 4224, July 7, 2004).
18.01 Not to undertake a legal service which he knows or should know that he is not
qualified to render. However, he may render such service if, with the consent of his client, he
can obtain as collaborating counsel a lawyer who is competent on the matter.
A lawyer cannot ask another lawyer to collaborate with him in a particular case without
the consent of the client. The fiduciary nature of attorney-client relationship prohibits
this.
not be left in the dark as to mode and manner in which his interests are being defended. It
is only thus that the trust and faith in the counsel may remain unimpaired.
CANON 19. A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN
THE BOUNDS OF THE LAW.
19.01 To employ only fair and honest means to attain the lawful objectives of his client and
shall not present, participate in presenting or threaten to present unfounded criminal charges
to obtain an improper advantage in any case or proceeding.
19.02 A lawyer who has received information that his client has, in the course of the
representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the
client to rectify the same, and failing which he shall terminate the relationship with such
client in accordance with the Rules if Court.
19.03 Not to allow his client to dictate the procedure in handling the case.
CANON 20. A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.
Courts have the power to determine their reasonableness based on quantum meruit and
to reduce the amount thereof if excessive. (New Sampaguita Builders Construction Inc, et al.
vs. Philippine National Bank, G. R. No. 148753 07/302004).
20.01 To be guided by the following factors in determining his fees:
a. The time spent and the extent of the services rendered or required;
b. The novelty and difficulty and difficulty of the questions involved;
c. The importance of the subject matter;
d. The skill demanded;
e. The probability of losing other employment as a result of acceptance of the
proffered case;
f. The customary charges for similar services and the schedule of fees of IBP
chapter to which he belongs;
g. The amount involved in the controversy and the benefits resulting to the
client from the service;
h. The contingency or certainty of compensation;
i. The character of the employment, whether occasional or established; and
j. The professional standing of the lawyer.
20.02. To be entitled to a division of fees in proportion to the work performed and
The term literally means as much as he has deserved, considering the reasonable value of
the lawyers services.
Champertous contracts are prohibited because they are against public policy and the
ethics of the profession. The lawyer becomes a party litigant instead of an advocate for a
client. This is so because of his personal interest in the property resulting from the
champertous contract.
CHAMPERTOUS CONTRACTS
CONTINGENT FEE
The lawyer undertakes to bear all
Not
expenses incidental to the litigation
Payable only in kind, out of the
May be paid in cash
properties recovered
Void as against public policy and
Valid
Professional Ethics
Instances When A Lawyer May Divide A Fee for Legal Services With Persons Not
Licensed to Practice Law
1. Where there is a pre-existing agreement with a partner or associate that upon the latters
death, money shall be paid over a reasonable period of time to his estate or to the persons
specified in the agreement.
2. Where a lawyer undertakes to complete the unfinished legal business of a deceased
lawyer.
3. Where a lawyer or law firm includes no-lawyer employees in retirement plan, even if the
plan is based in whole or in part, on the profit sharing agreement. [See Rule 9.02,CPR]
When An Independent Civil Action to Recover Attorneys Fees is Necessary:
1. The main action is dismissed or nothing is awarded.
2. The court had decide that it has no jurisdiction over the main litigation or has already lost
it.
3. The person liable for attorneys fees is not a party to the main action.
4. The court reserved to the lawyer the right To file a separate civil suit for recovery of
attorneys fees.
5. The subject services are not connected with the subject litigation
6. The judgment debtor has fully paid all of the judgment proceeds to the judgment creditor
and the lawyer has not taken any legal step to have his fees paid directly to him from the
judgment proceeds.
Assumpsit the action filed by a lawyer against his client for collection of attorneys fees
RULE OF ACCEPTANCE OF FEES
General Rule: A lawyer shall accept fees only from client.
Exemptions: A lawyer may with the full knowledge and consent of the client, accept any fee,
reward, costs, commission interest, rebate or forwarding allowance or other compensation
whatsoever related to his professional employment from any one other than his client.
CANON 21. A LAWYER SHALL PRESERVE THE CONFIDENCES AND SECRETS OF
HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED.
Rationale: To encourage client to tell all about the facts of the case.
An attorney cannot, without the consent of his client, be examined as to any communication
made by the client to him, or his advice given thereon . in the course of professional
employment; nor can an attorneys secretary, stenographer, or clerk be examined, without the
consent of the client and his employees, concerning any fact the knowledge of which has
been acquired in such capacity.[ Rule 130, sec. 21(b) Rules of Court]
21.3
21.4
21.5
21.6
21.7
CANON 22.
o An attorney may only retire form the case either by a written consent of his client or
by permission of the court after due notice and hearing, in which event the attorney
should see to it that the name of the new attorney is recorded in the case. (De Juan vs.
Baria III, Adm. Case no. 5817/05/27/2004)
22.01 A lawyer may withdraw his services in any of the following cases:
a. When the client pursues an illegal or immoral course of conduct in connection with
the matter he is handling;
b. When the client insists that the lawyer pursue conduct violative of these canons
and rule;
c. When his inability to work with co-counsel will not promote the best interest of the
client;
d. When the mental or physical condition of the lawyer renders it difficult for him to
carry out the employment effectively;
e. When the client deliberately fails to pay the fees for the services or fails to comply
with the retainer agreement;
f. When the lawyer is elected or appointed to a public office, and
g. Other similar cases
22.02 A lawyer who withdraws or is discharged shall, subject to a retaining lien,
immediately turn over all papers and property to which the client is entitled, and shall
cooperate with his successor in the orderly transfer of the matter, including all
information necessary for the proper handling of the matter.
Rules on Withdrawal of Counsel
General Rule: Withdrawal of counsel is not allowed
Exceptions:
1. Withdrawal WITH CONSENT of the client
a. by the written consent of his client
b. filed in the court
c. served upon the adverse party
2. Withdrawal WITHOUT clients CONSENT
-With permission of the court
Kinds of Withdrawal By Lawyer
1. When there is a duty to withdraw
2. Permissive withdrawal.
Rules on the Substitution of Counsel
General Rule: No substitution of attorneys will be allowed.
Exceptions: Substitution is allowed when the following requisites are present:
1. written request for such substitution;
DISCIPLINE OF LAWYER
The lawyer who violates these obligations could be called to task either through:
1. Disciplinary action
2. Criminal action
3. Damage suit
4. Contempt
DISCIPLINARY ACTION
An inherent power of the courts to correct the alleged misconduct of the lawyers.
General Basis for Imposing Disciplinary Action
ADMONITION
Gentle or friendly reproof,
mild rebuke, warning or
reminder counseling on a
fault, error or oversight, and
expression of authoritative
advice or warning.
REPRIMAND
More severe nature and has
been defined as a public and
formal censure or severe
reproof administered to a
person in fault by his
superior officer or a body to
which he belongs
More than just a warning or
admonition
FINE
The pecuniary punishment which courts impose against a miscreant lawyer. It is
imposed in accord with criminal violations of the law or as a consequence of the
contempt power of courts.
SUSPENSION
The act of the court prohibiting an attorney from practicing law for a certain definite
period. The Supreme Court may impose the penalty of indefinite suspension.
DISBARMENT
The act of the court in withdrawing from an attorney the right to practice law
Disbarment is the most severe form of disciplinary sanction. The power to disbar must
always be exercised with great caution, for only the most imperative reasons, and in
clear cases of misconduct affecting the standing and moral character of the lawyer as
an officer of the court and a member of the bar. Accordingly, disbarment should not be
decreed where any punishment less severe such as a reprimand, suspension, or fine
would accomplish the end desired. (Buado, et al., vs. Layag, AC No. 5182,
08/12/2004).
A lawyer may be disciplined for any conduct, in his professional or private capacity
that renders him unfit to continue to be an officer of the court. (Vda. De espino vs.
