San Beda College of Law

1
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

I. LEGAL ETHICS
PRELIMINARY MATTERS

Legal Ethics – branch of moral ESSENTIAL CRITERIA

science which treats of the duties DETERMINATIVE OF ENGAGING
which an attorney owes to the court, IN THE PRACTICE OF LAW:
to his client, to his colleagues in the (HACA)
profession and to the public. 1. Habituality- implies
- It is the embodiment of all customarily or habitually
principles of morality and refinement holding oneself out to the
that should govern the conduct of public as a lawyer
every member of the bar. 2. Compensation- implies that
one must have presented
PRIMARY CHARACTERISTICS himself to be in the active
WHICH DISTINGUISH THE LEGAL practice and that his
PROFESSION FROM BUSINESS professional services are
1. A duty of public service available to the public for
2. A relation, as an “officer of compensation, as a source of
the court”, to the his livelihood or in
administration of justice consideration of his said
involving thorough sincerity, services.
integrity and reliability 3. Application of law, legal
3. A relation to clients with the principle, practice, or
highest degree of fiduciary procedure which calls for
4. A relation to the colleagues legal knowledge, training and
at the bar characterized by experience
candor, fairness and 4. Attorney – client
unwillingness to resort to relationship
current business methods of
advertising and PRIVATE PRACTICE
encroachment on their Private practice is more than an
practice, or dealing directly isolated appearance for it consists of
with their clients. frequent or customary actions, a
succession of acts of the same kind.
PRACTICE OF LAW
 NOTE: An isolated appearance
 CASE: Any activity in or out of does not amount to practice of law
court which requires the application of a public officer if allowed by his
of law, legal principle, practice or superior in exceptional cases.
procedure and calls for legal
knowledge, training and experience. NOTE: The practice of law is not a
(Cayetano vs Monsod, 201 SCRA natural, property or constitutional
210) right but a mere privilege. It is not
Strictly speaking, the word a right granted to any one who
practice of law implies the demands it but a privilege to be
customary or habitual holding of extended or withheld in the exercise
oneself to the public as a lawyer and of sound judicial discretion. It is in
demanding compensation for his the nature of a franchise conferred
services. [People vs. Villanueva 14 only for merit which must be earned
SCRA 111] by hard study, learning and good
conduct. It is a privilege accorded
only to those who measure up to

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
2 2005 CENTRALIZED BAR OPERATIONS

certain rigid standards of mental The power of the SC to regulate

and moral fitness. Those standards the practice of law includes the
are neither dispensed with nor authority to:
lowered after admission. The 1. Define the term
attorney’s continued enjoyment of 2. Prescribe the qualifications of
the privilege conferred depends a candidate to and the
upon his complying with the ethics subjects of the bar
and rules of 333the profession. examinations
But practice of law is in the 3. Decide who will be admitted
nature of a right. While the to practice
practice of law is a privilege, a 4. Discipline, suspend or disbar
lawyer cannot be prevented from any unfit and unworthy
practicing law except for valid member of the bar
reasons, the practice of law not 5. Reinstate any disbarred or
being a matter of state’s grace or indefinitely suspended
favor. He holds office during good attorney
behavior and can only be deprived 6. Ordain the integration of the
of it for misconduct ascertained and Philippine Bar
declared by judgment of the 7. Punish for contempt any
Supreme Court after opportunity to person for unauthorized
be heard has been afforded him. The practice of law
state cannot exclude an attorney 8. Exercise overall supervision
from the practice of law in a manner of the legal profession
or for reasons that contravene the 9. Exercise any other power as
due process or equal protection may be necessary to elevate
clause of the Constitution. the standards of the bar and
preserve its integrity.
POWER TO REGULATE THE
PRACTICE OF LAW On the other hand, the
LEGISLATURE, in the exercise of its
 CASES: The Constitution [Art. POLICE POWER may, however, enact
VIII, Sec. 5(5)] vests this power of laws regulating the practice of law to
control and regulation in the protect the public and promote the
Supreme Court. The constitutional public welfare. But the legislature
power to admit candidates to the MAY NOT pass a law that will control
legal profession is a judicial function the SC in the performance of its
and involves the exercise of function to decide who may enjoy
discretion. Petition to that end is the privilege of practicing law and
filed with the Supreme Court as are any law of that kind is
other proceedings invoking judicial unconstitutional as an invalid
function [In re: Almacen 31 SCRA exercise of legislative power.
562]
The SC acts through a Bar
Examination Committee in the WHO MAY PRACTICE LAW?
exercise of its judicial function to
admit candidates to the legal Any person heretofore duly
profession. Thus, the Committee is admitted as a member of the bar, or
composed of a member of the Court hereafter admitted as such in
who acts as Chairman and 8 accordance with the provisions of
members of the bar who acts as this rule, and who is in good and
examiners in the 8 bar subjects with regular standing, is entitled to
one subject assigned to each. [In re practice law. [Sec. 1, Rule 138]
Lanuevo, 66 SCRA 245]

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
3
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

REQUIREMENTS BEFORE A 4. Resident of the Philippines;

CANDIDATE CAN ENGAGE IN 5. Must produce before the SC
THE PRACTICE OF LAW satisfactory evidence of good
I. He must have been admitted to moral character;
the Bar 6. No charges against him,
a. Furnishing satisfactory proof involving moral turpitude,
of educational, moral and have been filed or are
other qualification; pending in any court in the
b. Passing the bar Phil. [Sec. 2, Rule 138];
c. Taking the Lawyer’s Oath 7. Must have complied with the
before the SC academic requirements;
A lawyer’s oath signifies 8. Pass the bar examinations.
that the lawyer in taking such
an oath accepts and affirms Moral Turpitude – imports an act
his ethical obligations in the of baseness, vileness or depravity in
performance of his duties as the duties which one person owes to
a lawyer and signifies another or to society in general
likewise his awareness of his which is contrary to the usually
responsibilities that he accepted and customary rule of right
assumes by his admission to and duty which a person should
the legal profession. follow.
d. Signing the Attorney’s Roll
and receiving from the Clerk ACADEMIC REQUIREMENTS
of Court of the SC a FOR THE CANDIDATES
Certificate of the license to 1. Must have already earned a
practice Bachelor’s Degree in Arts or
II. After his admission to the bar, a Sciences (Pre-law)
lawyer must remain in good and 2. Law Course – completed
regular standing, which is a courses in Civil Law,
continuing requirement for the Commercial Law, Remedial
practice of law. He must: Law, Criminal Law, Public and
a. Remain a member of the IBP International Law, Political
(membership therein by Law, Labor and Social
every attorney is made Legislation, Medical
compulsory); Jurisprudence, Taxation,
b. Regularly pay all IBP Legal Ethics. [Sec. 5 and 6,
membership dues and other Rule 138]
lawful assessments, as well
as the annual privilege tax;
c. Faithfully observe the rules APPEARANCE OF NON-
and ethics of the legal LAWYER IN COURT
profession; and
d. Be continually subject to MAY A NON-LAWYER APPEAR IN
judicial disciplinary control. COURT?
General Rule: Only those who are
licensed to practice law can appear
BASIC REQUIREMENTS FOR and handle cases in court.
ADMISSION TO THE BAR
Under Section 2, 5 and 6, Rule 138, Exceptions:
the applicant must be: 1. Before the MTC - a party may
1. Citizen of the Philippines; conduct his case or litigation in
2. At least 21 years of age; person with the aid of an
3. Of good moral character; agent or friend appointed by
(Note: This is a continuing him. [Sec. 34, Rule 138]
requirement.)
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
4 2005 CENTRALIZED BAR OPERATIONS

2. Before any court – a party may LIMITATIONS ON APPEARANCE

conduct his litigation personally. OF NON-LAWYERS BEFORE THE
But he gets someone to aid him COURTS
and that someone must be an 1. He should confine his work to
authorized member of the Bar non-adversary contentions.
[Sec. 34, Rule 138]. He is bound He should not undertake
by the same rules in conducting purely legal work, such as the
the trial of his case. He cannot, examination or cross-
after judgment, claim that he examination of witnesses, or
was not properly represented. the presentation of evidence.
3. In a criminal case before the 2. Services should not be
MTC – in a locality where a duly habitually rendered.
licensed member of the Bar is 3. Should not charge or collect
not available, the judge may attorney’s fees. [PAFLU vs.
appoint a non-lawyer who is a Binalbagan Isabela Sugar Co.
resident of that province, of good 42 SCRA 302]
repute for probity and ability to
the accused in his defense. [Sec. RIGHT OF PARTY TO REPRESENT
7, Rule 116] HIMSELF
4. Student Practice Rule - A law Civil Cases: An individual litigant
student who has successfully has the right to conduct his litigation
completed his 3rd year of the personally.
regular 4-year prescribed law Criminal Cases: Involving grave
curriculum and is enrolled in a and less grave offenses, an accused
recognized law school’s clinical who is a layman must always appear
legal education program by counsel; he CANNOT conduct his
approved by the SC – may own defense, as his right to counsel
appear without compensation in may NOT be waived without
any civil, criminal or violating his right to due process of
administrative case before any law.
trial court, tribunal, board or By a Juridical Person: A juridical
officer, to represent indigent person must always appear in court
clients accepted by the Legal by a duly licensed member of the
Clinic of the school. [Sec. 1, Rule bar, except in the municipal trial
138-A] The student shall be court where it may be represented
under the direct supervision and by its agent or officer who need not
control of a member of the IBP be a lawyer.
duly accredited by the law
school. [Sec. 2]
5. Under the Labor Code – non- PARTNERSHIP WITH NON-
lawyers may appear before the LAWYERS VOID
NLRC or any Labor Arbiter if they In the formation of partnership
(a) represent themselves; (b) for the practice of law, no person
represent their organization or should be admitted or held out as a
members thereof [Art. 222, PD practitioner or member who is not a
442] member of the legal profession duly
6. A non-lawyer may represent a authorized to practice, and
claimant before the Cadastral amenable to professional discipline.
Court [Sec. 9, Act. No. 2259]
7. Any person appointed to appear PRACTICE BY CORPORATION
for the government of the It is well settled that a
Philippines in accordance with corporation CANNOT engage in the
law [Sec. 33, Rule 138] practice of law. It may, however,
hire an attorney to attend to and
conduct its own legal business or
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
5
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

affairs. But it cannot practice law 1. Judges and other officials or

directly or indirectly by employing a employees of the superior
lawyer to practice for it or to appear court
for others for its benefit. 2. Officials and employees of
Reasons: the Office of the Solicitor
1. Nature of the privilege and on General
the confidential and trust 3. Government Prosecutors
relation between attorney and 4. President, Vice-President,
client. members of the Cabinet,
2. A corporation cannot perform their deputies and assistants
the conditions required for 5. Chairmen and members of
membership in the bar, such as the Constitutional
the possession of good moral Commissions
character and other special 6. Ombudsman and his deputies
disqualifications, the taking of 7. Governors, city and municipal
an oath and becoming an officer mayors
of the court, subject to its 8. Those who, by special law are
discipline, suspension or prohibited from engaging in
removal. the practice of their legal
3. The relation of trust and profession
confidence cannot arise where
the attorney is employed by a PUBLIC OFFICIALS WITH
corporation to practice for it, his RESTRICTIONS IN THE PRACTICE
employer and he owing, at best, OF LAW
a secondary and divided loyalty 1. Senators and Members of the
to the clientele of his corporate House of Representatives
employer. 2. Members of the Sanggunian
4. The intervention of the 3. Retired Justice or Judge
corporation is destructive of that 4. Civil Service officers or
confidential and trust relation employees without permit
and is obnoxious to the law. from their respective
department heads [Noriega
PERSONS AUTHORIZED TO vs. Sison 125 SCRA 293]
REPRESENT THE GOVERNMENT
Any official or other person RESTRICTIONS IN THE PRACTICE
appointed or designated in OF LAW OF MEMBERS OF
accordance with law to appear for LEGISLATURE
the government of the Philippines or
any of its officials shall have all the  CASES: A lawyer-member of the
rights of a duly authorized member legislature is only prohibited from
of the bar to appear in any case in appearing as counsel before any
which the government has an court of justice, electoral tribunals or
interest, direct or indirect, or in quasi-judicial and administrative
which such official is charged in his bodies. The word “appearance”
official capacity. includes not only arguing a case
before any such body but also filing
RULES ON PUBLIC a pleading on behalf of a client as
OFFICIALS REGARDING “by simply filing a formal motion,
plea or answer”. [Ramos vs. Manalac
PRACTICE OF LAW 89 Phil 270]
Neither can he allow his
PUBLIC OFFICIALS WHO CANNOT name to appear in such pleading by
PRACTICE LAW IN THE itself or as part of a firm name under
PHILIPPINES the signature of another qualified
lawyer because the signature of an

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
6 2005 CENTRALIZED BAR OPERATIONS

agent amounts to signing of a non- a. Any civil case wherein the

qualified senator or congressman, government or any
the office of an attorney being subdivision or
originally of agency, and because he instrumentality thereof is
will, by such act, be appearing in the adverse party;
court or quasi-judicial or b. Any criminal case wherein
administrative body in violation of an officer or an employee of
the constitutional restriction. “He the government is accused
cannot do indirectly what the of an offense committed in
Constitution prohibits directly”. [In relation to his office.
re: David 93 PHIL 461] 2. Collect any fees for his
appearance in any
RESTRICTIONS IN THE PRACTICE administrative proceedings to
OF LAW OF THE MEMBERS OF maintain an interest adverse to
THE SANGGUNIAN the government, provincial or
They shall not: municipal, or to any of its legally
1. Appear as counsel before any constituted officers [Sec 1, RA
court in any civil case 910].
wherein a local government
unit or any office, agency or REMEDIES AGAINST
instrumentality of the UNAUTHORIZED PRACTICE
government is the adverse (DICED)
party; 1. Petition for Injunction
2. Appear as counsel in any 2. Declaratory Relief
criminal case wherein an 3. Contempt of Court
officer or employee of the 4. Disqualification and
national or local government complaints for disbarment
is accused of an offense 5. Criminal complaint for
committed in relation to his estafa against a person who
office; falsely represented to be an
3. Collect any fee for their attorney to the damage of a
appearance in administrative party
proceedings involving the
local government unit of
which he is an official. [Sec. PRIVILEGES AND DUTIES
90, R.A. 7160] OF A LAWYER
4. Use property and personnel
of the government except
when the Sanggunian PRIVILEGES OF AN ATTORNEY:
member concerned is 1. To practice law during good
defending the interest of the behavior before any judicial,
government quasi-judicial, or administrative
tribunal.
RESTRICTIONS IN THE PRACTICE 2. The first one to sit in judgment
OF LAW OF RETIRED on every case, to set the judicial
JUSTICE/JUDGE machinery in motion.
As a condition of the pension 3. Enjoys the presumption of
provided under R.A. 910, no retiring regularity in the discharge of his
justice or judge of a court of record duty.
or city or municipality judge during 4. He is immune, in the
the time that he is receiving said performance of his obligation to
pension shall: his client, from liability to a third
Appear as counsel before any court person insofar as he does not
in: materially depart from his
character as a quasi-judicial
officer.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
7
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

5. His statements, if relevant, 3. To Counsel and maintain the

pertinent or material to the respect due to the courts of
subject of judicial inquiry are justice and judicial officers;
absolutely privileged regardless 4. To Employ, for the purpose of
of their defamatory tenor and of maintaining the causes
the presence of malice. confided to him, such means
only as are consistent with
OTHER PRIVILEGES: truth and honor, and never
First grade civil service eligibility for seek to mislead the judge or
any position in the classified any judicial officer by an
service in the government the artifice or false statement of
duties of which require fact or law;
knowledge of law. 5. To maintain inviolate the
Second grade civil service eligibility Confidence and at every peril
for any other government to himself, to preserve the
position which does not secrets in connection with his
prescribe proficiency in law as a client and to accept no
qualification. compensation in connection
with his client’s business
FOUR-FOLD DUTIES OF A except from him or with his
LAWYER knowledge and approval;
1. Court- respect or defend 6. To Abstain from all offensive
against criticisms, uphold personality and to advance
authority and dignity, obey no fact prejudicial to the
order and processes, assist in honor and reputation of a
the administration of justice. party or witness, unless
2. Bar- candor, fairness, courtesy required by the justice of the
and truthfulness, avoid cause with which he is
encroachment in the business of charged;
other lawyers, uphold the honor 7. Not to Encourage either the
of the profession. commencement or the
3. Client- entire devotion to continuance of an action or
client’s interest. proceeding, or delay any
4. Public- should not violate his man’s cause, from any
responsibility to society, corrupt motive or interest;
exemplar for uprighteousness, 8. Never to Reject, for any
ready to render legal aid, foster consideration personal to
social reforms, guardian of due himself, the cause of the
process, aware of special role in defenseless or oppressed;
the solution of special problems 9. In the Defense of a person
and be always ready to lend accused of crime, by all fair
assistance in the study and and honorable means,
solution of social problems. regardless of his personal
opinion as to the guilt of the
SPECIFIC DUTIES OF A LAWYER accused, to present every
(SEC. 20, RULE 138) [C2A2R2E2D] defense that the law permits
1. To maintain Allegiance to the to the end that no person
Republic of the Philippines may be deprived of life or
and to support the liberty, but by due process of
Constitution and obey the law.
laws of the Philippines;
2. To observe and maintain the DUTY OF COUNSEL DE OFICIO
Respect due to the courts of A counsel de oficio is
justice and judicial officers; expected to render effective service
and to exert his best efforts on

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
8 2005 CENTRALIZED BAR OPERATIONS

behalf of an indigent accused. He A person appointed by the

has as high a duty to a poor litigant court whose duty is to attest to the
as to a paying client. He should genuineness of any deed or writing
have a bigger dose of social inorder to render them available as
conscience and a little less of self- evidence of facts stated therein and
interest. who is authorized by the statute to
administer various oaths.
ROLE OF PRIVATE PROSECUTOR
A private prosecutor may
intervene in the prosecution of a A.M. No. 02-8-13-SC: Rules on
criminal action when the offended Notarial Practice of 2004
party is entitled to indemnity and (August 1, 2004)
has not waived expressly, reserved
or instituted the civil action for QUALIFICATIONS OF A NOTARY
damages. He may prosecute the PUBLIC
accused up to the end of the trial 1. Must be citizen of the
even in the absence of the public Philippines
prosecutor if authorized by the chief 2. Must be over twenty-one (21)
of the prosecution office or the years of age
Regional State Prosecutor subject to 3. Must be a resident in the
the approval of the court (Sec. 5, Philippines for at least one
Rule 110; Rules of Court dated May (1) year and maintains a
1, 2002). regular place of work or
business in the city or
province where the
commission is to be issued
THE LAWYER’S OATH 4. Must be a member of the
Philippine Bar in good
I, ____________, do solemnly standing with clearances
swear that I will maintain allegiance from the Office of the Bar
to the Republic of the Philippines; I Confidant of the Supreme
will support its Constitution and Court and the Integrated Bar
obey the laws as well as the legal of the Philippines
orders of the duly constituted 5. Must not have been
authorities therein; I will do no convicted in the first instance
falsehood, nor consent to the doing of any crime involving moral
of any in court; I will not wittingly or turpitude (Rule III, Section 1)
willingly promote or sue any
groundless, false or unlawful suit, JURISDICTION AND TERM
nor give aid nor consent to the A notary public may perform
same; I will delay no man for money notarial acts in any place within
or malice and will conduct myself as the territorial jurisdiction of the
a lawyer according to the best of my commissioning court for a period
knowledge and discretion with all of two (2) years commencing on
good fidelity as well to the courts as the 1st day of January of the year
to my clients; and I impose upon in which the commissioning is
myself this voluntary obligation made UNLESS earlier revoked or
without any mental reservation or the notary public has resigned
purpose of evasion. So help me according to these Rules and the
God. Rules of Court (Rule III, Section
11).