Presquito, A.C. No. 4762, 06/28/2004)
Administrative complaints for disbarment are referred to the IBP for formal
investigation by the Court after an evaluation by it of the pleadings submitted. An exparte investigation may only be conducted when the respondent fails to appear despite
reasonable notice. In this case, it would appear that no investigation, not even just an
ex-parte investigation, was conducted by the Commission on Bar Discipline.
The court must call for the due observance of the foregoing rules, and it is thus
contained to remand the case to the IBP for further proceedings. (Sitaca vs.
Palomares, Adm. Case No. 5285 No. 04/14/2004).
While she claimed that she was not immoral as she was then single and never has any
other affair with any other man except her husband, she admitted that she continued
to cohabit with him despite her knowledge of his previous marriages.
Indeed, disgraceful and immoral conduct is a grave offense that cannot be
countenanced. (Ratti vs. Mendoza-De Castro, A.M. No. P-04-1844, 07/23/2004).
Nature of Proceedings
1. NOT a civil action because there is no plaintiff and no respondent
2. NOT a criminal prosecution because it is not meant as a punishment depriving him of
source of livelihood but is rather those who exercise the function should be competent,
honorable and reliable so that public may repose confidence in them.
3. Judicial proceeding (sui juris) because it is an investigation by the court about the
misconduct of officer.
4. Confidential in nature.
NOTE: - Complainant cannot pray for damages because this is not a civil action but a
sui juris.
Disciplinary proceedings against lawyers involve no private
interest and afford no
redress for private grievance.
(FLORENCIA M.
SOMOSOT VS. ATTY. ELIAS A.
FONTEVEDRA, A.C.No. 4285, May
2006)
Who May File Complaint for Disbarment
ANYONE. The right to institute a disbarment proceeding is not confined to clients nor it is
not necessary that the person complaining suffered injury from the alleged wrongdoing.
NOTE: - Even an anonymous complainant or concerned citizens can initiate the
proceeding,
subject to SCs verification in a fact-finding
investigation (RE: LETTERCOMPLAINT
OF
CONCERNED CITIZENS AGAINST SOLICITOR
GENERAL
AGNES VST.
DEVANADERA, ATTY. ROLANDO FALLER, and
ATTY.
SANTIAGO VARELA, A.M. No. 07-11-13-SC, June 30, 2008; by
analogy - ANONYMOUS LETTER-COMPLAINT AGAINST SUSANA
CARDOZO,
CLERK III, REGIONAL TRIAL COURT, BRANCH 44,
DAGUPAN CITY, A.M.
No. P-06-2143, June 12, 2008)
PERIOD FOR FILING
General rule:
A compliant to initiate disbarment proceedings may be filed anytime.
Exception: Where disbarment depends alone on or necessarily requires prior conviction
and
the institution of criminal proceedings instituted after a long time from
the commission
of the act compliant of are regarded with disfavor.
Effects of Disbarment
1. It deprives a person of the right to practice as an attorney-at-law
2. The attorneys name is stricken out from the role of attorney
3. He ceases to be a member of the bar.
4. Losses all the rights, privileges and prerogatives af an attorney-at-law for all time
unless readmitted anew to the Bar.
Effects of Pardon during Pendency in a Disbarment Proceeding
Dismissal of the case on that sole basis will depend on whether the executive pardon is
absolute or conditional. If the pardon is absolute or unconditional, the disbarment case will
be dismissed. However , if the executive pardon is conditional, the disbarment case will not be
dismissed on the basis thereof.
An absolute pardon by the president is one that operates to wipe out the conviction as well
as the offense itself. The grant thereof to ma lawyer is a bar to a proceeding for disbarment
against him, if such proceeding is based SOLELY on the fact of such conviction.(In re:
Parcasion,69 SCRA 336)
Where the proceeding to disbar is founded on the professional misconduct involved in the
transaction which culminated in his conviction, the effect of the pardon is only to relieve him
to the penal consequences of his act and does not operate as a bar to the disbarment
proceeding, in as much as the criminal acts may nevertheless constitute proof that the
attorney does not possess good moral character. (In re: Lontoc, 43 Phil 293)
The lawyer was granted only conditional pardon. Such conditional pardon merely relieved
him of the penal consequences of his act but did not operate as a bar to his disbarment. Such
pardon does not reach the offence itself. Hence, it does not constitute a bar to his disbarment.
(In re: Gutierrez, 5 SCRA 661)
Effects Of Dismissal of Judgment
In the absence of convincing or clearly preponderant evidence, disbarment case against
him should be dismissed. However, the court can still impose conditions despite dismissal of
disciplinary action against him, if the facts so warrant and in the event the lawyer fails to
comply with such condition, it may suspend or disbar him for disobedience of its order.
TWO KINDS OF SUSPENSION
1. As a penalty
2. As a measure of prevention, in preventive suspension
Preventive Suspension
An order temporarily preventing a lawyer accused of committing any of the grounds for
suspension or disbarment from further degrading the legal profession and/or inflicting
harm upon the community.
Effect: The attorney shall not practice his profession until further action of the Supreme
Court.
Mere intimacy between a lawyer and a woman with no impediment to marry each
other who voluntarily cohabited and had two children, is neither so corrupt as to
constitute a criminal act nor so unprincipled as to warrant disbarment or disciplinary
action against the man as a member of the bar. (Arciga vs. Maniwang. 106 SCRA 591)
PROCEDURE FOR SUSPENSION OR DISBARMENT OF ATTORNEYS (RULE 139B) BY THE SUPREME COURT MOTU PROPIO
SUPREME COURT
REFERS THE CASE
TO AN INVESTIGATOR
(POSSIBLE INVESTIGATORS:
Solicitor General, any Officer of the
Supreme Court, or any Judge of a
lower court)
RESPONDENTS ANSWER
(Must be served within
15 days from notice)
INVESTIGATION
INVESTIGATORS REPORT
Submitted not later than 30 days
from termination of investigation.
(Contains: Findings of facts,
Recommendation to Disbar/
Suspend/Dismiss)
SUPREME COURT
(For Review and Final Action)
PROCEDURE FOR SUSPENSION / DISBARMENT OF ATTORNEYS BY THE IBP
OR
BY A VERIFIED COMPLAINT
TO THE IBP
(Complaint must be in writing
and shall state the facts
complained of)
APPOINTMENT OF AN
INVESTIGATOR and NOTICE
TO RESPONDENT
RESPONDENTS ANSWER
(Must be served within 15 days
from notice)
INVESTIGATION
1. Investigator may issue
subpoenas.
2. Provide respondent with
opportunity to be heard.
3. May proceed with
investigation ex parte
should respondent be
unable to comply
INVESTIGATORS REPORT
Submitted not later than 30 days
from termination of investigation.
(Contains: Findings of facts,
Recommendation to Disbar/
Suspend/ Dismiss)
SUPREME COURT
(Decision)
DEFENSES
GENERAL DEFENSES: The Statute of Limitations is not a defense in disciplinary
proceedings. Circumstances that facts set up as ground for disbarment constitute crime, the
prosecution for which in a criminal action is barred by prescription.
Exception: The fact that a considerable length of time has lapsed from the date the
misconduct took place on the date the complaint for disbarment was filed may indicate
ulterior motive on the part of complainant or innocence on the part of respondent
Modifying Circumstance
Extent of disciplinary action depends on attendance of mitigating or aggravating
circumstance.
Mitigating Circumstances
1. Good faith
2. Want of intention to commit wrong
3. Lack of material damage to complainant
4. Desistance of complainant
5. Youth and inexperienced in bar, etc.
Aggravating Circumstances
1. Abuse of authority or of attorney-client relationship
2. Sexual intercourse with LLB relative
The exercise of the power to punish contempt has a twofold aspect, namely
(1) the proper punishment of the guilty party for his disrespect to the court or its order;
and
(2) to compel his performance of some act or duty required of him by the court which he
refuses to perform.
Acts of Lawyer Constituting Contempt
1. Misbehavior as officer of court
2. Disobedience or resistance to court order
3. Abuse or interference with judicial proceedings
4. Obstruction in administration of justice
5. Misleading courts
6. Making false allegation, criticisms, insults, veiled threats against the court
7. Aiding in unauthorized practice of law (suspended or disbarred)
8. Unlawful retention of clients funds
Procedure For Contempt Proceedings
1. The corresponding charge shall be filed by the investigator before the IBP Board of
Governors which shall require the alleged contemnor to show cause within the (10)
days from notice.
2. The IBP Board of Governors may thereafter conduct hearings, if necessary, in
accordance with the procedure set forth in this Rule for hearings before the
investigator.
3. Such hearing shall as far as practicable be terminated within fifteen (15) days from its
commencement.
4. Thereafter, the IBP Board of Governors shall issue a resolution setting forth its
findings and recommendations which shall forthwith be transmitted to the Supreme
Court for final action and if warranted, the imposition of penalty.
The Executive Judge may motu proprio initiate administrative proceedings against a
notary public, subject to the procedures prescribed in paragraph (c) above and impose the
appropriate administrative sanctions on the grounds mentioned in the preceding paragraphs (a) and
(b). (Rule XI, Sec. 1)
Notarization of a private document converts the document into a public one making it
admissible in court without further proof of its authenticity. Indeed, it creates real rights.
The thing speaks for itself. Rebuttable presumption or inference that defendant was negligent,
which arises upon proof that instrumentality causing injury was in defendants exclusive control,
and that the accident was one which ordinarily does not happen in absence of negligence.
Judges had been dismissed from the service without need for a formal investigation because
based on the records, the gross misconduct or inefficiency of the judges clearly appears. (Uy vs.
Mercado, 154 SCRA 567)
JUDICIAL ETHICS
Judicial ethics is that branch of moral science which treats of the right and proper conduct to be
observe by all judges and magistrates in trying and deciding controversies brought to them for
adjudication which conduct must be demonstrative of impartiality, integrity, competence,
independence and freedom from improprieties. The freedom from improprieties must be observed
even in the judges private life being the visible representation of the law.
The observance of the Canon of Judicial Ethics does not end at the close of office hours nor is
limited within the performance of his official duties. The Canon of the Judicial Ethics
commands that a judges behavior, official or otherwise, should be free from the appearance of
impropriety in all activities and should be beyond reproach, (PYSINSP, OMEGA JIREH D.
FIDEL, vs. JUDGE FELIX A. CARAOS, MTC, Candelaria, Quezon; A.M. No. MTJ-99-1224.
December 12,2000)
The Code of Judicial Conduct was promulgated by the Supreme Court on September 5, 1989 and took
effect on October 20,1989. All judges are required to strictly comply with the Code of Judicial
Conduct.
Through A.M. No. 03-05-01-SC (promulgated on 27 th of April 2004 and took effect on the 1 st of June
2004), the Canons of Judicial was superseded by the New code of Judicial conduct for the
Philippine judiciary (NCJC). However, in case of deficiency or absence of specific provisions or
concepts in the New Code, the Canons of Judicial Ethics and the Code of Judicial Conduct shall be
applicable in a suppletory character.
DEFINITIONS:
Court Staff includes the personal staff of the judge including law clerks.
Judge means any person exercising judicial power, however, designated
Judges Family Includes a judges spouse, son, daughter, son-in-law, daughter-in-law, and any other
relative by consanguinity or affinity within the sixth civil degree, or person.
CANON 1.
INDEPENDENCE
Judicial Independence is a pre-requisite to the rule of law and a fundamental guarantee of
a fair trial. A judge shall therefore uphold and exemplify judicial independence in both its
individual and institutional aspects.
1. To exercise judicial function independently based on their assessment of facts and in
accordance with conscientious understanding of the law, free from any quarter or for any
reason;
2. To be independent from judicial colleagues in respect to decisions which the judge is
obliged to make independently;
3. To refrain from influencing in any manner the outcome of litigation or dispute pending
before another court or administrative agency;
4. Not to allow family, social or other relationships to influence judicial conduct or judgment
and not to use or lent the prestige of judicial office to advance the private interests of others,
5.
6.
7.
8.
nor convey or permit others to convey the impression that they are in a special position to
influence the judge;
To be free not only from inappropriate connections with, and influence by, the executive
and legislative branches of government, but must also appear to be free therefrom to a
reasonable observer;
To be independent in relation to society in general and in relation to the particular parties to
a dispute which he or she has to adjudicate;
To encourage and uphold safeguards for the discharge of judicial duties in order to
maintain and enhance the institutional and operational independence of the judiciary;
To exhibit and promote high standards of judicial conduct in order to reinforce public
confidence in the judiciary which is fundamental to the maintenance of judicial
independence.
Every judge is required to observe the law. When the law is sufficiently basic, a judge owes it
to his office to simply apply it and anything less than that would be constitutive of gross
ignorance of the law.
A judge should be studious of the principles of law, he should administer his office with due
regard to the integrity of the system of the law itself, remembering that he is not a depository
of arbitrary power, but a judge under the sanction of law, ignorance of the law excuses no
one
(Almojuela Jr. vs. ringor, et al., A.M. No. MTJ004-1521, 07/27/2004)
Competence is the mark of a good judge. Having accepted the exalted position of judge,
whereby he judges his own fellowmen, the judge owes it to the public who depend on him,
and to the dignity of the court he sits in, to be proficient in the law. (Alcaraz vs. Lindo, A.M.
No. MTJ-04-1539, 04/14/2004)
Judges are expected to keep abreast of developments in law and jurisprudence and are
expected to have more than a cursory knowledge of all the rules on preliminary investigation
and bail. Respondent judges failure to observe the basic laws and rules is not only
inexcusable, but renders him susceptible to administrative sanction for gross ignorance of the
law and incompetence. (Bueno vs. Dimangadap, A.M. MTJ-02-1462, 08/10/2004)
It has been oft repeated that judges cannot be held to account or answer criminally, civilly or
administratively for an erroneous judgment of decision rendered by him in good faith, or in the
absence of fraud, dishonesty or corruption. However, it has also been held that when the law
violated is elementary, a judge is subject to disciplinary action. The principles of due notice
and hearing are so basic the respondents inability to accord a litigant their right thereto cannot
be excused. We find respondent guilty of gross ignorance of the law for violating the three-day
complainant due notice and the opportunity to be heard on the matters as mandated. (King and
Sons Company, Inc. vs. Hontanosas, Adm. Matter no. RTJ-03-1802, 09/21/2004)
A judge should be vigilant against any attempt to subvert the independence of the judiciary
and resist any pressure from whatever source. (Almojuela, Jr. vs. Ringor, et al., A.M. No. MTJ04-1521, 07/27/2004)
Unless it was a case filed with this court, it was improper for him to intervene in a dispute or
controversy. (Marces Sr. vs Arcangel, 258 SCRA 517)
The Code of Judicial Conduct requires that a judge shall neither allow family relationships to
influence judicial conduct or judgment, nor allow the prestige of judicial office to be used or
lent to advance the private interest of others. (Decena, et al. vs. Malanyaon, A.M. No. PTJ 021669, 04/14/2004)
CANON 2.
INTEGRITY
It is essential not only to the proper discharge of the judicial office but also to the personal
demeanor of judges.
1. To ensure not only that conduct is above reproach, but that is perceived to be so in view
of a reasonable observer;
2. To reaffirm the peoples faith in the integrity of the judiciary through their behavior and
conduct so that justice must not merely be done but must also be seen to be done;
3. To take or initiate appropriate disciplinary measures against lawyers or court personnel
for unprofessional conduct of which the judge may have become aware.
CANON 3.