NOTARY PUBLIC POWERS AND LIMITATIONS OF

NOTARIES PUBLIC
POWERS
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
9
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

 A notary public is unaffected witnesses to

empowered to do the following the instrument or
acts: (JAOSAC) document;
1. Acknowledgments; 3. Both witnesses sign their
2. Oaths and affirmations; own names;
3. Jurats; 4. The notary public writes
4. Signature witnessings; below his signature:
5. Copy certifications; and “Signature affixed by
6. Any other act authorized notary in the presence of
by these Rules. (names and addresses of
 A notary public is person and two (2)
authorized to certify the affixing witnesses)”, and
of a signature by thumb or other 5. The notary public
mark on an instrument or notarizes his signature by
document presented for acknowledgment or jurat
notarization if: (Rule IV, Section 1).
1. The thumb or other mark
is affixed in the presence PROHIBITIONS
of the notary public and General Rule: A notary public shall
of two (2) disinterested not perform a notarial act outside
and unaffected witnesses his regular place of work or
to the instrument or business.
document; Exceptions: A notarial act may be
2. Both witnesses sign their performed at the request of the
own names in addition to parties in the following sites located
the thumb or other mark; within his territorial jurisdiction:
3. The notary public writes a. Public offices, convention
below the thumb or other halls and similar places
mark: “Thumb or Other where oaths of office may be
Mark affixed by (name of administered;
signatory by mark) in the b. Public function areas in
presence of (names and hotels and similar places for
addresses of witnesses) the signing of instruments or
and undersigned notary documents requiring
public”, and notarization;
4. The notary public c. Hospitals and medical
notarizes the signature by institutions where a party to
thumb or other mark the instrument or document
through an is confined for treatment; and
acknowledgment, jurat or d. Any place where a party to
signature witnessing. the instrument or document
 A notary public is requiring notarization is
authorized to sign on behalf of a under detention.
person who is physically unable
to sign or make a mark on an  A person shall
instrument or document if: not perform a notarial act if:
1. The notary public is 1. the person involved as
directed by the person signatory to the
unable to sign or make a instrument or document-
mark to sign on his a. Is not in the notary’s
behalf; presence at the time
2. The signature of the of the notarization;
notary public is affixed in and
the presence of two (2) b. Is not personally
disinterested and known to the notary

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
10 2005 CENTRALIZED BAR OPERATIONS

public or otherwise 3) If in the notary’s

identified by the judgment, the signatory is
notary public through not acting in his/her own free
competent evidence will (Rule IV, Section 4).
of identity as defined 4) If the document or
by these Rules (Rule instrument to be notarized is
IV, Section 2). considered as an improper
2. the certificate containing document by these Rules.
an information known or
believed to be false; and NOTE: A blank or incomplete
3. he shall not affix an instrument or document OR an
official signature or seal instrument or document without
on a notarial certificate appropriate notarial certification is
that is incomplete (Rule considered an Improper
IV, Section 5). Instrument/Document (Rule IV,
Section 6).
DISQUALIFICATIONS
A notary public is disqualified from NOTARIAL CERTIFICATES
performing a notarial if he: Contents of the Concluding part of
1) Is a party to the instrument the Notarial Certificate:
or document; 1) The name of the notary
2) Will receive, as a direct or public as exactly indicated in
indirect result any the commission;
commission, fee, advantage, 2) The serial number of the
right, title, interest, cash, commission of the notary
property, or other public;
consideration, except as 3) The words “Notary Public”
provided that is to be and the province or city
notarized; where the notary public is
3) Is a spouse, common-law commissioned, the expiration
partner, ancestor, date of the commission and
descendant, or relative by the office address of the
affinity or consanguinity of notary public; and
the principal within the fourth 4) The Roll of Attorneys’
civil degree (Rule IV, Section number, the Professional Tax
3). Receipt number and the
place and date of issuance
When notary public may refuse thereof and the IBP
to notarize even if appropriate Membership number (Rule
fee is tendered: VIII, Section 2).
1) When the notary knows or
has good reason to believe REVOCATION OF COMMISSION
that the notarial act or The Executive Judge shall revoke
transaction is unlawful or a commission for any ground on
immoral. which an application for a
2) When the signatory commission may be denied.
shows a demeanor which In addition, the Executive Judge
engenders in the mind of the may revoke the commission of or
notary public reasonable impose sanctions upon any notary
doubt as to the former’s public who:
knowledge of the 1) Fails to keep a notarial
consequences of the register;
transaction requiring a 2) Fails to make the
notarial act. appropriate entry or entries

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
11
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

in his notarial register commit official misconduct

concerning his notarial acts; (Rule XII, Section 1).
3) Fails to send the copy of
the entries to the Executive
Judge within the first ten (10) TERMS TO REMEMBER
days of the month following;
4) Fails to affix to Amicus Curiae- is an experienced
acknowledgments the date of and impartial attorney invited
expiration of his commission; by the court to appear and help
5) Fails to submit his in the disposition of the issues
notarial register, when filled, submitted to it. It implies
to the Executive Judge; friendly intervention of counsel
6) Fails to make his report, to call the attention of the court
within a reasonable time, to to some matters of law or facts
the Executive Judge which might otherwise escape
concerning the performance its notice and in regard to which
of his duties, as may be it might go wrong. An amicus
required by the Judge; curiae appears in court not to
7) Fails to require the represent any particular party
presence of the principal at but only to assist the court.
the time of the notarial act;
8) Fails to identify a Amicus Curiae par excellence –
principal on the basis of bar associations who appear in
personal knowledge or court as amici curiae or friends
competent evidence; of the court. Acts merely as a
9) Executes a false or consultant to guide the court in
incomplete certificate under a doubtful question or issue
Section 5, Rule IV; pending before it.
10) Knowingly performs or
fails to perform any other act Attorney ad hoc- a person named
prohibited or mandated by appointed by the court to
these Rules; and defend an absentee defendant
11) Commits any other in the suit in which the
dereliction or act which in the appointment is made.
judgment of the Executive
Judge constitutes good cause Attorneys-At-Law – that class of
for the revocation of the persons who are licensed
commission or imposition of officers of the courts
administrative sanction (Rule empowered to appear,
XI, Section 1). prosecute and defend, and upon
whom peculiar duties,
PUNISHABLE ACTS responsibilities and liabilities are
The Executive Judge shall cause developed by law as a
the prosecution of any person who: consequence.
1) Knowingly acts or
otherwise impersonates a Attorney in fact- simply an agent
notary public; whose authority is strictly
2) Knowingly obtains, limited by the instrument
conceals, defaces, or appointing him. His authority is
destroys the seal, notarial provided in a special power of
register, or official records of attorney or general power of
a notary public; and attorney or letter of attorney.
3) Knowingly solicits, He is not necessarily a lawyer.
coerces, or in any way
influences a notary public to

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
12 2005 CENTRALIZED BAR OPERATIONS

Attorney of record- the attorney House Counsel – one who acts as

whose name is entered in the attorney for business though
records of an action or suit as the carried as an employee of that
lawyer of a designated party business and not as an
thereto. independent lawyer.

Bar and Bench – “Bar” refers to the Lawyer – this is the general term
whole body of attorneys and for a person trained in the law
counselors collectively, the and authorized to advice and
members of the legal represent others in legal
profession: “Bench” denotes matters
the whole body of judges.
Bar Association – an association of Lead Counsel – the counsel on
members of the legal profession either side of a litigated action
like the IBP where membership who is charged with the
is integrated or compulsory. principal management and
direction of a party’s case, as
Client – one who engages the distinguished from his juniors or
services of a lawyer for legal subordinates.
advice or for purposes of
prosecuting or defending a suit Of Counsel – an experienced
in behalf and usually for a fee. lawyer, usually a retired
member of the judiciary,
Counsel/Attorney de oficio – an employed by law firms as
attorney appointed by the court to consultants.
defend an indigent defendant in a
criminal action. Practicing Lawyer – one engaged
In a criminal action, if the in the practice of law who by
defendant appears without an license are officers of the court
attorney, he must be informed and who are empowered to
by the court that it is his right to appear, prosecute and defend a
have an attorney before being client’s cause.
arraigned and must be asked if
he desires the aid of an Pro Se - an appearance by a lawyer
attorney. If he desires and is in his own behalf.
unable to employ an attorney,
the court must assign a counsel Trial Lawyer – one who personally
de oficio to defend him. He is handles cases in court,
also designated as counsel of administrative agencies of
indigent litigants. The boards which means engaging
appointment of a counsel de in actual trial work, either for
oficio in that instance is a the prosecution or for the
matter of right on the part of defense of cases of clients.
the defendant.
On appeal in a criminal case, II .THE CANONS
the appellate court must also
appoint a counsel de oficio if, as
OF
shown by the certificate of the
clerk of court of the trial court, a
PROFESSIONAL
defendant (a) is confined in RESPONSIBILITY
prison, (b) without means to
employ an attorney, (c) desires
to be defended de oficio. Chapter I: The Lawyer and
Society
CANON -
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
13
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

1. Uphold the Constitution 13. Rely upon the merits of

and obey the laws of the his cause, refrain from
land any impropriety which
2. Make legal services tends to influence courts,
available in an efficient or give the appearance of
and convenient manner influencing the court
3. Use of true, honest, fair, Chapter IV: The Lawyer and the
dignified and objective Client
information in making CANON -
known legal services 14. Not to refuse his services
4. Participate in the to the needy
improvement of the legal 15. Observe candor, fairness
system and loyalty in all his
5. Keep abreast of legal dealings and transactions
development and with clients
participate in continuing 16. Hold in trust all the
legal education program moneys and property of
and assist in his client that may come
disseminating information to his possession
regarding the law and 17. Owes fidelity to clients
jurisprudence cause and be mindful of
6. Applicability of the CPR to the trust and confidence
lawyers in the reposed in him
government service 18. Serve client with
competence and
Chapter II: The Lawyer and the diligence
Legal Profession 19. Represent client with zeal
CANON - and within the bounds of
7. At all times uphold the law
integrity and dignity of 20. Charge only fair and
the Profession and reasonable fees
support the activities of 21. Preserve the confidence
the IBP and secrets of client even
8. Conduct himself with after the atty.-client
courtesy, fairness and relation is terminated
candor toward his 22. Withdraw services only
colleagues and avoid for good cause and upon
harassing tactics notice
9. Not to directly or
indirectly assist in the
unauthorized practice of LAWYER’S DUTIES TO
law SOCIETY
Chapter III: The Lawyer and the CANON 1: UPHOLD THE
Courts CONSTITUTION AND OBEY THE
CANON - LAWS OF THE LAND
10. Owes candor, fairness
and good faith to the DISCOURAGING LAW SUITS
court Under Rule 1.03, a lawyer shall
11. Observe and maintain the not for any corrupt motive or
respect due courts and interest, encourage any suit or
judicial officers proceeding or delay any man’s
12. Duty to assist in the cause.
speedy and efficient CRIME OF MAINTENANCE – A
administration of justice lawyer owes to society and to the
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
14 2005 CENTRALIZED BAR OPERATIONS

court the duty not to stir up homes of the afflicted, officiously

litigation. The following are intruding their presence and
unprofessional acts within the persistently offering his service on
prohibition: the basis of a contingent.
1. Volunteering advice to bring
lawsuit except where ties of Ambulance chasing has spawned
blood, relationship, and trust recognized evils such as: (FSMD)
make it a duty to do so. 1. Fomenting of litigation with
2. Hunting up defects in titles or resulting burdens on the
other causes of action and courts and the public.
informing thereof to be 2. Subornation of perjury.
employed to bring suit or 3. Mulcting of innocent persons
collect judgment, or to breed by judgments, upon
litigation by seeking out manufactured causes of
claims for personal injuries or action.
any other grounds to secure 4. Defrauding of injured persons
them as clients. having proper causes of
3. Employing agents or runners action but ignorant of legal
for like purposes. rights and court procedures
4. Paying direct or indirect by means of contracts which
reward to those who bring or retain exorbitant percentages
influence the bringing of such of recovery and illegal
cases to his office. charges for court costs and
5. Searching for unknown heirs expenses and by settlement
and soliciting their made for quick returns of
employment. fees and against the just
6. Initiating a meeting of a club rights of the injured persons.
and inducing them to
organize and contest CANON 2: MAKING AVAILABLE
legislation under his EFFICIENT LEGAL SERVICE
guidance. A lawyer shall not reject,
7. Purchasing notes to collect except for valid reasons, the cause
them by litigation at a profit. of the defenseless or the oppressed.
(Rule 2.01)
A lawyer shall refrain from Even if the lawyer does not
committing barratry and ambulance accept a case, he shall not refuse to
chasing of cases. render legal advice to the person
concerned if only to the extent
Barratry – offense of frequently necessary to safeguard the latter’s
inciting and stirring up quarrels and rights. (Rule 2.02)
suits. The lawyer’s act of fomenting
suits among individuals and offering CANON 3: USE OF TRUE,
his legal services to one of them HONEST, FAIR AND OBJECTIVE
INFORMATION IN MAKING
Ambulance Chasing – a lawyer’s KNOWN LEGAL SERVICES
act of chasing the victims of an
accident for the purpose of talking to ADVERTISING AND
the same victim or the latter’s SOLICITATION
relatives and offering his legal General Rule: A lawyer cannot
services for the filing of the case advertise his talent, as he is a
against the person who caused the member of an honorable profession
accident. whose primary purpose is to render
public service and help secure
Ambulance Chaser – is a lawyer justice and in which the
who haunts hospitals and visits the remuneration is a mere incident.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
15
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

It is highly unethical for an the act malpractice [Rule 138, sec.

attorney to advertise his talents or 27, Rules of Court]. The rule
skill as a merchant advertises his prohibits professional touting.
wares. [In re: Tagorda 53 Phil 42] Neither shall a lawyer “charge rates
lower than those customarily
Exceptions: prescribed unless the circumstances
1. Writing legal articles so warrant.”
2. Engaging in business or
other occupations except USE OF LAW FIRM NAME
when such could be deemed 1. In the choice of a firm name, no
improper, be seen as indirect false, misleading or assumed name
solicitation or would be the shall be used. The continued use of
equivalent of law practice. the name of a deceased partner is
3. Law lists, but only brief permissible provided that the firm
biographical and informative indicates in all its communications
data that said partner is deceased. [Rule
4. Ordinary, professional 3.02, Code of Professional
cards Responsibility]. Hence, the rule
5. Notice to other local abandoned the doctrine laid down in
lawyers and publishing in a the case of In re: Sycip, 92 SCRA 1
legal journal of one’s (1979).
availability to act as an Reason: All of the partners by their
associate for them joined efforts over a period of years
6. The proffer of free legal contributed to the goodwill attached
services to the indigent, even to the firm name, and this goodwill
when broadcasted over the is disturbed by a change in firm
radio or tendered through name every time a partner dies.
circulation of printed matter
to the general public. 2. Where a partner accepts public
7. Seeking a public office, office, he shall withdraw from the
which can only be held by a firm and his name shall be dropped
lawyer or, in a dignified from the firm name unless the law
manner, a position as a full allows him to practice concurrently.
time corporate counsel. [Rule 3.02, Code of Professional
8. Simple announcement of Responsibility].
the opening of a law firm or
of changes in the 3. Filipino lawyers cannot practice
partnership, associates, firm law under the name of a foreign law
name or office address, being firm, as the latter cannot practice
for the convenience of the law in the Philippines and the use of
profession. the foreign law firm in the country is
9. Listing in a phone unethical. (Dacanay vs. Baker &
directory, but not under a McKenzie, G.R. Adm. Case No. 2131)
designation of a special
branch of law. CANON 4: PARTICIPATE IN THE
10. Activity of an association IMPROVEMENT OF THE LEGAL
for the purpose of legal SYSTEM
representation. Examples:
1. Presenting position papers or
Solicitation of Cases Constitutes resolutions for the
Malpractice introduction of pertinent bills
The law prohibits lawyers in Congress;
from soliciting cases for the purpose 2. Petitions with the SC for the
of gain, either personally or through amendment of the Rules of
paid agents or brokers and makes Court.