IMPARTIALITY
It is essential to the proper discharge of the judicial office. It applies not only to the decision
itself but also to the process by which the decision is made.
1.
2.
3.
4.
5.
It is elementary that an Executive Judge only has administrative supervision over lower courts.
Her function relates only to the management of first and second level courts, within her
administrative area. Acting as such, she cannot unilaterally override the MTCs actions in cases
pending with it under the guise of administrative supervision, without running afoul of the
orderly administration of justice. Only when her courts jurisdiction is appropriately invoked in
an appeal or certiorari and other special civil actions can respondent judge in her judicial capacity,
override the lower courts judgment.
A courts letterhead should be used only for official correspondence. (Oktubre vs. Velasco, A.M.
No. MTJ-02-1444,07/22/2004).
No judge should preside in a case in which he is not wholly free, disinterested, impartial and
independent. A judge should not handle a case in which he might be perceived to be susceptible to
bias and partiality. The rule is intended to preserve the peoples faith and confidence in the courts
of justice.
A judge is prohibited from sitting in a case where is related to a party or to counsel with the sixth
and fourth degree of consanguinity of affinity, respectively. (Oktubre vs. Velasco, A.M. No. MTJ02-1444, 07/22/2004).
HIMSELF
FROM
A judge should administer justice impartially and without delay. They must always be in control of
proceedings to ensure that the mandatory periods provided in the Rules of Court and several other
rules promulgated by the Court are faithfully complied with. A judge shall dispose of the courts
business promptly and decide cases within the required periods. Justice delayed is often justice
denied. (RE: compliance of Rosete, A.M. No. 04-5-118-MTCC, 07/29/2004).
Judges should refrain from expressing irrelevant opinions in their decisions which may only reflect
unfavorably upon their competence and the propriety of their judicial actuations. (Balagtas vs.
Sarmiento, Jr., A.M. No. MTJ-01-1377, 06/17/2004).
The public expects a judge to be fearless in the pursuit to render justice, to be unafraid to displease
any person, interest or power and to be equipped with a moral fiber strong enough to resist the
temptations lurking in the office of the judge. (Ramirez vs. Corpuz-Macandong, 144 SCRA 462)
It is not denied that the respondent judge is the brother of the respondent and their close
relationship notwithstanding, and despite the prohibition mentioned above, the respondent
judge took cognizance of the case and issued the controversial order directing the issuance of a
writ of preliminary injunction, after which he inhibited from sitting on the case for the same
reasons. Such action, to our mind, is reprehensible as it erodes the all important confidence in
the impartiality of the judiciary. (Hurtado vs. Jurdalena, et al., G.R. No. L-49603, 07/13/1978)
DISQUALIFICATION
Rule on disqualification enumerates
the grounds under which any judge or
judicial officer is disqualified from
acting as such and the explicit
enumeration of the specific grounds
excludes the others.
Rules gives the judicial officer no
discret0on to try or sit in a case.
INHIBITION
Rule does not expressly enumerate the
specific grounds for inhibition but
merely gives a broad basis thereof, i.e.
good sound or ethical grounds.
Rules leave the matter of inhibition
sound discretion of the judge.
Judge Calderon was found guilty of gross misconduct, abandonment of office and was
dismissed due to his frequent leave of absences totaling to 3 years which were not approved
and his explanations were inexcusable. He has caused great disservice to many litigants and
has denied them speedy justice. (In re Leaves of Absence Without Approval of Judge Eric
Calderon, A.M. 98-8-105 MTC, January 26, 1999)
The failure of a judge to decide even a single case within the 90-day period was considered
gross inefficiency warranting the imposition of fine equivalent to his one months salary. (In re
Judge Danillo Tenerife, 255 SCRA 184)
The acceptance by the Presidnet of the resignation does not necessarily render the case moot
or deprive the SC of the authority to investigate the charges. The court retains its jurisdiction
either to pronounce the respondent official innocent of the charges or declare him guilty
thereof. A contrary rule will be fraught with injustice and pregnant with dreadful and
dangerous implications. (Pesole vs. Rodriguez, 81 SCRA 208)
The retirement/resignation of a judge may or may not render the administrative complaint
moot and academic. Each case will be determined according to its surrounding circumstances.
Proceedings against judges are private and confidential until the final determination thereof
[Sec. 6, Rule 140 of the Rules of Court].
CANON 4.
PROPRIETY
Propriety and the appearance of propriety are essential to the performance of all the
activities of a judge.
1. To avoid impropriety and the appearance to the performance in all of their activities;
2. To accept personal restrictions that might be viewed as burdensome by the ordinary citizen
and should do so freely and willingly and to conduct themselves in a way that is consistent
with the dignity of the judicial office;
3. To avoid situations which might reasonable give rise to the suspicion or appearance of
favoritism or partiality on their personal relations with individual members of the legal
profession who practice regularly in their court;
4. Not to participate in the determination of a cases in which may member of their family
represents a litigant or is associated in any manner with the case;
5. Not to allow the use of their residence by a member of the legal profession to receive clients
of the latter or of the other members or the legal profession;
6. To be entitled to freedom of expression, belief, association and assembly, like any other
citizen, but in exercising such rights, conduct themselves in such manner as to preserve the
dignity of the judicial office and the impartiality and independence of the judiciary;
7. To inform themselves about their personal fiduciary interests and shall make reasonable
efforts to be informed about the financial interest of members of their family;
8. Not to use or lend the prestige of the judicial office to advance their private interests, or
those of a member of their family or of anyone else, nor shall they convey or permit others
to convey the permission that anyone is in a special position improperly to influence them in
the performance of judicial duties;
9. Not to use or disclose confidential information acquired in their judicial capacity for any
purpose related to their judicial duties
10. Not to practice whilst the holder of judicial office;
11. To form or join associations of judges or participate in other organizations representing the
interests of judges;
12. Not to ask for nor accept, for themselves and members of their families, any gift, bequest,
loan or favor in relation to anything done or to be done or omitted to be done by him or her
in connection with the performance of judicial duties;
13. Not to knowingly permit court staff or others subject to their influence, direction or
authority, to ask for, or accept any gift, bequest, loan or favor in relation to anything done
or to be done or omitted to be done in connection with their duties or functions;
14. To receive a token, gift, award or benefit, subject to law and to any legal requirements of
public disclosure, as appropriate to the occasion on which it is made, provided that such
gift, award or benefit might not reasonable be perceived as intended to influence the judge
in the performance of judicial duties or otherwise give rise to an appearance of partiality.
NOTES AND CASES:
It was held that apropos the issue on the hasty rendition of judgment in criminal case, judges
must avoid not only impropriety but even the appearance of impropriety in all their actions
and neither should they take undue interest in the settlement of criminal cases as the same may
compromise the integrity and impartiality of their office. (Porsecutor Loo Tabao vs. Judge
pedro Espina, A.M. NO. RTJ 96-1347, June 39, 1999)
A judge should not handle a case in which he might be perceived to be susceptible to bias and
partiality. He should avoid not merely impropriety in all his acts but even the appearance of
impropriety. (Perez vs. judge Suller)
The one who occupies an exalted position in the administration of justice must pay a high
price for the honor bestowed upon him, for his private as well as his official conduct must at
all times be free from the appearance of impropriety. (Luque vs. Kayanan, 29SCRA 165)
The judge is the visible representation of the law and must, at all times, conduct themselves in
such manner as to be beyond reproach and suspicion. (Cabrera vs. Pajares, 142 SCRA 127)
The court held that a mere casual buss (beso-beso) on the cheek is not a sexual conduct or
favor and does not fall within the purview of sexual harassment under RA No. 7877. The said
Court also exonerated Judge Acosta of the charges against him and likewise advised him to be
more circumspect in his deportment. (Atty. Susan M. Aquino vs. Hon. Ernesto D. Acosta,
Presiding Judge Court of Tax Apepals; A.M. No. CTA 01-1; April 2, 2002)
In the absence of any showing that respondent s interference was in bad faith or with malice
and considering that this is the first time on record that he committed such infraction of the
Code of Judicial Conduct, a mere reprimand is just and reasonable. Certainly, when judges of
the same court in the same place fight the image of the judiciary is impaired rather than
enhanced. It is incumbent upon them to so behave at all times as to promote public confidence
in the integrity and impartiality of the judiciary. (Navarro vs. Tomis, A.M. No. MYJ-00-1337,
04/27/2004)
By entertaining a litigant in his home and receiving benefits given by said litigant , respondent
miserably failed to live up to the standard of judicial conduct. A judge must assiduously
protect the image of his exalted office. (J.King and Sons Company, Inc. vs. Hontanosas, Adm.