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
16 2005 CENTRALIZED BAR OPERATIONS

g. 6 hours – such other

CANON 5: KEEP ABREAST OF subjects as may be
LEGAL DEVELOPMENTS AND prescribed by the Committee
PARTICIPATE IN CONTINUING on MCLE
LEGAL EDUCATION PROGRAM
Parties Exempted from the MCLE
1. The President, Vice-President,
THREE-FOLD OBLIGATIONS OF A and the Secretaries and
LAWYER: Undersecretaries of
1. He owes it to himself to executive departments;
continue improving his 2. Senators and Members of the
knowledge of the law. House of Representatives;
2. He owes it to his profession 3. The Chief Justice and
to take an active interest in Associate Justices of the SC,
the maintenance of high incumbent and retired
standards of legal education. justices of the judiciary,
3. He owes it to the lay public to incumbent members of the
make the law a part of their Judicial and Bar Council and
social consciousness. incumbent court lawyers
covered by the Philippine
Judicial Academy Program of
Bar Matter 850: MANDATORY continuing legal education;
CONTINUING LEGAL EDUCATION 4. The Chief State Counsel,
(MCLE) Chief State Prosecutor and
(Adopting the Rules on the Continuing Assistant Secretaries of the
Legal Education for Members of the Department of Justice;
Integrated Bar of the Philippines) 5. The Solicitor-General and the
August 8, 2000 Assistant Solicitor-General;
Purpose: To ensure that throughout 6. The Government Corporate
their career, they keep abreast with Counsel, Deputy and
law and jurisprudence, maintain the Assistant Government
ethics of the profession and enhance Corporate Counsel;
the standards of the practice of law. 7. The Chairman and Members
of the Constitutional
Requirements of Completion of Commissions;
MCLE 8. The Ombudsman, the Overall
Members of the IBP, unless Deputy Ombudsman, the
exempted under Rule 7, shall Deputy Ombudsman and the
complete every three (3) years at Special Prosecutor of the
least 36 hours of continuing legal Office of the Ombudsman;
education activities. The 36 hours 9. Heads of government
shall be divided as follows: agencies exercising quasi-
a. 6 hours – legal Ethics judicial functions;
b. 4 hours – trial and 10. Incumbent deans, bar
pretrial skills reviewers and professors of
c. 5 hours – alternative law who have teaching
dispute resolution experience for at least 10
d. 9 hours – updates on years in accredited law
substantive and procedural schools;
laws and jurisprudence 11. The Chancellor, Vice-
e. 4 hours – writing and Chancellor and members of
oral advocacy the Corps of Professional
f. 2 hours – international Lecturers of the Philippine
law and international Judicial Academy; and
conventions 12. Governors and Mayors
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
17
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

1. Own, control, manage or

Other Exempted Parties accept employment as
1. Those who are not in law officer, employee, consultant,
practice, private or public counsel, broker, agent,
2. Those who have retired from trustee or nominee in any
law practice with the private enterprise regulated,
approval of the IBP Board of supervised or licensed by
Governors their office unless expressly
allowed by law
Good Cause for Exemption from 2. Engage in the private
or modification of requirement practice of their profession
A member may file a unless authorized by the
verified request setting forth good constitution or law, provided
cause for exemption (such as that such practice will not
physical disability, illness, post- conflict or tend to conflict
graduate study abroad, proven with their official functions.
expertise in law) from compliance 3. Recommend any person to
with or modification of any of the any position in a private
requirements, including an enterprise which has a
extension of time for compliance, in regular or pending official
accordance with procedure to be transaction with their office
established by the committee on 4. Use or divulge confidential or
MCLE. classified information
officially known to them by
Proof of exemption: Applications reason of their office and not
for exemption from or modification available to the public.
of the MCLE requirement shall be
under oath and supported by Restrictions Against Former
documents. Official from Accepting Certain
Employment
Consequences of Non- A lawyer shall NOT, after leaving
Compliance the government service, accept
1. A member who fails to engagement or employment in
comply with the connection with any matter in which
requirements after the 60- he had intervened while in said
day period shall be listed as service. [Rule 6.03, Code of
delinquent member by the Professional Responsibility]
IBP Board of Governors upon Section 7 (b), RA 6713 prohibits
recommendation of the any former public official or
Committee on MCLE. employee for a period of one year
2. The listing as a delinquent after retirement or separation from
member is administrative in office to practice his profession in
nature but shall be made connection with any other matter
with notice and hearing by before the office he used to be with.
the Committee on MCLE.

CANON 6: APPLICABILITY OF THE THE LAWYER AND THE

CPR TO LAWYERS IN THE
GOVERNMENT SERVICE
LEGAL PROFESSION

Restriction Against Using Public CANON 7: UPHOLD THE

Office to Promote Private INTEGRITY AND DIGNITY OF THE
Interest PROFESSION AND SUPPORT THE
Public officials and employees ACTIVITIES OF THE IBP
during their incumbency shall NOT: A lawyer shall be answerable
for knowingly making a false
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
18 2005 CENTRALIZED BAR OPERATIONS

statement or suppressing a material the incompetence or dishonesty of

fact, in connection with his those unlicensed to practice law and
application for admission to the bar. not subject to the disciplinary
(Rule 7.01) control of the court.
A lawyer shall not, whether in 1. A lawyer is prohibited from
public or private life, behave in a allowing an intermediary to
scandalous manner to the discredit intervene in the performance
of the legal profession. (Rule 7.03) of his professional obligation.
2. A lawyer cannot delegate to
 CASE: Counsel’s act of filing any unqualified person the
multiple complaints against herein performance of any task
complainant’s reflects on his fitness which by law may only be
to be a member of the legal performed by a member of
profession. His act evinces the Bar in good standing.
vindictiveness, a decidedly 3. A lawyer cannot divide or
undesirable trait whether in a lawyer stipulate a fee for legal
or another individual, as services with a person not
complainants were instrumental in licensed to practice law.
respondent’s dismissal from the
judiciary. (Saburnido vs. Madrono, Exceptions:
366 SCRA 1, September 26, 2001) 1. Where there is a pre-
existing agreement with a
CANON 8: COURTESY, FAIRNESS partner or associate that,
AND CANDOR TOWARD HIS upon the latter’s death,
COLLEAGUES AND AVOID money shall be paid over a
HARASSING TACTICS reasonable period of time to
A lawyer shall not, in his his estate or to persons
professional dealings, use language specified in the agreement;
which is abusive, offensive or 2. Where a lawyer
otherwise improper. (Rule 8.01) undertakes to complete
 CASE: Although aware that the unfinished legal business of a
plaintiff students were represented deceased lawyer;
by counsel, respondent attorney, 3. Where a lawyer or law
counsel for the defendants firm includes non-lawyer
proceeded, nonetheless, to employees in a retirement
negotiate with them and their plan, even if the plan is
parents without at the very least based in whole or in part on a
communicating the matter to their profit-sharing arrangement.
lawyer. This failure of respondent is
an inexcusable violation of the
canons of professional ethics and in LAWYER’S DUTIES TO
utter disregard of a duty owing to a COURTS
colleague. (Camacho vs.
Pangulayan, 328 SCRA 631, March
22, 2000) CANON 10: CANDOR, FAIRNESS
AND GOOD FAITH TO COURTS
CANON 9: PREVENTING A lawyer shall NOT do any
UNAUTHORIZED PRACTICE OF falsehood, nor consent to the doing
LAW of any in court; nor shall be misled,
Public policy requires that the or allow the court to be misled by
practice of law be limited to those any artifice. (Rule 10.01)
individuals found duly qualified in
education and character. REQUIREMENTS OF CANDOR:
Purpose: To protect the public, the 1. A lawyer shall not suppress
court, the client and the bar from material and vital facts which

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
19
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

bear on the merit or lack of merit but respectful as befitting an

of complaint or petition; advocate and in keeping with the
2. A lawyer shall volunteer to the dignity of the legal profession.
court any development of the
case which has rendered the RIGHT AND DUTY OF LAWYER TO
issue raised moot and academic; CRITICIZE COURTS
3. Disclose to court any decision The fact that a person is a
adverse to his position of which lawyer does not deprive him of the
opposing counsel is apparently right, enjoyed by every citizen, to
ignorant and which court should comment on and criticize the
consider in deciding a case; actuations of a judge.
4. He shall not represent himself as However, what he can
lawyer for a client, appear for ordinarily say against a concluded
client in court and present litigation and the manner the judge
pleadings, only to claim later handed down the decision therein
that he was not authorized to do may NOT generally be said to a
so. pending action. The court, in a
Note: A lawyer is not an umpire but pending litigation, must be shielded
an advocate. He is not obliged to from embarrassment or influence in
refrain from making every proper its all important duty of deciding the
argument in support of any legal case. On the other hand, once a
point because he is not convinced of litigation is concluded the judge who
its inherent soundness. Neither is decided it is subject to the same
he obliged to suggest arguments criticism as any other public official
against his position. because then his ruling becomes
public property and is thrown open
A lawyer shall NOT knowingly to public consumption.
misquote or misrepresent the But it is the cardinal
contents of a paper, the language or condition of all such criticism that it
the argument of opposing counsel, shall be bona fide, and shall not spill
or the text of a decision or authority, over the walls of decency and
or knowingly cite as a law a propriety.
provision already rendered
inoperative by repeal or CANON 12: ASSISTING IN
amendment, or assert as a fact that SPEEDY AND EFFICIENT
which has not been proved. (Rule ADMINISTRATION OF JUSTICE
10.02) A lawyer shall NOT appear
A lawyer shall observe the for trial unless he has adequately
rules of procedure and shall NOT prepared himself on the law and the
misuse them to defeat the ends of facts of his case, the evidence he
justice. (Rule 10.03) will adduce and the order of its
presentation. He should also be
CANON 11: OBSERVANCE OF ready with the original documents
RESPECT DUE THE COURTS for comparison with the copies.
A lawyer shall observe and [Rule 12.01 Code of Professional
maintain the respect due to the Responsibility]
courts and to judicial officers and
should insist on similar conduct by A lawyer shall NOT unduly
others. delay a case, impede the execution
A lawyer should show respect of judgment or misuse court
due the court and judicial officer by processes. [Rule 12.04, Code of
appearing during the trial of a case Professional Responsibility]
punctually and in proper attire.
A lawyer’s language should  CASE: The Court further
be forceful but dignified, emphatic commented that it is

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
20 2005 CENTRALIZED BAR OPERATIONS

understandable for a party in the and his lawyer with the filing
situation to make full use of every of multiple petitions or
conceivable legal defense the law complaints to ensure
allows it. In the appraisal, however, favorable action shall
of such attempts to evade liability to constitute direct contempt of
which a party should respond, it court;
must ever be kept in mind that 3. The submission of a fake
procedural rules are intended as an certification under par. 2 of
aid to justice, not as means for its the Circular shall likewise
frustration. Technicalities should constitute contempt of court,
give way to the realities of the without prejudice to the filing
situation. (Economic Insurance Co., of a criminal action against
Inc. vs. Uy Realty Co.) the guilty party. The lawyer
may also be subjected to
The duty of a lawyer to assist disciplinary proceedings.
in the speedy and efficient
administration of justice includes the CANON 13: AVOIDING
duty to refrain from talking to his IMPROPRIETY THAT TENDS TO
witness during a break or recess in INFLUENCE THE COURT
the trial while the witness is still A lawyer shall rely upon the
under examination. merits of his cause and refrain from
any impropriety which tends to
FORUM SHOPPING - the act of influence, or gives the appearance
filing repetitious suits in different of influencing the court.
courts. It is committed through the A lawyer shall not extend
following: extraordinary attention or hospitality
1. Going from one court to to, nor seek opportunity for
another in the hope of cultivating familiarity with judges
securing a favorable relief in [Rule 13.01, Code of Professional
one court, which another Responsibility]
court has denied. A lawyer shall not make
2. Filing repetitious suits or public statements in the media
proceedings in different regarding a pending case tending to
courts concerning the same arouse public opinion for or against
subject matter after one a party. [Rule 13.02, Code of
court has decided the suit Professional Responsibility]
with finality. A lawyer shall not brook nor invite
3. Filing a similar case in a interference by another branch or agency of
judicial court after receiving the government in the normal course of
an unfavorable judgment judicial proceedings. [Rule 13.03 Code of
from an administrative Professional Responsibility]
tribunal.

Forum shopping is prohibited

by Supreme Court Circular No.
ATTORNEY-CLIENT
28-91, and the corresponding RELATIONSHIP
penalties for violation thereof are as
follows: NATURE OF RELATION
1. Any violation of this circular 1. strictly personal;
shall be a cause for the 2. highly confidential and
summary dismissal of the fiduciary
multiple petition or
complaint; GENERAL RULES PROTECTING
2. Any willful and deliberate ATTORNEY-CLIENT
forum shopping by any party RELATIONSHIPS

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
21
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

1. Best efforts must be exerted essential element in the

by the attorney to protect his employment of an attorney; the
client’s interest; contract may be express or implied.
2. The attorney must promptly
account for any fund or ADVANTAGES OF A WRITTEN
property entrusted by or CONTRACT BETWEEN THE
received for his client; LAWYER AND THE CLIENT:
3. An attorney cannot purchase 1. It is conclusive as to the
his client’s property or amount of compensation.
interest in litigation; 2. In case of unjustified
4. The privacy of dismissal of an attorney, he
communications shall at all shall be entitled to recover
times be upheld; from the client full
5. An attorney cannot represent compensation stipulated in
a party whose interest is the contract [RA 636].
adverse to that of his client
even after the termination of CANON 14: NOT TO REFUSE HIS
the relation. SERVICES TO THE NEEDY

CREATION OF RELATION: FORMS RIGHT TO DECLINE

OF EMPLOYMENT AS COUNSEL EMPLOYMENT; EXCEPTIONS
TO A CLIENT General Rule: A lawyer is not
1. Oral – when the counsel is obliged to act as legal counsel for
employed without a written any person who may wish to
agreement, but the become his client. He has the right
conditions and amount of to decline employment.
attorney’s fees are agreed Exceptions:
upon. 1. A lawyer shall not refuse his
2. Express  when the terms services to the needy.
and conditions including the 2. He shall not decline to
amount of fees, are explicitly represent a person solely on
stipulated in a written account of the latter’s race,
document which may be a sex, creed or status of life or
private or public document. because of his own opinion
Written contract of attorney’s regarding the guilt of said
fees is the law between the person.
lawyer and the client. 3. He shall not decline, except
3. Implied – when there is no for serious and sufficient
agreement, whether oral or cause like (1) if he is not in a
written, but the client allowed position to carry out
the lawyer to render legal effectively or competently;
services not intended to be (2) if he labors under a
gratuitous without objection, conflict of interest between
and the client is benefited by him and the prospective
reason thereof. client or between a present
and prospective client.
Note: While a written agreement
for professional services is the best Reasons: IBP Guidelines, Art.1, Sec.
evidence to show the relation, 1. Public Service:
formality is not an essential element 1. Legal aid is not a matter of
of the employment of an attorney. charity but a public
The absence of a written contract responsibility.
will not preclude a finding that there 2. It is a means for correction of
is a professional relationship. social imbalance.
Documentary formalism is not an

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
22 2005 CENTRALIZED BAR OPERATIONS

3. Legal aid offices must be so of such rule shall subject him

organized as to give maximum to disciplinary action.
possible assistance to indigent 2. It is the attorney’s duty to
and deserving members of the “counsel or maintain such
community and to forestall actions or proceedings only
injustice. as appear to him to be just
and only such defenses as he
DUTY TO DECLINE EMPLOYMENT believes to be honestly
A lawyer should decline debatable under the law.”
professional employment even 3. A lawyer is not to encourage
though how attractive the fee either the commencement or
offered may be if its acceptance will the continuance of an action
involve: or proceeding, or delay any
1. A violation of any of the rules man’s cause, for any corrupt
of the legal profession. motive or interest.
2. Nullification of a contract 4. A lawyer must decline to
which he prepared. conduct a civil cause or to
3. Advocacy in any matter in make a defense when
which he had intervened convinced that it is intended
while in the government merely to harass or injure the
service. opposite party or to work
4. Employment, the nature of oppression or wrong.
which might easily be used However, a lawyer may accept a
as a means of advertising his losing civil case provided that, in so
professional services or his doing, he must not engage in
skill. dilatory tactics and must advise his
5. Employment with a collection client about the prospects and
agency which solicits advantage of settling the case
business to collect claims. through a compromise.
6. Any matter in which he
knows or has reason to
believe that he or his partner LAWYER’S DUTIES TO
will be an essential witness CLIENT
for the prospective client.
CANON 15: CANDOR, FAIRNESS
ETHICAL CONSIDERATIONS IN AND LOYALTY IN HIS DEALINGS
TAKING A BAD CASE AND TRANSACTIONS WITH HIS
In a Criminal Case: A lawyer may CLIENTS
accept a losing criminal case
because every accused is presumed CONFLICT OF INTEREST
innocent and is entitled to counsel.
Duty of a Lawyer to His Client in
In a Civil Case: The rules and Case There is Conflict of Interest
ethics of the profession enjoin a A lawyer, in conferring with a
lawyer from taking a bad case. prospective client shall ascertain as
soon as practicable whether the
matter would involve a conflict with
Reasons: another client or his own interest,
1. The attorney’s signature in and if so, shall forthwith inform the
every pleading constitutes a prospective client. [Rule 15.01]
certificate by him that there It is the duty of a lawyer at
is good cause to support it the time of retainer to disclose to
and that it is not interposed the client all circumstances of his
for delay, and willful violation relations to the parties and any
interest in connection with the
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
23
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

controversy, which might influence 4. As a representative of the

the client in the selection of counsel. obligor, he cannot represent
It is unprofessional to the obligee;
represent conflicting interests, 5. As a lawyer representing a
except by express consent of all party in a compromise
concerned given after a full agreement, he cannot be
disclosure of facts. Within the subsequent lawyer
meaning of this Canon, a lawyer representing another client
represents conflicting interests who seeks to nullify the
when, in behalf of one client it is his agreement;
duty to contend for that which duty
to another client requires him to Effects of Representing Adverse
oppose. Interests
1. Disqualification as counsel of
Tests to Determine new client on petition of
Conflicting Interests former client.
1. Will the attorney be 2. Where such is unknown to,
required to contest for and becomes prejudicial to
that which his duty to the interests of the new
another client requires client, a judgment against
him to oppose? such may, on that ground, be
(Conflicting duties) set aside.
2. Will the acceptance of a 3. A lawyer can be held
new relation invite administratively liable
suspicion and/or actually through disciplinary action
lead to unfaithfulness or and may be held criminally
double-dealing towards liable for betrayal of trust.
another client? 4. The attorney’s right to fees
(Invitation of may be defeated if found to
suspicion) be related to such conflict
3. Will the attorney be called and such was objected to by
upon in his new relation the former client, or if there
to use against his first was a concealment and
client any knowledge prejudice by reason of the
acquired in the previous attorney’s previous
employment? (Use of professional relationship with
prior knowledge the opposite party.
obtained)
 CASE: Jurisprudence instructs
INSTANCES WHEN A LAWYER IS that there is a representation of
CONSIDERED HAVING conflicting interests if the
CONFLICTING DUTIES acceptance of the new retainer will
1. As an employee of a require the attorney to do anything
corporation whose duty is to which will injuriously affect his first
attend legal affairs, he client in any matter in which he
cannot join a labor union of represents him and also whether he
employees in that will be called upon in his new
corporation; relation, to use against his first
2. As a lawyer who investigated client any knowledge acquired
an accident as counsel for an through their connection. Another
insurance, he cannot test to determine if there is a
represent the injured person; representation of conflicting
3. As a receiver of a interests is whether the acceptance
corporation, he cannot of a new relation will prevent an
represent the creditor; attorney from the full discharge of

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
24 2005 CENTRALIZED BAR OPERATIONS

his duty of undivided fidelity and 7. Prohibition is inapplicable to

loyalty to his client or invite a contract for attorney’s fees
suspicion of unfaithfulness or double contingent upon the outcome
dealing in the performance thereof. of the litigation.
(Pormento, Sr. vs. Atty. Pontevedra,
A.C. No. 5128, March 31, 2005) CANON 17: FIDELITY TO THE
CAUSE OF HIS CLIENT AND
CANON 16: LAWYER’S DUTY TO MINDFUL OF THE TRUST AND
HOLD IN TRUST ALL THE MONEY CONFIDENCE REPOSED IN HIM
AND PROPERTY OF HIS CLIENT  CASE: Ordinarily, lawyers are not
THAT MAY COME TO HIS obliged to act either as advisers or
POSSESSION as advocates of any person who
PROHIBITION AGAINST may wish to become their client.
PURCHASE OF PROPERTY IN They may decline employment and
LITIGATION refuse to accept representation, if
they are not in a position to carry it
Elements of Prohibition out effectively or competently. But
1. There is an attorney-client once they agree to handle a case,
relationship; attorneys are required by the
2. The property is in litigation; Canons of Professional
3. The attorney is the counsel of Responsibility to undertake the task
record in the case; with zeal, care and utmost devotion.
4. The attorney, by himself or Acceptance of money from a
through an agent, purchases client establishes an attorney-client
such property during the relationship and gives rise to the
pendency of said case [Art. duty of fidelity to the client’s cause.
1491 of the Civil Code] Every case accepted by a lawyer
deserves full attention, diligence,
Other Instances Where Rule is skill and competence, regardless of
Inapplicable importance. (Rollon vs. Atty.
1. Where the property Naraval, A.C. No. 6424, March 4,
purchased by a lawyer was 2005)
not involved in litigation.
2. Where the sale took place CANON 18: SERVE CLIENT WITH
before it became involved in COMPETENCE AND DILIGENCE
the suit.
3. Where the attorney at the DUTY TO PROTECT CLIENT’S
time of the purchase was not INTEREST
counsel in the case. The attorney’s duty to
4. Where the purchaser of the safeguard the client’s interests
property in litigation was a commences from his retainer until
corporation even though the his effective release from the case
attorney was an officer or the final disposition of the whole
thereof. subject matter of the litigation.
5. Where the sale took place During that period he is expected to
after the termination of the take such reasonable steps and
litigation. such ordinary care as his client’s
6. A lawyer may accept an interests may require.
assignment from his client of
a money judgment rendered PREPARATION OF PLEADINGS
in the latter’s favor in a case A lawyer shall not handle any
in which he was not counsel, legal matter without any adequate
in payment of his preparation. (Rule 18.02)
professional services A lawyer should prepare his
performed in another case. pleading with great care and
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
25
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

circumspection. He should refrain 2. Service of notice upon party

from using abrasive and offensive instead of upon his attorney
language, for it merely weakens is ordered by court.
rather than strengthens the force of 3. Notice of pre trial is required
legal reasoning and detracts from its to be served upon parties
persuasiveness. In preparing a and their respective lawyers.
complaint for damages, counsel for 4. In appeal from the lower
plaintiff should allege and state the court to the RTC, upon
specific amounts claimed not only in docketing of appeal.
the body of the complaint but also in
the prayer, so that the proper DUTY WHEN THE ACCUSED
docket fees can be assessed and INTENDS TO PLEAD GUILTY
paid. A PLEA OF GUILTY is an
admission by the accused of his guilt
DUTY TO KEEP CLIENT FULLY of crime as charged in the
INFORMED information and of the truth of the
A lawyer shall keep the client facts alleged, including the
informed of the status of his case. qualifying and aggravating
(Rule 18.04) circumstances.
He should notify his client of It is the duty of the defense
an adverse decision while within the counsel when his client desires to
period to appeal to enable his client enter a plea of guilty to: (ACEPA)
to decide whether to seek an 1. Fully acquaint himself with
appellate review. He should the records and surrounding
communicate with him concerning circumstances of the case
the withdrawal of appeal with all its 2. Confer with the accused and
adverse consequences. The client is obtain from him his account
entitled to the fullest disclosure of of what had happened
the mode or manner by which his 3. Advise him of his
interest is defended or why certain constitutional rights
steps are taken or omitted. 4. Thoroughly explain to him
the import of a guilty plea
Doctrine of Imputed Knowledge  and the inevitable conviction
the knowledge acquired by an that will follow
attorney during the time that he is 5. See to it that the prescribed
acting within the scope of his procedure which experience
authority is imputed to the client. has shown to be necessary to
It is based on the assumption the administration of justice
that an attorney, who has notice of is strictly followed and
matter affecting his client, has disclosed in the court
communicated the same to his records.
principal in the course of
professional dealings. The doctrine DUTY TO COMPLY WITH
applies regardless of whether or not CLIENT’S LAWFUL REQUEST
the lawyer actually communicated A client shall respond within
to the client what he learned in his a reasonable time to the client’s
professional capacity, the attorney request for information. (Rule 18.04)
and his client being one juridical A lawyer should endeavor to
person. seek instruction from his client on
Exceptions to the Rule that any substantial matter concerning
Notice to Counsel is Notice to the litigation, which may require
Client decision on the part of the client,
1. If strict application might such as whether to compromise the
foster dangerous collusion to case or to appeal an unfavorable
the detriment of justice. judgment. He should give his client

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
26 2005 CENTRALIZED BAR OPERATIONS

sound advice on any such and By virtue of Sec. 20, Rule 14

similar matters and comply with the of the 1997 Rules of Civil Procedure,
client’s lawful instructions relative there is no more distinction between
thereto. He should resist and should general appearance and special
never follow any unlawful instruction appearance, in the sense that a
of his client. defendant may file a motion to
dismiss not only on the ground of
CANON 19: DUTY TO REPRESENT lack of jurisdiction over his person
CLIENT WITH ZEAL AND WITHIN but also on some other grounds
THE BOUNDS OF THE LAW without waving the jurisdiction of
the court over his person.
DUTY TO RESTRAIN CLIENT
FROM IMPROPRIETY Presumption of Authority
A lawyer should use his best An attorney is presumed to
efforts to restrain and to prevent his be properly authorized to represent
client from doing those things which any cause in which he appears in all
he himself ought not to do, stages of the litigation and no
particularly with reference to the written authority is required to
conduct toward the court, judicial authorize him to appear.
officer, witness and suitor and if the The presumption is a strong
client persists in such wrong doing, one. A mere denial by a party that
the lawyer should terminate their he has authorized an attorney to
relation. appear for him, in the absence of
compelling reason, is insufficient to
Duty to Advice Candidly overcome the presumption
As officers of the court, especially when the denial comes
counsels are under obligation to after the rendition of an adverse
advise their clients against making judgment.
untenable and inconsistent claims.
The counsel should inform his client Effects of an Unauthorized
and dissuade him from filing the Appearance
case if totally devoid of merit. If he 1. Party is not bound by the
finds that his client’s cause as fairly attorney’s appearance in the
meritorious and ripe for judicial case in or by the judgment
adjudication, he should refrain from rendered therein.
making bold and confident 2. Court does not acquire
assurances of success. jurisdiction over the person.
3. The adverse party who has
Duty of Lawyer in Case of been forced to litigate as a
Knowledge of Client’s Fraud defendant by the
1. He must promptly call upon unauthorized action on the
the client to rectify the same and part of the attorney for the
failing which, plaintiff may, on that ground,
2. He shall terminate their move for the dismissal of the
relationship with such client in complaint.
accordance with the Rules of 4. If unauthorized appearance is
Court. willful, attorney may be cited
for contempt as an officer of
the court who has
AUTHORITY OF A LAWYER misbehaved in his official
Appearance- the coming into court transactions, and he may be
as a party either as a plaintiff or as a disciplined for professional
defendant and asking relief misconduct.
therefrom.

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
27
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

Ratification of Unauthorized matter of the litigation. The client

Appearance can, of course, authorize his lawyer
1. EXPRESS: categorical to compromise his case, and the
assertion by client that he settlement made by the lawyer will
has authorized a lawyer or bind his client.
that he confirms his Exception: Where the lawyer is
authorization to represent confronted with an emergency and
him in the case. prompt, urgent action is necessary
2. IMPLIED: where a party with to protect the interest of his client
knowledge of the fact that a and there is no opportunity for
lawyer has been representing consultation with him.
him in a case, accepts
benefits of representation or Mistakes or Negligence of
fails to promptly repudiate Lawyer Binding Upon Client
the assumed authority. General Rule: Client is bound by
attorney’s conduct, negligence and
Requisites for Implied mistake in handling case or in
Ratification by Silence management of litigation and in
1. Party represented by lawyer procedural technique, and he can
must be of age, competent or not be heard to complain that result
if suffers from disability, has might have been different had his
guardian or legal lawyer proceeded differently.
representative. Exceptions:
2. Party or guardian is aware of 1. Where adherence thereto
attorney’s representation. results in outright deprivation
3. He fails to promptly of client’s liberty or property
repudiate assumed authority. or where interest of justice so
requires.
Authority of Attorney in the 2. Where error by counsel is
Conduct of Litigation purely technical which does
A lawyer has authority to not affect substantially
bind the client in all matters of client’s cause.
ordinary judicial procedure. He can 3. Ignorance, incompetence or
bind his client on substantial matters inexperience of lawyer is so
only with the client’s express or great and error so serious
implied consent. that client, who has good
A client may waive, cause prejudiced and denied
surrender, dismiss, or compromise a day in court.
any of his rights involved in a 4. Gross negligence of lawyer.
litigation in favor of the other party 5. Lack of acquaintance with
even without or against the consent technical part of procedure.
of his attorney.
CANON 20: DUTY OF THE
Authority to Compromise LAWYER TO CHARGE ONLY FAIR
Compromise- a contract whereby AND REASONABLE FEES
the parties, by making reciprocal
concessions, avoid a litigation or put ATTORNEY’S FEES
an end to one already commenced.
Factors in Determining
General Rule: The attorney has Attorney’s Fees (Rule 20.1,
no authority to compromise his Canon 20) (TINSAP²C³)
client’s case. 1. time spent and the extent of
Reason: Because the client, even if the services rendered or
represented by counsel, retains required;
exclusive control over the subject

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
28 2005 CENTRALIZED BAR OPERATIONS

2. novelty and the difficulty of a favorable judgment and

the questions involved; recovery of money or property
3. importance of the subject and the amount of which may
matter; be on a percentage basis.
4. skill demanded; 3. A fixed fee payable PER
5. probability of losing other APPEARANCE.
employment as a result of 4. A fixed fee computed upon
the acceptance of the the NUMBER OF HOURS
proffered case; SPENT
6. customary charges for similar 5. A fixed fee based on
services and the schedule of PIECEWORK.
fees of the IBP Chapter to 6. COMBINATION of any of the
which he belongs; above.
7. amount involved in the
controversy and the benefits RETAINER- may refer to either of
resulting to the client from two concepts:
the service; 1. Act of a client by which he
8. contingency or certainty of engages the services of an
compensation; attorney to render legal
9. character of the employment advice or to defend or
whether occasional or prosecute his cause in court.
established; and 2. Fee which a client pays to the
10. the professional standing of attorney
the lawyer.
Kinds of Retainer Agreements
Two Concepts of Attorney’s Fees 1. General retainer – the fee
1. Ordinary- it is the paid to a lawyer to secure his
reasonable compensation future services as “general
paid to the lawyer for the counsel” for any ordinary
legal services he had legal problem that may arise
rendered the client. The in the ordinary business of
basis of this compensation is the client and referred to him
the fact of employment by for legal action. The client
the client. pays fixed retainer fees,
2. Extraordinary- an indemnity which could be monthly or
for damages ordered by the otherwise. The fees are paid
court to be paid by the losing whether or not there are
party to the prevailing party cases referred to the lawyer.
in a litigation. The basis of 2. Special retainer – fee for a
this is any of the cases specific case or service
authorized by law and is rendered by the lawyer for
payable not to the lawyer but the client.
to the client unless they have
agreed that the award shall Situations when Counsel cannot
pertain to the lawyer as Recover the Full Amount of
additional compensation or Attorney’s Fees Despite Written
as part thereof. Contract
1. When the services called for
Kinds of Payment which may be were not performed as when
Stipulated Upon the lawyer withdrew before
1. FIXED OR ABSOLUTE FEE – the case was finished. He
which is payable regardless of will be allowed only
the result of the case. reasonable fees
2. CONTINGENT FEE – that is 2. When there is a justified
conditioned on the securing of dismissal of the attorney, the
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
29
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

contract will be nullified and there are no local precedents

payment will be on the basis to rely upon
of quantum meruit only. A 3. Importance of subject matter
contrary stipulation will be  the more important the
invalid. subject matter or the bigger
3. When the stipulated the value of the interest of
attorney’s fees are property in litigation, the
unconscionable i.e., when it higher is the attorney’s fees
is disproportionate as 4. Skill demanded of a lawyer 
compared to the value of the totality of the lawyer’s
services rendered and is experience provides him the
revolting to human skill and competence
conscience. admired in lawyers.
4. When the stipulated
attorney’s fees are in excess Instances of Recovery of
of what is expressly provided Attorney’s Fees on the Basis of
by law. Quantum Meruit
5. When the lawyer is guilty of 1. There is no express contract
fraud or bad faith toward his for payment of attorney’s
client in the matter of his fees agreed upon between
employment the lawyer and the client.
6. When the counsel’s services 2. When although there is a
are worthless because of h is formal contract for attorney’s
negligence. fees, the fees stipulated are
7. When contract is illegal, found unconscionable.
against morals or public 3. When the contract for
policy. attorney’s fees is void due to
8. Serving adverse interest formal matter.
unless lawyer proves that it 4. When for justifiable cause the
was with the consent of both lawyer was not able to finish
parties. the case.
5. When the lawyer and the
Quantum Meruit  means as much client disregard the contract
as the lawyer deserves or such for fees.
amount as his services merit. 6. When the client dismissed his
counsel before the
Guides for Determining termination of the case or the
Attorney’s Fees on Quantum latter withdrew therefrom for
Meruit Basis (TINS) valid reasons.
1. Time spent and extent of the
services rendered or required Champertous Contract - one
– a lawyer is justified in fixing where the lawyer stipulates with his
higher fees when the case is client in the prosecution of the case
so complicated and requires that he will bear all of the expenses
more time and effort to finish for the recovery of things or
it. property being claimed by the client,
2. Novelty and difficulty of and the latter agrees to pay the
questions involved – when former a portion of the thing or
the questions in a case are property recovered as
novel and difficult, greater compensation. It is void for being
effort, deeper study and against public policy.
research are bound to burn
the lawyer’s time and  CONTINGENT vs.
stamina considering that CHAMPERTOUS
CONTINGENT CHAMPERTOU
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
30 2005 CENTRALIZED BAR OPERATIONS