Matter No. RTJ-03-1802, 09/21/2004)
When a judge agrees to perform an act constituting a crime in connection with the performance
ofhis official duties in consideration of any offer, promise, gift or present received by such officer,
he is guilty of direct bribery.
The judge is liable criminally for directly of indirectly receiving gifts, present or other pecuniary
or material benefit, for himself or for another under conditions provided in Section 2, (b) and (c) of
the law. Excepted are unsolicited gifts or presents of small value offered or given as a mere
ordinary token of gratitude or friendship according to local custom or usage. (Section 14, RA
3019)
The judge may be liable for: x x x Divulging valuable information of a confidential character,
acquired by his office or by him on account of his official or by him on account of his official
position to unauthorized persons, or releasing such information in advance of its authorized
release due. (Section 3 (k) RA 3019)
Violation of the rule may also lead to revelation of secrets by an officer or to revelation of
the secrets of a private individual punishable by Articles 229 and 230 of the Revised Penal
Code respectively.
Every public officer, including judges are required to file a true, detailed and sworn statement
of the amounts and services of income, the amounts of their personal and family expenses and
the amount of income taxes paid for the nest preceding calendar year. This is filed within 30
days after assuming office and thereafter on or before the 15 th day of April following the close
of every calendar year, as well as upon expiration of his term of office, or upon resignation, or
separation from office. Section 7, RA 3019)
The violation of Section 7 of said law will make the officer liable for imprisonment and/or
fine. Violation is also sufficient ground for removal or dismissal of a public officer even if no
criminal prosecution is instituted.(Section 9, RA 3019)
The constitution prohibits officers and employees in the Civil Service from engaging directly
or indirectly, in any electioneering or partisan political campaign. Section 2 (4) Art. IX 1987,
Constitution
CANON 5.
EQUALITY
Ensuring equality of treatment to all before the courts is essential to the due performance of
the judicial office.
1. To be aware of, an understand diversity in society and differences arising from various
sources including but not limited to race, color, sex, religion national origin, caste,
disability, age, marital status, sexual and economic status and other like causes;
2. Not to manifest bias or prejudice towards any person or group on irrelevant grounds in the
performance of judicial duties;
3. To carry our judicial duties with appropriate consideration for all persons, such as the
parties, witnesses, lawyers, court staff and judicial colleagues, without differentiation on
any irrelevant ground, immaterial to the proper performance of such duties;
4. Not to knowingly permit court staff or others subject to his or her influence, direction or
control to differentiate between before the judge on any irrelevant ground;
5. To require lawyers in proceedings before the court to refrain from manifesting, by words or
conduct, bias or prejudice based on irrelevant.
CANON 6.
Competence and diligence are prerequisites to the due performance of judicial office.
1. That the judicial duties of a judge take precedence over all other activities;
2. To devote their professional activity to judicial duties, which include not only the
performance of judicial functions and responsibilities in court and the making of decisions,
but also other tasks relevant to the judicial office of the courts operations;
3. To take reasonable steps to maintain and enhance their knowledge, skills and personal
qualities necessary for the proper performance of judicial duties, taking advantage for this
purpose of the training and other facilities which should be made available, under judicial
control, to judges;
4. To keep themselves informed about relevant developments of international conventions and
other instrument establishing human rights norms;
5. To perform all judicial duties including the delivery of reserved decisions, efficiently, failry
and with reasonable promptness;
6. To maintain order and decorum in all proceedings before the court and be patient, dignified
and courteous in relation to litigants, witnesses, lawyers and others with whom the judge
deals in their official capacity and to require similar conduct to legal representatives, court
staff and others subject to their influence direction or control;
7. Not to engage in conduct incompatible with the diligent discharge of judicial.
NOTES AND CASES:
It was held that cognizant of the caseload of judges and mindful of the pressure of their work,
the Supreme Court almost always grants requests for extension of time to decide cases. A
heavy caseload may excuse a judges failure to decide cases within the reglementary period,
but not his or her failure to request an extension of time within which time to decide the same
on time, i.e. before the espiration of the period to be extended. (Request of Judge Imma Zita
Masamayor, A.M. No. 99-1-16, RTC June 21, 1999)
The Supreme Court has always considered the failure of a judge to decide a case within the
reglementary period as GROSS INEFFICIENCY and imposed either fine or suspension from
service without pay for such the fines imposed vary in each case, depending chiefly on the
number of cases not decided and other factors to with the presence of aggravating
circumstances the damage suffered by the parties as a result of the delay and health age of
the judge, etc. (Bernardo vs. Judge Amelia Fabros, A.M. NO. MTJ-99-1189, May 12, 1999)
The court agrees with the Court Administrators findings that respondents explanation for the
delay in rendering judgment in this case is flimsy because respondent could have caused the
preparation of his computer malfunctioned. At any rate, respondent could also have asked
from this Court for an extensuion of time within which to render judgment instead of just
allowing the 30-day period to expire. (Atty. Joselito A, Oliveros vs. Judge Romulo G.
Carteciano (Ret.); A.M. No. MTJ-02-1409, April 5, 2002)
A judge may not be disciplined for error or judgment unless there is proof that the error is
made with a conscious and deliberate intent to commit an injustice. (Pantig vs. Daing, Jr., et
al., A.M. No. RTJ-03-1791, 07/08/2004)
It is settled that a judges failure to interpret the law or to property appreciated the evidence
presented does not necessarily render him administratively liable. Only judicial erros tainted
with fraud, dishonesty, gross ignorance, bad faith, or deliberate intent to do an injustice will be
administratively sanctioned. To hold otherwise would be to render judicial office untenable,
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. (Cepeda vs. Cloribel-Purungganan, A.M. No. RTJ04-1866, 07/30/2004)
Competence is a mark of a good judge. He should not stop studying for the law is dynamic. It
grows and grows. Thus a judge should be conversant with the law and its amendments. (Lopez
vs. Fernandez, 99 SCRA 603)
He should act partially and beyond suspicion and must keep abreast of the latest laws.
(Vasquez vs. Malvar, 85 SCRA 10)
A judge should be fully acquainted with legal norms and precepts and with the statues and
procedural rules. (De la Cruz vs. Febrero, 82 SCRA 379)
A government of laws, not of men excludes the exercise of broad discretionary powers by
those acting under its authority. Under this system, judges are guided by the RULE OF LAW,
and ought to protect and enforce it without fear or favor, x x x courts are not concerned with
the wisdom, efficacy of morality of law. (People vs. Veneracion, SCRA 244)
No decision shall be rendered by any court without expressing therein clearly and distinctly
the facts and the law on which it is based.
No petition for review or motion for reconsideration of a decision of the court shall be refused
due course or denied without sharing the legal basis therefore. Art. 8, Sec. 14, 1987
Constitution
Extreme care should be made in the making of the dispositive portion of the decision for that
is the part of the decision which is to be implemented. (Santos vs. Paguio, 227 SCRA 770;
Padua vs. Robles, 66 SCRA 485
A judge should be patient, attentive courteous to lawyers, litigants witnesses and other
appearing before the court. He should avoid controversial tone and considerate and be aware
that disrespect to lawyers generates disrespect to judges. If a judge desires not to be insulted,
he should use temperate language himself; he who sows the wind will reap a storm.