CONTRACT S CONTRACT 1. if the nullification is due to

1. Contingent 1. Payable in the illegality of its object, the
fee is payable in kind ONLY lawyer is precluded from
cash recovering;
2. Lawyers do 2.Lawyers 2. if the nullity is due to a
not undertake undertake to formal defect or because the
to pay all pay all court has found the amount
expenses of expenses of to be unconscionable, the
litigation litigation lawyer may recover for any
services rendered based on
3. Not 3. Void quantum meruit.
prohibited
Instances When an Independent
Enforcement of Attorney’s Fees Civil Action to Recover
General Rule: A lawyer should Attorney’s Fees is Necessary
avoid the filing of any case against 1. Main action is dismissed or
client for enforcement of attorney’s nothing is awarded;
fees 2. Court has decided that it has
Exceptions: no jurisdiction over the action
1. to prevent imposition or has already lost it;
2. to prevent injustice 3. Person liable for attorney’s
3. to prevent fraud fees is not a party to the
main action;
Who are Entitled to Attorney’s 4. Court reserved to the lawyer
Fees the right to file a separate
General Rule: Only lawyers are civil suit for recovery of
entitled to attorney’s fees. The same attorney’s fees;
cannot be shared with a non-lawyer. 5. Services for which the lawyer
It is immoral. seeks payment are not
Exceptions: connected with the subject
A lawyer may divide a fee for litigation;
legal services with persons not 6. Judgment debtor has fully
licensed to practice law: (CPR) paid all of the judgment
1. a lawyer undertakes to proceeds to the judgment
complete unfinished legal creditor and the lawyer has
business of a deceased not taken any legal step to
lawyer; have his fees paid directly to
2. there is a pre-existing him from the judgment
agreement with a partner or proceeds.
associate that, upon the Compensation to Which a
latter’s death, money shall be Lawyer is Entitled to Depending
paid over a reasonable period on His Capacity
of time to his estate or to 1. Counsel de Parte - He is
persons specified in the entitled to a reasonable
agreement; attorney’s fees agreed upon
3. a lawyer or law firm includes or in the absence thereof, on
non-lawyer employees in quantum meruit basis.
retirement plan, even if the 2. Counsel de Oficio - The
plan is based in whole or in counsel may not demand
part on the profit sharing from the accused attorney’s
agreement fees even if he wins the case.
He may however collect from
Effect of Nullity of Contract on the government funds if
the Right to Attorney’s Fees available based on the
amount fixed by the court.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
31
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

3. Amicus Curiae - not entitled enforced. by

to attorney’s fees It is a execution
general . It is a
ATTORNEY’S LIEN lien. special
Charging Lien - is an equitable lien.
right to have the fees and lawful 2. Basis Lawful Securing
disbursements due a lawyer for his possession of a
services in a suit secured to him out of papers, favorable
of the judgment for the payment of documents money
money and executions issued in , property judgment
pursuance thereof in the particular belonging for the
suit. to the client.
client.
Requisites of a Charging Lien 3. Coverage Covers Covers all
1. Existence of a client-lawyer papers, judgment
relationship; documents for the
2. The attorney has rendered , and payment
services; properties of money
3. Favorable judgment secured in the and
by the counsel for his client lawful execution
which judgment is a money possession issued in
judgment; of the pursuanc
4. The attorney has a claim for attorney e of such
attorney’s fees or advances; by reason judgment
5. Noting into the records of the of his s.
case through the filing of an profession
appropriate motion of the al
statement of the lawyer’s employme
claim for attorney’s fee with nt.
copies furnished to the client 4. Effect As soon as As soon
and adverse party. the as the
attorney claim for
Retaining Lien – a right merely to gets attorney’s
retain the funds, documents, and possession fees had
papers as against the client until the of the been
attorney is fully paid his fees. papers, entered
documents into the
Requisites: (ALU) , or records of
1. Attorney-client relationship; property. the case.
2. Lawful possession by the 5. Notice Client Notice
lawyer of the client’s funds, need not must be
documents and papers in his be notified served
professional capacity; to make it upon
3. Unsatisfied claim for effective. client and
attorney’s fees adverse
party

RETAINING LIEN VS.CHARGING 6. Applicabi May be Generally,

LIEN lity exercised exercisabl
Point of Retaining Charging before e only
Distinction Lien Lien judgment when the
1. Nature Passive Active or attorney
Lien. It Lien. It execution had
cannot be can be or already
actively enforced regardless secured a
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
32 2005 CENTRALIZED BAR OPERATIONS

thereof. favorable 1. A-C privilege where legal

judgment advice is professionally
for his sought from an attorney.
client. 2. The client must intend the
7.Extinguis When When above communication to be
h- possession client confidential.
ment lawfully loses 3. A-C privilege embraces all
ends when action as forms of communication and
as lawyer lien may action.
voluntarily only be 4. As general rule, A-C privilege
parts with enforced also extends to the
funds, against attorney’s secretary,
documents judgment stenographer, clerk or agent
, and awarded with reference to any fact
papers of in favor of required in such capacity.
client or client, 5. The above duty is perpetual
offers proceeds and is absolutely privileged
them as thereof/ from disclosure.
evidence. executed
thereon. Exceptions to the Privilege
1. When there is consent or
waiver of client.
CANON 21: PRIVILEGED 2. When disclosure is required
COMMUNICATION by law.
3. When disclosure is made to
Requisites: protect the lawyer’s rights
1. There exists an attorney and (i.e., to collect his fees or
client relationship or a kind of defend himself, his
consultancy relationship with employees or associates or
a prospective client. That is, by judicial action).
legal advise is what is 4. When such communications
sought; are made in contemplation of
2. The communication was a crime or the perpetuation
made by the client to the of a fraud
lawyer in the course of the
lawyer’s professional LAWYER AS WITNESS
employment; and A lawyer shall avoid testifying in
3. The communication must be behalf of his client.
intended to be confidential. Reason: The function of a
[Uy Chico vs. Union Life witness is to tell the facts as he
Association Society, 29 Phil recalls them in answer to questions.
163] The function of an advocate is that
of a partisan. It is difficult to
Purposes: distinguish between the zeal of an
To encourage a client to make a advocate and the fairness and
full disclosure of the facts of impartiality of a disinterested
the case to his counsel witness.
without fear;
To allow the lawyer freedom to  Instances when a lawyer may
obtain full information from NOT testify as a witness in a case
his client. which he is handling for a client:
1. When such would adversely
Characteristics: affect any lawful interest of
the client with respect to

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
33
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

which confidence has been though they are under

reposed on him; subpoena to appear as
2. Having accepted a retainer, witnesses for the opposite
he cannot be a witness side.
against his client; 4. If after trial resulting in
3. He cannot serve conflicting defendant’s conviction, his
interests; counsel has been advised
4. When he is to violate the that a prosecution witness
confidence of his client; has committed perjury, it is
5. When as an attorney, he is to not only proper but it is the
testify on the theory of the lawyer’s duty to endeavor
case. honorably to obtain such
witness’ retraction, even
 Instances when a lawyer may without advising the public
testify as a witness in a case which prosecutor of his purpose and
he is handling for a client: even though the case is
1. On formal matters, such as pending appeal.
the mailing, authentication or An adverse party, though he
custody of an instrument and may be used as a witness, is not,
the like; however, a witness within the
2. Acting as an expert on his fee; meaning of the rule permitting a
3. Acting as an Arbitrator; lawyer to interview the witness of
4. Deposition; the opposing counsel.
5. On substantial matters in
cases where his testimony is CANON 22: WITHDRAWAL OF
essential to the ends of SERVICES
justice, in which event he
must, during his testimony, TERMINATION OF ATTORNEY-
entrust the trial of the case to CLIENT RELATIONSHIP
another counsel.
Instances When a Counsel Can
INTERVIEWING WITNESSES Withdraw His Services
Witness- human instrumentality 1. When the client pursues an
through which the law and its illegal or immoral course or
ministers, the judges and lawyers, conduct in connection with
endeavors to ascertain the truth and the case he is handling;
to dispense justice to the contending 2. When the client insists that
parties. the lawyer pursue conduct
violative of the Code of
1. A lawyer may interview a Professional Responsibility;
witness in advance of trial to 3. When his inability to work
guide him in the with co-counsel will not
management of the litigation. promote the best interest of
2. A lawyer may also interview the client;
a prospective witness for the 4. When the mental or physical
opposing side in any civil or condition of the lawyer
criminal action without the renders it difficult for him to
consent of the opposing carry on the employment
counsel or party. effectively;
3. A lawyer may properly obtain 5. When the client deliberately
statements from witnesses fails to pay the fees for the
whose names were furnished services or fails to comply
by the opposing counsel or with the retainer agreement;
interview the employees of
the opposing party even

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
34 2005 CENTRALIZED BAR OPERATIONS

6. When the lawyer finds out prevents its

that he might be appearing occurrence  full
for a conflicting interest; amount
(Note: In all the above cases, the (Note: lawyer should question his
lawyer must file a written motion discharge, otherwise he will be
with an express consent of his client allowed to recover on quantum
and must wait for the approval of meruit basis.)
the court.)
7. When the lawyer is elected or With just cause
appointed to public office; Lawyer is not necessarily
8. Other similar cases [Canon deprived of his right to be paid for
22 Rule 22.01] his services. He may only be
deprived of such right if the cause
NOTE: A lawyer may withdraw as for his dismissal constitutes in itself
counsel only with the conrent of the a sufficient legal obstacle to
client and with leave of court, and recovery.
only for good cause enumerated in
Rule 22.01 of the Code of Limitations of Client’s Right to
Profdssional Responsibility. Discharge His Counsel
The relation of attorney-client 1. Client cannot deprive counsel
relationship is strictly personal and of his right to be paid for
highly confidential and fiduciary. services rendered if dismissal
Necessity and public interest require is without cause;
that it be so. 2. Client cannot discharge
counsel as an excuse to
Discharge of the Attorney by secure repeated extensions
Client of time;
The client has the right to 3. Notice of discharge required
terminate at any time WITH OR in so far as court and adverse
WITHOUT JUST CAUSE. party are concerned.
Just cause is material only in
determining compensation. Duties of a Discharged Lawyer
or One Who Withdraws
Without just cause 1. Immediately turn-over all
 And no express written papers and property to which
agreement as to fees  the client is entitled;
reasonable value of his 2. To cooperate with the
services up to the date of succeeding lawyer in the
his dismissal (quantum orderly transfer of the case.
meruit)
 And there is written Conditions for Substitution of
agreement and the fee Counsel
stipulated is absolute and 1. Written request for such
reasonable  full payment substitution
of compensation 2. Written consent of the client
 And the fee stipulated is 3. Written consent of the
contingent attorney to be substituted or
 If dismissed before in the absence thereof, proof
the conclusion of of service of notice of said
the action  motion to the attorney to be
reasonable value substituted.
of his services
(quantum meruit)
 If contingency
occurs or client LIABILITIES OF A LAWYER
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
35
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

LIABILITY FOR DAMAGES Test of Relevancy

Requisites The matter to which the
1. Attorney - client relationship privilege does not extend must be
2. Want of reasonable care & palpably wanting in relation to
diligence subject of controversy, that no
3. Injury sustained by client as reasonable man can doubt its
proximate result thereof. relevancy or propriety.
Pleadings should contain
Kinds of Damages plain and concise statements of
1. Nominal – where client lost material facts and if pleader goes
the litigation as a beyond requisites of law and alleges
consequence of lawyer’s irrelevant matter which is libelous,
gross omission or negligence. he loses his privilege and may be
2. Actual/compensatory liable in separate suit.
3. Moral Damages
4. Attorney’s fees Liability for Costs of Suit
(Note: for nos. 2-4 there should be General Rule: Losing client and
showing that had the lawyer not the lawyer is liable for costs of
exercised due diligence client would suit in favor of prevailing party,
have succeeded in recovering from lawyer not being party-litigant.
adverse party.) Exception: Where the lawyer
insisted on client’s patently
Liability for Breach of Fiduciary unmeritorious case or interposed
Obligation appeal to delay litigation or thwart
Lawyer holds his client’s prompt satisfaction of prevailing
funds or property in trust for clients party’s just and valid claim, court
and is obliged to make an may adjudge lawyer to pay treble
accounting of such funds that come costs of suit.
to his possession.
CRIMINAL LIABILITY
Effect of Failure to Return A lawyer may be held
Client’s Money or Property After criminally liable if he commits any
Demand of the following:
1. Presumption that he 1. Causing prejudice to client
misappropriated the same thru malicious breach of
2. Civilly liable in favor of client professional duty or thru
3. Criminal liability inexcusable negligence or
4. Administrative liability ignorance.
2. Revealing client’s secrets
Remedy of Client learned in lawyer’s
Recover property from lawyer professional capacity thru
together with its fruits, subject to malicious breach of
client’s returning to his lawyer professional duty or
purchase price & legal interest. inexcusable negligence or
ignorance.
Libelous Words in Pleadings
A lawyer is exempted from Specific Acts which May Result
liability for slander, libel or otherwise to Criminal Liability
defamatory, published in course of 1. A lawyer who has undertaken
judicial proceedings, PROVIDED the defense of client or has
statements are connected with, received confidential
relevant, pertinent and material to information from said client
cause in hand or subject of inquiry in a case may be criminally
liable for undertaking

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
36 2005 CENTRALIZED BAR OPERATIONS

defense of opposing party in 4. Criminal Contempt 

same cause without consent consists of any conduct
of first client.[Art. 209, RPC] directed against the authority
2. A lawyer who shall knowingly or dignity of the court.
introduce in evidence in any
judicial proceeding or to the Acts of a Lawyer Constituting
damage of another or who, Contempt
with intent to cause such 1. Misbehavior as officer of
damage, shall use any false court
document may be held 2. Disobedience or resistance to
criminally liable therefor. court order
[Art.172, RPC] 3. Abuse or interference with
3. A lawyer who judicial proceedings
misappropriates his client’s 4. Obstruction in administration
funds may be held liable for of justice
estafa. 5. Misleading courts
6. Making false allegation,
CONTEMPT OF COURT criticisms, insults, veiled
Nature threats against the court
It is exercised on 7. Aiding in unauthorized
preservative and not on vindictive practice of law (suspended or
principle and on corrective rather disbarred)
than the retaliatory idea of 8. Unlawful retention of client’s
punishment, for purposes that are funds
impersonal. It is criminal in nature. 9. Advise client to commit
The power to punish for contemptuous acts
contempt is inherent in all courts. It
is essential in the observance of
order in judicial proceedings and to
enforcement of judgment, orders
III. BAR
and writs. DISCIPLINE
Kinds of Contempt
1. Direct Contempt  consists
of misbehavior in the POWER TO DISCIPLINE
presence of or so near a ERRANT LAWYERS
court or judge as to interrupt
or obstruct the proceedings 1. The Supreme Court has the full
before the court or the authority and power to (WARDS)
administration of justice a. Warn
2. Indirect or Constructive 1. Admonish
Contempt  one committed 2. Reprimand
away from the court involving 3. Suspend and
disobedience of or resistance 4. Disbar a
to a lawful writ, process, lawyer
order, judgment or command [Section 27, Rules 138, Rules of
of the court, or tending to Court]
belittle, degrade, obstruct,
interrupt or embarrass the 2. The Court of Appeals and the
court Regional Trial Courts are also
3. Civil Contempt  failure to empowered to (WARS)
do something ordered by the a. Warn
court which is for the benefit b. Admonish
of a party c. Reprimand and

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
37
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

d. Suspend an attorney attorney the right to practice

who appears before law. The name of the lawyer
them from the is stricken out from the roll of
practice of law for any attorneys.
of the causes
mentioned in Section
27, Rule 138 [Section
16, Rule 139-B].
Note: But they cannot disbar a
SUSPENSION AND
lawyer. DISBARMENT
Nature of Proceedings
1. NOT a civil action because
FORMS OF DISCIPLINARY there is no plaintiff and no
respondent, involves no
MEASURES (WARS – CD) private interest. The
complainant is not a party
1. Warning – an act or fact of and no interest in the
putting one on his guard outcome except as all
against an impending citizens have in proper
danger, evil consequences or administration of justice, no
penalties. redress for private grievance.
2. Admonition – a gentle or 2. NOT a criminal prosecution
friendly reproof, mild rebuke, because it is not meant as a
warning or reminder, punishment depriving him of
counseling, on a fault, error source of livelihood but
or oversight, an expression of rather to ensure that those
authoritative advice. who exercise the function
3. Reprimand – a public and should be competent,
formal censure or severe honorable and reliable so
reproof, administered to a that public may repose
person in fault by his superior confidence in them.
officer or a body to which he 3. SUI GENERIS, it is a class of
belongs. its own since it is neither civil
4. Suspension – temporary nor criminal
withholding of a lawyer’s 4. Confidential in nature.
right to practice his 5. Defense of double jeopardy is
profession as a lawyer for a not available.
certain period or for an 6. Can be initiated by the SC
indefinite period of time. motu propio or by the IBP. It
a. D can be initiated without a
efinite complaint;
b. I 7. Can proceed regardless of
ndefinite qualified interest of the complainants;
disbarment; lawyer 8. Imprescriptible;
determines for himself 9. It is itself due process of law.
for how long or how
short his suspension Reason for Making Disbarment
shall last by proving to Proceedings Confidential
court that he is once To enable the Supreme Court
again fit to resume to make its investigation free from
practice of law. any extraneous influence or
5. Censure - Official interference as well as to protect the
reprimand. personal and professional reputation
6. Disbarment - It is the act of of attorneys and judges from the
the Philippine Supreme Court baseless charges of disgruntled,
in withdrawing from an vindictive and irresponsible clients
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
38 2005 CENTRALIZED BAR OPERATIONS

and litigants. [In Re: Abistado, 57 intimacy between a lawyer and a

Phil 668] woman with no impediment to
marry each other voluntarily
GROUNDS FOR SUSPENSION OR cohabited and had two children, is
DISBARMENT OF MEMBERS OF neither so corrupt as to constitute a
THE BAR criminal act nor so unprincipled as to
1. Under Rule 138, Sec. 27 of warrant disbarment or disciplinary
the Revised Rules of Court: action against the man as a member
a. Deceit- is a fraudulent of the bar.
and deceptive
misrepresentation, artifice of d. Conviction of a crime
device used by one or more involving moral
persons to deceive and trick turpitude (Examples:
another, who is ignorant of estafa, bribery, murder,
the true facts to the prejudice bigamy, seduction,
and damage of the party abduction, concubinage,
imposed upon. There must be smuggling, falsification of
false representation as public document,
matter of fact. (Example: violation of B.P. 22)
Misappropriation of client’s
fund) e. Violation of oath of
office
b. Malpractice, or other f. Willful disobedience of
gross misconduct in any lawful order of a
office- any malfeasance or superior court
dereliction of duty committed g. Corruptly or willfully
by a lawyer. (Example: appearing as an attorney
Failure of lawyer to appeal in for a party to a case
allowing the period of appeal without authority to do
to lapse) so.
Legal Malpractice- consists
of failure of an attorney to 2. Acquisition of an interest in
use such skill, prudence and the subject matter of the
diligence as lawyers of litigation, either though
ordinary skill and capacity purchase or assignment [Art.
commonly possess and 1491, Civil Code]
exercise in the performance
of tasks which they 3. Breach of professional duty,
undertake, and when such inexcusable negligence, or
failure proximately causes ignorance, or for the
damage, it gives rise to an revelation of the client’s
action in tort. [Tan Tek Beng secrets [Art. 208, Revised
vs. David, 126 SCRA 389] Penal Code]

c. Grossly immoral 4. Representing conflicting

conduct- that conduct which interests [Art. 209, Revised
is willful, flagrant or Penal Code]
shameless and which shows
a moral indifference to the Grounds for disbarment NOT
opinion of the good and EXCLUSIVE:
respectable members of the The statutory enumeration of the
community. grounds for disbarment or
suspension is not to be taken as a
 CASE: In the case of Arciaga vs. limitation on the general power of
Maniwang [106 SCRA 591], mere courts to suspend or disbar a lawyer.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
39
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

The inherent power of court over its b. Lawyer knows them to be so

officers cannot be restricted. 4. Introducing False
[Quingwa vs. Puno, Admin. Case No Evidence it is a violation of
398, Feb. 28, 1967] The Supreme oath to do no falsehood nor
Court has disbarred or suspended consent to doing of any in
lawyers for reasons not found in the court. When false testimony
statute as when their acts are is material to inquiry or
contrary to honesty or good morals relevant to issue, it requires
or do not approximate the highest suspension or disbarment. On
degree of morality and integrity the other hand, when the
expected of the members of the bar. testimony is immaterial or
[Sta. Maria vs. Tuazon, Admin. Case irrelevant and does not cause
No. 396, July 31, 1964]. substantial prejudice, it only
warrants lesser sanction,
Quantum of Evidence Required: such as warning or reprimand
clear, convincing and 5. Willfully disobeying court
satisfactory evidence orders  lawyer may be
Burden of Proof: rests on the punished for contempt and
complainant, the one who disciplined as officer of court.
instituted the suit 6. Using vicious or
disrespectful language 
constitutes direct contempt;
violation of oath and Code of
Professional Responsibility.
7. Continue to practice after
suspension  constitutes
gross misconduct and willful
BREACH OF DUTIES OF A disregard of suspension
LAWYER order.

Breach of Duties to Court

1. Obstructing
Administration of justice  Breach of Duties to Client
constitutes misconduct and 1. Negligence in
justifies disciplinary action performance of duties
against him and contempt of Requisites to
court. (Example: Forum Warrant Suspension or
shopping) Disbarment:
2. Misleading court i. Negligence and
knowingly making false carelessness which
allegation in pleadings, must be gross in
misquoting text of character
documents, suppressing ii. Caused
material facts material prejudice to
3. Preferring false charges  client
filing or prosecuting false Note: Mere negligence
charges against another for without pecuniary damages
his action is violative of duty justifies only reprimand or
to do falsehood nor consent censure except when breach
to doing of any in court, nor of duty to client is a gross
wittingly or willingly promote violation of obligation to
or sue any false, groundless, court.
unlawful suit. 2. Employment of unlawful
Requisites means
a. Charges are fake
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
40 2005 CENTRALIZED BAR OPERATIONS

3. Deceit or 8. Acting without authority -

misrepresentation a lawyer can bind client
Requisites without special power of
a. Bad faith on the part of attorney only on procedural
the lawyer matters
b. Material damage to 9. Willfully appearing without
client being retained -It must be
4. Representing adverse willful, corrupt or
Interest and revealing contumacious in order that
client’s secrets - If there is he may be held liable.
no written consent of client, a
lawyer may not represent Breach of Duties to Bar
conflicting interest. The fact a. Unethical
that lawyer did not acquire conduct or unprofessional
confidential information from conduct - that which violates
client nor use the same rules or ethical code of legal
against the latter does not profession.
excuse him from b. Defaming
responsibility. fellow lawyer  Use of
5. Purchase client’s property improper and objectionable
in litigation language against another
Requisites: lawyer or accuse him
a. Lawyer is counsel for wantonly and maliciously of a
client at the time he serious misconduct in the
acquired the property absence of reasonable cause
b. Property is subject of constitutes misconduct.
litigation Strongly worded statements
c. Acquires it by himself or by a lawyer against opposing
through another lawyer, if justified by records,
d. Acquires property may not justify disciplinary
during pendency of action against him.
litigation c. Encroaching
6. Failing to account or upon business of another
misappropriation of d. Soliciting
client’s property - business - for purpose of
presupposes fraudulent gain, personally or through
intent of lawyer. Immediate paid agents is MALPRACTICE
repayment by lawyer of and agreeing with non-lawyer
client’s money or property to divide lawyer’s fees paid
after demand but before by client or for solicitation by
institution by client of non-lawyer.
disbarment proceedings e. Advertising
negate fraudulent intent. If
the lawyer has a lien, it
cannot be used as an excuse OTHER GROUNDS FOR
for not making an DISCIPLINE
accounting.
7. Collecting unreasonable 1. NON-PROFESSIONAL
fees – Where the law fixes MISCONDUCT
the maximum amount which
lawyer may charge client,
collection of more than what
law allows constitutes
malpractice.

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
41
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

General Rule: Lawyer may not be A lawyer who holds a

suspended or disbarred for government office may not be
misconduct in his non-professional disciplined as a member of the bar
or private capacity. for misconduct in the discharge of
Exception: Where such is so his duties as a government official. If
GROSS to show him to be morally the misconduct, however, is in
unfit for office or unworthy of violation of the Code of Professional
privilege, court may be justified in Responsibility or of his oath as a
suspending or removing him from lawyer or is of such a character as to
the roll of attorneys. affect his qualifications as a lawyer,
he may be subject to disciplinary
2. GROSS IMMORALITY- AN ACT action such as disbarment (Collantes
OF PERSONAL IMMORALITY ON vs. Renomeron). This rule does not
THE PART OF THE LAWYER IN apply to impeachable officials like
HIS PRIVATE RELATION WITH SC Justices, Members of the
OPPOSITE SEX MAY PUT Constitutional Commission and
CHARACTER IN DOUBT. BUT TO Ombudsman because they can be
JUSTIFY SUSPENSION OR removed only by impeachment.
DISBARMENT, THE ACT MUST
NOT ONLY BE IMMORAL, IT 6. COMMISSION OF FRAUD OR
MUST BE GROSSLY IMMORAL. FALSEHOOD
(ABAIGAR VS. PAZ)
7. MISCONDUCT AS NOTARY
Grossly Immoral Conduct – one PUBLIC
so corrupt and false as to constitute By applying for having himself
criminal act or so unprincipled or commissioned as notary public,
disgraceful as to be reprehensible to lawyer assumes duties in dual
a high degree. Cohabitation per se is capacity, the non-performance of
not grossly immoral, it depends on which be may be a ground for
circumstances and it is not discipline as member of bar.
necessary that there be prior
conviction for offense before lawyer OFFICERS AUTHORIZED TO
may be disciplined for gross INVESTIGATE DISBARMENT
immorality. If the evidence is not CASES
sufficient to hold the lawyer liable 1.Supreme Court
for gross immorality, he may still be 2.Integrated Bar of the
reprimanded where evidence shows Philippines (IBP) through its
failure on his part to comply with Commission on Bar Discipline
rigorous standards of conduct or authorized investigators
required from lawyers. 3.Office of the Solicitor General

3. CONVICTION OF CRIME
INVOLVING MORAL TURPITUDE GRIEVANCE PROCEDURE:
All crimes of which fraud or deceit is DISBARMENT,
an element or those inherently SUSPENSION, AND
contrary to rules of right conduct,
honesty or morality in civilized
DISCIPLINE OF ATTORNEYS
community (Rule 139-B)
 Proceedings for the
4. PROMOTING TO VIOLATE OR disbarment, suspension and
VIOLATING PENAL LAWS discipline of attorneys may be
taken:
5. MISCONDUCT IN DISCHARGE 1. by the Supreme Court
OF OFFICIAL DUTIES motu proprio, or,

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
42 2005 CENTRALIZED BAR OPERATIONS

2. by the IBP upon the recommendation by the

verified complaint of any Investigator, suspend an
person attorney from practice, for
 The IBP Board of any of the causes under Rule
Governors may initiate and 138, Sec. 27, during the
prosecute proper charges pendency of the
against erring attorneys investigation;
including those in government: 4. After joinder of the issues or
1. motu propio or failure to answer, the
2. upon referral by the respondent shall be given full
SC or opportunity to defend
3. by a Chapter Board of himself. But if the respondent
Officers or at the instance fails to appear to defend
of any person. himself inspite of notice, the
 The complaint must be: investigator may proceed ex
1. verified; parte. The investigation shall
2. state clearly be terminated within three
and concisely the facts (3) months from
complained of; commencement which period
3. supported may be extended;
by affidavits of persons 5. The Investigator shall make a
having personal report to the Board of
knowledge of the facts Governors within 30 days
therein alleged, or by from termination of the
such documents as may investigation which report
substantiate it; shall contain his findings and
4. six (6) copies shall be filed recommendations together
with the Secretary of IBP with the evidence;
or any of its Chapters. 6. The Board of Governors shall
have the power to review the
OUTLINE OF DISBARMENT decision of the Investigator.
PROCEEDING IN THE IBP Its decision shall be
(RULE139-B) promulgated within a period
1. The case shall be assigned to not exceeding 30 days from
a National Grievance the next meeting of the
Investigator where the Board Board following the
of Governors shall appoint submission of the report of
one from among IBP the Investigator:
members of three (3) when a. If the decision is a
special circumstances finding of guilt of the
warrant; charges, the IBP Board of
2. If the complaint is Governors shall issue a
meritorious, the respondent resolution setting forth its
shall be served with a copy findings and
requiring him to answer recommendations which shall
within 15 days from service; be transmitted to the
3. The respondent shall file an Supreme Court for final
answer containing six (6) action together with the
copies and shall verify the record;
same; after receipt of the b. If the decision is for
answer or lapse of the period exoneration, or if the
to do so, the Supreme sanction is less than
Court ,may, motu propio or at suspension or dismissal, the
the instance of the IBP Board Board shall issue a decision
of Governors, upon exonerating the respondent
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
43
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

or imposing a lesser sanction. Effect of desistance, withdrawal

The resolution exonerating of complaint or non-appearance
the respondent shall be of complainant in disbarment
considered as terminating proceedings
the case unless upon petition The desistance or the
of the complainant or other withdrawal of the complainant of the
interested party filed with the charges against a judge does not
Supreme Court within 15 deprive the court the authority to
days from notice of the proceed to determine the matter.
Board’s decision. Nor does it necessarily result in the
dismissal of the complaint except
PROCEDURE FOR DISBARMENT when, as a consequence of the
IN THE SUPREME COURT withdrawal or desistance no
1. Upon the initiation of the evidence is adduced to prove the
complaint, the Supreme charges. This rule is founded on the
Court may refer the case for rationale that a disbarment
investigation to the Solicitor proceeding is neither civil nor
General, or any officer of the criminal but one prosecuted solely
Supreme Court, or judge of a for the public interest. What is
lower court; important is whether the charges
2. If referred, the investigator against the respondent have been
shall proceed with the duly proved.
investigation and make a (Note: The same principle applies to
report to the Supreme Court. administrative charges against
judges.)
Rules in the Imposition of
Penalties Doctrine of RES IPSA LOQUITOR
a. In case of Suspension (“the thing speaks for itself”)
 Division  1 year or less
 En Banc  exceeds 1 year  CASES: This principle or
doctrine applies to both judges and
b. In case of Fine lawyers. Judges had been dismissed
 Division  P10,000 or less from the service without need for a
 En Banc P10,000 or formal investigation because based
more on the records, the gross
misconduct or inefficiency of the
c. In case of both Suspension judges clearly appears. [Uy vs.
and Fine  en banc if the Mercado, 154 SCRA 567].
suspension exceeds 1 year The same principle applies to
or the fine exceeds P10, lawyers. Thus, on the basis of the
000. lawyer’s comment or answer to a
d. In case of 2 or more show-cause order of SC, it appears
suspensions  service will be that the lawyer has so conducted
successive, not himself in a manner which exhibits
simultaneous his blatant disrespect to the court,
or his want of good moral character
Investigating Judge CANNOT or his violation of the attorney’s
dismiss case oath, the lawyer may be suspended
 CASE: The investigating judge’s or disbarred without need of a trial-
authority is only to investigate, type proceeding. What counts is that
make a report and recommendation the lawyer has been given the
on the case to be submitted to the opportunity to give his side.
SC for final determination. [Graciano [Prudential Bank vs. Castro 155
vs. Sebastian, 231 SCRA 588] SCRA 604]

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
44 2005 CENTRALIZED BAR OPERATIONS

DEFENSES be dismissed. However, if the

The purpose and nature of executive pardon is conditional, the
disbarment proceedings make the disbarment case will not be
number of defenses available in civil dismissed on the basis thereof.
and criminal actions inapplicable in Absolute pardon by President
disciplinary proceedings. The may wipe out conviction as well as
Statute of Limitations is not a offense itself and the grant thereof
defense in disciplinary proceedings in favor of a lawyer is a bar to a
nor does the fact the circumstance proceeding for disbarment against
that facts set up as ground for him based solely on commission of
disbarment constitute crime, the such offense. The reason is that the
prosecution for which in criminal respondent lawyer, after the
action is barred by prescription, absolute pardon, is as guiltless and
preclude the disbarment proceeding. innocent as if he never committed
However, the fact that a the offense at all.
considerable length of time has If absolute pardon is given to
lapsed from the date the misconduct lawyer after being disbarred for
took place to date the complaint for conviction of crime, it does not
disbarment was filed may indicate automatically entitle him to
ulterior motive on the part of reinstatement to the bar. It must be
complainant or innocence on the shown by evidence aside from
part of respondent. absolute pardon that he is now a
person of good moral character and
MODIFYING CIRCUMSTANCES fit and proper person to practice law.
Extent of disciplinary action In case of a conditional pardon,
depends on attendance of mitigating there will be a remission of
or aggravating circumstance. unexpired period of sentence.

EFFECTS OF DEATH OF LAWYER

Mitigating Circumstances DURING PENDENCY OF
1. Good faith DISCIPLINARY ACTION AGAINST
2. Want of intention to commit HIM
wrong 1. Renders action moot and
3. Lack of material damage to academic
complainant 2. (But) court may still resolve case
4. Desistance of complainant on the merit in order to clear
5. Youth and inexperience, etc. publicly the name of the lawyer.
Aggravating Circumstances
1. Abuse of authority or of
attorney–client relationship JUDGMENT
2. Sexual intercourse with a
relative DISMISSAL OF CASE
3. Charge of gross immorality In the absence of
4. Previous dismissal as convincing or clearly preponderant
member of the bar evidence, disbarment case against
him should be dismissed. However,
EFFECT OF EXECUTIVE PARDON the court can still impose conditions
If during the pendency of despite dismissal of disciplinary
disbarment proceeding the action against him, if the facts so
respondent was granted executive warrant and in the event the lawyer
pardon, the dismissal of the case on fails to comply with such condition,
that sole basis will depend on it may suspend or disbar him for
whether the executive pardon is disobedience of its order.
absolute or conditional. If the pardon
is absolute, the disbarment case will SUSPENSION OR DISBARMENT
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
45
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

A lawyer who has been 7. favorable endorsement of the

suspended or disbarred cannot IBP, pleas of his loved ones
practice law without being held [Yap Tan vs. Sabandal, 170
liable for contempt of court. The SCRA 207].
suspended lawyer may be disbarred
for violation of the suspension order. The court may require
Such judgment does not prohibit pro applicant for reinstatement to enroll
se practice (Geeslin vs. Navarro; 185 in and pass the required fourth year
SCRA). review classes in a recognized law
If the lawyer holds a school. [Cui vs. Cui, 11 SCRA 755; In
government office which requires re Rusiana, 56 SCRA 240]
membership in the bar as an A previously disbarred lawyer
indispensable qualification, he may who is given absolute pardon by the
be dismissed from said office President is not automatically
(Collantes vs. Renomeron; 200 reinstated, he must still file a
SCRA). petition for reinstatement with the
SC.

REINSTATEMENT Condition for Reinstatement

A lawyer who has been
The Supreme Court has the suspended or disbarred may be
exclusive authority to reinstate. This reinstated when the SC is convinced
is based on its constitutional that he has already possessed the
prerogative to promulgate rules on requisites of probity and integrity
the admission of applicants to the necessary to guarantee his worth to
practice of law. Petitioner must practice his profession.
prove that he is once again fit and
proper person to practice law. The EFFECTS OF REINSTATEMENT
following must be taken into 1. Recognition of moral
consideration: rehabilitation and mental
1. the applicant’s character and fitness to practice law;
standing prior to disbarment; 2. Lawyer shall be subject to
2. the nature or character of same law, rules and
misconduct for which he is regulations as those
disbarred; applicable to any other
3. his conduct subsequent to lawyer;
disbarment [Cui vs. Cui, 11 3. Lawyer must comply with the
SCRA 755]; conditions imposed on his
4. including his efficient readmission
government service [In re
Adriatico, 17 Phil 324]
5. the time that has elapsed
between disbarment and the
IV. JUDICIAL
application for reinstatement
and the circumstances that
ETHICS
he has been sufficiently Judicial Ethics  branch of moral
punished and disciplined science which treats of the right and
[Prudential Bank vs. proper conduct to be observed by all
Benjamin Grecia, 192 SCRA judges and magistrates in trying and
381] deciding controversies brought to
6. applicant’s appreciation of them for adjudication which conduct
significance of his dereliction must be demonstrative of
and his assurance that he impartiality, integrity, competence,
now possesses the requisite independence, and freedom from
probity and integrity; improprieties.
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
46 2005 CENTRALIZED BAR OPERATIONS

practice of law in the

Court  a board or other tribunal Philippines or has held
which decides a litigation or contest public office in the
Philippines requiring
Judge  a public officer who, by admission to the practice
virtue of his office, is clothed with of law as an indispensable
judicial authority requisite.