(Fernandez vs. Bello, 107 Phil 1146)
Patience and gravity of hearing is an essential of justice; and an over-speaking judge is no
well-tuned cymbal. It is no grace to a judge to show quickness of conceit in cutting of counsel
to short. Restraint still is a trait desirable in those who dispense justice. (Ysasi vs. Fernandez,
26 SCRA 409; Delgra, jr. vs. Gonzales, 31 SCRA 237)
A judge should not allow himself to be moved by pride, prejudice, passion or pettiness in the
performance of his duties. (Autria vs. Quel, 20 SCRA 1260)
The alleged derogatory remarks uttered by respondent against Branch 6, MTCC, Cebu City
could have been uttered demeaning words against her and that their action was not intentional
and in bad faith. (Navarro vs. Tormis, A.M. No. MTJ-00-1337, 04/27/2004)
The judge shall at all times remain in full control of the proceedings in his sala and should
follow the time limit set and for deciding cases or resolving motions. It is elementary that a
judge must be conversant with basic legal principles and procedures. Among other things, he
is expected to keep this own record of cases and to note therein their status so that he may act
on them accordingly and promptly. Unreasonable delay in resolving a pending incident is
violation of the norms of judicial conduct. (Report on Judicial Audit Conducted in the MCTCDAPA, Surigao del Norte, 03/30/2004)
Needles to say, judges should respect the orders and decisions of higher tribunals, much more
so this Court form which all other courts should take their bearings. A resolution of the
Supreme Court is not be construed as a mere request and should not be complied with
partially, inadequately or selectively.(Fernandez vs. Hamoy, A.M. No. RTJ-04-1821,
08/12/2004)
In the case absence of proof that Judge Cana deliberately delayed the resolution of the
annulment case, we accept his explanation as satisfactory and exonerate him from any
administrative liability. (Office of the Court Administrator vs. Javellana, et al, A.M. No. RTJ02-1737, 09/09/2004)
A judge cannot choose his deadline for deciding cases pending before him without an
extension granted by this Court. The Code of Judicial Conduct mandates judges to attend
promptly to the business of the court and decide cases within the periods prescribed by law
and the Rules. Under the 1987 Constitution, lower court judges are also mandated to decide
cases within 90 days from submission. Respondent judge should have known that all he had to
do was to ask this Court for a reasonable extension of time to dispose of this cases.
The failure of his clerk of court of call his attention to the cases submitted for decision, the
inability of his officer-in-charge to properly manage the daily court activities and all the
excuses he gave are not acceptable to us. A judge cannot take refuge behind the inefficiency or
mismanagement of his court personnel since they are not responsible for his judicial functions.
On the contrary, a judge should be the master of his own domain and take responsibility for
the mistakes of his subordinates. (Office of the Court Administrator vs. Javellina , et al., A.M.
No. RTJ-02-1737, 09/09/2004)
But intervention must be done by a judge with circumspection, sparingly, for clarification and
not to build care for one of the parties.
It is the duty of all court employees from the presiding judge to the lowliest clerk to maintain
the courts good name and standing as the temple of justice. The court condemns and would
never countenance any conduct, act or omission on the part of all those involved in the
administration of justice, which would violate the norm of public accountability and diminish
or even just tend to diminish the faith of the people in the judiciary. (Monserate vs. Adolfo,
A.M. No. P-04-1823, 07/12/2004)
However, the respondents conduct on the whole may only be characterized as plain and
simple discourtesy. After all, apart from the sarcastic words she uttered, she did not raise her
voice at the complainant. Public officials and employees are under obligation to perform the
duties of their offices honestly, faithfully, and to the best of their ability. They, as recipients of
the public trust, should demonstrate courtesy, civility, and self-restraint in their official
actautions to the public at all times even when confronted with rudeness and insulting
behavior. (Narvasa-Kampana vs. Josue, A.M. No. 2004-09-SC, 06-30-2004)
Judges are charged with the administrative responsibility of organizing and supervising his
court personnel top secure the prompt and efficient dispatch of business, requiring at all times
the observance of high standards of public service and fidelity. Indeed, he is ultimately
responsible fro ensuring that court personnel perform their tasks and that the parties are
promptly notified of his orders and decisions. It is his duty to devise an efficient recording and
filing system in his court to enable him to monitor the flow of cases and to manage their
speedy and timely disposition.
Members of the judiciary have the sworn duty to administer justice without undue delay. A
judge who failed to do so has to suffer the consequences of his omission. Any delay in the
disposition of case undermines the peoples faith in the judiciary. (Fernandez vs. Hamoy, A.M.
No. RTJ-04-1821, 08/12/2004)
Delay in the disposition of cases undermines the peoples faith and confidence in the judiciary.
Hence, judges are enjoined to decide the cases with dispatch. Their failure to do so constitutes
gross inefficiency and warrants the imposition of administrative sanctions on them. (Bueno vs.
Dimangdap, A.M. No. MTJ-02-1462. 09/10/2004)
Every court has the inherent power among others, to preserve and enforce orders in its
immediate presence, to compel obedience to its judgments, orders and processes and to
control, in furtherance of justice, the conduct of its, ministerial officers. [See also Secs. 28 &
29; Rule 138 Rules of Court]
DISCIPLINE OF JUDGES
Jurisdiction Over Erring Members of the Bench
The Supreme Court shall leave administrative supervision over all courts and the personnel
thereof (Sec. 6, Art. VIII 1987 Constitution). The Supreme Court en banc shall have the power
to discipline judges of lower courts, or order their dismissal by a vote of a majority of the
Members who actually took part in the deliberations on the issues in the case and voted
thereon (Second Sentence, Sec. 11 Art. VIII, 1987 Constitution)
The inferior courts (MTCs) are not empowered even just to suspend an attorney,
although they may cite or hold a lawyer in contempt of court for contemptuous acts.
Justices and judges, who are also lawyers, may also be disbarred of found guilty of certain
crimes and / or of the causes for disbarment under the Rules of Court.
Justices of the Supreme Court however may not be disbarred unless and until they shall have
been first impeached in accordance with the Constitution. The same is true with the other
impeachable offivers who are members of the bar.
Before a civil or a criminal action against a judge for violation of Articles 204 and
205, Revised Penal Code, can be entertained, there must first be a Final and
Authoritative judicial declaration that the decision or order is indeed unjust. The
pronouncement may result from either: (a) an action for certiorari or prohibition in a
higher court impugning the validity of judgment; or (b) an administrative proceedings
in the Supreme Court against the judge precisely for promulgating an unjust judgment
or order. (De Vera vs. Pelayo, 335 SCRA 281)
4. Reducing to a ridiculous amount the bail bond of the accused in a murder case thus enabling
him to escape the toils of the law;
5. Imposing a penalty of subsidiary imprisonment on a party for failure to pay civil indemnity in
violation of RA 5465;
6. Issuing a warrant of arrest in a case which is clearly civil in nature;
7. Failure to dismiss a complaint which has prescribed;
8. Oppression or unwarranted display of authority;
9. Imposing the wrong penalty to the crime charged and proven;
10. Failure to comply with the basic prerequisites for the issuance of a search warrant;
11. Dismissing a criminal case based on the principle of in pari delicto a civil law principle;
12. Including execution in the judgment itself;
13. Granting an Ex-parte Motion For Execution in ejectment case without notice to adverse party;
and
14. Non-feasance of JudgesNo judge or court, shall decline to render judgment by reason, of the
silence, obscurity or inefficiency of the laws. [Article 9, civil code]
Civil Liabilities of Judges in Relation to Their Official Functions
Any public officer or employee, or any private individual, who directly or indirectly obstructs,
defeats, violates or in any manner impedes or impairs the civil rights and liberties of persons
shall be liable for damages. [Article 32 Civil Code]
The responsibility for damages is not however demandable of judges except when the act or
omission of the judge constitutes a violation of the Penal Code or other penal statute.[Article
32, last part Civil Code]
Judge is civilly liable for willfully or negligently rendering a decision which causes damage to
another. [Article 20, Civil Code]
Judge is civilly liable for damages for refusing or neglecting to decide a case causing loss to a
party.[Article 27 New Civil Code]
Disabilities of Judges Under the Civil Code
Judges cannot purchase properties subject of litigation in his court.
Donations made to a judge, his wife, descendants and ascendants by reason of his office are
void Art. 739 of Civil Code.
If the decision rendered by the judge is still on appeal, the judge cannot e disqualified on the
ground of knowingly rendering an unjust judgment. (Abad vs. Blaza, 145 SCRA).
Negligence and ignorance are inexcusable if they imply a manifest injustice which cannot be
explained by reasonable interpretation. (In re Climaco, 55 SCRA 107)
A judge is criminally liable for causing an undue injury to a person or giving any private party
an unwarranted benefit, advantage or preference in the discharge of his official function
through manifest partially, evident bad faith and gross inexcusable negligence. [Section 3 (e),
R. A. 3019]
PREAMBLE
An honorable competent and independent judiciary exists to administer justice and thus promote the
unity of the country, the stability of government, and the well-being of the people.
CANON 1
THE
RULE
101
102
103
CANON 2
RULE
201
202
203
A judge should so behave at all times as to promote public confidence in the integrity and
impartially of the judiciary.
A judge should not seek publicity for personal vainglory.
A judge shall not allow family, social, or other relationships to influence judicial conduct or
judgment. The prestige of advance the private interests of others, nor convey the impression
that they are in a special position to influence the judge.
204
A judge should refrain from influencing in any manner the outcome of litigation or dispute
pending before another court or administrative agency.
CANON 3
Rule
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
A judge should take no part in a proceeding where the judges impartiality might
reasonably be questioned. These cases include among others, proceedings where:
(a) The judge has personal knowledge of disputed evidentiary facts concerning
the proceeding;
A judge disqualified by the terms of rule 3.11 may, instead of withdrawing from the
proceeding, disclose on the record the basis of disqualification. If, bases on such
disclosure, the parties and lawyers independently of judges participation, all agree in
writing that the reason for the inhibition is immaterial or insubstantial, the judge may
then participate in the proceeding. The agreement, signed by all parties and lawyers,
shall be incorporated in the record of the proceeding.
CANON 4
Rule
4.1
A judge may, to the extent that the following activities do not impair the performance
of judicial duties or cast doubt on the judges impartially;
a. Speak, write, lecture, teach or participate in activities concerning the law;
the legal system and the administration of justice;
b. Appear at a public hearing before a legislative or executive body on matters
concerning the law, the legal system or the administrative of justice and
otherwise consult with them on matters concerning the administration of
justice;
c. Serve on any organization devoted to that improvement of the law, the legal
system or the administration of justice.
CANON 5
A JUDGE SHOULD REGULATE EXTRA-JUDICIAL ACTIVITIES TO
MINIMIZE THE RISK OF CONFLICT WITH JUDICIAL DUTIES
ADVOCATIONAL CIVIC AND CHARITABLE ACTIVITIES
Rule
5.1
A judge may engage in the following activities provided that they do not interfere with the
performance of judicial duties or detract from the dignity of the court:
(a)
(b)
(c)
(d)
FINANCIAL ACTIVITIES
5.2
A judge shall refrain from financial and business dealing that lend to reflect adversely on the
courts impartiality, interfere with the proper performance of judicial activities or increase
involvement before the court. A judge should so manage investments and other financial
interests as to minimize the number of cases giving grounds for disqualifications.
5.3
Subject to the provisions of the proceeding rule, a judge may hold and manage investments but
should not serve as officer, director, manager or advisor, or employee of any business except
as director of a family business of the judge.
5.4
A judge or any immediate member of the family shall not accept a gift, bequest, factor or loan
from any one except as may be allowed by law.
5.5
5.7
A judge shall not engage in the private practice of law. Unless prohibited by the Constitution
or law, a judge may engage in the practice of any other profession provided that such practice
will not conflict or tend to conflict with judicial functions.
FINANCIAL DISCLOSURE
5.8
5.9
6.0
A judge is entitled to entertain personal views on political questions. But to avoid suspicion of
political partisanship, a judge shall not make political speeches, contribute to party funds,
publicly endorse candidates for political office or participate in other partisan political
activities.
Sec. 8 Judges shall exhibit and promote high standards of judicial conduct in order to reinforce public
confidence in the judiciary which is fundamental to the maintenance of judicial independence.
CANON 2
INTEGRITY
Integrity is essential not only to the proper discharge of the judicial office but also to the
personal demeanor of judges.
Sec. 1 Judges shall ensure that not only is their conduct above reproach, but that it is perceived to be
so in the view of a reasonable observer.
Sec. 2 Judges shall ensure that his or her conduct, both in and out of court, maintains and enhances
the confidence of the public, the legal profession and litigants in the impartiality of the judge
and of the judiciary.
Sec. 3 Judges shall, so far as is reasonable, so conduct themselves as to minimize the occasions on
which it will be necessary for them to be disqualified from hearing or deciding cases.
Sec. 4 Judges shall not knowingly, while a proceeding is before, or could come before them make
any comment that might reasonably be expected to affect the outcome of such proceeding or
impair the manifest fairness of the process. Nor shall judges make any comment in public or
otherwise that might affect the fair trial of any person or issue.
Sec. 5 Judges shall disqualify themselves from participating in any proceedings in which they are
unable to decide the matter impartially or in which it may appear to a reasonable observer that
they are unable to decide the matter impartially but are not limited to, instance where
a. The judge has actual bias or prejudice concerning a party or personal knowledge of
disputed evidentiary facts concerning the proceedings;
b. The judge previously served as a lawyer or was a material witness in the matter in
controversy;
c. The judge, or a member of his or her family, has an economic interest in the outcome of
the matter in controversy;
d. The judge served as executor, administrator, guardian, trustee or lawyer in the case or
matter in controversy, or a former associate of the judge served as counsel during their
association, or the judge or lawyer was a material witness therein;
e. The judges ruling in a lower court is the subject of review;
f. The judge is related by consanguinity or affinity to a party litigant within the sixth civil
degree or to counsel within the fourth civil degree; or
g. The judge knows that his or her spouse or child has a financial interest, as heir, legatee,
creditor, fiduciary, or otherwise, in the subject matter in controversy or in a party to the
proceeding, or any other interest that could be substantially affected by the outcome of the
proceedings;
Sec. 6
A judge disqualified as stated above may, instead of withdrawing from the proceeding,
disclose on the records the basis of disqualification. If, based on such disclosure, the parties
and lawyers independently of the judges participation, all agree in writing that the reason for
the inhibition is immaterial or unsubstantial, the judge may then participate in the proceeding.
The agreement, signed by all parties and lawyers, shall be incorporated in the record of the
proceedings.
Sec. 7 Judges shall inform themselves about their personal fiduciary financial interests and shall
make reasonable efforts to be informed about the financial interest of members of their family.
Sec. 8 Judges shall not use or lend the prestige of the judicial office to advance their private interests,
or those of a member of their family or of anyone else, nor shall they convey or permit others
to convey the impression that anyone is in a special position improperly to influence them in
the performance of judicial duties.
Sec. 9 Confidential information acquired by judges in their judicial capacity shall not be used or
disclosed by for any other purpose related to their judicial duties.
Sec. 10 Subject to the proper performance of judicial duties, judges may
(a) Write, lecture, teach and participate in activities concerning the law, the legal system, the
administration of justice or related matters;
(b) Appear at a public hearing before an official body concerned with matters relating to the
law, the legal system, the administration of justice or related matters;
(c) Engage in other activities if such activities do not detract from the dignity of the judicial
office or otherwise interfere with the performance of judicial duties.
Sec. 11 Judges shall not practice law whilst the holder of judicial office.
Sec. 12 Judges may form or join associations of judges or participate in other organizations
representing the interests of judges.
Sec. 13 Judges and members of their families shall neither ask for, nor accept, any gift, bequest, loan
or favor in relation to anything done or to be done or omitted to be done by him or her in
connection with the performance of judicial duties.
Sec. 14 Judges shall not knowingly permit court staff or others subject to their influence, direction or
authority, to ask for, or accept, any gift, bequest, loan or favor in relation to anything done or
to be done or omitted to be done in connection with their duties or functions.
Sec. 15 Subject to law and to any legal requirements of public disclosure, judges may receive a token
gift, award or benefit as appropriate to the occasion on which it is made provided that such
gift, award of benefit might not reasonably be perceived as intended to influence the judge in
the performance of judicial duties or otherwise give rise to an appearance of partiality.
CANON 5
EQUALITY
Ensuring equality of treatment to all before the courts is essential to the due performance of
the judicial office.
Sec. 1 Judges shall be aware of, and understand, diversity in society and differences arising from
various sources, including but not limited to race, color, sex, religion, national origin, caste,
disability, age, marital status, sexual orientation, social and economic status and other like
causes.
Sec. 2 Judges shall not, in the performance of judicial duties, by words or conduct, manifest bias or
prejudice towards any person or group on irrelevant grounds.
Sec. 3 Judges shall carry out judicial duties with appropriate consideration for all persons, such as the
parties witnesses, lawyers, court staff and judicial colleagues, without differentiation on any
irrelevant ground, immaterial to the proper performance of such duties.
Sec. 4 Judges shall not knowingly permit court staff or others subject to his or her influence, direction
or control to differentiate between persons concerned, in a matter before the judge, on any
irrelevant ground.
Sec. 5 Judges shall require lawyers in proceedings before the court to refrain from manifesting, by
words or conduct, bias or prejudice based on irrelevant grounds, except such as are legally
relevant to an issue in proceedings and may be the subject of legitimate advocacy.
CANON 6
COMPETENCE AND DILIGENCE
Competence and diligence are prerequisites to the due performance of judicial office.
Sec. 1 The judicial duties of a judge take precedence over all other activities.
Sec. 2 Judges shall devote their professional activity to judicial duties, which include not only the
performance of judicial functions and responsibilities in court and the making of decisions, but
also other tasks relevant to the judicial office or the courts operations.
Sec. 3 Judges shall take reasonable steps to maintain and enhance their knowledge, skills and
personal qualities necessary for the proper performance of judicial duties, taking advantage for
this purpose of the training and other facilities which should be made available, under judicial
control, to judges.
Sec. 4 Judges shall keep themselves informed about relevant developments of international law,
including international conventions and other instruments establishing human rights norms.
Sec.5. Judges shall perform all judicial duties, including the delivery of reserved decisions, efficiently,
fairly and with reasonable promptness.
Sec.6 Judges shall maintain order and decorum in all proceedings before the court and be patient,
dignified and courteous in relation to litigants, witnesses, lawyers and others with whom the
judge deals in an official capacity. Judges shall require similar conduct of legal
representatives, court staff and others subject to their influence, direction or control.
Sec.7 Judges shall not engage in conduct incompatible with the diligent discharge of judicial duties.
DEFINITIONS
In this code, unless the context otherwise permits or requires, the following meanings shall be
attributed to the words used:
Court staff includes the personal staff of the judge including law clerks.
Judge means any person exercising judicial power, however designated.
Judges family includes a judges spouse, son, daughter in-law, and any other
relative by consanguinity or affinity within the sixth civil degree, or person who is
compassion or employee of the judge and who lives in the judges household.
This Code, which shall hereafter be referred to as the New Code of Judicial Conduct for the
Philippine Judiciary, supersedes the Canons of Judicial Ethics and the Code of Judicial Conduct
heretofore applied in the Philippines to the extant that the provisions or concepts therein are embodied
in this Code: provided, however, that in case of deficiency or absence of specific provisions in this
New Code, the Canons of Judicial Ethics and the Code of Judicial Conduct shall be applicable in a
suppletory character.
This New Code of Judicial Conduct for the Philippine Judiciary shall take effect on the first
day of June 2004, following its publication not later than 15 May 2004 in two newspapers of large
circulation in the Philippines to ensure its widest publicity.
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National organization of lawyers created on January 16, 1973 under Rule 139-A, Rules of Court
and constituted on May 4, 1973 into a body corporate by P.D. No. 181.
The official national unification of the entire lawyer population of the Philippines. This
requires membership and financial support in reasonable amount of every attorney as conditions
sine qua non to the practice of law and the retention of his name in the Roll of Attorneys.
The Board of Governors shall provide the By-Laws for grievance procedure for the
enforcement and maintenance of discipline among all the members of the IBP, but no action
involving the suspension or disbarment of a member or the removal of his name from the Roll of
Attorneys shall be effective without the final approval of the SC. [Rule 139-A, Section 12, Rules
of Court]
Integrated Bar
Bar Integration
State mandated
Voluntary aggrupation of lawyers
Membership is compulsory
Membership is voluntary
Membership is sine qua non for
Not mandatory
practicing the profession
Violation of the rules on membership is
Not
sufficient cause for disbarment or
suspension of a lawyer from the practice
of law
Fundamental Purposes of the IBP
1. To elevate the standards of the legal profession
2. Improve the administrative of justice
3. Enable the Bar to discharge its public responsibilities more effectively (Sec. 2, Rule 139-A, Rules
of Court)
Other Purposes
1. Assist in the administration of justice
2. Foster and maintain on the part of its members high ideals of integrity, learning, professional
competence, public service and conduct
3. Safeguard the professional interests of its members
4. Cultivate among its members a spirit of cordiality and brotherhood
5. Provide a forum for the discussion of law, jurisprudence, law reform, pleading, practice and
procedure and the relations of the Bar to the Bench and to the public, and publish information
relating thereto
6. Encourage and foster legal education
7. Promote a continuing program of legal research in substantive and adjective law, and make reports
and recommendations thereon.
Members of the Integrated Bar
The following persons are, automatically without exception, members of the IBP:
1. All lawyers whose names were in the Roll of Attorneys of the Supreme Court on January 16,
1973;
2. All lawyers whose names were included or are entered therein after the said date
Effect Of Non-Payment Of Dues (Subject to the provisions of Sec. 22, Rules of Court)
1. Default in the payment of annual dues for six months shall warrant suspension of membership in
the Integrated Bar
2. Default in such payment for one year shall be a ground for the removal of the name of the
delinquent member from the Roll of Attorneys
Voluntary Termination, How Effected
A member may terminate his membership by filing a written notice to that effect with the
Secretary of the Integrated Bar, who shall immediately bring the matter to the attention of the
Supreme Court. (1st sentence, Sec. 11, Rule 139-A, Rules of Court)
Effect of Voluntary Termination
Upon bringing the matter of voluntary termination to the Supreme Court, the lawyer shall
cease to be a member of the Philippine Bar, and his name shall be stricken out from the Roll of
Attorneys in accordance with rules and regulations prescribed by the Supreme Court. (2nd sentence,
Rule 11, Rule 139-A, Rules of Court)
Reinstatement of Membership
A delinquent member removed for non-payment of annual dues may be reinstated after
payment of the back dues.
Retirement from Membership
1. Have attained the age of 75 years
2. By reason of physical disability or judicially adjudged mental incapacity, be unable to engage in
the practice of law, may be retired from the integrated Bar upon verified petition to the Board of
Governors.