De Jure Judge  one who is JUDICIAL DEPORTMENT

exercising the office of a judge as a
matter of right; an officer of a court Attitude Towards Counsel
who has been duly and legally He must be courteous
appointed especially to the young and
inexperienced. He should not
De Facto Judge  an officer who is interrupt in their arguments except
not fully invested with all the powers to clarify his mind as to their
and duties conceded to judges, but positions. He must not be tempted
exercising the office of a judge to an unnecessary display of
under some color of right learning or premature judgment. He
may criticize and correct
unprofessional conduct of a lawyer
QUALIFICATIONS but not in insulting manner.

Supreme Court and Court of Attitude Toward Litigants and

Appeals Justices Witness
1. Natural-born citizen of the He must be considerate,
Philippines; courteous and civil, and he must
2. At least 40 years of age; not utter intemperate language
3. Must have been for 15 during hearing of case.
years or more a judge of a
lower court or engaged in Proper Judicial Conduct
the practice of law; Conduct self as to be beyond
4. Must be a person of proven reproach and suspicion and be free
competence, integrity, from appearance of impropriety in
probity and independence. their personal behavior not only in
discharge of official duties but also
RTC Judges in their everyday life.
1. Natural-born citizen of
the Philippines; Cold Neutrality of Impartial
2. At least 35 years of age; Judge
3. For at least 10 years has A judge should not only render
been engaged in the just, correct and impartial decision
practice of law in the but do so in manner free from
Philippines or has held a suspicion as to its fairness and
public office in the impartiality and as to his integrity. It
Philippines requiring is indispensable requisite of due
admission to the process.
practice of law as an
indispensable requisite.
MTC Judges NEW CODE OF JUDICIAL
1. Natural-born citizen of the CONDUCT FOR THE
Philippines; PHILIPPINE JUDICIARY
2. At least 30 years of age; (A.M. No. 03-05-01-SC)
3. For at least 5 years has (June 1, 2004)
been engaged in the
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
47
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

 supersedes the that they are in a special position

Canons of Judicial Ethics and the to influence the judge.)
Code of Judicial Conduct to the 4. be free from inappropriate
extent that the provisions or connections with, and
concepts therein are embodied influence by, the executive
in this Code, provided, that in and legislative branches of
case of deficiency or absence of government.
specific provisions in this Code, 5. be independent in relation to
the Canons of Judicial Ethics and society in general and in
the Code of Judicial Conduct shall relation to the particular
be applicable in a suppletory parties to a dispute which
character. she/he has to adjudicate.
6. encourage and uphold
CANON- safeguards for the discharge
i. Independence of judicial duties.
ii. Integrity (REASON: To maintain and
enhance the institutional and
iii. Impartiality
operational independence of the
iv. Propriety judiciary.)
v. Equality 7. exhibit and promote high
vi. Competence and standards of judicial conduct.
Diligence (REASON: To reinforce public
 PURPOSE: to update confidence in the judiciary.)
and correlate the Code of Judicial
Conduct and the Canons of  Judges shall refrain from
Judicial Ethics adopted for the influencing in any manner the
Philippines, but also to stress the outcome of litigation or dispute
Philippines’ solidarity with the pending before another court or
universal clamor for a universal administrative agency.
code of judicial ethics.

CANON 1: INDEPENDENCE
In performing judicial duties, CANON 2: INTEGRITY
judges should: Conduct of judges must:
1. function independently on 1. be above reproach, and be so
the basis of their assessment in the view of a reasonable
of the facts and in accord observer.
with a conscientious 2. reaffirm the people’s faith in
understanding of the law, the integrity of the judiciary.
free from any extraneous
influence, inducement,  Judges should take or initiate
pressure, threat or appropriate disciplinary measures
interference. against lawyers or court personnel
2. be independent from judicial for unprofessional conduct of which
colleagues in respect of the judge may have become aware.
decisions.
3. not allow family, social, or CANON 3: IMPARTIALITY
other relationships to  Judges shall perform their judicial
influence judicial conduct or duties without favor, bias or
judgment. prejudice.
(NOTE: The prestige of judicial
office shall not be used or lent to
advance the private interests of DISQUALIFICATIONS OF
others, nor convey or permit JUDGES
others to convey the impression
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
48 2005 CENTRALIZED BAR OPERATIONS

Grounds for Disqualification and

Inhibition of Judges Under the Remittal of Disqualification: A
New Code of Judicial Conduct: judge disqualified as stated above
Judges shall disqualify may, instead of withdrawing from
themselves from participating in any the proceeding, disclose on the
proceedings in which they are records the basis of disqualification.
unable to decide the matter If based on such disclosure, the
impartially OR in which it may parties and lawyers independently of
appear to a reasonable observer the judge’s participation, all agree in
that they are unable to decide the writing that the reason for the
matter impartially. Such proceedings inhibition is immaterial or
include, but are NOT limited to, unsubstantial, the judge may then
instances where: participate in the proceeding. The
1. the judge has actual bias or agreement, signed by all parties and
prejudice concerning a party lawyers, shall be incorporated in the
or personal knowledge of record of the proceedings. (Sec. 6)
disputed evidentiary facts
concerning the proceedings; Grounds for Disqualification and
2. the judge previously served Inhibition of Judges Under the
as a lawyer or was a material Rules of Court:
witness in the matter in 1. Mandatory or Compulsory
controversy; Disqualification [Rule 137, ROC]
3. the judge, or a member of his a. when he, or his wife, or
or her family, has an child is pecuniarily
economic interest in the interested as heir,
outcome of the matter in legatee, creditor or
controversy; otherwise
4. the judge served as executor, b. when he is related to
administrator, guardian, either party within the
trustee, or lawyer in the case sixth (6th) degree of
or matter in controversy, or a consanguinity or affinity
former associate of the judge or to counsel within the
served as counsel during fourth (4th) civil degree
their association, or the judge c. when he has been an
or lawyer was a material executor, guardian,
witness therein; administrator, trustee or
5. the judge’s ruling in a lower counsel
court is the subject of review; d. when he has presided in
6. the judge is related by an inferior court where his
consanguinity or affinity to a ruling or decision is
party litigant within the sixth subject to review
civil degree or to counsel 2. Voluntary Inhibition
within the fourth civil degree; A judge may, in the exercise
or of his sound discretion disqualify
7. the judge knows that his or himself, for just and valid reasons
her spouse or child has a other than those mentioned above.
financial interest, as heir, [Section 1, Rule 137]
legatee, creditor, fiduciary, or This leaves the discretion to
otherwise, in the subject the judge to decide for himself
matter in controversy or in a questions as to whether he will
party to the proceeding, or desist from sitting in case for other
any other interest that could just and valid reasons with only his
be substantially affected by conscience to guide him, unless he
the outcome of the cannot discern for himself his
proceedings. (Sec. 5) inability to meet the test of the cold
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
49
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

neutrality required of him, in which or partiality is not enough grounds

event the appellate court will see to for a judge to inhibit, especially
it that he disqualifies himself. when the same is without any basis.
A decision to disqualify (People vs. Kho, 357 SCRA 290, April
himself is not conclusive and his 20, 2001)
competency may be determined on
application for mandamus to compel CANON 4: PROPRIETY
him to act. Judge’s decision to Judges shall, in their personal
continue hearing a case in which he relations with individual members of
is not legally prohibited from trying the legal profession who practice
notwithstanding challenge to his regularly in their court, avoid
objectivity may not constitute situations which might reasonably
reversible error. give rise to the suspicion or
The filing of an administrative appearance of favoritism or
case against a judge does not partiality. (Sec. 3)
disqualify him from hearing a case. Judges shall not allow the use
The court has to be shown other of their residence by a member of
than the filing of administrative the legal profession to receive
complaint, act or conduct of judge clients of the latter or of other
indicative of arbitrariness or members of the legal profession.
prejudice before the latter being (Sec. 5)
branded as the stigma of being
biased or partial. PROHIBITION TO DISCLOSE
INFORMATION
*DISQUALIFICATION vs. Confidential information
INHIBITION acquired by judges in their judicial
DISQUALIFICATION INHIBITION capacity shall not be used or
1. The Rules 1. The Rules disclosed by for any other purpose
enumerates the does not related to their judicial duties. (Sec.
specific and expressly 9)
exclusive grounds enumerate The prohibition will
under which any the specific discourage if not stop judges from
judge or judicial grounds for making business speculations in
officer is inhibition but some business ventures, the secrets
disqualified from merely gives of which he learned by reason of his
acting as such. a broad basis position as a judge.
thereof, i.e. The judge may be liable for
good, sound violation of Section 3(k) of RA 3019 –
or ethical “divulging valuable information of a
grounds confidential character, acquired by
his office or by him on account of his
official position to unauthorized
2. Rule gives the 2. Rules leaves
persons or releasing such
judicial officer no the matter of
information in advance of its
discretion to try or inhibition to
authorized release due.”
sit in a case the sound
Violation of the rule may also
discretion of
lead to “revelation of secrets by an
the judge
officer” or to “revelation of the
secrets of a private individual”
 CASE: The second paragraph of punishable by Articles 229 and 230
Section 1, Rule 137 does not give of the Revised Penal Code
the judge the unfettered discretion respectively.
to decide whether or not he will
desist from hearing a case. the
inhibition must be for just and valid
causes. The mere imputation of bias
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
50 2005 CENTRALIZED BAR OPERATIONS

Exception: Subject to law and to

PROHIBITION TO PRACTICE LAW any legal requirements of public
Judges shall not practice law disclosure, judges may receive a
whilst the holder of judicial office. token, gift, award or benefit as
(Sec. 11) appropriate to the occasion on which
Section 35 of Rule 138 of it is made provided that such gift,
Rules of Court prohibits judges, award or benefit might not
officials or employees of superior reasonably be perceived as intended
courts xxx from engaging in private to influence the judge in the
practice as members of the bar and performance of judicial duties or
in giving professional advice to otherwise give rise to an appearance
clients. of partiality.(Sec. 15)

 CASES: The reason for the Bribery; Direct or Indirect

prohibition has been explained in Acceptance of gifts given by
Dia-Anonuevo vs. Bercacio [68 SCRA reason of the office of the judge is
81]. The Supreme Court held that indirect bribery [Art. 211 Revised
the rule disqualifying a municipal Penal Code] and when he agrees to
judge from engaging in the practice perform an act constituting a crime
of law seeks to avoid the evil of in connection with the performance
possible use of the power and of his official duties in consideration
influence of his office to affect the of any offer, promise, gift or present
outcome of a litigation where he is receive by such officer, he is guilty
retained as counsel. Compelling of direct bribery. [Art. 210 Revised
reasons of public policy lie behind Penal Code]
this prohibition, and judges are
expected to conduct themselves in Anti-Graft and Corrupt Practices
such a manner as to preclude any Act
suspicion that they are representing Under RA 3019, the judge is
the interests of party litigant. liable criminally for directly or
In De Castro vs. Capulong indirectly receiving gifts, present or
[118 SCRA 52] a judge who merely other pecuniary or material benefit
acted as a witness to a document for himself or for another under
and who explained to the party conditions provided in Section 2, b
waiving his right of redemption over and c of the law..
the mortgaged properties and the Exception: Excepted are
consequences thereof does not unsolicited gifts or presents of small
engage himself in the practice of value offered or given as a mere
law. ordinary token of gratitude or
friendship according to local custom
PROHIBITION AGAINST or usage [Section 14, RA 3019].
ACCEPTING GIFTS, BEQUEST OR
LOANS Void Donations Under the Civil
General Rule: (1) Judges and Code
members of their families, as well as Donations given to a judge or
(2) court staff or others subject to to his wife, descendants or
their influence, direction or ascendants by reason of his office
authority, shall neither ask for, nor are void [Art. 739, Civil Code].
accept, any gift, bequest, loan or Ownership does not pass to the
favor in relation to anything done or donee. Money or property donated is
to be done or omitted to be done by recoverable by the donor, his heirs
him or her in connection with the or creditors.
performance of judicial duties.(Sec.
13 and 14) Loans Prohibited Under the
Constitution
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
51
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

Under Section 16 Article XI of public service and fidelity. (Atty.

“No loan, guarantee or other form of Fabella vs. Judge Lee, A.M. No. MTJ-
financial accommodation for any 04-1518. January 15, 2004)
business purpose may be granted Judges shall maintain order
directly or indirectly by any and decorum in all proceedings
government-owned or controlled before the court and be patient,
bank or financial institution to xxx dignified and courteous in relation to
members of the Supreme Court xxx litigants, witnesses, lawyers and
during their tenure.” others with whom the judge deals in
an official capacity. Judges shall
Taking or Receiving Loans From require similar conduct of legal
Litigants representatives, court staff and
It is a serious misconduct for others subject to their influence,
a judge to receive money from a direction or control. (Sec. 6)
litigant in the form of loans which he
never intended to pay back. Even if
the judge intends to pay, it is an act CODE OF JUDICIAL
of impropriety to take a loan from a CONDUCT
party-litigant. The judge could not (October 20 1989)
be wholly free from bias in deciding Canon-
a case where his lender is a party. A 1: Uphold the integrity and
judge should always strive to be free independence of the judiciary
from suspicion and all forms of 2: Avoid impropriety and the
improprieties. appearance of impropriety
3: Perform official duties
CANON 5: EQUALITY honestly, and with
Judges shall not, in the impartiality and diligence
performance of judicial duties, by 4: With due regard to official
words or conduct, manifest bias or duties, engage in activities to
prejudice towards any person or improve the law, the legal
group on irrelevant grounds. (Sec. 2) system and the
administration of justice
CANON 6: COMPETENCE AND 5: Regulate extrajudicial
DILIGENCE activities to minimize the risk
Judges shall take reasonable of conflict with judicial duties
steps to maintain and enhance their
knowledge, skills and personal
qualities necessary for the proper CANON 1: PROMPT DISPOSITION
performance of judicial duties, OF CASES
taking advantage for this purpose of A judge should administer
the training and other facilities justice impartially and without delay.
which should be made available, [Rule 1.02]
under judicial control, to judges. A judge shall dispose of the
(Sec. 3) court’s business promptly and
decide cases within the required
 CASE: Judges must be periods. [Rule 3.05]
conscientious, studious and  CASES: In the Request of Judge
thorough,[83] observing utmost Irma Zita Masamayor [A.M. NO. 99-
diligence in the performance of their 1-16, RTC, June 21 1999] it was held
judicial functions.[84] They have to that cognizant of the caseload of
“exhibit more than just cursory judges and mindful of the pressure
acquaintance with statutes and of their work, the Supreme Court
procedural rules.” Moreover, they almost always grants requests for
must require court personnel to extension of time to decide cases. A
observe at all times high standards heavy caseload may excuse a
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
52 2005 CENTRALIZED BAR OPERATIONS

judge’s failure to decide cases within his private capacity. Nevertheless,

the reglementary period, but not his without in any way prejudging
or her failure to request for an respondent’s liability, respondent
extension of time before the should be admonished to be careful
expiration of the period to be even in his private conduct because
extended. he is a model of the law-abiding
In Bernardo vs. Judge Amelia citizen and, for this reason, his
Fabros [A.M. NO. MTJ-99-1189, May private life cannot be completely
12, 1999], the Supreme Court has separated from his public persona.
always considered the failure of a (Bernardo vs. Judge Tiamson, A.M.
judge to decide a case within the No. RTJ-00-1565. August 6, 2001)
reglementary period as GROSS In Prosecutor Leo Tabao vs.
INEFFICIENCY and imposed either Judge Pedro Espina [A.M. NO. RTJ-96-
fine or suspension from service 1347, June 29, 1999] it was held that
without pay for such. The fines apropos the issue on the hasty
imposed vary in each case, rendition of judgment in a criminal
depending chiefly on the number of case, the Supreme Court has
cases not decided within the reminded members of the bench
reglementary period and other time and again that as exemplars of
factors to wit: the presence of justice and law, judges must avoid
aggravating circumstances – the not only impropriety but even the
damage suffered by the parties as a appearance of impropriety in all
result of the delay, the health and their actions. Neither should they
age of the judge, etc. take undue interest in the
settlement of criminal cases as the
CANON 2: AVOIDANCE OF same may compromise the integrity
IMPROPRIETY and impartiality of their office.
A judge should avoid
impropriety and the appearance of A judge should so behave at
impropriety in all activities. all times as to promote public
 CASES: In Manuel vs. Judge confidence in the integrity of the
Demetrio Calimay, Jr. [A.M. NO. RTJ- judiciary. [Rule 2.01]
99-1441, May 28, 1999] it was held
that the fact that the charges
proffered in the instant case do not
directly refer to respondent judge’s CANON 3: PERFORMANCE OF
official functions does not mean he DUTIES WITH HONESTY,
is totally free from blame. Canon 2 IMPARTIALITY AND DILIGENCE
of the Code of Judicial Conduct A judge should perform
provides that a judge should not official duties honestly and with
only avoid impropriety but also the impartiality and diligence.
appearance of impropriety in all his A judge shall be faithful to
activities. He should behave at all the law and maintain professional
times as to promote public competence. [Rule 3.01]
confidence in the integrity and
impartiality of the judiciary. He  CASE: In the case Exequiel
should be extra careful in all his Domingo vs. Judge Luis Reyes [A.M.
dealings – both in his professional NO. MTJ-98-1165, June 21, 1999] the
and individual capacities – in order Supreme Court held that judges are
to promote and protect the image of expected to keep abreast of
the judiciary to which he is developments in law and
privileged to belong. jurisprudence. The SC does not
Respondent, in removing the countenance respondent judge’s
bamboo poles and fishing nets failure to inform himself of recent
installed by complainant, acted in jurisprudential rules. His error, while
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
53
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

an honest one and committed for CANON 5: REGULATION OF THE

the purpose of achieving the ends of EXTRAJUDICIAL ACTIVITIES OF A
justice, must never happen again. JUDGE
Respondent judge was reprimanded A judge should regulate
for IGNORANCE OF THE LAW. extra-judicial activities so as to
Where a partner accepts minimize the risk of conflict with
public office, he shall withdraw from judicial duties.
the firm and his name shall be
dropped from the firm name unless AVOCATIONAL/CIVIC/
the law allows him to practice CHARITABLE ACTIVITIES
concurrently. [Rule 3.03] A judge may engage in the
A judge cannot take refuge following activities provided that
behind the inefficiency or they do not interfere with the
mismanagement by court personnel. performance of judicial duties or
Proper and efficient court detract from the dignity of the court:
management is as much as his write, lecture, teach and speak on
responsibility. It is also his duty to non-legal subject
organize and supervise the court a. engage in the arts, sports
personnel to ensure the prompt and and other special
efficient dispatch of business. recreational activities
b. participate in civic and
CANON 4: ENGAGING IN charitable activities
ACTIVITIES TO IMPROVE THE c. serve as an officer, director,
LAW trustee, or non-legal advisor
A judge may, with due regard of a non-profit or non-
to official duties, engage in activities political, educational,
to improve the law, the legal system religious, charitable, and
and the administration of justice. fraternal or civic
A judge may, to the extent organization. [Rule 5.01]
that the following activities do not
impair the performance of judicial FINANCIAL ACTIVITIES
duties or cast doubt on the judge’s A judge shall refrain from
impartiality: financial and business dealings:
a. speak, write, lecture, teach 1. that tend to reflect adversely on
or participate in activities the court’s impartiality
concerning the law, the legal 2. that interfere with the proper
system and the performance of judicial activities
administration of justice; 3. that increase involvement with
b. appear at public hearing lawyers or persons likely to come
before a legislative or before the court [Rule 5.02]
executive body on matters A judge should so manage
concerning the law, the legal investments and other financial
system or the administration interests as to minimize the number
of justice and otherwise of cases giving grounds for
consult with them on matter disqualification.
concerning the Subject to the provisions of
administration of justice; the preceding rule, a judge may hold
c. serve on any organization and manage investments but should
devoted to the improvement not serve as an officer, director,
of the law, the legal system manager, advisor, or employee of
or the administration of any business except as director of a
justice. [Rule 4.01] family business of the judge. [Rule
5.03]

FIDUCIARY ACTIVITIES

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
54 2005 CENTRALIZED BAR OPERATIONS

political partisanship, a judge shall

PROHIBITION TO SERVE AS not make political speeches,
EXECUTOR, ADMINISTRATOR, contribute to party funds, publicly
ETC. endorse candidates for political
General Rule: The judge shall not office or participate in other partisan
serve as (a) executor, (b) political activities. [Rule 5.10]
administrator, (c) trustee, (d)
guardian, (e) fiduciary.
Exception: when the estate, trust, LIABILITY OF JUDGES
ward or person for whom he will act
as executor, administrator, trustee, In the absence of fraud,
guardian or fiduciary is a member of dishonesty or corruption, acts of
the immediate family- which is judge in his judicial capacity not
limited to the spouse and relatives subject to disciplinary action even
within the second degree of though such acts are erroneous. He
consanguinity – provided that the can’t be subject to liability –
judge’s services as fiduciary shall criminal, civil, administrative for any
not interfere with the performance of his official acts, no matter how
of his judicial functions [Rule 5.06]. erroneous, so long as he acts in
In such exceptional cases, the good faith. In such a case, the
judge SHALL NOT: remedy of aggrieved party is not to
a. serve in proceeding that file administrative complaint against
might come before the court the judge but to elevate error to
of said judge higher court for review and
b. act as such contrary to Rules correction
5.02 to 5.05.
(Note: the relationship When a Judge May Be Held
mentioned is by consanguinity and Liable: Civil, Criminal and
not by affinity.) Administrative
1. Malfeasance
PROHIBITION TO BE APPOINTED 2. Misfeasance
IN QUASI-JUDICIAL AND 3. Knowingly rendering unjust
ADMINISTRATIVE AGENCIES judgment or interlocutory
A judge shall not accept order
appointment or designation to any
4. Malicious delay in
agency performing quasi-judicial or
administration of justice
administrative functions. [Rule 5.09]
5. Giving private party
The prohibition is based on
unwarranted benefit in
Section 12, Art. VIII of the
exercise of judicial function
Constitution which provides: “The
thru manifest partiality,
members of the Supreme Court and
evident bad faith and gross
of other courts established by law
inexcusable negligence.
shall not be designated to any
agency performing quasi-judicial or
CIVIL LIABILITIES OF JUDGES IN
administrative functions.”
RELATION TO THEIR OFFICIAL
The appointment to such
FUNCTIONS
positions will likely interfere with the
1. Any public officer or employee or
performance of the judicial functions
any private individual, who directly
of a judge hence, the prohibition.
or indirectly obstructs, defeats and
violates or in any manner impedes
PROHIBITION TO ENGAGE IN
or impairs the civil rights and
POLITICAL ACTIVITIES
liberties of persons shall be liable for
A judge is entitled to
damages. [Art. 32, Civil Code]
entertain personal views on political
The responsibility for
questions. But to avoid suspicion of
damages is not however
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
55
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

demandable of judges except when a. Knowingly

the act or omission of the judge Rendering Unjust Judgment
constitutes a violation of the Penal - Any judge who shall
Code or other penal statute. [Art. 32, knowingly render an unjust
last par.] judgment in any case
2. A judge who willfully or submitted to him for decision
negligently renders a decision shall be punished by prision
causing damages to another, shall mayor and perpetual absolute
indemnify the latter for the same. disqualification. [Art. 204
A judge is also civilly liable Revised Penal Code]
for damages, if in refusing or b. Manifestly Unjust
neglecting to decide a case without Judgment- it is one which is
just cause, a person suffered so patently against the law,
material or moral loss without public order, public policy and
prejudice to any administrative good morals that a person of
action that may be taken against ordinary discernment can
him. [Art. 27, Civil Code] easily sense its invalidity and
injustice.
DISABILITIES OF JUDGES UNDER In order that a judge may be held
THE CIVIL CODE liable for knowingly rendering an
1. Art. 1491. The following persons unjust judgment, it must be shown
cannot acquire by purchase, even at beyond doubt that the judgment is
a public or judicial action, either in unjust as it is contrary to law or is
person or through the mediation of not supported by evidence and the
another: same was made with conscious and
xxx deliberate intent to do an injustice.
(5) Justices, judges, [In Re: Climaco, 55 SCRA 107]
prosecuting attorneys, clerks of If the decision rendered by the
superior and inferior courts and judge is still on appeal, the judge
other officers and employees cannot be disqualified on the ground
connected with the administration of of knowingly rendering an unjust
justice, the property and rights in judgment. [Abad vs. Blaza, 145
litigation or levied upon an SCRA 1]
execution before the court within
whose jurisdiction or territory they 2. Judgment Rendered Through
exercise their respective functions, Negligence – Any judge who, by
this prohibition includes the act of reason of inexcusable negligence or
acquiring by assignment and shall ignorance shall render a manifestly
apply to lawyers, with respect to the unjust judgment in any case
property and rights which may be submitted to him for decision shall
the object of any litigation in which be punished by arresto mayor and
they may take part by virtue of their temporary special disqualification.
profession. [Art. 205 Revised Penal Code]
Xxx Negligence and ignorance
are inexcusable if they imply a
2. Art. 739. Donations made to a manifest injustice which cannot be
judge, his wife, descendants and explained by reasonable
ascendants by reason of his office interpretation. [In Re Climaco, 55
are void. SCRA 107]

CRIMINAL LIABILITIES OF 4. Knowingly Rendering an

JUDGES IN RELATION TO THEIR Unjust Interlocutory Order –
OFFICIAL FUNCTIONS Any judge who shall knowingly
1. Misfeasance render an unjust interlocutory
order or decree shall suffer the

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
56 2005 CENTRALIZED BAR OPERATIONS

penalty of arresto mayor in its The inferior courts (MTCs)

minimum period and suspension; are not empowered even just to
but if he shall have acted by suspend an attorney, although they
reason of inexcusable negligence may cite or hold a lawyer in
or ignorance and the contempt of court for contemptuous
interlocutory order or decree be acts.
manifestly unjust, the penalty Justices and judges, who are
shall be suspension. [Art. 206, also lawyers, if found guilty of
Revised Penal Code] certain crimes and / or of the causes
for disbarment under the Rules of
5. Maliciously Delaying the Court may also be disbarred.
Administration of Justice – The Justices of the Supreme Court
penalty of prision correccional in its however may not be disbarred
minimum period shall be imposed unless and until they shall have
upon any judge guilty of malicious been first impeached in accordance
delay in the administration of with the Constitution. The same is
justice. true with the other impeachable
To make the judge liable, the officers who are members of the bar.
act must be committed maliciously
with deliberate intent to prejudice a  CASE: While it is our duty to
party in a case. investigate and determine the truth
behind every matter in complaints
against judges and other court
6. Malfeasance Under the Anti- personnel, it is also our duty to see
Graft and Corrupt Practices Act to it that they are protected and
A judge is criminally liable for exonerated from baseless
causing an undue injury to a person administrative charges. The Court
or giving any private party an will not shirk from its responsibility
unwarranted benefit, advantage or of imposing discipline upon its
preference in the discharge of his magistrates, but neither will it
official function through manifest hesitate to shield them from
partiality, evident bad faith and unfounded suits that serve to disrupt
gross inexcusable negligence. rather than promote the orderly
[Section 3(e), R.A. 3019] administration of justice. ( Ocenar
vs. Judge Mabutin, A.M. No. MTJ-05-
1582, February 28, 2005 )
DISCIPLINE OF MEMBERS
GROUNDS FOR DISCIPLINE OF
OF THE BENCH JUDGES [Section 1, Rule 140,
Revised Rules of Court]
POWER TO DISCIPLINE ERRING 1. Serious Misconduct
MEMBERS OF THE BENCH 2. Inefficiency
The Supreme Court has
administrative supervision over all Misconduct - implies malice or a
courts and the personnel thereof wrongful intent, not a mere error of
[Section VI, Art. VIII, Constitution]. judgment. For serious misconduct
The Court en banc has the power to exist there must be reliable
to discipline all judges of lower evidence showing that the judicial
courts including justices of the Court acts complained of were corrupt or
of Appeals. It may even dismiss inspired by an intention to violate
them by a majority vote of the the law or were in persistent
members who actually took part in disregard of well-known legal rules.
the deliberation of the issues in the Inefficiency - implies negligence,
case and voted thereon [Section XI, incompetence, ignorance and
Art. VIII, Constitution]. carelessness. A judge would be
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
57
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

inexcusably negligent if he failed to fraught with injustice and pregnant

observe in the performance of his with dreadful and dangerous
duties that diligence, prudence and implications.
circumspection which the law
requires in the rendition of any PROCEDURE FOR DISCIPLINE OF
public service. JUDGES (RULE 140)
1. Complaint, in writing and
 CASES: In the case of In Re: duly sworn to is filed with the
Leaves Of Absence Without Approval Supreme Court. [Sec. 1]
Of Judge Eric Calderon [A.M. 98-8- 2. If found meritorious, a copy
105 MTC, January 26, 1999] - Judge thereof shall be served on
Calderon was found guilty of gross the respondent and he shall
misconduct, abandonment of office be required to comment
and was dismissed due to his within 10 days of service.
frequent leave of absence totaling to [Sec. 6]
3 years which were not approved 3. Upon filing of respondent’s
and his explanations were comment or expiration of the
inexcusable. He has caused great period upon filing comment,
disservice to many litigants and has the SC either refers the
denied them speedy justice. matter to the Office of the
In the case of In Re: Judge Court Administrator (OCA) for
Danilo Tenerife [255 SCRA 184] - evaluation, report, and
The failure of a judge to decide even recommendation, or assigns
a single case within the 90-day a Justice of the Court of
period was considered gross Appeals (if respondent is an
inefficiency warranting the RTC judge) or a judge of the
imposition of fine equivalent to his RTC (if respondent is a judge
one month salary. of an inferior court) to
investigate and hear the
charges. [Sec. 7]
Effect of resignation or 4. After hearings, the
retirement of a judge when investigating justice or judge
there is a pending submits a report of finding of
administrative case against him fact, conclusions of law and
The retirement/resignation recommendations to the
of a judge may or may not render Supreme Court. [Sec. 8]
the administrative complaint moot 5. The Supreme Court takes
and academic. Each case will be action as the facts and the
determined according to its law may warrant. [Sec. 9]
surrounding circumstances. Proceedings shall be private
(Pagayao vs. Imbing, A.M. No. 89- and confidential but a copy of the
403. August 15, 2001; Lilia vs. Judge decision or resolution of the Court
Famunal, A.M. No. RTJ-99-1503. shall be attached to the record of
December 13, 2001) the judge in the Office of the Court
According to Pesole vs. Administrator. [Sec. 11]
Rodriguez [81 SCRA 208] the
acceptance by the President of the QUANTUM OF EVIDENCE
resignation does not necessarily REQUIRED
render the case moot or deprive the The ground for the removal
SC of the authority to investigate the of a judicial officer should be
charges. The court retains its established beyond reasonable
jurisdiction either to pronounce the doubt. Such is the rule where the
respondent official innocent of the charges on which the removal is
charges or declare him guilty sought is misconduct in office, willful
thereof. A contrary rule will be neglect, corruption, or

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
58 2005 CENTRALIZED BAR OPERATIONS

incompetence. The general rules in Court and complaints against judges

regard to admissibility of evidence in of Regional Trial Courts to a justice
criminal trials apply. of the Court of Appeals, while a
For liability to attach, the complaint against a member of the
assailed order, decision or actuation Court of Appeals would probably be
of the judge in the performance of assigned to a member of the
official duties must not only found to Supreme Court for investigation,
be erroneous but, most importantly, report and recommendation.
it must be established that he was Retired SC Justices are now tasked
moved by bad faith, dishonesty, for this purpose.
hatred or some other like motive.
Similarly, a judge will be held REINSTATEMENT OF JUDGE
administratively liable for rendering PREVIOUSLY DISCIPLINED
an unjust judgment — one which is No indication that he is
contrary to law or jurisprudence or is inspired by corrupt motives or
not supported by evidence — when reprehensive purpose in the
he acts in bad faith, malice, revenge performance of his functions.
or some other similar motive. In
other words, in order to hold a judge Factors to be considered
liable for knowingly rendering an 1. Unsullied name & service of
unjust judgment, it must be shown record prior to dismissal
beyond reasonable doubt that the 2. Commitment to avoid
judgment was made with a situation that spur suspicion
conscious and deliberate intent to of arbitrary conditions.
do an injustice. (Judge De Guzman 3. Complainant mellowed down
vs. Dy, A.M. No. RTJ-03-1755, July 3, in pushing from his removal
2003) 4. Length of time separated from
service
IMPEACHMENT PROCEEDINGS
AGAINST JUDGES
Penal in nature governed by
rules on criminal case and therefore V. INTEGRATED
requires proof beyond reasonable
doubt. Only SC justices are subject
BAR OF THE
to impeachment. PHILIPPINES
MISCONDUCT IBP is the national
Reliable evidence showing organization of lawyers created on
that judicial actions are corrupt or January 16, 1973 under Rule 139-A,
inspired by intent to violate the law Rules of Court and constituted on
or in persistent disregard of legal May 4, 1973 into a body corporate
rules. by P.D. No. 181
Justices and Judges may not be As the official national
investigated under the grievance unification of the entire lawyer
procedure in Rule 139-B, sec. 1 of population of the Philippines this
the Revised Rules of Court. requires membership and financial
Complaints against justices and support in reasonable amount of
judges are filed with the Supreme every attorney as conditions sine
Court which has administrative qua non to the practice of law and
supervision over all courts. the retention of his name in the Roll
As a matter of practice, the of Attorneys.
Supreme Court has assigned The IBP Board of Governors is
complaints against Municipal or authorized to provide in the By-Laws
Metropolitan Trial Judges to an for grievance procedure for the
Executive Judge of a Regional Trial enforcement and maintenance of
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
59
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

discipline among all the members of Bar Discipline a ground for

the IBP, but no action involving the suspension of a lawyer from the
suspension or disbarment of a practice of law. A lawyer was
member or the removal of his name suspended from the practice of law
from the Roll of Attorneys shall be for one month due to her wanton
effective without the final approval disregard of the lawful orders of the
of the Supreme Court. [Rule 139- IBP Commission on Bar Discipline.
A,Section 12, Rules of Court] [Toledo vs. Abalos, A. C. No. 5141,
September 29, 1999]
 CASE: Compulsory membership
to the IBP is not violative of a
lawyer’s freedom of association.
Integration does not make a lawyer
a member of any group of which he
is already a member. He became a
member of the bar when he passed
the Bar Examinations. All that
integration actually does is to
provide an official national
organization for the well defined but
unorganized and incohesive group of
which every lawyer is already a
member. [In re: Edillon A.M. 1928]

Voluntary termination of IBP

membership, How Effected
By filing a verified notice to
that effect with the Secretary of IBP
who shall immediately bring the
matter to the attention of the SC.
Forthwith, he shall cease to be a
member and his name shall be
stricken from the Roll of Attorneys.

Effect of failure to pay annual

membership dues to the IBP
The failure of any attorney
to pay his annual membership dues
for 6 months shall warrant
suspension of his membership in the
IBP and default of such payment for
one year shall be a ground for the
removal of his name from the Roll of
Attorneys. [Sec. 10, Rule 139-A,
Rules of Court].
 CASES: A lawyer may not be
disciplined either by the IBP or the
Court for failing to pay her obligation
to complainant, a matter in her non-
professional or private capacity.
[Toledo vs. Abalos, A. C. No. 5141,
September 29, 1999]

Wanton disregard of the lawful

orders of the IBP Commission on

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura