1

EXECUTIVE COUNCIL

MIA ARRA C. CAMACHO

Chairperson

MARIA KATHERINE C. DELOSENDO ALTHEA MAE C. APELIT JAMAELA CHERINA MARIE A. CALINISAN
Vice Chair for Academics Secretary Creative Director and Public Relations
Officer
IRAH BRIGETTE A. VALENZUELA THERESE ANN C. MIRANO
Vice Chair for Administration Treasurer PATRICIA ALLEN C. YUMA
Volunteer Core Head
MARICOR P. MARASIGAN MARIAN CLARESSE C. JAURIGUE
Operations and Logistics Head Auditor JESILENE MARRI Z. ELEGIDO
Ways and Means Officer

LEGAL AND JUDICIAL ETHICS COMMISSION

JASPHER D. YEE
Legal and Judicial Ethics
Commissioner
GUIA MARIE BARBO
ANNE VIROL A. CHUA
BEA A. RICAMORA
Deputy Commissioner CAREN CHARLOTTE DIMAYUGA
BRYAN GALANG
ANN MARIELLE GALLARDO
MA. AUBREY C. HERRERA
Subject Head – Legal Ethics ANNE DOMINIC C. ROMANO
HILDA ALESSANDRA NOEL SAMILIN
SHEILA MARIE C. MARTINEZ ANDREA JOSEPHINE SANTOS
Subject Head – Legal Ethics JECIL Y. SARAGOZA
CHAYENNE O. SY
JENNY TAYAMIN
ZANDEE H. BRIONES Members
Subject Head – Practical Exercises

CENTER FOR LEGAL EDUCATION AND RESEARCH

ATTY. RODERICK M. VILLOSTAS
Director

ATTY. ANTONY J. PARREÑO

ATTY. LESTER NAZARENE V. OPLE
ATTY. REA MAY G. HERMOSURA
CLEAR Advisers

PHILIPPINE COPYRIGHT

This material is an intellectual creation of the Arellano Law Bar Operations Commission 2025. Any unauthorized reprint or reuse of this material is
prohibited. No part of this work may be reproduced or transmitted in any form or by any means, electronic or mechanical, including but not limited
to photocopy, recording, or by any information storage or retrieval system without the express written consen t of both Arellano Law Bar Operations
Commission 2025 and the Arellano University School of Law.

ALL RIGHTS RESERVED ⓒ 2025

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 TABLE OF CONTENTS

LEGAL ETHICS

A. Practice Of Law ------------------------------------------------------------------------------------------- 5

1. Basic Concepts ---------------------------------------------------------------------------------------------------- 5
2. Supervision and Control of the Legal Profession ------------------------------------------------------------ 6
3. Continuing Requirements for Membership in the Bar ------------------------------------------------------ 15
4. Authorized representation by non-Lawyers ------------------------------------------------------------------ 17
5. Public Officials Prohibited to Engage in the Private Practice of Law ---------------------------------- 21
6. Lawyers with Limitations to their Legal Practice ------------------------------------------------------- 24
7. Privileges of a lawyer ----------------------------------------------------------------------------------- 27
8. Unauthorized Practice of Law -------------------------------------------------------------------------- 27
B. Lawyers’ Professional Duties And Responsibilities Under The Code Of Professional
Responsibility And Accountability (CPRA) [A.M. 22- 09-01-Sc, 11] ------------------------------- 27
1. The overall intent for Filipino lawyers to be “lawyers possessed of integrity.” ---------------------- 27
Canon I. Independence ----------------------------------------------------------------------------------- 27
A. Concept of Lawyer’s Independence ----------------------------------------------------------------------- 27
B. Duty to Make Independent, Accessible, Efficient and Effective Legal Service --------------------------- 28
C. Duty to Lead a Merit-based Legal Practice ---------------------------------------------------------------- 28
D. Duty to be Freedom from Improper Considerations and External Influences --------------------------- 28
E. Duty not to Allow Interference in any Matter Before a Court or Tribunal -------------------------------- 29
F. Lawyer’s Duty and Discretion in Procedure and Strategy ------------------------------------------------- 29
Canon II. Propriety ----------------------------------------------------------------------------------------- 30
A. Concept of Lawyer’s Propriety ------------------------------------------------------------------------------ 30
B. Duty to Act with Propriety in Personal and Professional Dealings ---------------------------------------- 30
C. Prohibition Against False Representations or Statements; Duty to Correct and Report ----------------- 34
D. Prohibition against Claim of Influence or Familiarity, Solicitation, Self-Promotion or Self-Aggrandizement
----------------------------------------------------------------------------------------------------------------- 35
E. Duty to Disclose Relationship or Connection -------------------------------------------------------------- 35
F. Duty to Respect Another Lawyer’s Engagement ---------------------------------------------------------- 35
G. Concept of a Law Firm ------------------------------------------------------------------------------------- 36
H. Duty of Lawyers in Government Service ------------------------------------------------------------------ 36
I. Duty of Public Prosecutors ---------------------------------------------------------------------------------- 39
J. Duty of Lawyers in the Academe -------------------------------------------------------------------------- 40
K. Duty of Lawyers who Supervise Paralegals --------------------------------------------------------------- 40
L. Responsible Use of Social Media -------------------------------------------------------------------------- 41
Canon III. Fidelity ------------------------------------------------------------------------------------------ 42
A. Concept of Lawyer’s Fidelity ------------------------------------------------------------------------------- 42
B. The Responsible and Accountable Lawyer ---------------------------------------------------------------- 43
C. Definition of the Lawyer-Client Relationship -------------------------------------------------------------- 44
D. Authority of Lawyer to Bind Client ------------------------------------------------------------------------ 44
E. Authority of Lawyer to Appear ----------------------------------------------------------------------------- 45
F. Duties as Officers of the Court and in the Administration of Justice ------------------------------------- 45
G. Duty to Avoid Laboring Under Conflict of Interest -------------------------------------------------------- 46
H. Responsibilities of Law Firms and Legal Clinics; Supervisory and Supervised Lawyers ------------------ 50
I. Lawyer’s Duty of Loyalty Regarding Client’s Confidences and Secrets ------------------------------------ 50
J. Concept of and Rules on Limited Legal Services ----------------------------------------------------------- 51

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K. Lawyer’s Right to Compensation; Fees and Liens --------------------------------------------------------- 52
L. Lawyer’s Duty of Loyalty Regarding Client’s Funds and Properties --------------------------------------- 53
M. Termination of Lawyer’s Engagement --------------------------------------------------------------------- 54
Canon IV. Competence And Diligence ------------------------------------------------------------------- 55
A. Duty to Provide Competent, Efficient and Conscientious Legal Services --------------------------------- 55
B. Specific Duties Owed Relating to Competence ------------------------------------------------------------ 56
1. Punctuality in All Appearances, Punctuality in Delivering Legal Services ----------------------------- 56
2. Explaining Viable Options ------------------------------------------------------------------------------ 56
3. Giving Case Status Updates, Particularly Milestones -------------------------------------------------- 56
C. Practice of Law Concurrent with another profession ------------------------------------------------------ 57
Canon V. Equality ------------------------------------------------------------------------------------------- 57
A. Policy of Non-Discrimination ------------------------------------------------------------------------------- 57
B. Duty to be Mindful and Sensitive in Providing Affirmative Action in Favor of Vulnerable Persons ------ 58
Canon VI. Accountability ---------------------------------------------------------------------------------- 59
A. Nature of Disciplinary Proceedings Against Lawyers ------------------------------------------------------ 59
1. How instituted ------------------------------------------------------------------------------------------ 59
2. Proceedings against a government lawyer ------------------------------------------------------------ 59
3. Proceedings against members of the judiciary -------------------------------------------------------- 59
4. Preventive suspension --------------------------------------------------------------------------------- 60
5. Quantum and burden of proof ------------------------------------------------------------------------- 60
6. Executory nature of the decision or resolution -------------------------------------------------------- 60
7. Sworn statement after service of suspension --------------------------------------------------------- 60
8. Judicial Clemency --------------------------------------------------------------------------------------- 61
9. Prohibition against employment of disbarred or suspended lawyer ---------------------------------- 61
B. General Provisions of the Code of Professional Responsibility and Accountability ----------------------- 63
1. The Repealing and Effectivity Clause ------------------------------------------------------------------ 63
C. The 2004 Rules on Notarial Practice [A.M. 02-8-13-SC] -------------------------------------------------- 64
1. Qualifications of a Notary Public ----------------------------------------------------------------------- 65
2. Term of Office of a Notary Public ---------------------------------------------------------------------- 65
3. Powers and Limitations --------------------------------------------------------------------------------- 65
4. The Notarial Register ----------------------------------------------------------------------------------- 67
5. Jurisdiction of Notary Public and Place of Notarization ----------------------------------------------- 69
6. Competent Evidence of Identity ----------------------------------------------------------------------- 69
7. Sanctions that may be imposed ----------------------------------------------------------------------- 70
8. 2020 Interim Rules on Remote Notarization of Paper Documents, A.M. 20-07-04-SC, 14 July 2020

JUDICIAL ETHICS

A. Sources ----------------------------------------------------------------------------------------------------- 72
1. New Code of Judicial Conduct in the Philippine Judiciary [A.M. 03-05-01-SC] ---------------------- 72
2. Code of Judicial Conduct ------------------------------------------------------------------------------- 73
B. Qualities of a Judge or Justice [2004 New Code of Judicial Conduct] ----------------------------------- 73
1. Canon 1: Independence ------------------------------------------------------------------------------- 73
2. Canon 2: Integrity -------------------------------------------------------------------------------------- 74
3. Canon 3: Impartiality ----------------------------------------------------------------------------------- 75
4. Canon 4: Propriety ------------------------------------------------------------------------------------- 76
5. Canon 5: Equality --------------------------------------------------------------------------------------- 77
6. Canon 6: Competence and Diligence ------------------------------------------------------------------ 78

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C. Disqualification of Judicial Officers ------------------------------------------------------------------------- 78
1. Compulsory vs. Voluntary Disqualification ------------------------------------------------------------- 78
D. Judicial Discipline and Clemency --------------------------------------------------------------------------- 80
1. Cf. P.D. 828, as amended by P.D. 842 ----------------------------------------------------------------- 80
2. Impeachment of Supreme Court Justices -------------------------------------------------------------- 81
3. Discipline of Erring Appellate Justices and Lower Court Judges -------------------------------------- 81

PRACTICAL EXERCISES

A. Promissory Notes or Simple Loan Agreements ------------------------------------------------------------ 85

B. Demand Letters --------------------------------------------------------------------------------------------- 86
C. Sale Documents of Either Real or Personal Properties ---------------------------------------------------- 87
D. Lease Contract --------------------------------------------------------------------------------------------- 91
E. Special Power of Attorney to Sell a Realty or Appear in Pre-trial ---------------------------------------- 93
F. Verification and Certification Against Forum Shopping --------------------------------------------------- 95
G. Motions ----------------------------------------------------------------------------------------------------- 97
H. Quitclaims in Labor Cases ---------------------------------------------------------------------------------- 99
I. Information in Criminal Cases ----------------------------------------------------------------------------- 100
1. Consummated Crimes -------------------------------------------------------------------------------- 100
2. Frustrated Crimes ------------------------------------------------------------------------------------- 103
3. Attempted Crimes ------------------------------------------------------------------------------------- 105

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I. LEGAL ETHICS It is worth stressing that the practice of law is not
a right, but a privilege bestowed by the State
Legal Ethics refers to usages and customs upon those who show that they possess, and
among members of the legal profession, involving continue to possess, the qualifications required
their moral and professional duties toward one by law for the conferment of such privilege.
another, toward clients, and toward the courts. It Membership in the bar is a privilege burdened
is that branch of moral science which treats of the with conditions. (Alcantara vs. De Vera, A.C. No.
duties which a member of the legal profession 5859, November 23, 2010)
owes to the public, to the court, to his
professional brethren, and to his client. (Black’s In re Medado, the dismissal of all the other
Law Dictionary, Revised 4 edition, Page 1039)
th
criminal charges against the respondent, coupled
with the various certifications of good moral
A. PRACTICE OF LAW character in his favor, is sufficient for the Court
to conclude that the respondent possesses the
1. Basic Concepts moral qualifications required of lawyers. Though
it is true that the practice of law is not a right but
a. Definition of the Practice of Law a privilege, the Court will not unjustifiably
withhold this privilege from the respondent, who
In Cayetano vs. Monsod, the Court defined the has clearly shown that he is both intellectually
practice of law as any activity, in and out of court, and morally qualified to join the legal profession.
that requires the application of the law, legal (De Zuzuarregui vs. De Zuzuarregui, B.M. No.
procedure, knowledge, training, and experience. 2796, February 11, 2020)
Moreover, the Court ruled that to engage in the
practice of law is to perform those acts which are The right to practice law is not a natural or
characteristics of the professional to practice law constitutional right but a privilege. It is limited to
is to give notice or render any kind of service, persons of good moral character with special
which device or service requires the use in any qualifications duly ascertained and certified. The
degree of legal knowledge or skill. (Query of Atty. exercise of this privilege presupposes the
Karen M. Silverio-Buffe, A.M. No. 08-6-352-RTC, possession of integrity, legal knowledge,
August 19, 2009) educational attainment, and even public trust
since a lawyer is an officer of the court. A bar
Note: The practice of law is the rendition of legal candidate does not acquire the right to practice
service or performance of acts or the application law simply by passing the bar examinations. The
of law, legal principles, and judgment, in or out practice of law is a privilege that can be withheld
of court, with regard to the circumstances or even from one who has passed the bar
objectives of a person or a cause, and pursuant examinations if the person seeking admission had
to a lawyer-client relationship or other practiced law without a license. (Aguirre vs. Rana,
engagement governed by the CPRA. It includes B.M. No. 1036, June 10, 2003)
employment in the public service or private sector
and requires membership in the Philippine bar as The practice of law is a privilege clothed with
qualification. (Canon 3, Section 1, CPRA) public interest because a lawyer owes substantial
duties not only to his client, but also to his
b) Practice of Law as a Privilege, not brethren in the profession, to the courts, and to
a Right the nation, and takes part in one of the most

5
important functions of the State – the one may attain the highest eminence
administration of justice – as an officer of the without making much money.
court. To enjoy the privileges of practicing law, 2. A relation as an “officer of the court” to
lawyers must adhere to the rigid standards of the administration of justice involving
mental fitness, maintain the highest degree of thorough sincerity, integrity, and
morality, and faithfully comply with the rules of reliability.
the legal profession. (Floran vs. Ediza, A.C. No. 3. A relation to clients in the highest degree
5325, February 9, 2016) of fiduciary.
4. A relation to colleagues at the bar
The practice of law is not a property right, but a characterized by candor, fairness, and
mere privilege, and as such must bow to the unwillingness to resort to current business
inherent regulatory power of the court to exact methods of advertising and encroachment
compliance with the lawyer’s responsibilities. (In on their practice or dealing directly with
the Matter of the IBP Membership Dues their clients. (Agpalo, Legal and Judicial
Delinquency of Atty. Marcial A. Edillon, A.C. No. Ethics, 9th edition, pp. 13-14)
1928, August 3, 1978)
2. Supervision and Control of the Legal
Profession
c) Law as a Profession, Not a
Business or Trade Rule-making power of the Supreme Court.
Sec. 5 (5), Art. VIII of the 1987
The practice of law is a profession, a form of Constitution provides:
public trust, the performance of which is
entrusted to those who are qualified and who (5) Promulgate rules concerning the
possess good moral character. (Constantino vs. protection and enforcement of
Aransazo, Jr., A.C. No. 9701, February 10, 2021) constitutional rights, pleading, practice,
and procedure in all courts, the
The practice of law is not a business. It is a admission to the practice of law, the
profession in which the duty to public service, not integrated bar, and legal assistance to
money, is the primary consideration. Lawyering is the underprivileged. Such rules shall
not primarily meant to be a money-making provide a simplified and inexpensive
venture, and law advocacy is not a capital that procedure for the speedy disposition of
necessarily yields profits. The gaining of a cases, shall be uniform for all courts of
livelihood should be a secondary consideration. the same grade, and shall not diminish,
The duty to public service and to the increase, or modify substantive rights.
administration of justice should be the primary Rules of procedure of special courts and
consideration of lawyers, who must subordinate quasi-judicial bodies shall remain
their personal interests or what they owe to effective unless disapproved by the
themselves. (Bengco vs. Bernardo, A.C. No. Supreme Court.
6368, June 13, 2012)
The 1987 Constitution took away the power of
Elements to distinguish the legal Congress to repeal, alter, or supplement rules
profession from a business: concerning pleading, practice and procedure. In
fine, the power to promulgate rules of pleading,
1. A duty of public service, of which the practice and procedure is no longer shared by this
emolument is a by-product, and in which Court with Congress, more so with the Executive.

6
(Echegaray vs. Secretary of Justice, G.R. No. 2. SPECIAL GUIDELINES ON
132601, January 19, 1999) ADMISSION TO THE BASIC LAW
PROGRAM FOR ACADEMIC YEAR
While the power to define, prescribe, and (AY) 2022-2023:
apportion the jurisdiction of the various courts is,
by constitutional design, vested unto Congress, Section 1. Legal Education Institutions (LEIs) may
the power to promulgate rules concerning the implement their own reasonable admission
protection and enforcement of constitutional policies for the AY 2022-2023, which may include
rights, pleading, practice, and procedure in all the following:
courts belongs exclusively to this Court.
(Estipona, Jr. vs. Lobrigo, G.R. No. 226679, a. Documentary requirements;
August 15, 2017) b. Academic requirements;
c. Admissions Exam;
a. Requirements for Admission to Legal d. Interviews;
Practice/ Legal Education e. Essays;
f. Fees;
i. Pre-Law g. Retention Policy, in relation to
admissions; and,
Pre-law. No applicant for admission to the bar h. Other related standards.
examination shall be admitted unless he presents
a certificate that he has satisfied the Secretary of Section 2. The admission policy shall be designed
Education that, before he began the study of law, to sufficiently measure the preparedness of
he had pursued and satisfactorily completed in an applicants to enter law studies. The Juris Doctor
authorized and recognized university or college, Program is a professional doctorate, and as such,
requiring for admission thereto the completion of applicants should sufficiently demonstrate an
a four-year high school course, the course of aptitude for adult and independent study as well
study prescribed therein for a bachelor's degree as appropriate language, logic and critical skills.
in arts or sciences with any of the following Section 3. In implementing this Memorandum
subjects as major or field of concentration: Circular, all law schools shall submit an
political science, logic, English, Spanish, history Admission Report with the following components:
and economics. (Rule 138, Section 6, Rules of
Court) a. A letter explaining the admission policy
to be implemented by the school for AY
1. For Academic Year 2022-2023, the Board 2022-2023; and,
has issued LEBMC No. 109, allowing b. A copy of the admission exam or
Legal Education Institutions to exams administered, including its
implement their own reasonable description and design.
admission policies, subject to the
submission by them of an Admission Section 4. The Admission Report shall be
Report. (LEBMC No. 113, Series of 2022 submitted before the end of the first semester of
- Suspension of the Prerequisites for the AY 2022-2023. (LEBMC No. 109, Series of
Admission to the Law Program Under 2022, Special Guidelines on Admission to the
Sections 15 and 16 of the Legal Basic Law Program for AY 2022-2023)
Education Board Memorandum Order No.
1)

7
Note: PhilSAT not an absolute prerequisite Science subjects. Trite to point out, the LEB, in
in admission to law school, merely the exercise of the delegated police power of the
recommendatory State, may impose reasonable and minimum
qualifications of prospective law students for as
The Court is of the considered view that the long as it does not suppress the autonomy of the
requirement of the LEB for prospective students academic institution to choose its students.
to take the PhiLSAT does not per se render it (Oscar V. Pimentel, et.al. vs. Legal Education
unconstitutional for as long as the results will only Board, G.R. No. 230642, September 10, 2019)
be recommendatory, with the law schools
retaining the discretion to accept the applicant ii. Law Proper
based on their policies and standards. As an
eligibility requirement, though, the current Qualifications for Admission to the Bar (Bar
PhiLSAT is not a lawful method to attain the
Matter No. 1153)
lawful subject of the State. Requiring the schools
to accept only those who took and passed the
1. Citizenship
exam amounts to a dictatorial control of the
2. At least 21 years of Age
State, through LEB, and runs afoul of the intent
3. Of Good Moral Character
of the Constitution. (Oscar V. Pimentel, et.al. vs.
4. Resident of the Philippines
Legal Education Board, G.R. No. 230642,
5. Evidence of good moral character
September 10, 2019)
presented before the Supreme Court
Note: Prescribing six (6) units of
6. No charges against him, involving moral
Mathematics, eighteen (18) units of
turpitude, have been filed or are pending
English and eighteen (18) units of Social
in any court in the Philippines. (Rule 138,
Sciences as a pre-requisite to admission is
Sec. 2)
unconstitutional
7. Completed the course of study
prescribed therein for a bachelor’s
On Section 16 of LEBMO No. 1-2011, which
degree in an authorized and recognized
additionally requires a prescribed number of units
university, requiring for admission
in Mathematics, Science, and English for
thereto the completion of a four-year
admission, respondents argue that the said
high school course (Rule 138, Sec. 6)
requirement is a valid exercise of the State's
8. The following courses must be completed
supervisory regulatory power. Corollarily,
in law school to be a qualified individual
respondents assert that the existence of Rule 138
for the admission to the bar: Civil Law,
of the Rules of Court is of no moment as said rule
Commercial Law, Remedial Law, Criminal
concerns only admission to the Bar examinations,
Law, Public and Private International
not to law school.
Law, Political Law, Labor and Social
Legislation, Medical Jurisprudence,
Indeed, Rule 138 of the Rules of Court pertains
Taxation, Legal Ethics and Clinical Legal
only to the requirement of the Court anent the
Education Program. (AM No. 19-03-24-
Bar examinations, thus, irrelevant to the
SC, effective July 25, 2019)
determination of the validity of the questioned
9. Pass the Bar Examinations
provision. Nevertheless, Section 16 is still void as
10. Take the Lawyer’s Oath
it is couched in a language that effectively denies
11. Sign the Roll of Attorney’s and receive
the academic institution's autonomy to, at the
from the Clerk of Court of the SC a
very least, conditionally accept the student with
certificate and license to practice
deficient units in Mathematics, English, and Social

8
A Filipino Citizen who graduated from a foreign It is clear, therefore, that the privileges provided
law school shall be admitted to the bar in the Treaty invoked by the applicant are made
examination only upon submission to the expressly subject to the laws and regulations of
Supreme Court certifications showing: the contracting State in whose territory it is
desired to exercise the legal profession; and
a. completion of all courses leading to the Section 1 of Rule 127, in connection with Sections
degree of Bachelor of Laws or its 2, 9, and 16 thereof, which have the force of law,
equivalent degree; require that before anyone can practice the legal
b. recognition or accreditation of the law profession in the Philippines he must first
school by the proper authority; and successfully pass the required bar examinations;
c. completion of all the fourth year subjects
in the Bachelor of Laws academic (3) The aforementioned Treaty, concluded
program in a law school duly recognized
between the Republic of the Philippines and the
by the Philippine Government. (Bar
Spanish State could not have been intended to
Matter No. 1153)
modify the laws and regulations governing
Treaty on Academic Degrees and the admission to the practice of law in the Philippines,
Exercise of Profession Between the for the reason that the Executive Department
Republic of the Philippines and the Spanish
may not encroach upon the constitutional
State
prerogative of the Supreme Court to promulgate
The nationals of each of the two countries who rules for admission to the practice of law in the
shall have obtained recognition of the validity of Philippines, the power to repeal, alter or
their academic degrees by virtue of the supplement such rules being reserved only to the
stipulations of this Treaty, can practice their
Congress of the Philippines. (See Sec. 13, Art.
professions within the territory of the Other
VIII, Phil. Constitution). (In re: Garcia, UNAV
(Article III of Treaty on Academic Degrees and
the Exercise of Profession Between the Republic (Resolution), 15 August 1961, 112 Phil 884-886)
of the Philippines and the Spanish State)
iii. R.A. No. 7662 (Legal Education Reform
Summary table on applicability of the Act)
treaty:
Declaration of Policies:
Citizen Finished law in Practice law in Reciprocity
allowed?
1. To uplift the standards of legal education
Filipino Philippines Spain Yes in order to prepare law students for
advocacy, counselling, problem-solving,
Spanish Spain Philippines Yes
and decision-making, to infuse in them
Filipino Spain Philippines No the ethics of the legal profession;

Spanish Philippines Spanish No 2. To impress on them the importance,

nobility and dignity of the legal
profession as an equal and indispensable
Admission is still subject to the law and
partner of the Bench in the
regulations of the contracting State. administration of justice and to develop

9
 social competence.(Sec. 2(1), R.A. No. school. (Sec. 4, R.A. No. 7662,
7662, Legal Education Reform Act) Legal Education Reform Act)

Towards this end, the State shall undertake Term of Office and Compensation
appropriate reforms in the legal education
system, require proper selection of law students, Position Term of Office How Appointed
(no reappoint-
maintain quality among law schools, and require ment)
legal apprenticeship and continuing legal Chairman 5 years Appointed by the
education (Sec. 2(2), R.A. No. 7662, Legal Representative 5 years
President from a list of
at least three (3)
Education Reform Act) of the IBP
nominees prepared
Representative 3 years with prior authorization
of the PALS from the Supreme
Legal Education Board
Representative 3 years Court, by the Judicial
Composition of the Board of the PALP and Bar Council; no
confirmation required
Representative 1 year by the Commission on
1. Chairman, who shall preferably be a from the Ranks Appointments.
of Active Law
former justice of the Supreme Court or
Practitioners
Court of Appeals, Representative 1 year
2. Regular members: of the Law
Students' Sector
a. a representative of the
*In case of Unexpired Portion
Integrated Bar of the Philippines vacancy
(IBP); (Sec. 5(1), R.A. No. 7662, Legal Education
b. a representative of the Philippine Reform Act)
Association of Law Schools
(PALS); The Chairman and regular members of the Board
c. a representative of the Philippine shall have the same salary and rank as the
Association of Law Professors Chairman and members, respectively, of the
(PALP); Constitutional Commissions: Provided, That their
d. a representative from the ranks salaries shall not be diminished during their term
of active law practitioners; and, of office. (Sec. 5(2), R.A. No. 7662, Legal
e. a representative from the law Education Reform Act)
students' sector.
Powers and Functions
3. The Secretary of the Department of a. to administer the legal education system
Education, Culture and Sports, or his in the country in a manner consistent
representative, shall be an ex officio with the provisions of this Act;
member of the Board. b. to supervise the law schools in the
country, consistent with its powers and
The Chairman and regular members must also functions as herein enumerated;
be: c. to set the standards of accreditation for
a. natural-born citizen of the law schools taking into account, among
Philippines and members of the others, the size of enrollment, the
Philippine Bar, who have been qualifications of the members of the
engaged for at least ten (10) faculty, the library and other facilities,
years in the practice of law, and without encroaching upon the academic
b. in the teaching of law in a duly freedom of institutions of higher
authorized or recognized law learning;

10
 d. to accredit law schools that meet the
standards of accreditation; ii. R.A. No. 9225 (Dual Citizenship Act)
e. to prescribe minimum standards for law Civil and Political Rights and Liabilities - Those
admission and minimum qualifications who retain or re-acquire Philippine citizenship
and compensation of faculty members; under this Act shall enjoy full civil and political
f. to prescribe the basic curricula for the rights and be subject to all attendant liabilities
course of study aligned to the and responsibilities under existing laws of the
requirements for admission to the Bar, Philippines and the following conditions:
law practice and social consciousness, (4) Those intending to practice their profession in
and such other courses of study as may the Philippines shall apply with the proper
be prescribed by the law schools and authority for a license or permit to engage in such
colleges under the different levels of practice (Section 5(4), Dual Citizenship Act, R.A.
accreditation status; No. 9225)
g. to establish a law practice internship as a
requirement for taking the Bar which a A Filipino lawyer who becomes a citizen of
law student shall undergo with any duly another country is deemed never to have lost his
accredited private or public law office or Philippine citizenship if he reacquires it in
firm or legal assistance group anytime accordance with RA 9225. Although he is also
during the law course for a specific period deemed never to have terminated his
that the Board may decide, but not to membership in the Philippine bar, no automatic
exceed a total of twelve (12) months. For right to resume law practice accrues. (In the
this purpose, the Board shall prescribe Matter of the Petition for Leave to Resume
the necessary guidelines for such Practice of Law, Benjamin M. Dacanay, Petitioner,
accreditation and the specifications of B.M. No. 1678, December 17, 2007)
such internship which shall include the
actual work of a new member of the Bar. In pursuance to the qualifications laid down by
h. to adopt a system of continuing legal the Court for the practice of law, the OBC
education. For this purpose, the Board required the herein petitioner to submit the
may provide for the mandatory original or certified true copies of the following
attendance of practicing lawyers in such documents in relation to his petition: (In Re:
courses and for such duration as the Petition to Re-acquire the Privilege to Practice
Board may deem necessary; and Law in the Philippines, B.M. No. 2112, 24 July
i. to perform such other functions and 2012)
prescribe such rules and regulations 1. Petition for Re-Acquisition of Philippine
necessary for the attainment of the Citizenship;
policies and objectives of this Act. (Sec. 2. Order (for Re-Acquisition of Philippine
7, R.A. No. 7662, Legal Education Reform citizenship);
Act) 3. Oath of Allegiance to the Republic of the
Philippines;
b. Citizenship 4. Identification Certificate (IC) issued by
the Bureau of Immigration;
i. 1987 Constitution 5. Certificate of Good Standing issued by
The practice of all professions in the Philippines the IBP;
shall be limited to Filipino citizens, save in cases 6. Certification from the IBP indicating
prescribed by law. (Article XII, Section 14 of the updated payments of annual
1987 Philippine Constitution) membership dues;

11
 7. Proof of payment of professional tax; and Anthony de Zuzuarregui, B.M. No. 2796, February
8. Certificate of compliance issued by the 11, 2020)
MCLE Office.
d. Bar Examinations
c. Good Moral Character as a Prerequisite
to Bar Admission The Supreme Court shall have the following
powers:
Requirements for all applicants for admission to
the bar. — Every applicant for admission as a Promulgate rules concerning the protection and
member of the bar must be a citizen of the enforcement of constitutional rights, pleading,
Philippines, at least twenty-one years of age, of practice, and procedure in all courts, the
good moral character, and a resident of the admission to the practice of law, the integrated
Philippines; and must produce before the bar, and legal assistance to the under-privileged.
Supreme Court satisfactory evidence of good Such rules shall provide a simplified and
moral character, and that no charges against him, inexpensive procedure for the speedy disposition
involving moral turpitude, have been filed or are of cases, shall be uniform for all courts of the
pending in any court in the Philippines. (Rule 138, same grade, and shall not diminish, increase, or
Sec. 2, Rules of Court) modify substantive rights. Rules of procedure of
special courts and quasi-judicial bodies shall
Continued Possession of Good Moral remain effective unless disapproved by the
Character Supreme Court. (Art VIII, Sec. 5, The 1987
Constitution)
The nature of the office of an attorney at law Committee of examiners. — Examinations shall
requires that he shall be a person of good moral be conducted by a committee of bar examiners to
character. This qualification is not only a be appointed by the Supreme Court. This
condition precedent to admission to the practice committee shall be composed of a Justice of the
of law; its continued possession is also essential Supreme Court, who shall act as chairman, and
for remaining in the practice of law, in the who shall be designated by the court to serve for
exercise of privileges of members of the Bar. (A. one year, and eight members of the bar of the
M. No. 2104, Melendrez vs Decena, August 24, Philippines, who shall hold office for a period of
1989) one year. The names of the members of this
committee shall be published in each volume of
The dismissal of all the other criminal charges the official reports. (Sec. 12, Rule 138, Rules of
against respondent, coupled with the various Court)
certifications of good moral character in his favor,
is sufficient for the Court to conclude that Disciplinary measures. — No candidate shall
respondent possesses the moral qualifications endeavor to influence any member of the
required of lawyers. Though it is true that the committee, and during examination the
practice of law is not a right but a privilege, the candidates shall not communicate with each
Court will not unjustifiably withhold this privilege other nor shall they give or receive any
from respondent, who has clearly shown that he assistance. The candidate who violates these
is both intellectually and morally qualified to join provisions, or any other provision of this rule,
the legal profession. And so, after almost six shall be barred from the examination, and the
years of waiting, the Court finally grants same to count as a failure against him, and
respondent's prayer for admission to the further disciplinary action, including permanent
Philippine Bar. (Enrique Javier de Zuzuarregui vs.

12
disqualification, may be taken in the discretion of Law and to allocate fifteen percentage points
the court. (Sec. 13, Rule 138, Rules of Court) among the seven bar examination subjects.

Failing candidates to take review course. — By transmitting and distributing the stolen test
Candidates who have failed the bar examinations questions to some members of the Beta Sigma
for three times shall be disqualified from taking Lambda Fraternity, possibly for pecuniary profit
another examination unless they show the and to give them undue advantage over the other
satisfaction of the court that they have enrolled examiners in the mercantile law examination, De
in and passed regular fourth year review classes Guzman abetted cheating or dishonesty by his
as well as attended a pre-bar review course in a fraternity brothers in the examination, which is
recognized law school. violative of Rule 1.01 of Canon 1, as well as
Canon 7 of the Code of Professional
The professors of the individual review subjects Responsibility for members of the Bar.
attended by the candidates under this rule shall
certify under oath that the candidates have De Guzman was guilty of grave misconduct
regularly attended classes and passed the unbecoming a member of the Bar. He violated the
subjects under the same conditions as ordinary law instead of promoting respect for it and
students and the ratings obtained by them in the degraded the noble profession of law instead of
particular subject. (Sec. 16, Rule 138, Rules of upholding its dignity and integrity. His actuations
Court) impaired public respect for the Court, and
damaged the integrity of the bar examinations as
Unauthorized practice of law shall be a ground for the final measure of a law graduate’s academic
revocation of the law student practitioner's preparedness to embark upon the practice of law.
certification and/or disqualification for a law (Re: 2003 Bar Examinations, B.M. No. 1222
student from taking the bar examination for a February 4, 2004)
period to be determined by the Supreme Court.
(Sec. 13(a), Rule 138-A, A.M No. 19-03-24-SC) e. The Revised Lawyer’s Oath, as
promulgated by the Supreme Court last 11
2025 Bar Examinations (Subject - Weight) April 2023 repealing the oath found in Rule
1. Political and Public International Law - 138 of the Rules of Court, as amended.
15%
2. Commercial and Taxation Laws - 20% Revised Lawyer’s Oath
3. Civil Law - 20%
4. Labor Law and Social Legislations - 10% I, ______ do solemnly swear that I accept the
5. Criminal Law - 10% honor, privilege, duty, and responsibility of
6. Remedial Law, Legal and Judicial Ethics practicing law in the Philippines as an officer of
with Practical Exercises - 25% (Conduct the court in the interest of our people.
of 2025 Bar Examinations: Modality,
Coverage, Schedule and Syllabi, Bar I declare fealty to the Constitution of the Republic
Bulletin No. 1, September 16, 2024) of the Philippines.

Following the 2003 Bar Examinations, Justice In so doing, I shall work towards promoting the
Jose C. Vitug was apprised of a rumored leakage rule of law in a regime of truth, justice, freedom,
in the examination on Mercantile Law. The Court love, equality, and peace.
resolved to nullify the examination in Mercantile

13
I shall conscientiously and courageously work for 4. A lawyer's oath is one impressed with the
justice as well as safeguard the rights and utmost seriousness; it must not be taken
meaningful freedoms of all persons, identities, lightly. Every lawyer must do his best to live
and communities. I shall ensure greater and up to it. There would be a failure of justice if
equitable access to justice. courts cannot rely on the submission as well
as the representations made by lawyers,
I shall do no falsehood, nor shall I pervert the insofar as the presentation of evidence,
law to unjustly favor or prejudice anyone whether oral or documentary, is concerned
(Berenguer vs. Carranza, A.C. No. 716,
I shall faithfully discharge these duties and January 30, 1969).
responsibilities to the best of my ability, with 5. One's admission to the Bar is by no means a
integrity and utmost civility. license to gloss over the loopholes in
legislation, to hijack the legal processes, or
I impose upon myself without mental reservation to manipulate the technical decisions of
nor purpose of evasion so help me God. those unlearned in law. Among the sworn
obligations of attorneys upon taking the
Importance of the Lawyer’s Oath Lawyer's Oath is to uphold the Constitution
and obey the laws of the land at all times,
1. The lawyer’s oath is not a mere ceremony or never to waver even if vices of luxury,
formality for practicing law. Every lawyer convenience, and worldly excesses tempt
should at all times weigh his actions them so (Partsch vs. Vitorillo, A.C. No.
according to the sworn promises he makes 10897, January 4, 2022, J. Hernando).
when taking the lawyer’s oath. If all lawyers
conducted themselves strictly according to Significance of the Lawyer’s Oath
the lawyer’s oath and the Code of
Professional Responsibility, the The significance of the oath is that it not only
administration of justice will undoubtedly be impresses upon the attorney his responsibilities
fairer, faster, and easier for everyone but it also stamps him as an officer of the court
concerned (In re: AI C. Argosino, B.M. No. with rights, powers and duties as important as
712, March 19, 1997). those of the judges themselves. It is a source of
2. By taking the lawyer’s oath, a lawyer his obligations and its violation is a ground for his
becomes a guardian of truth and the rule of suspension, disbarment or other disciplinary
law and an indispensable instrument in the action. (Agpalo, Legal Ethics, 1992 ed., p. 59).
fair and impartial administration of justice.
Good moral character includes, at least, The Lawyer’s Oath is a source of obligations and
common honesty. Deception and other duties of every lawyer. It is not a mere ceremony
fraudulent acts are not merely unacceptable or formality that only needs to be memorized as
practices that are disgraceful and one of the requirements in the admission to the
dishonorable; they reveal a basic moral flaw Bar. It is a solemn agreement which reminds the
(Olbes vs. Deciembre, A.C. No. 5364, April, members of the Bar to uphold the rule of law and
2005). to champion justice at all times. It is a pledge that
3. The lawyer’s oath is not mere facile words, must be ingrained in the heart of every lawyer
drift and hollow, but a sacred trust that must reflecting his actions not only in the practice of
be upheld and kept inviolable (Sebastian vs. his legal profession but also in his personal life.
Calis, Adm. Case No. 5118, September 9, Any conduct unbecoming of a lawyer constitutes
1999). a violation of his oath. Any violation of the oath

14
may be punished with either disbarment, or Re: Petition To Sign In the Roll of Attorneys, B.M.
suspension from the practice of law, or other No. 2540 September 24, 2013)
commensurate disciplinary action (Harper v.
Ibanez, A.C. No. 10364, September 7, 2020). The regulation of the practice of law is
unquestionably strict. In Beltran, Jr. v. Abad, a
f. Signing of the Roll candidate passed the bar examinations but had
not taken his oath and signed the Roll of
Attorney's roll. — The clerk of the Supreme Court Attorneys. He was held in contempt of court for
shall keep a roll of all attorneys admitted to practicing law even before his admission to the
practice, which roll shall be signed by the person Bar. Under Section 3 (e) of Rule 71 of the Rules
admitted when he receives his certificate. (Sec. of Court, a person who engages in the
19, Rule 138, Rules of Court) unauthorized practice of law is liable for indirect
contempt of court.
Petitioner has been engaged in the practice of law
since 1980, a period spanning more than 30 True, respondent here passed the 2000 Bar
years, without having signed in the Roll of Examinations and took the lawyer’s oath.
Attorneys. He justifies this behavior by However, it is the signing in the Roll of Attorneys
characterizing his acts as "neither willful nor that finally makes one a full-fledged lawyer. The
intentional but based on a mistaken belief and an fact that respondent passed the bar examinations
honest error of judgment." We disagree. While an is immaterial. Passing the bar is not the only
honest mistake of fact could be used to excuse a qualification to become an attorney-at-law. The
person from the legal consequences of his acts as respondent should know that two essential
it negates malice or evil motive, a mistake of law requisites for becoming a lawyer still had to be
cannot be utilized as a lawful justification, performed, namely: his lawyer’s oath to be
because everyone is presumed to know the law administered by this Court and his signature in
and its consequences. Ignorantia facti excusat; the Roll of Attorneys. (Donna Marie S. Aguirre vs.
ignorantia legis neminem excusat. Edwin L. Lana, B. M. No. 1036, June 10, 2003)

Applying these principles to the case at bar,

3. Continuing Requirements for
Medado may have at first operated under an
Membership in the Bar
honest mistake of fact when he thought that what
he had signed at the PICC entrance before the
oath-taking was already the Roll of Attorneys. The following are the continuing requirements for
However, the moment he realized that what he a member in the bar:
had signed was merely an attendance record, he
1. Payment of Professional Tax
could no longer claim an honest mistake of fact
2. Membership in the IBP
as a valid justification. At that point, Medado
3. Payment of IBP dues
should have known that he was not a full-fledged
4. Good and regular standing
member of the Philippine Bar because of his
5. Compliance with the MCLE
failure to sign in the Roll of Attorneys, as it was
6. Faithful observance of the rules and ethics of
the act of signing therein that would have made
the legal profession
him so. When, in spite of this knowledge, he
7. Citizenship
chose to continue practicing law without taking
the necessary steps to complete all the
Membership in the IBP
requirements for admission to the Bar, he willfully
engaged in the unauthorized practice of law. (In

15
There is nothing in the law or rules which allows (c) The Chief Justice and Associate Justices
exemption from payment of membership dues. At of the Supreme Court, incumbent and
most, as correctly observed by the IBP, he could retired members of the judiciary,
have informed the Secretary of the Integrated incumbent members of the Judicial and
Bar of his intention to stay abroad before he left. Bar Council and incumbent court lawyers
In such case, his membership in the IBP could covered by the Philippine Judicial
have been terminated and his obligation to pay Academy program of continuing judicial
dues could have been discontinued. (Letter of education;
Atty. Cecilio Y. Arevalo, Jr. requesting exemption (d) The Chief State Counsel, Chief State
from payment of IBP dues, B.M. No. 1370, May Prosecutor and Assistant Secretaries of
9, 2005) the Department of Justice;
(e) The Solicitor General and the Assistant
Payment of IBP Dues Solicitors General;
(f) The Government Corporate Counsel,
Non Payment of IBP Dues Deputy and Assistant Government
Corporate Counsel;
Default in the payment of annual dues for six (g) The Chairmen and Members of the
months shall warrant suspension of membership Constitutional Commissions;
in the Integrated Bar, and default in such (h) The Ombudsman, the Overall Deputy
payment for one year shall be a ground for the Ombudsman, the Deputy Ombudsman
removal of the name of the delinquent member and the Special Prosecutor of the Office
from the Roll of Attorneys. (Rule 139-A, Sec. 10) of the Ombudsman;
(i) Heads of government agencies
Compliance with MCLE exercising quasi-judicial functions;
(j) Incumbent deans, bar reviewers and
General Rule: Continuing legal education is professors of law who have teaching
required of members of the Integrated Bar of the experience for at least ten (10) years in
Philippines (IBP) to ensure that throughout their accredited law schools;
career, they keep abreast with law and (k) The Chancellor, Vice-Chancellor and
jurisprudence, maintain the ethics of the members of the Corps of Professors and
profession and enhance the standards of the Professorial Lecturers of the Philippine
practice of law. (Rule 1, Mandatory Continuing Judicial Academy; and
Legal Education (MCLE) Adopting the Rules on (l) Governors and Mayors. (Sec.1)
Mandatory Continuing Legal Education for (m) Those who are not in law practice,
Members of the Integrated Bar of the Philippines, private or public.
B.M. No. 850, August 22, 2000) (n) Those who have retired from law practice
with the approval of the IBP Board of
Exceptions: The following members of the Bar are Governors. (Sec. 2)
exempt from the MCLE requirement:
Citizenship
(a) The President and the Vice President of
the Philippines, and the Secretaries and Loss of Citizenship
Undersecretaries of Executive General Rule: The loss of Filipino citizenship ipso
Departments; jure terminates the privilege to practice law in the
(b) Senators and Members of the House of Philippines. The practice of law is a privilege
Representatives; denied to foreigners.

16
 In the court of a justice of the peace a party may
Exception: A Filipino lawyer who becomes a conduct his litigation in person, with the aid of an
citizen of another country is deemed never to agent or friend appointed by him for the purpose,
have lost his Philippine citizenship if he reacquires or with the aid of an attorney. In any other court,
it in accordance with RA 9225. a party may conduct his litigation personally or by
Note: Although he is also deemed never to have aid of an attorney, and his appearance must be
terminated his membership in the Philippine bar, either personal or by a duly authorized member
no automatic right to resume law practice of the bar. (Rule 138, Sec. 34)
accrues.
Non-lawyers may appear before the Commission
4. Authorized representation by non- or any Labor Arbiter only:
Lawyers
a. If they represent themselves; or
General Rule: Only those who are licensed to b. If they represent their organization or
practice law can appear and handle cases in members thereof. (Article 222, P.D. No.
court. (Rule 138, Sec. 1) 442)

Exceptions: A non-lawyer can represent a claimant before the

a. Law Student practice Cadastral Court. (Sec. 9, Act. No. 2259)
b. Non-lawyers in court can appear for a party
in the MTC Limitations on Appearance of Non-lawyers
c. Non-lawyers can represent parties in Before the Courts:
administrative tribunals such as NLRC,
DARAB, and Cadastral Courts a. He must confine his work to non-adversarial
contentions.
Prohibited Practice of Non-Lawyers and b. His services must not be habitually rendered.
Appearance Without Authority c. He should not charge or collect attorney’s
fees. (Lijauco vs. Terrado, A.C. No. 6317,
Generally, only those who are duly admitted as August 31, 2006)
members of the bar, or admitted as such in
accordance with the provisions of the Rules of a) Law Student Practice Rule (Rule
Court, and who are in good or regular standing, 138-A, as amended by A.M. No. 19-
are entitled to practice law (Rule 138, Sec. 1), 03-24-SC)
except in the following cases:
A law student who has successfully enrolled in a
Law Student Practice Rule (Rule 138-A, recognized law school’s clinical legal education
Rules of Court) program (CLEP) approved by the Supreme Court,
may appear without compensation in any civil,
Any official or other person appointed or criminal, or administrative case before any trial
designated in accordance with law to appear for court, tribunal, board, or officer, to represent
the Government of the Philippines shall have all indigent clients accepted by the legal clinic of the
the rights of a duly authorized member of the bar law school. (Rule 138-A, Sec. 1)
to appear in any case in which said government
has an interest direct or indirect. (Rule 138, Sec. Any appearance of the law student shall be under
33) the direct supervision and control of a member of

17
the Integrated Bar of the Philippines, accredited person must be an authorized member of
by the law school. (Rule 138-A, Sec. 2) the Bar. After judgment, he cannot claim
that he was not properly represented. (Rule
The limited practice of law by students covers the 138, Sec. 34)
following: c. A criminal case before the MTC in a locality
where a duly licensed member of the Bar is
1. Appearances not available. A judge may appoint a non-
2. Drafting and submission of pleadings and lawyer who is a:
documents before trial and appellate courts 1. A resident of the province
and quasi-judicial and administrative bodies 2. Of good repute for probity and ability to
3. Assistance in mediation and other alternative aid the accused in his defense (Rule
modes of dispute resolution 116, Sec. 7)
4. Legal counseling and advice d. Under the Cadastral Act, any person claiming
5. And other activities coved by CLEP any interest in any part of the lands, whether
named in the notice or not, shall appear
Privileged Communication between the attorney before the Court by himself, or by some
(law student) and the client shall apply to similar person in his behalf and shall file an answer
communications made to or received by the on or before the return day or within such
student, acting for the legal clinic. The law further time as may be allowed by the
student shall comply with the standards of Court. (Sec. 9, Act No. 2259)
professional conduct governing members of the
Bar. Failure of an attorney to provide adequate ii. Labor Code
supervision of student practice may be a ground
for disciplinary action. (Rule 138-A, Sec. 3) 1. Any official or other person appointed or
designated to appear for the Government of
A law student may appear before an inferior court the Philippines in accordance with the law.
as an agent or friend of a party without the (Rule 138, Sec. 33)
supervision of a member of the bar. (Cruz vs. 2. A non-lawyer may appear in any of the
Mina, G.R. No. 154207, April 27, 2007) proceedings before the Labor Arbiter or
Commission only if he/she represents
b. Non-Lawyers Authorized to Appear in himself/herself under the following
Courts, Quasi-Judicial Agencies or conditions:
Arbitration Tribunals a. As a party to the case;
b. The owner or president of a corporation
i. Act No. 2259 (Cadastral Act) which is a party to the case;
c. A duly-accredited member of any legal
a. In civil cases before the MTC, a party to the aid office recognized by the Integrated
litigation may conduct his litigation in Bar of the Philippines or Department of
person, with the aid of an agent or friend Justice;
appointed by him for that purpose. (Rule d. A legitimate labor organization which is a
138, Sec. 34) party to the case; or
b. In any other court, a party may conduct his e. A member or members of a legitimate
litigation personally. A non-lawyer labor organization that is existing within
conducting his litigation is bound by the the employer’s establishment, who are
same rules in the conducting of the trial parties to the case. [Rule III, Sec. 6(b),
case. If he gets someone to aid him, that 2011 NLRC Rules of Procedure]

18
 generally authorize the local chief executive to
iii. Department of Agrarian Reform represent the local government unit (LGU) in its
Adjudication Board (DARAB) [R.A. official business transactions, sign official
No. 6657 as amended by R.A. No. documents and contracts on behalf of the LGU,
9700] and ensure the delivery of basic services.

1. A non-lawyer may represent a party before It does not automatically authorize the local chief
the Department of Agrarian Reform executive to appear as “legal counsel”. The
Adjudication Board (DARAB) or any of the representation referred to here primarily
Adjudicators, if: concerns official functions—signing contracts,
a. He/she represents himself, herself as a party official communications, and similar non-legal
to the case; activities. (Sec. 389(b)(1), Sec. 444(b)(1)(vi),
b. He represents his farmer’s organization or Sec. 455(b)(1)(vi), Sec. 465(b)(1)(vi), R.A. 7160)
members, provided that he shall present
proof of authority from the organization or its v. Rules of Procedure for Small Claims
members or such authority duly signed by the Cases [A.M. 08-8-7 SC (Rules on
CEO, President, Head or Chair of the Expedited Procedures in The First Level
organization. Courts)]

c. He/she is a law student who has successfully In small claims proceedings, lawyers are not
completed his third year of the regular allowed to represent parties. Consequently, a
four0year prescribed law curriculum and is litigant can appear on his or her own behalf. (A.M.
enrolled in a recognized law school’s CLEP No. 08-8-7-SC)
approved by the Supreme Court; or
No attorney shall appear in behalf of or represent
d. He is a DAR Legal Officer which must have a party at the hearing, unless the attorney is the
the authority and be under the direct plaintiff or defendant.
supervision and control of the Chief Legal
Division. (Rule VIII, Sec. 44, 2021 If the court determines that a party cannot
Department of Agrarian Reform Adjudication properly present his/her claim or defense and
Board Revised Rules of Procedure) needs assistance, the court may, in its discretion,
allow another individual who is not an attorney to
iv. Local Government Code [R.A. No. assist that party upon the latter’s consent. (Sec.
7160 (Local Government Code)] 19, A.M. No. 08-8-7-SC)

While R.A. No. 7160 (the Local Government Code vi. R.A. No. 9285 (The Alternative
of 1991) does not directly confer a blanket Dispute Resolution Act of 2004)
authority for non-lawyers to practice law or
appear as counsel in courts, it does set out Under R.A. No. 9285 parties enjoy flexibility in
various provisions granting certain local officials choosing their representatives for arbitration,
or bodies a representative capacity in specific mediation, and related ADR processes. This
contexts. Some of these may involve quasi- flexibility allows non-lawyers (including technical
judicial or administrative proceedings. experts, commercial advisors, or trusted family
representatives) to appear and advocate for or
The power of local chief executives as provided assist a party within the confines of the private
for in the provisions of the administrative code, ADR mechanism. However, when judicial

19
intervention is necessary—whether for (Section 415 of Local Government Code of 1991,
confirmation, recognition, enforcement, or Republic Act No. 7160, October 10, 1991)
annulment of an arbitral award or a mediated
settlement—the party must be represented by a The prohibition against the presence of a lawyer
duly licensed attorney in accordance with in a barangay conciliation proceedings was not,
Philippine laws on the practice of law. to be sure, lost on respondent. Her defense that
the aforequoted Section 415 of the LGC does not
In international arbitration conducted in the apply since complainant addressed her Sumbong
Philippines, a party may be represented by any to the barangay captain of Brgy. San Pascual who
person of his choice: Provided, that such thereafter proceeded to hear the same is
representative, unless admitted to the practice of specious at best. In this regard, suffice it to state
law in the Philippines, shall not be authorized to that complainant wrote her Sumbong with the
appear as counsel in any Philippine court, or any end in view of availing herself of the benefits of
other quasi-judicial body whether or not such barangay justice. That she addressed her
appearance is in relation to the arbitration in Sumbong to the barangay captain is really of little
which he appears. (Sec. 22, R.A. No. 9285) moment since the latter chairs the Lupong
Tagapamayapa.
c. Proceedings Where Lawyers are
Prohibited to Appear as Counsels Given the above perspective, we join the IBP
Commission on Bar Discipline in its determination
General Rule: Lawyers are prohibited from that respondent transgressed the prohibition
appearing on the following: prescribed in Section 415 of the LGC. However,
1. Proceedings before the Katarungang its recommended penalty of mere admonition
PamBarangay (Sec. 415, Local Government must have to be modified. Doubtless,
Code of 1991). respondent's conduct tended to undermine the
2. Under the “Indigenous People’s Rights Act of laudable purpose of the Katarungan
1997” (Rule IV, Sec. 10[c], Administrative Pambarangay system. What compounded
Circular No. 1 Series of 2003). matters was when respondent repeatedly ignored
3. Under the Rule of Procedure for Small Claims complainant's protestation against her continued
(A.M. No. 08-8-7-SC, effective October 01, appearance in the barangay conciliation
2008) proceedings. (Magno v. Velasco-Jacoba, A.C. No.
6296 (Resolution), (22 November 2005)
Exception: If the attorney is the plaintiff or
defendant, appearing in his/her capacity as a ii. Rules of Procedure for Small Claims [A.M.
member of the council of elders, or he/she has an 08-8-7-SC (Rules on Expedited Procedures
obligation as the member of the Indigenous in The First Level Courts)]
People’s community. (Rule IV, Sec. 10[c],
Administrative Circular No. 1 Series of 2003) Small Claims Cases, as defined hereunder, where
the claim does not exceed One Million Pesos
i. R.A. No. 7160 (Local Government Code) (P1,000,000.00), exclusive of interest and costs.
In all Katarungang Pambarangay proceedings, (Section 2, A. Civil Cases, Rule I of Rules on
the parties must appear in person without the Expedited Procedures in the First Level Courts,
assistance of counsel or representative, except A.M. No. 08-8-7-SC, March 1, 2022)
for minors and incompetents who may be
assisted by their next-of-kin who are not lawyers. Appearance through a representative must be for
a valid cause. The representative of an individual-

20
party must not be a lawyer. Juridical entities shall Commissions, or the Office of the Ombudsman,
not be represented by a lawyer in any capacity or as Secretaries, Undersecretaries, chairmen or
(Par. 2, Section 17, Rule IV of Rules on Expedited heads of bureaus or offices, including
Procedures in the First Level Courts, A.M. No. 08- government-owned or controlled corporations
8-7-SC, March 1, 2022) and their subsidiaries. (Section 13, Article VII of
the 1987 Constitution)
5. Public Officials Prohibited to Engage in
the Private Practice of Law b. Senators and Members of the House of
Representatives [1987 Constitution]
Private practice of law defined
Essentially, the word private practice of law No Senator or Member of the House of
implies that one must have presented himself to Representatives may personally appear as
be in the active and continued practice of the counsel before any court of justice or before the
legal profession and that his professional services Electoral Tribunals, or quasi-judicial and other
are available to the public for a compensation, as administrative bodies. Neither shall he, directly or
a source of his livelihood or in consideration of his indirectly, be interested financially in any contract
said services (People v. Villanueva, G.R. No. L- with, or in any franchise or special privilege
19450, 27 May 1965) granted by the Government, or any subdivision,
agency, or instrumentality thereof, including any
[A]n individual or organization engaged in the government-owned or controlled corporation, or
business of delivering legal services. (Gary its subsidiary, during his term of office. He shall
Munneke, Opportunities in Law Careers [VGM not intervene in any matter before any office of
Career Horizons: Illinois), 1986], p. 15) the Government for his pecuniary benefit or
where he may be called upon to act on account
a. President, Vice-President, Members of of his office. (Section 14, Article VI of the 1987
the Cabinet, their deputies and assistants Constitution)
[1987 Constitution]
Intervention instead of appearance as
The President, Vice-President, the Members of counsel, also not allowed.
the Cabinet, and their deputies or assistants shall
not, unless otherwise provided in this Whether in intervening in the SEC Case,
Constitution, hold any other office or employment Assemblyman Fernandez is, in effect, appearing
during their tenure. They shall not, during said as counsel, albeit indirectly, before an
tenure, directly or indirectly, practice any other administrative body in contravention of the
profession, participate in any business, or be Constitutional provision.
financially interested in any contract with, or in
any franchise, or special privilege granted by the And what is more, before he moved to intervene,
Government or any subdivision, agency, or he had signified his intention to appear as counsel
instrumentality thereof, including government- for respondent Eustaquio T. C. Acero, but which
owned or controlled corporations or their was objected to by petitioners. Realizing,
subsidiaries. They shall strictly avoid conflict of perhaps, the validity of the objection, he decided,
interest in the conduct of their office. instead, to "intervene" on the ground of legal
The spouse and relatives by consanguinity or interest in the matter under litigation.
affinity within the fourth civil degree of the
President shall not, during his tenure, be Under those facts and circumstances, we are
appointed as Members of the Constitutional constrained to find that there has been an indirect

21
"appearance as counsel before ... an or controlled corporations or their subsidiaries.
administrative body" and, in our opinion, that is a (Section 2, Ibid)
circumvention of the Constitutional prohibition.
The "intervention" was an afterthought to enable d. Ombudsman and their deputies [1987
him to appear actively in the proceedings in some Constitution]
other capacity. To believe the avowed purpose,
that is, to enable him eventually to vote and to During their tenure, they shall be subject to the
be elected as Director in the event of an same disqualifications and prohibitions as
unfavorable outcome of the SEC Case would be provided for in Section 2 of Article 1X-A of this
pure naivete. He would still appear as counsel Constitution (Par. 2, Section 8, Article XI of the
indirectly. 1987 Constitution)

A ruling upholding the "intervention" would make e. Judges and court employees of superior
the constitutional provision ineffective. All an courts
Assemblyman need do, if he wants to influence
an administrative body is to acquire a minimal The Congress shall prescribe the qualifications of
participation in the "interest" of the client and judges of lower courts, but no person may be
then "intervene" in the proceedings. That which appointed judge thereof unless he is a citizen of
the Constitution directly prohibits may not be the Philippines and a member of the Philippine
done by indirection or by a general legislative act Bar. (Par. 2, Section 7, Article VIII of the 1987
which is intended to accomplish the objects Constitution)
specifically or impliedly prohibited. (Eugenio J.
Puyat et.al., v. Hon. Sixto T.J. De Guzman, Jr., f. All governors, city and municipal mayors
et.al., G.R. No. L-51122, March 25, 1982) (R.A. No. 7160, Sec. 90[a])

c. Members of the Constitutional Practice of Profession. — (a) All governors, city

Commissions [1987 Constitution] and municipal mayors are prohibited from
practicing their profession or engaging in any
Constitutional Commissions: occupation other than the exercise of their
1. The Civil Service Commission, functions as local chief executives. (Section 90,
2. The Commission on Elections Local Government Code of 1991, Republic Act No.
3. The Commission on Audit (Section 1, 7160, October 10, 1991)
Article IX-A of the 1987 Constitution)
g. All other government officials and
No member of a Constitutional Commission shall, employees (Section 7(b)(2), R.A. No. 6713,
during his tenure, hold any other office or in relation to Memorandum Circular 17,
employment. Neither shall he engage in the series of 1986 of the Office of the President
practice of any profession or in the active and Sec.12, Rule XVIII of the Revised Civil
management or control of any business which, in Service Rules
any way, may be affected by the functions of his
office, nor shall he be financially interested, Prohibited Acts and Transactions.— In addition
directly or indirectly, in any contract with, or in to acts and omissions of public officials and
any franchise or privilege granted by the employees now prescribed in the Constitution
Government, any of its subdivisions, agencies, or and existing laws, the following shall constitute
instrumentalities, including government-owned prohibited acts and transactions of any public

22
official and employee and are hereby declared to ministry or agency in accordance with Section 12,
be unlawful: Rule XVIII of the Revised Civil Service Rules,
xxx which provides:
(b) Outside employment and other activities
related thereto.— Public officials and employees “Section 12. No officer or employee shall engage
during their incumbency shall not: directly in any private business, vocation, or
profession or be connected with any commercial,
(1) Own, control, manage or accept credit, agricultural, or industrial undertaking
employment as officer, employee, consultant, without a written permission from the head of
counsel, broker, agent, trustee or nominee in Department: Provided, That this prohibition will
any private enterprise regulated, supervised or be absolute in the case of those officers and
licensed by their office unless expressly allowed employees whose duties and responsibilities
by law; require that their entire time be at the disposal of
the Government: Provided, further, That if an
(2) Engage in the private practice of their employee is granted permission to engage in
profession unless authorized by the Constitution outside activities, the time so devoted outside of
or law, provided, that such practice will not office hours should be fixed by the chief of the
conflict or tend to conflict with their official agency to the end that it will not impair in any
functions; or way the efficiency of the officer or employee: And
provided, finally, That no permission is necessary
(3) Recommend any person to any in the case of investments, made by an officer or
position in a private enterprise which has a employee, which do not involve any real or
regular or pending official transaction with their apparent conflict between his private interests
office. and public duties, or in any way influence him in
the discharge of his duties, and he shall not take
These prohibitions shall continue to apply part in the management of the enterprise or
for a period of one (1) year after resignation, become an officer or member of the board of
retirement, or separation from public office, directors”, (Memorandum Circular No. 17 by the
except in the case of subparagraph (b) (2) President of the Philippines, September 4,1986)
above, but the professional concerned cannot
practice his profession in connection with any Rationale for the Prohibitions and
matter before the office he used to be with, in Disqualifications
which case the one-year prohibition shall likewise
Private lawyers who, during their tenure in
apply. (Section 7(b) Code of Conduct and Ethical
government service, had possessed the power to
Standards for Public Officials and Employees, influence the outcome of the proceedings, are
Republic Act No. 6713, February 20, 1989) bound to enjoy an undue advantage over other
private lawyers because of their substantial
Memorandum Circular No. 1025 dated November access to confidential information on the matter
25, 1977 “PROHIBITING ANY GOVERNMENT (including the submissions of a counter-party), as
OFFICIAL AND EMPLOYEE FROM ACCEPTING well as to the government's resources dedicated
to process/resolve the same (including contacts
PRIVATE EMPLOYMENT IN ANY CAPACITY
in the institution where the matter is pending).
WITHOUT PRIOR AUTHORITY OF THE OFFICE
OF THE PRESIDENT,” is hereby revoked. Thus, to obviate the temptation of these
government lawyers to exploit the information,
The authority to grant permission to any official contacts, and influence garnered while in the
or employee shall be granted by the head of the service when they leave for private practice, the
prohibition under Rule 6.03 was formulated. (In

23
Re: Atty. Romulo P. Atencia, A.C. No. 8911, July 6. Ombudsman and his deputies (Article IX,
08, 2019) Sec 8[2], 1987 Constitution)
7. All governors, city and municipal mayors
There are two theories on the prohibition and (Section 90, R.A. No. 7160)
disqualification of former government attorneys: 8. Members of the Judicial Bar Council ((Article
IX-A, Sec. 2, 1987 Constitution)
1. The “adverse-interest conflict” 9. Those prohibited by special law. (Query of
A former government lawyer is enjoined from Atty. Karen M. Silverio-Buffe, A.M. No. 08-6-
representing a client in private practice if the 352-RTC, August 19, 2009)
matter is substantially related to a matter that the
6. Lawyers with Limitations to their Legal
lawyer dealt with while employed by the Practice
government and if the interests of the current
and former clients are adverse. (PCGG vs. The following lawyers have limitation to their
Sandiganbayan, et al. G.R. Nos. 151809-12, April legal practice
12, 2005) a. Members of Congress who are lawyers (Article
VI, Section 14, 1987 Constitution)
2. The “congruent-interest conflict” b. Vice Governor, Vice-Mayor, members of the
The disqualification does not really involve a local sanggunian [Section 90 of R.A. No. 7160
conflict at all, as it prohibits the lawyer from (Local Government Code)]
representing a private practice client even if the c. Government lawyers authorized to engage in
interests of the former government client and the limited law practice
new client are entirely parallel. (PCGG vs. d. Retired Judges and Justices [R.A. No. 910, as
Sandiganbayan, et al. G.R. Nos. 151809-12, April amended]
12, 2005) e. The rules on Small Claims and Katarungang
Pambarangay
Prohibitions and Disqualifications of f. Former government lawyers cannot engage in
Former Government Attorneys the private practice of law within one year from
resignation, retirement, or separation from public
a) Public Officials Who Cannot office in connection with any matter before the
Practice Law or Can Practice Law office he used to be with [R.A No. 6713]
with Restrictions
a. Members of Congress who are lawyers
The following individuals/authorities are not
No Senator or Member of the House of
allowed to engage in the private practice of law:
Representatives may personally appear as
1. Judges and other officials as employees of
counsel before any court of justice or before the
the Supreme Court (Section 35, Rule 138,
Electoral Tribunals, or quasi-judicial and other
Rules of Court)
administrative bodies. Neither shall he, directly or
2. Officials and employees of the OSG (Section
indirectly, be interested financially in any contract
35, Rule 138, Rules of Court)
with, or in any franchise or special privilege
3. Government prosecutors (People vs.
granted by the Government, or any subdivision,
Villanueva, G.R. No. L-19450, June 16,
agency, or instrumentality thereof, including any
1951)
government-owned or controlled corporation, or
4. President, Vice-President, members of the
its subsidiary, during his term of office. He shall
cabinet, their deputies and assistants (Article
not intervene in any matter before any office of
VII, Sec. 13, 1987 Constitution)
the Government for his pecuniary benefit or
5. Members of the Constitutional Commission
where he may be called upon to act on account
(Article IX, Section 2, 1987 Constitution)

24
of his office. (Section 14, Article VI of the 1987 Public office is a public trust. Public officers and
Constitution) employees must at all times be accountable to
the people, serve them with utmost
b. Vice Governor, Vice-Mayor, members of responsibility, integrity, loyalty, and efficiency,
the local Sanggunian act with patriotism and justice, and lead modest
[R.A. No. 7160 (Local Government Code)] lives. (The 1987 Constitution, February 2, 1987)
Memorandum Circular No. 1025 dated November
Practice of Profession. — (a) All governors, city 25, 1977 “PROHIBITING ANY GOVERNMENT
and municipal mayors are prohibited from OFFICIAL AND EMPLOYEE FROM ACCEPTING
practicing their profession or engaging in any PRIVATE EMPLOYMENT IN ANY CAPACITY
occupation other than the exercise of their WITHOUT PRIOR AUTHORITY OF THE OFFICE
functions as local chief executives.
OF THE PRESIDENT,” is hereby revoked.
(b) Sanggunian members may practice
their professions, engage in any occupation, or The authority to grant permission to any official
teach in schools except during session hours: or employee shall be granted by the head of the
Provided, That sanggunian members who are ministry or agency in accordance with Section 12,
also members of the Bar shall not: Rule XVIII of the Revised Civil Service Rules,
which provides:
i.Appear as counsel before any court
in any civil case wherein a local
government unit or any office, Section 12. No officer or employee shall engage
agency, or instrumentality of the directly in any private business, vocation, or
government is the adverse party; profession or be connected with any commercial,
credit, agricultural, or industrial undertaking
ii.Appear as counsel in any criminal without a written permission from the head of
case wherein an officer or employee Department: Provided, That this prohibition will
of the national or local government
be absolute in the case of those officers and
is accused of an offense committed
in relation to his office. employees whose duties and responsibilities
require that their entire time be at the disposal of
iii.Collect any fee for their appearance the Government: Provided, further, That if an
in administrative proceedings employee is granted permission to engage in
involving the local government unit outside activities, the time so devoted outside of
of which he is an official; and
office hours should be fixed by the chief of the
iv.Use property and personnel of the agency to the end that it will not impair in any
government except when the way the efficiency of the officer or employee: And
sanggunian member concerned is provided, finally, That no permission is necessary
defending the interest of the in the case of investments, made by an officer or
government. employee, which do not involve any real or
apparent conflict between his private interests
(c) Doctors of medicine may practice
and public duties, or in any way influence him in
their profession even during official hours of work
only on occasions of emergency: Provided, That the discharge of his duties, and he shall not take
the officials concerned do not derive monetary part in the management of the enterprise or
compensation therefrom. (Section 90, Local become an officer or member of the board of
Government Code of 1991, Republic Act No. directors. (Memorandum Circular No. 17 by the
7160, October 10, 1991) President of the Philippines, September 4,1986)
c. Government lawyers authorized to Crystal clear from the foregoing is the fact that
engage in limited law practice private practice of law by CHR lawyers is not a

25
matter of right. Although the Commission allows the Government or any subdivision or
CHR lawyers to engage in private practice, a instrumentality thereof is the adverse party, or in
written request and approval thereof, with a duly any criminal case wherein and officer or
approved leave of absence for that matter are employee of the Government is accused of an
indispensable.In the case at bar, the record is offense committed in relation to his office, or
bereft of any such written request or duly collect any fee for his appearance in any
approved leave of absence. No written authority administrative proceedings to maintain an
nor approval of the practice and approved leave interest adverse to the Government, insular,
of absence by the CHR was ever presented by provincial or municipal, or to any of its legally
respondent. Thus, he cannot engage in private constituted officers. (Section 1, Special
practice. (Yumol, Jr. v. Ferrer, Sr., A.C. No. 6585, Retirement Law of Judges and Justices, Republic
21 April 2005) Act No. 910, June 20, 1953)

Atty. Gatcho should have known that as a e. The rules on Small Claims and
government lawyer, he was prohibited from Katarungang Pambarangay
engaging in notarial practice, or in any form of
private legal practice for that matter. Atty. Gatcho Small Claims Cases, as defined hereunder, where
cannot now feign ignorance or good faith, as he the claim does not exceed One Million Pesos
did not seek to exculpate himself by providing an (P1,000,000.00), exclusive of interest and costs.
explanation for his error. Atty. Gatcho's filing of
(Section 2, A. Civil Cases, Rule I of Rules on
the petition for commission, while not an actual
engagement in the practice of law, appears as a Expedited Procedures in the First Level Courts,
furtive attempt to evade the prohibition. (Muring, A.M. No. 08-8-7-SC, March 1, 2022)
Jr. v. Gatcho, A.M. No. CA-05-19-P, 31 August
2006) Appearance through a representative must be for
a valid cause. The representative of an individual-
d. Retired Judges and Justices [R.A. No. party must not be a lawyer. Juridical entities shall
910, as amended]
not be represented by a lawyer in any capacity
When a Justice of the Supreme Court or of the (Par. 2, Section 17, Rule IV of Rules on Expedited
Court of Appeals who has rendered at least Procedures in the First Level Courts, A.M. No. 08-
twenty years' service either in the judiciary or in 8-7-SC, March 1, 2022)
any other branch of the Government, or in both,
(a) retires for having attained the age of seventy f. Former government lawyers cannot
years, or (b) resigns by reason of his incapacity engage in the private practice of law within
to discharge the duties of his office, he shall one year from resignation, retirement, or
receive during the residue of his natural life, in separation from public office in connection
the manner hereinafter provided, the salary with any matter before the office he used
which he was receiving at the time of his to be with [R.A No. 6713]
retirement or resignation. And when a Justice of
the Supreme Court or of the Court of Appeals has Prohibited Acts and Transactions.— In addition
attained the age of fifty-seven years and has to acts and omissions of public officials and
rendered at least twenty years' service in the
employees now prescribed in the Constitution
Government, ten or more of which have been
continuously rendered as such Justice or as judge and existing laws, the following shall constitute
of a court of record, he shall be likewise entitled prohibited acts and transactions of any public
to retire and receive during the residue of his official and employee and are hereby declared to
natural life, in the manner also hereinafter be unlawful:
prescribed, the salary which he was then
receiving. It is a condition of the pension provided
(b) Outside employment and other activities
for herein that no retiring Justice during the time
that he is receiving said pension shall appear as related thereto.— Public officials and employees
counsel before any court in any civil case wherein during their incumbency shall not:

26
 4. Rendering legal services outside the
(2) Engage in the private practice of their scope of the practice areas allowed under
profession unless authorized by the Constitution Section 4 of this Rule;
or law, provided, that such practice will not 5. Asking for or receiving payment or
conflict or tend to conflict with their official compensation for services rendered
functions; or under the Clinical Legal Education
Program as provided in this Rule; and
These prohibitions shall continue to apply for a 6. Such other analogous circumstances.
period of one (1) year after resignation, (Rule 138-A, Rules of Court)
retirement, or separation from public office,
except in the case of subparagraph (b) (2) a. Penalties for Unauthorized Practice
above, but the professional concerned cannot of Law
practice his profession in connection with any 1. For law students: Unauthorized practice
matter before the office he used to be with, in of law shall be a ground for revocation of
which case the one-year prohibition shall likewise the law student practitioner's certification
apply. (Section 7(b)(2) Code of Conduct and and/or disqualification for a law student
Ethical Standards for Public Officials and from taking the bar examination for a
Employees, Republic Act No. 6713, February 20, period to be determined by the Supreme
1989) Court. (ibid.)
2. The provisions under Rule 138-A, Section
7. Privileges of a Lawyer 13, notwithstanding, any act constituting
1. Privilege to practice law. (In Re: a violation of the Code of Professional
Almacen, 31 SCRA 562 (1970); Rule 138, Responsibility shall subject the
Rules of Court) supervising lawyer, Clinical Legal
2. Attorney-client privilege (Rule 130, Education Program Head, and/or law
Section 24(b), Rules of Court). school dean to disciplinary action, as the
3. Immunity from suit for actions done in circumstances may warrant. (ibid.)
good faith as counsel.
4. Privilege to file pleadings without B. LAWYERS’ PROFESSIONAL DUTIES
separate client verification. AND RESPONSIBILITIES UNDER THE
CODE OF PROFESSIONAL
8. Unauthorized Practice of Law RESPONSIBILITY AND
Without prejudice to existing laws, rules, ACCOUNTABILITY (CPRA) [A.M. 22-
regulations, and circulars, the following shall be 09-01-SC, 11]
considered as unauthorized practice of law by a
certified law student practitioner – a. The overall intent for Filipino lawyers to
1. Engaging in any of the acts provided in be “lawyers possessed of integrity.”
Section 4 of this Rule without the
necessary certification or without the CANON I – INDEPENDENCE
consent and supervision of the
supervising lawyer; A. Concept of Lawyer’s Independence
2. Making false representations in the
application for certification; The independence of a lawyer in the
3. Using an expired certification to engage discharge of professional duties without any
in the limited practice of law under this improper influence, restriction, pressure, or
Rule; interference, direct or indirect, ensures

27
effective legal representation and is The highly immoral implication of a lawyer
ultimately imperative for the rule of law. approaching a judge — or a judge evincing a
(Canon 1) willingness — to discuss, in private, a matter
related to a case pending in that judge's sala
B. Duty to Make Independent, cannot be over-emphasized. A lawyer is duty-
Accessible, Efficient and Effective bound to actively avoid any act that tends to
Legal influence, or may be seen to influence, the
outcome of an ongoing case, lest the people's
A lawyer shall make legal services accessible faith in the judicial process is diluted. The
in an efficient and effective manner. In primary duty of lawyers is not to their clients
performing this duty, a lawyer shall maintain but to the administration of justice. To that
independence, act with integrity, and at all end, their clients' success is wholly
times ensure the efficient and effective subordinate. The conduct of a member of the
delivery of justice. (Section 1. Independent, bar ought to and must always be scrupulously
accessible, efficient and effective legal observant of the law and ethics. Any means,
service, Canon 1 Independence) not honorable, fair and honest which is
resorted to by the lawyer, even in the pursuit
Legal Aid of his devotion to his client's cause, is
condemnable and unethical. (Dumlao, Jr. v.
Legal Aid is not a matter of charity. It is a Camacho, A.C. No. 10498, (04 September
means for the correction of social imbalances 2018)
that may and often do lead to injustice, for
which reason it is a public responsibility of the D. Duty to be Freedom from Improper
Bar. The spirit of public service should, Considerations and External
therefore, underlie all legal aid offices. The Influences
same should be so administered as to give
maximum possible assistance to indigent and A lawyer shall not, in advocating a client’s
deserving members of the community in all cause, be influenced by dishonest or immoral
cases,matters and situations in which legal considerations, external influences, or
aid may be necessary to forestall an injustice. pressure. (Section 3. Freedom from improper
(Sec. 1, Art. 1, IBP Handbook, Guidelines considerations and external influences,
Governing the Establishment and Operation Canon 1)
of the Legal Aid Office)
Immoral, Defined
C. Duty to Lead a Merit-based Legal A conduct which is willful, flagrant, or
Practice shameless, and which shows a moral
indifference to the opinion of the good and
A lawyer shall rely solely on the merits of a respectable members of the community
cause and not exert, or give the appearance (Arciga v. Maniwang, A.C. No. 1608, (14
of, any influence on, nor undermine the August 1981), 193 Phil 730-738)
authority of, the court, tribunal or other
government agency, or its proceedings. Extent of Immorality must be gross.
(Section 2. Merit-based practice, Canon 1 Gross Immoral Conduct
Independence) Grossly immoral, that is, it must be so corrupt
and false as to constitute a criminal act or so
Influence Peddling unprincipled as to be reprehensible to a high

28
degree (Fabugais v. Faundo Jr., A.C. No. the dismissal of complainant's suit. (Pineda v.
10145, 11 June 2018) Gross immoral is a Macapagal, A.C. No. 6026, 29 November
ground for disbarment while immoral is not. 2005)

E. Duty not to Allow Interference in Client not to dictate the procedures

any Matter Before a Court or Under the Code of Professional
Tribunal Responsibility, a lawyer "shall not allow his
client to dictate the procedure in handling the
Unless authorized by law or a court, a lawyer case." Thus, we cannot accept his lame
shall not assist or cause a branch, agency, excuse that the complainant failed to provide
office or officer of the government to him with the documents he needed in the
interfere in any matter before any court, preparation of the position paper and that he
tribunal, or other government agency. and the complainant had a difference of
(Section 4. Non-interference by a lawyer, opinion on how the case should be handled.
Canon 1) Notably, even the Investigator recognized
that the complainant submitted documents to
When private interest interferes the respondent; whatever was lacking could
Private interest interferes with public duty not be submitted as the complainant could
when the respondent uses the office and his not even contact the respondent despite
or her knowledge of the intricacies of the law repeated attempts.
to benefit relatives (Olazo v. Tinga, A.M. No.
10-5-7-SC, 07 December 2010) In short, the respondent should have acted
as a lawyer in the case, not as a mere agent
F. Lawyer’s Duty and Discretion in waiting for the complainant's instructions. He
Procedure and Strategy should not have wasted several months doing
nothing about the position paper he knew
A lawyer shall not allow the client to dictate had to be filed as required by the DARAB
or determine the procedure in handling the Adjudicator. He should not have lied to the
case. Nevertheless, a lawyer shall respect the complainant making him believe that he was
client’s decision to settle or compromise the doing his work as his lawyer and that he had
case after explaining its consequences to the already filed the position paper. He should
client. (Section 5. Lawyer’s duty and not have made himself scarce and kept the
discretion in procedure and strategy, Canon complainant in the dark on the status of the
1) case. Before the time for filing lapsed, he
should have been candid enough to tell the
Respect the client’s decision to settle or complainant that he could not file the
compromise the case required position paper and that it was time
It is the duty of a lawyer to encourage his for him to engage another lawyer. This is the
clients to avoid, end or settle a controversy if honorable thing to do under the
it will admit of a fair settlement. However, the circumstances, for a lawyer worthy of his
same must be done in a manner that will not license. (Olvida vs. Gonzales, A.C. No. 5732,
cause prejudice to the other party. In this 16 June 2015)
case, respondent's failure to attend several
hearings on the pretext that he was exploring Duty to advise merit or lack of merit of
the possibility of amicable settlement the case
between the contending parties, resulted in

29
 It is the duty of a counsel to advise his client, conduct. (Sec. 1, Canon II, Code of Professional
ordinarily a layman to the intricacies and Responsibility and Accountability)
vagaries of the law, on the merit or lack of
merit of his case. If he finds that his client's This provision was lifted from Rule 1.01 of the
cause is defenseless, then it is his bounden old CPR:
duty to advise the latter to acquiesce and
submit, rather than traverse the Rule 1.01 - A lawyer shall not engage in unlawful,
incontrovertible. A lawyer must resist the dishonest, immoral or deceitful conduct.
whims and caprices of his client, and temper
his client's propensity to litigate. A lawyer's A lawyer who practices or utilizes deceit in his
oath to uphold the cause of justice is superior dealings with his client violates his duty of fidelity,
to his duty to his client; its primacy is loyalty and devotion to the client’s cause,
indisputable. (Cobb-Perez v. Lantin, G.R. No. degrades himself and besmirches the fair name
L-22320 (Resolution), (29 July 1968) of an honorable profession. (Lemoine vs. Balon,
Jr., 414 SCRA 511, October 28, 2003)
CANON II – PROPRIETY
The conduct under the Rule does not pertain
A. Concept of Lawyer’s Propriety solely to a lawyer's performance of professional
duties. It has long been settled that a lawyer may
Foundation on lawyer’s oath be disciplined for misconduct committed either in
his or her professional or private capacity. The
I shall do no falsehood, nor shall I pervert the test is whether a lawyer's conduct manifests his
law to unjustly favor or prejudice anyone or her wanting in moral character, honesty,
probity, and good demeanor, or unworthiness to
Disciplinary proceedings involve no private continue as an officer of the court. (Buenaventura
interest and afford no redress for private v. Gille, A.C. No. 7446, December 9, 2020)
grievance. They are undertaken and prosecuted
solely for the public welfare. They are undertaken Dignified Conduct. — A lawyer shall respect
for the purpose of preserving courts of justice the law, the courts, tribunals, and other
from the official ministration of persons unfit to government agencies, their officials, employees,
practice in them. The attorney is called to answer and processes, and act with courtesy, civility,
to the court for his conduct as an officer of the fairness, and candor towards fellow members of
court. The complainant or the person who called the bar.
the attention of the court to the attorney's alleged
misconduct is in no sense a party, and has A lawyer shall not engage in conduct that
generally no interest in the outcome except as all adversely reflects on one’s fitness to practice law,
good citizens may have in the proper nor behave in a scandalous manner, whether in
administrative of justice. (Rayos-Ombac v. Rayos, public or private life, to the discredit of the legal
A.C. No. 2884, (28 January 1998) profession. (Sec. 2, Canon II, Code of
Professional Responsibility and Accountability)
B. Duty to Act with Propriety in Personal
and Professional Dealings Note: This provision was partially lifted from the
old CPR:
Proper Conduct. — A lawyer shall not engage
in unlawful, dishonest, immoral, or deceitful CANON 8 - A LAWYER SHALL CONDUCT HIMSELF
WITH COURTESY, FAIRNESS AND CANDOR

30
TOWARDS HIS PROFESSIONAL COLLEAGUES, media. (Sec. 4, Canon II, Code of Professional
AND SHALL AVOID HARASSING TACTICS Responsibility and Accountability)
AGAINST OPPOSING COUNSEL.
This provision was partially lifted from the old
Rule 7.03 - A lawyer shall not engage in conduct CPR:
that adversely reflects on his fitness to practice
law, nor shall he whether in public or private life, Rule 8.01 - A lawyer shall not, in his professional
behave in a scandalous manner to the discredit dealings, use language which is abusive,
of the legal profession. offensive or otherwise improper.

Candor in all their dealings is the very essence of Rule 11.03 - A lawyer shall abstain from
a practitioner’s honorable membership in the scandalous, offensive or menacing language or
legal profession—lawyers are required to act with behavior before the Courts.
the highest standard of truthfulness, fair play and
nobility in the conduct of litigation and in their It has been said that a lawyer's language should
relations with their clients, the opposing parties, be dignified in keeping with the dignity of the
the other counsels and the courts. (Yap-Paras vs. legal profession. It is the lawyer’s duty as a
Paras, A.C. No. 4947 , February 14, 2005) member of the Bar to abstain from an offensive
personality and to advance no fact prejudicial to
Safe environment and to duty to avoid all the honor or reputation of a party or witness,
forms of abuse or harassment. unless required by the justice of the cause with
A lawyer shall not create or promote an unsafe or which he is charged. (Surigao vs. Cloribel, G.R.
hostile environment, both in private and public No. L-27072, January 9, 1970)
settings, whether online, in workplaces,
educational or training institutions, or in The Court does not pretend to be immune from
recreational areas. criticisms. After all, it is through the criticism of
its actions that the Court, composed of fallible
To this end, a lawyer shall not commit any form mortals, hopes to correct whatever mistake it
of physical, sexual, psychological, or economic may have unwittingly committed. But then again,
abuse or violence against another person. A it is the cardinal condition of all such criticism that
lawyer is also prohibited from engaging in any it shall be bona fide, and shall not spill over the
gender-based harassment or discrimination. walls of decency and propriety. A wide chasm
(Sec. 3, Canon II, Code of Professional exists between fair criticism, on the one hand,
Responsibility and Accountability) and abuse and slander of courts and the judges
thereof, on the other.Intemperate and unfair
Use of dignified, gender-fair, and child- and criticism is a gross violation of the duty of respect
culturally-sensitive language. to courts. (Maglasang vs. People, G.R. No. 90083,
A lawyer shall use only dignified, gender-fair, October 4, 1990)
child- and culturally-sensitive language in all
personal and professional dealings. Observance of fairness and obedience. — A
lawyer shall, in every personal and professional
To this end, a lawyer shall not use language engagement, insist on the observance of the
which is abusive, intemperate, offensive or principles of fairness and obedience to the law.
otherwise improper, oral or written, and whether (Sec. 5, Canon II, Code of Professional
made through traditional or electronic means, Responsibility and Accountability)
including all forms or types of mass or social

31
This provision was partially lifted from Rule 15.07 respectful attitude essential to the proper
of the old CPR: administration of justice. He is charged with
knowledge of the proper manner by which
Rule 15.07. - A lawyer shall impress upon his lawyers are to conduct themselves during judicial
client compliance with the laws and the principles proceedings. His Lawyer's Oath and the Code of
of fairness. Professional Responsibility exhort him to maintain
the requisite decency and to afford dignity to this
Harassing or threatening conduct Court. (Falcis vs. Civil Registrar General, G.R. No.
A lawyer shall not harass or threaten a fellow 217910, September 03, 2019)
lawyer, the latter’s client or principal, a witness,
or any official or employee of a court, tribunal, or Prohibition against misleading the court,
other government agency. (Sec. 6, Canon II, tribunal, or other government agency.
Code of Professional Responsibility and A lawyer shall not misquote, misrepresent, or
Accountability) mislead the court as to the existence or the
contents of any document, argument, evidence,
Formal decorum and appearance law, or other legal authority, or pass off as one’s
A lawyer shall observe formal decorum before all own the ideas or words of another, or assert as a
courts, tribunals, and other government fact that which has not been proven. (Sec. 8,
agencies. Canon II, Code of Professional Responsibility and
Accountability)
A lawyer’s attire shall be consistent with the
dignity of the court, tribunal or other government This provision was partially lifted from Rule 10.02
agency, with due respect to the person’s sexual of the old CPR:
orientation, gender identity, and gender
expression. (Sec. 7, Canon II, Code of Rule 10.02 - A lawyer shall not knowingly
Professional Responsibility and Accountability) misquote or misrepresent the contents of a
paper, the language or the argument of opposing
This provision was partially lifted from Rule 11.01 counsel, or the text of a decision or authority, or
of the old CPR: knowingly cite as law a provision already
rendered inoperative by repeal or amendment, or
Rule 11.01 - A lawyer shall appear in court assert as a fact that which has not been proved.
properly attired.
By filing a petition for issuance of duplicate copies
Considering that petitioner Jesus Nicardo M. of titles of the Meycauayan properties, Atty.
Falcis III was attired with a casual jacket, cropped Evelyn misled the court when she stated that the
jeans and loafers without socks, Associate Justice subject properties were already appropriated to
Marvic M.V.F. Leonen directed him to show cause her. She even consented to her daughter
by June 6, 2018, why he should not be cited in testifying on her behalf on the purported
direct contempt, for his failure to observe the assertions that the titles were in her (Atty.
required decorum during the preliminary Evelyn's) possession but were lost when she
conference which is a formal session of the Court. transferred residence.These acts of Atty. Evelyn,
as correctly observed by the OBC, clearly show
Atty. Falcis is not an uninformed layperson. He that Atty. Evelyn resorted to lying in order to
has been a member of the Philippine Bar for a mislead the court that the Meycauayan properties
number of years. As an officer of the court, he is were already appropriated to her.
duty bound to maintain towards this Court a

32
Clearly, Atty. Evelyn intentionally and deliberately as be saved precious time in finding out whether
made untruthful statements. Her willful attempt the citations are correct. (The Insular Life
to deceive the courts, especially this Court, in Assurance Co., Ltd., Employees Association-
making it appear that she already owned the NATU vs. The Insular Life Assurance Co., Ltd.,
Meycauayan properties, through inheritance, G.R. No. L-25291, January 30, 1971)
when she was fully aware that no final partition
of the estate has yet been made, is a mockery of Obstructing access to evidence or altering,
the administration of justice, which we cannot destroying, or concealing evidence.
condone. She intentionally employed deceit and A lawyer shall not obstruct another lawyer’s
lies to deceive the court. She used her legal access to evidence during trial, including
knowledge and expertise as weapons to advance testimonial evidence, or alter, destroy, or conceal
her own interests and selfish motives, and not to evidence. (Sec. 9, Canon II, Code of Professional
protect the integrity and trust of the public in the Responsibility and Accountability)
law and the courts. (Carlos Cruz vs. Atty. Evelyn
Brul-Cruz, A.C. No. 7121, March 08, 2022) Conduct in the presentation of a witness.
A lawyer shall avoid all forms of impropriety when
We must articulate our firm view that in citing this presenting or confronting a witness.
Court’s decisions and rulings, it is the bounden
duty of courts, judges and lawyers to reproduce A lawyer shall not coach, abuse, discriminate
or copy the same word-for-word and punctuation against, or harass any witness, in or out of the
mark-for-punctuation mark. Indeed, there is a court, tribunal, or other government agency, or
salient and salutary reason why they should do talk to a witness during a break or recess in the
this. Only from this Tribunal’s decisions and trial, while a witness is still under examination.
rulings do all other courts, as well as lawyers and Neither shall a lawyer direct, assist, or abet any
litigants, take their bearings. This is because the misrepresentation or falsehood by a witness.
decisions referred to in article 8 of the Civil Code (Sec. 10, Canon II, Code of Professional
which reads, “Judicial decisions applying or Responsibility and Accountability)
interpreting the laws of the Constitution shall
form a part of the legal system of the Philippines,” This provision was partially lifted from the old
are only those enunciated by this Court of last CPR:
resort. We said in no uncertain terms in Miranda,
et al. vs. Imperial, et al. (77 Phil. 1066) that only Rule 12.06 - A lawyer shall not knowingly assist a
the decisions of this Honorable Court establish witness to misrepresent himself or to
jurisprudence or doctrines in this jurisdiction.” impersonate another.
Thus, ever present is the danger that if not
faithfully and exactly quoted, the decisions and Rule 12.07 - A lawyer shall not abuse, browbeat
rulings of this Court may lose their proper and or harass a witness nor needlessly inconvenience
correct meaning, to the detriment of other courts, him.
lawyers and the public who may thereby be
misled. But if inferior courts and members of the Counsel for the appellant alleges two errors. The
bar meticulously discharge their duty to check first one is that the judge erred in denying the
and recheck their citations of authorities culled application of the accused that he be tried before
not only from this Court’s decisions but from another court by reason of an alleged prejudice
other sources and make certain that they are against the defendant on the part of the trial
verbatim reproductions down to the last word and court. The only ground presented by the
punctuation mark, appellate courts will be defendant for the alleged prejudice is the fact
precluded from acting on misinformation, as well that the said court, on the trial of the seduction

33
case against Quebengco, became satisfied that criminal, or administrative liability, without factual
the accused in this case committed perjury and, or legal basis.
therefore, ordered the fiscal to present an
information against him if he could obtain A lawyer shall correct false or inaccurate
sufficient evidence. This in no sense disqualified statements and information made in relation to
the judge. If a trial judge is convinced that a an application for admission to the bar, any
witness in any case before him is deliberately, pleading, or any other document required by or
willfully and corruptly swearing falsely on a submitted to the court, tribunal or agency, as
material matter, it is not only his right, but it is soon as its falsity or inaccuracy is discovered or
his duty to see that such witness is duly made known to him or her. (Sec. 11, Canon II,
prosecuted. (United States vs. Lumampao., G.R. CPRA)
No. 6692, September 02, 1911)
The respondent would shift the blame to his
Excessive gifts client. That a lay person like the complainant
Thus, if an individual is willing to contribute, could have swayed a lawyer like the respondent
donate, or volunteer to further the efforts of the into committing the simulations was patently
IBP, it must be tempered by the nature and improbable. Yet, even if he had committed the
purpose of the activity. The support should be in simulations upon the client's prodding, he would
furtherance of the goals and objectives of the IBP be no less responsible. Being a lawyer, he was
and for the direct benefit of its members, and aware of and was bound by the ethical canons of
should not solely be for the interest, use and the Code of Professional Responsibility,
enjoyment of its officers. particularly those quoted earlier, which would
have been enough to deter him from committing
Although Atty. Divina claims his intentions in the falsification, as well as to make him
supporting the IBP and its activities are out of unhesitatingly frustrate her prodding in deference
generosity; the sponsorship of the trips of the to his sworn obligation as a lawyer to always act
IBP-Central Luzon Officers to Balesin Island Club with honesty and to obey the laws of the land.
and to Bali, Indonesia crossed the borders on Surely, too, he could not have soon forgotten his
excessive and overstepped the line of propriety express undertaking under his Lawyer's Oath to
(Re: Nilo Divina, A.M. No. 23-04-05-SC, 30 July "do no falsehood, nor consent to its commission."
2024) Indeed, the ethics of the Legal Profession rightly
enjoined every lawyer like him to act with the
C. Prohibition Against False highest standards of truthfulness, fair play and
Representations or Statements and Duty nobility in the course of his practice of law.
to Correct and Report (Flordeliza A. Madria v. Atty. Carlos P. Rivera A.C.
No. 11256, March 7, 2017)
False representations or statements; duty
to correct. Public confidence in law and lawyers may be
A lawyer shall not make false representations or eroded by the irresponsible and improper conduct
statements. A lawyer shall be liable for any of a member of the bar. Thus, a lawyer should
material damage caused by such false determine his conduct by acting in a manner that
representations or statements. would promote public confidence in the integrity
of the legal profession. Members of the Bar are
A lawyer shall not, in demand letters or other expected to always live up to the standards
similar correspondence, make false embodied in the Code of Professional
representations or statements, or impute civil, Responsibility as the relationship between an

34
attorney and his client is highly fiduciary in nature Atty. Verano, Jr., A. C. No. 8108, July 15, 2014
and demands utmost fidelity and good faith. as cited in Judge Ariel Florentino R. Dumalo, Jr.
(Nakpil vs. Valdes, A.C. No. 2040, March 4, 1998 vs. Atty. Manuel N. Camacho, A.C. No. 10498,
as cited in Flordeliza A. Madria v. Atty. Carlos P. September 04, 2018)
Rivera A.C. No. 11256, March 7, 2017)
By implying that he can influence Supreme Court
D. Prohibition against Claim of Influence Justices to advocate for his cause, respondent
or Familiarity, Solicitation, Self-Promotion trampled upon the integrity of the judicial system
or Self-Aggrandizement and eroded confidence in the judiciary. This gross
disrespect of the judicial system shows that he is
Improper claim of influence or familiarity. — A wanting in moral fiber and that he lacks integrity
lawyer shall observe propriety in all dealings with in his character. These acts of respondent
officers and personnel of any court, tribunal, or constitute the height of arrogance and deceit.
other government agency, whether personal or Respondent violated Canon 13, Rule 13.01,
professional. Familiarity with such officers and Canon 10 and Canon 10.01 of the Code. (Judge
personnel that will give rise to an appearance of Ariel Florentino R. Dumalo, Jr. vs. Atty. Manuel N.
impropriety, influence, or favor shall be avoided. Camacho, A.C. No. 10498, September 04, 2018)

A lawyer shall not make claims of power, E. Duty to Disclose Relationship or

influence, or relationship with any officer of a Connection
court, tribunal, or other government agency.
(Sec. 15, Canon II, CPRA) Disclosure of relationship or connection.
A lawyer shall, at the first available opportunity,
The highly immoral implication of a lawyer formally disclose on record the lawyer’s
approaching a judge — or a judge evincing a relationship or connection with the presiding
willingness — to discuss, in private, a matter officer of any court, tribunal, or other government
related to a case pending in that judge's sala agency, or any of its personnel, or the lawyer’s
cannot be over-emphasized. (Bildner, et al. v. partners, associates, or clients, that may serve as
Ilusorio, et al., G.R. No. 157384 June 5, 2009 as a ground for mandatory inhibition in any pending
cited in Judge Ariel Florentino R. Dumalo, Jr. vs. proceeding before such court, tribunal, or other
Atty. Manuel N. Camacho, A.C. No. 10498, government agency. (Canon II, Sec. 20, Code of
September 04, 2018) Professional Responsibility and Accountability)

A lawyer is duty-bound to actively avoid any act The rule against conflict of interest also 'prohibits
that tends to influence, or may be seen to a lawyer from representing new clients whose
influence, the outcome of an ongoing case, lest interests oppose those of a former client in any
the people's faith in the judicial process is diluted. manner, whether or not they are parties in the
The primary duty of lawyers is not to their clients same action or on totally unrelated cases,' since
but to the administration of justice. To that end, the representation of opposing clients, even in
their clients' success is wholly subordinate. The unrelated cases, 'is tantamount to representing
conduct of a member of the bar ought to and conflicting interests or, at the very least, invites
must always be scrupulously observant of the law suspicion of double-dealing which the Court
and ethics. Any means, not honorable, fair and cannot allow. (Maria Romero vs. Atty. Geronimo
honest which is resorted to by the lawyer, even R. Evangelista, Jr., A.C. No. 11829, February 26,
in the pursuit of his devotion to his client's cause, 2018).
is condemnable and unethical. (Jimenez, et al. v.

35
F. Duty to Respect Another Lawyer’s In the choice of a firm name, no false, misleading,
Engagement or assumed name shall be used. The continued
use of the name of a deceased, incapacitated, or
Encroaching or interfering in another retired partner is permissible provided that the
lawyer’s engagement; exception. firm indicates in all its communications that said
A lawyer shall not, directly or indirectly, encroach partner is deceased, incapacitated, or retired.
upon or interfere in the professional engagement (Sec. 26, Canon II, CPRA)
of another lawyer.
Partner who assumes public office. — When a
This includes a lawyer’s attempt to communicate, partner assumes public office, such partner shall
negotiate, or deal with the person represented by withdraw from the firm and such partner’s name
another lawyer on any matter, whether pending shall be removed from the firm name, unless
or not in any court, tribunal, body, or agency, allowed by law to practice concurrently. (Sec. 27,
unless when initiated by the client or with the Canon II, CPRA)
knowledge of the latter’s lawyer.
H. Duty of Lawyers in Government Service
A lawyer, however, may give proper advice and
assistance to anyone seeking relief against Dignified government service. — Lawyers in
perceived unfaithful or neglectful counsel based government service shall observe the standard of
on the Code. (Canon II, Sec. 24, Code of conduct under the CPRA, the Code of Conduct
Professional Responsibility and Accountability) and Ethical Standards for Public Officials and
Employees, and other related laws and issuances
A lawyer shall not, directly or indirectly, encroach in the performance of their duties.
upon the professional employment of another
lawyer, however, it is the right of any lawyer, Any violation of the CPRA by lawyers in
without fear or favor, to give proper advice and government service shall be subject to
assistance to those seeking relief against disciplinary action, separate and distinct from
unfaithful or neglectful counsel. (Canon 8, Rule liability under pertinent laws or rules. (Sec. 28,
8.02, [Old] Code of Professional Responsibility) Canon II, CPRA)

Note: As to the difference between CPRA and Guevarra-Castil Guidelines

CPR, Sec. 24 (1) added “interfere in” and The Court hereby lays the following rules in the
“engagement”. Sec. 24 (2) of CPRA provided for filing and handling of complaints against
means of encroachment and/or interference a government lawyers, to serve as guidelines for
lawyer shall not do which was not present in CPR. both the bench and the bar:

G. Concept of a Law Firm 1. All complaints against and which seek to

discipline government lawyers in their
Definition of a law firm; choice of firm respective capacities as members of the
name. Bar must be filed directly before this
A law firm is any private office, partnership, or Court. Conversely, complaints which do
association, exclusively comprised of a lawyer or not seek to discipline them as members
lawyers engaged to practice law, and who hold of the Bar shall be dismissed for lack of
themselves out as such to the public. jurisdiction and referred to the
Ombudsman or concerned government
agency for appropriate action.

36
 In the event that paragraph 2b shall apply, and
2. In connection with paragraph 1, upon results in a situation where one or more
filing, the Court must determine whether complaint/s have been dismissed and referred to
the concerned agency, the Ombudsman, the appropriate government office or the
or the Court, has jurisdiction over the Ombudsman, and one or more complaint/s have
complaint against the government been retained by this Court, the cases shall
lawyer. In making such determination, proceed independently from one another.
the following must be considered: did the (Guevarra-Castil v. Trinidad, A.C. No. 10294, July
allegations of malfeasance touch upon 12, 2022)
the errant lawyer's continuing obligations
under the CPR and/or the Lawyer's Oath? Supplement to Guevarra-Castil Guidelines
To put it more simply, the primordial (Francisco vs. Suñega-Lagman case)
question to be asked in making this
determination is this: do the allegations 1. To properly determine whether the
in the complaint, assuming them to be malfeasance committed properly pertains
true, make the lawyer unfit to practice to the disciplinary powers of the
the profession? appropriate government office, the Court
or the investigating commissioner shall
Note: If the question in paragraph 2 require the said office to verify the
yields a positive answer, the case existence of any rules, guidelines, or
properly lies before the Court, which shall code governing the conduct of the
retain jurisdiction. This is so because respondent government lawyer.
again, the power to regulate the practice
of law, and discipline members of the 2. In cases where the complaint alleges a
bar, belongs to Us. Necessarily, wrongdoing that constitutes a violation of
proceedings to be had before this Court both the new CPRA/CPR, and of the
should concern these and only these appropriate government office's rules or
matters. This rule shall hold, even if the code of conduct, the Court or the
complaint also contains allegations of investigating commissioner shall proceed
administrative and/or civil service rules with the case pursuant to Canon VI,
infractions. In such situation however, Section 6 of the new CPRA. The Court or
the Court shall limit its ruling only to the the investigating commissioner shall
matter of the respondent's fitness as a refer the complaint to the concerned
lawyer. government office for its appropriate
action, even if there is a finding that the
Note: On the other hand, if the question respondent government lawyer is not
in paragraph 2 yields a negative answer, liable under the new CPRA.
the Court, for lack of jurisdiction, shall
dismiss the case and refer the same to The first additional guideline is an
the appropriate government office or the acknowledgment that the different government
Ombudsman. offices may have formulated and may be
enforcing their own disciplinary rules and codes
3. If multiple complaints have been filed, of conduct that are still not within the knowledge
the process shall be the same. of the Court. Thus, to correctly determine who
should assume jurisdiction, the Court will exert all
reasonable efforts to familiarize itself with the

37
different rules or codes implemented by the exercised power to influence the outcome of the
different government offices. proceedings.

The second addition aims to afford the concerned The rationale for the prohibition under Rule 6.03
agency the opportunity to discipline its ranks for is this: private lawyers who, during their tenure
committing acts inimical to its mandate, which in government service, had possessed the power
may be overlooked because of the direct filing of to influence the outcome of the proceedings, are
the complaint before the Court. This is consistent bound to enjoy an undue advantage over other
with Canon II, Section 28 of the new CPRA, which private lawyers because of their substantial
provides that a government lawyer's violation of access to confidential information on the matter
the code shall be separate and distinct from (including the submissions of a counter-party), as
liability under pertinent laws or rules, which well as to the government's resources dedicated
include the concerned government office's own to process/resolve the same (including contacts
rules and code of conduct. Thus, said in the institution where the matter is pending).
government office could still proceed Thus, to obviate the temptation of these
independently against its lawyers despite a government lawyers to exploit the information,
finding that the latter is still fit to practice the contacts, and influence garnered while in the
profession. (Atty. Pablo B. Francisco vs. Atty. Ma. service when they leave for private practice, the
Victoria Suñega-Lagman, A.C. No. 13035, June prohibition under Rule 6.03 was formulated. (In
27, 2023) Re: Atty. Romulo P. Atencia et.al., A.C. No. 8911,
July 8, 2019)
Lawyers formerly in government service.
A lawyer who has left government service shall No financial interest in transactions; no
not engage in private practice pertaining to any gifts.
matter before the office where he or she used to A lawyer in government shall not, directly or
be connected within a period of one (1) year from indirectly, promote or advance his or her private
his or her separation from such office. Justices, or financial interest or that of another, in any
judges, clerks of court, city, provincial, and transaction requiring the approval of his or her
regional prosecutors shall not appear before any office. Neither shall such lawyer solicit gifts or
court within the territorial jurisdiction where they receive anything of value in relation to such
previously served within the same period. interest.

After leaving government service, a lawyer shall Such lawyer in government shall not give
not accept an engagement which could anything of value to, or otherwise unduly favor,
improperly influence the outcome of the any person transacting with his or her office, with
proceedings which the lawyer handled or the expectation of any benefit in return. (Sec. 30,
intervened in, or over which the lawyer previously Canon II, CPRA)
exercised authority, while in said service. (Sec.
29, Canon II, CPRA) Respondent likewise committed Gross
Misconduct when, in response to a query of the
Rationale for the prohibition: Dauin Municipal Engineer, he stated that the
In Olazo vs. Tinga, the Court held that Rule 6.03 property in question is subject of a pending
contemplates a situation where a lawyer, litigation and that its buyer (complainant) is to be
formerly in government service, accepted blamed for purchasing a problematic lot without
engagement or employment in a matter which, prior consultation with respondent's office.
by virtue of his public office, had previously Respondent was not forthright in his letter-

38
response that he has a personal claim on the very establishing the innocence of the accused is
land that is subject of the query of the Municipal highly reprehensible and is cause for disciplinary
Engineer of Dauin, Negros Oriental. This omission action.
clearly reflects the lack of propriety expected of
respondent as a lawyer in the government Public Prosecutor
service. i. As a quasi-judicial officer and as such,
he/she should seek equal and impartial
Moreover, taking into account Section 30 Canon justice.
II of the CPRA, respondent cannot even indirectly ii. Primary duty is NOT to convict, but to see
advance his private interest by giving a legal that justice is done. (U.S. vs. Barredo,
opinion on a land that he himself asserts a claim G.R. No. 9278, December 07, 1915)
of ownership. Respondent's argument that his iii. He should recommend the acquittal of
response to the letter of the Municipal Engineer the accused, whose conviction is on
of Dauin was based on his legal knowledge is appeal, if he finds no legal basis to
unjustified as he implicitly promoted his private sustain the conviction. (Triente, Sr. vs.
interests by rendering a legal opinion knowing Sandiganbayan, G.R. No.
fully well of his personal claim on the subject 70332-43, November 13, 1986)
land. (Dauin Point Land Corp. vs. Atty. Richard R.
Enojo, Provincial Legal Officer, Province of Private Prosecutors
Negros Oriental, A.C. No. 11026. November 29,
2023 Rule 110, Sec. 5. Who must prosecute
criminal action. – All criminal actions
I. Duty of Public Prosecutors commenced by a complaint or information shall
Prosecution of criminal cases be prosecuted under the direction and control of
The primary duty of a public prosecutor is not to the public prosecutor. In case of heavy work
convict but to see that justice is done. schedule of the public prosecutor or in the event
of absence of public prosecutors, the private
Suppressing facts, concealing of, tampering with prosecutor may be authorized in writing by the
or destroying evidence, coaching a witness, or Chief Prosecution Office or the Regional State
offering false testimony is cause for disciplinary Prosecutor to prosecute the case, subject to the
action. approval of the Court. Once so authorized to
prosecute the criminal action, the private
The obligations of a public prosecutor shall also prosecutor shall continue to prosecute the case
be imposed upon lawyers in private practice who up to the end of the trial even in the absence of
are authorized to prosecute under the direct a public prosecutor, unless the authority is
supervision and control of the public prosecutor. revoked or otherwise withdrawn. (as amended by
(Canon II, Sec. 31, Code of Professional A.M. No. 02-2-07-SC effective May 1, 2002)
Responsibility and Accountability)
The obligations of a public prosecutor shall also
This provision was partially lifted from Rule 6.01 be imposed upon lawyers in private practice who
of the old CPR: are authorized to prosecute under the direct
supervision and control of the public prosecutor.
Rule 6.01 - The primary duty of a lawyer engaged
in public prosecution is not to convict but to see Note: If the case is dismissed, the private
that justice is done. The suppression of facts or prosecutor may not file a motion for
the concealment of witnesses capable of

39
reconsideration for such duty belongs solely to same to the institution. (Section 33, Canon II,
the public prosecutor. CPRA)

Solicitor General’s Recommendation to K. Duty of Lawyers who Supervise

Acquit Commended by the Court Paralegals

The defects in the decision of the Sandiganbayan Paralegal services; lawyer’s responsibility.
were stressed by the Solicitor General, who has A paralegal is one who performs tasks that
asked for the petitioner's acquittal. While his require familiarity with legal concepts, employed
office ordinarily sustains the respondent court as or retained by a lawyer, law office, corporation,
a matter of policy, he has seen fit to deviate from governmental agency, or other entity for non-
this policy because he is convinced that the diagnostic and non-advisory work in relation to
petitioner is innocent. For adhering to the ethical legal matters delegated by such lawyer, law
canon that the primary duty of a public office, corporation, governmental agency, or
prosecutor is not to convict but to see that justice other entity.
is done, the Solicitor General deserves the
commendation of the Court. It is truly to his credit A lawyer must direct or supervise a paralegal in
that while a conviction could have been another the performance of the latter’s delegated duties.
feather in his cap, he did not seek it at the
expense of the petitioner's honor and liberty. The lawyer’s duty of confidentiality shall also
(Soliman vs. Sandiganbayan, G.R. No. 71305, extend to the services rendered by the paralegal,
November 24, 1986) who is equally bound to keep the privilege.
(Section 34, Canon II, CPRA)
J. Duty of Lawyers in the Academe
Non-delegable legal tasks.
Lawyers in the academe. — A lawyer serving A lawyer shall not delegate to or permit a non-
as a dean, administrative officer, or faculty lawyer, including a paralegal, to:
member of an educational institution shall at all
times adhere to the standards of behavior (a) accept cases on behalf of the lawyer;
required of members of the legal profession (b) give legal advice or opinion;
under the CPRA, observing propriety, (c) act independently without the lawyer’s
respectability, and decorum inside and outside supervision or direction;
the classroom, and in all media. (Section 32, (d) to hold himself or herself out as a lawyer, or
Canon II, CPRA) be named in association with a lawyer in any
pleading or submission to any court, tribunal, or
Conflict of interest for lawyers in the other government agency;
academe. — A lawyer serving as a dean, (e) appear in any court, tribunal, or other
administrative officer, or faculty member of an government agency, or actively participate in
educational institution shall disclose to the formal legal proceedings on behalf of a client,
institution any adverse interest of a client. except when allowed by the law or rules;
(f) conduct negotiations with third parties unless
Upon discovery of any adverse interest of the allowed in administrative agencies, without a
lawyer’s client which directly affects any student lawyer’s supervision or direction;
who is under his or her direct supervision and (g) sign correspondence containing a legal
guidance, the lawyer shall likewise disclose the opinion;

40
(h) perform any of the duties that only lawyers
may undertake. Section 41. Duty to safeguard client confidences
in social media. — A lawyer, who uses a social
These provisions shall not apply to law student media account to communicate with any other
practitioners under Rule 138-A of the Rules of person in relation to client confidences and
Court. (Section 35, Canon II, CPRA) information, shall exert efforts to prevent the
inadvertent or unauthorized disclosure or use of,
L. Responsible Use of Social Media or unauthorized access to, such an account.
A lawyer shall uphold the dignity of the legal
profession in all social media interactions in a Section 42. Prohibition against influence through
manner that enhances the people’s confidence in social media. — A lawyer shall not communicate,
the legal system, as well as promote its whether directly or indirectly, with an officer of
responsible use. any court, tribunal, or other government agency
through social media to influence the latter’s
Section 36. Responsible use. — A lawyer shall performance of official duties.
have the duty to understand the benefits, risks,
and ethical implications associated with the use Section 43. Legal information; legal advice. —
of social media. Pursuant to a lawyer’s duty to society and the
legal profession, a lawyer may provide general
Section 37. Online posts. — A lawyer shall ensure legal information, including in answer to
that his or her online posts, whether made in a questions asked, at any fora, through traditional
public or restricted privacy setting that still holds or electronic means, in all forms or types of mass
an audience, uphold the dignity of the legal or social media.
profession and shield it from disrepute, as well as
maintain respect for the law. A lawyer who gives legal advice on a specific set
of facts as disclosed by a potential client in such
Section 38. Non-posting of false or unverified fora or media dispenses Limited Legal Service and
statements, disinformation. — A lawyer shall not shall be bound by all the duties in the CPRA, in
knowingly or maliciously post, share, upload or relation to such Limited Legal Service.
otherwise disseminate false or unverified
statements, claims, or commit any other act of Section 44. Online posts that could violate conflict
disinformation. of interest. — A lawyer shall exercise prudence in
making posts or comments in social media that
Section 39. Prohibition against fraudulent could violate the provisions on conflict of interest
accounts. — A lawyer shall not create, maintain under the CPRA.
or operate accounts in social media to hide his or
her identity for the purpose of circumventing the Lawyers' right to privacy vis-à-vis online
law or the provisions of the CPRA. activities is not absolute
The lawyers' right to privacy, especially when it
Section 40. Non-disclosure of privileged comes to their social media account, is limited.
information through online posts. — A lawyer They cannot use this right as a shield against any
shall not reveal, directly or indirectly, in his or her liability. At best, the right to privacy has limited
online posts confidential information obtained application to online activities of lawyers.
from a client or in the course of, or emanating
from, the representation, except when allowed by In light of Belo-Henares, the Court cannot give
law or the CPRA. credence to Atty. Antay, Jr.'s invocation of his

41
right to privacy. His excuse - that his social media ethical implications, including the likelihood of it
account is locked and the contents thereof cannot spreading indiscriminately, becoming available to
be accessed by outsiders is a mere allegation at anyone on social media, and the influence that it
best. Allegations are not proof. Further, the fact could have on lawyers and non-lawyers alike, not
that the exchanges leaked means that his social to mention the children who have been exposed,
media account is not locked as he claims or that or have yet to be exposed, to the said video clip.
there is a rat amidst them. Atty. Gadon failed to take these implications and
consequences into account, and in doing so, he
At any rate, even granting veracity to Atty. Antay, likewise failed in upholding the edict to
Jr.'s allegations, no reasonable expectation of responsibly use social media. (In Re: Atty.
privacy arises in this case. It is settled that in Lorenzo G. Gadon’s Viral Video Against Raissa
ascertaining whether there is a violation of the Robles, A.C. No. 13521, June 27, 2023).
right to privacy, the test is whether a person has
a reasonable expectation of privacy and whether Defense of merely acting as a "spokesman
the expectation has been violated. This, in turn, -lawyer" and a "journalist-blogger", not as
entails a two-part test: (1) whether, by a person's a lawyer, untenable.
conduct, such individual has exhibited an
expectation of privacy; and (2) this expectation is A lawyer is not allowed to divide his personality
one that society recognizes as reasonable. On as an attorney at one time and a mere citizen at
this score, Belo-Henares is clear: there can be no another. Regardless of whether a lawyer is
reasonable expectation of privacy as regards representing his client in court, acting as a
social media postings, regardless if the same are supposed spokesperson outside of it, or is merely
"locked," precisely because the access restriction practicing his right to press freedom as a
settings in social media platforms do not "journalist-blogger," his duties to the society and
absolutely bar other users from obtaining access his ethical obligations as a member of the bar
to the same. (Re: Disturbing Social Media Posts remain unchanged. (Enrico R. Velasco vs. Atty.
of Lawyers/Law Professors, A.M. No. 21-06-20- Berteni Causing, A.C. No. 12883, March 02, 2021)
SC. April 11, 2023)
CANON III: FIDELITY
Mindful of both the benefits and dangers that
come with the use of social media, the CPRA A. Concept of Lawyer’s Fidelity
introduced provisions which mandate its
responsible use. Section 36 of Canon II is most A lawyer owes fidelity to the cause of his client
relevant to the present case: and he shall be mindful of the trust and
confidence reposed in him. (Canon 17, CPR)
Section 36. Responsible use. — A lawyer shall
have the duty to understand the benefits, risks, The relationship of the lawyer and the client
and ethical implications associated with the use becomes imbued with trust and confidence from
of social media. the moment that the lawyer-client relationship
commences, with the lawyer being bound to
Thus, Atty. Gadon cannot exculpate himself by serve his clients with full competence, and to
claiming that he neither published nor posted nor attend to their cause with utmost diligence, care
uploaded the subject video clip onto any social and devotion. To accord with this highly fiduciary
media platform. As a lawyer, it was reasonable to relationship, the client expects the lawyer to be
expect that he understood the consequences of always mindful of the former’s cause and to be
recording the video, its benefits, if any, risks, and diligent in handling the former’s legal affairs. As

42
an essential part of their highly fiduciary Atty. Peneyra violated his obligations of fidelity
relationship, the client is entitled to the periodic and competence and diligence towards his client.
and full updates from the lawyer on the It is well settled that the relationship between a
developments of the case. (Ramiscal vs Orro, A.C. lawyer and a client is imbued with utmost trust
No. 10945 (Formerly CBD 09-2507), February 23, and confidence. As such, lawyers are expected to
2016) exercise the necessary diligence and competence
in managing cases entrusted to them. They
It bears stressing that the relationship between a commit not only to review cases or give legal
lawyer and his client is highly fiduciary and advice, but also to represent their clients to the
prescribes on a lawyer a great fidelity and good best of their ability without need to be reminded
faith. The highly fiduciary nature of this by either the client or the court. The expectation
relationship imposes upon the lawyer the duty to to maintain a high degree of legal proficiency and
account for the money or property collected or attention remains the same whether the
received for or from his client. Thus, a lawyer's represented party is a high-paying client or an
failure to return upon demand the funds held by indigent litigant.
him on behalf of his client, as in this case, gives
rise to the presumption that he has appropriated The IBP-CBD found that Atty. Peneyra was
the same for his own use in violation of the trust absent for 13 times or more in the criminal case,
reposed in him by his client. This act is a gross and 12 times or more in the civil case. Worse,
violation of general morality, as well as of Atty. Peneyra's unjustifiable absences despite
professional ethics. (Jacolbia vs Panganiban, A.C. due notice and warnings from the courts resulted
No. 12627. February 18, 2020) ultimately in his client’s conviction of the crime of
falsification of a private document for which she
Effect when a lawyer represents a client when he was sentenced to suffer imprisonment, and in the
accepts a professional employment for his adverse decision in the civil case wherein her
services or a retainer agreement: original certificate of title was cancelled. Atty.
Peneyra clearly violated his client's trust and
By accepting a retainer, he impliedly makes the confidence and miserably failed to perform his
following representations: duties with competence and diligence. Atty.
Peneyra effectively abandoned his client's cause
1. that he possesses the requisite degree of without any justifiable reason. (Bratschi vs.
learning, skill and ability other lawyers Peneyra, A.C. No. 11863, August 01, 2023)
similarly situated possess.
2. that he will exert his best judgment in the B. The Responsible and Accountable
prosecution or defense of the litigation Lawyer
entrusted to him.
3. that he will exercise reasonable care and The responsible and accountable lawyer.
diligence in the use of his skill and in the A lawyer shall uphold the constitution, obey the
application of his knowledge to his laws of the land, promote respect for laws and
client's cause; and legal processes, safeguard human rights, and at
4. that he will take all steps necessary to all times advance the honor and integrity of the
adequately safeguard his client's interest legal profession.
(Belleza vs. Macasa, A.C. No. 7815, July
23, 2009 citing Islas vs. Platon, G.R. No. As an officer of the court, a lawyer shall uphold
L-23183, December 29, 1924). the rule of law and conscientiously assist in the
speedy and efficient administration of justice.

43
 Therefore, a lawyer-client relationship shall arise
As an advocate, a lawyer shall represent the when the client consciously, voluntarily and in
client with fidelity and zeal within the bounds of good faith vests a lawyer with the client’s
the law and the CPRA. (Sec. 2, Canon III, Code confidence for the purpose of rendering legal
of Professional Responsibility and Accountability) services such as providing legal advice or
representation, and the lawyer, whether
This provision was partially lifted from the old expressly or impliedly, agrees to render such
CPR: services. (Section 3, Canon III, CPRA)

CANON 1 - A LAWYER SHALL UPHOLD THE A lawyer-client relationship is established when

CONSTITUTION, OBEY THE LAWS OF THE LAND lawyers consistently manifest to a person
AND PROMOTE RESPECT FOR LAW OF AND consulting them that they would provide legal
LEGAL PROCESSES. representation or assistance, regardless of the
close ties between the parties, or the lack of a
CANON 12 - A LAWYER SHALL EXERT EVERY written contract, or the non-payment of legal
EFFORT AND CONSIDER IT HIS DUTY TO ASSIST fees. Lawyers who later on decide not to
IN THE SPEEDY AND EFFICIENT represent their client have the duty to inform
ADMINISTRATION OF JUSTICE. their client. Failure to do so will be cause for
administrative sanction. (Sison v. Dumlao, A.C.
CANON 17 - A LAWYER OWES FIDELITY TO THE No. 11959, April 28, 2021)
CAUSE OF HIS CLIENT AND HE SHALL BE
MINDFUL OF THE TRUST AND CONFIDENCE The absence of a written contract does not
REPOSED IN HIM. preclude a finding that there was a professional
relationship which merits attorney’s fees for
CANON 19 - A LAWYER SHALL REPRESENT HIS professional services rendered. A written
CLIENT WITH ZEAL WITHIN THE BOUNDS OF contract is not an essential element in the
THE LAW. employment of an attorney; the contract may be
express or implied. To establish the relation, it is
Respondent, despite knowing that a pactum sufficient that the advice and assistance of an
commissorium stipulation is prohibited by law, attorney is sought and received in any matter
prepared and notarized various documents that pertinent to his profession. (Dee vs. Court of
were all anchored on such illegal stipulation. In Appeals, 176 SCRA 651)
other words, by his own actions, respondent
consciously, not to mention, repeatedly, After agreeing to take up the cause of a client, a
disregarded the law and settled jurisprudence lawyer owes fidelity to both cause and client,
pertaining to the prohibition against pactum even if the client never paid any fee for the
commissorium. Verily, respondent violated attorney-client relationship. Lawyering is not a
Section 2, Canon III of the CPRA. (Sps. Thomas business; it is a profession in which duty to public
vs. Atty. Retardo Jr., A.C. 13229, June 21, 2023) service, not money, is the primary consideration.
(Burbe vs. Magulta, A.C. No. 5713, June 10,
C. Definition of the Lawyer-Client 2002)
Relationship
A lawyer-client relationship is of the highest D. Authority of Lawyer to Bind Client
fiduciary character. As a trust relation, it is
essential that the engagement is founded on the A lawyer can bind a client in a legal engagement
confidence reposed by the client on the lawyer. only when so authorized through a written

44
agreement. The lawyer, however, cannot
compromise a client’s litigation, or receive A lawyer is presumed to be properly authorized
anything in discharge of a client’s claim, without to represent any cause in which he or she
a special power of attorney for such purpose. appears, and no written power of attorney is
(Section 4, Canon III, CPRA) required to authorize him or her to appear in
court for the client. The court, tribunal, or other
Attorneys have authority to bind their clients in government agency may, on its own initiative or
any case by any agreement in relation thereto on motion of either party, on just cause, require
made in writing and in taking appeals, and in all a lawyer to produce or prove the authority to
matters of ordinary judicial procedure. But they appear on behalf of the client. (Section 5, Canon
cannot, without special authority, compromise III, CPRA)
their client’s litigation, or receive anything in
discharge of a client’s claim but the full amount It has been held that as a logical corollary of the
in cash. (Section 23, Rule 138, Rules of Court) presumption that a lawyer is authorized to appear
for the party he represents, it is also presumed
The general rule is that a client is bound by the that the lawyer is authorized by, and has
counsel's acts, including even mistakes in the conferred with, his client regarding the case
realm of procedural technique. The rationale for before he files an important responsive pleading
the rule is that a counsel, once retained, holds for and on behalf of the latter. (Cebu Stevedoring
the implied authority to do all acts necessary or, Company, Inc. vs. Ramolete, G.R. No. L-56627,
at least, incidental to the prosecution and August 17, 1981)
management of the suit in behalf of his client,
such that any act or omission by counsel within The presumption in favor of the counsel's
the scope of the authority is regarded, in the eyes authority to appear on behalf of a client is a
of the law, as the act or omission of the client strong one. A lawyer is not even required to
himself. It is the client's duty to be in contact with present a written authorization from the client. In
his lawyer from time to time in order to be fact, the absence of a formal notice of entry of
informed of the progress and developments of his appearance will not invalidate the acts performed
case; hence, to merely rely on the bare by the counsel in his client's name.14 However,
reassurances of his lawyer that everything is the court, on its own initiative or on motion of the
being taken care of is not enough. (Bejarasco vs. other party require a lawyer to adduce
People, G.R. No. 159781, February 2, 2011) authorization from the client. (Land Bank of the
Philippines vs. Pamintuan Co., G.R. No. 167886,
Settled is the rule that a client is bound by the October 25, 2005)
mistakes of his counsel. The only exception is
when the negligence of the counsel is so gross, F. Duties as Officers of the Court and in the
reckless and inexcusable that the client is Administration of Justice
deprived of his day in court. In such instance, the
remedy is to reopen the case and allow the party A lawyer shall uphold the constitution, obey the
who was denied his day in court to adduce laws of the land, promote respect for laws and
evidence. However, perusing the case at bar, we legal processes, safeguard human rights, and at
find no reason to depart from the general rule. all times advance the honor and integrity of the
(Almendras Jr., vs. Alemndras, G.R. No., 179491, legal profession. As an officer of the court, a
January 14, 2015) lawyer shall uphold the rule of law and
conscientiously assist in the speedy and efficient
E. Authority of Lawyer to Appear administration of justice. As an advocate, a

45
lawyer shall represent the client with fidelity and behalf of one client, it is the lawyer’s duty to fight
zeal within the bounds of the law and the CPRA. for an issue or claim, but it is his duty to oppose
(Section 2, Canon III, CPRA). it for the other client. In brief, if he argues for one
client, this argument will be opposed by him
Amicus curiae when he argues for the other client.” This rule
Experienced and impartial attorneys may be covers not only cases in which confidential
invited by the Court to appear as amici curiae to communications have been confided, but also
help in the disposition of issues submitted to it. those in which no confidence has been bestowed
(Section 36, Rule 138, Rules of Court) or will be used. Also, there is conflict of interests
of the acceptance of the new retainer will require
A lawyer shall not decline, without just cause, a the attorney to perform an act which will
request by any court, tribunal, or other injuriously affect his first client in any matter in
government agency to act as amicus curiae in any which he represents him and also whether he will
proceeding relating to the lawyer’s expertise or be called upon in his new relation to use against
field of specialization. (Section 23, Canon III, his first client any knowledge acquired through
CPRA) their connection. Another test of the
inconsistency of interests is whether the
G. Duty to Avoid Laboring Under Conflict of acceptance of a new relation will prevent an
Interest attorney from the full discharge of his duty of
undivided fidelity and loyalty to his client or invite
Conflict of interest suspicion of unfaithfulness or double dealing in
A lawyer shall not represent conflicting interests the performance thereof. (Hornilla vs. Salunat,
except by written informed consent of all A.C. No. 5804, July 1, 2003)
concerned given after a full disclosure of the
facts. Prohibition against conflict-of-interest
representation; current clients.
There is conflict of interest when a lawyer In relation to current clients, the following rules
represents inconsistent or opposing interests of shall be observed:
two or more persons. The test is whether on
behalf of one client it is the lawyer’s duty to fight (a) A lawyer shall not enter a business transaction
for an issue or claim, but which is his or her duty with a client or knowingly acquire an ownership,
to oppose for the other client. (Sec. 13, Canon possessory, security, or other pecuniary interest
III, Code of Professional Responsibility and adverse to a client unless:
Accountability)
(1) it is shown that the transaction and terms on
This provision was partially lifted from Rule 15.03 which the lawyer acquires the interest are fair and
of the old CPR: reasonable to the client and are fully disclosed
and transmitted in writing in a manner that can
Rule 15.03. - A lawyer shall not represent be reasonably understood by the client.
conflicting interests except by written consent of
all concerned given after a full disclosure of the (2) the client is advised in writing of the
facts. desirability of seeking, and is given a reasonable
opportunity to seek, the advice of another
There is conflict of interest when a lawyer independent lawyer on the transaction; and
represents inconsistent interests of two or more
opposing parties. The test is whether or not in

46
(3) the client gives written informed consent to judice rule, a lawyer shall not make or negotiate
the essential terms of the transaction and the an agreement giving the lawyer literary or media
lawyer’s role in the transaction, including whether rights to a portrayal or account based in
the lawyer is representing the client in the substantial part on information relating to the
transaction. representation.

Since the respondent has financial or pecuniary (e) A lawyer shall not accept compensation for
interest in SESSI, which is engaged in a business representing a client from any person other than
competing with his client's, and, more the client, unless:
importantly, he occupies the highest position in
SESSI, one cannot help entertaining a doubt on (1) the client gives written informed
his loyalty to his client AIB. This kind of situation consent.
passes the second test of conflict of interest, (2) there is no interference with the
which is whether the acceptance of a new lawyer’s independence or professional
relationship would prevent the full discharge of judgment or with the lawyer-client
the lawyer's duty of undivided fidelity and loyalty relationship; or
to the client or invite suspicion of unfaithfulness (3) the information relating to
or double-dealing in the performance of that representation of a client is protected as
duty. The close relationship of the majority required by the rule on privileged
stockholders of both companies does not negate communication.
the conflict of interest. Neither does his
protestation that his shareholding in SESSI is "a (f) A lawyer, who represents two or more clients
mere pebble among the sands” in the same case, in case there is a settlement or
plea-bargaining, shall disclose to all the clients
Thus, whether Atty. Ballicud is Spouses Gabriel's the existence and nature of all the claims or pleas
dummy, or that he has confidential information involved and the participation of each client in the
about KWP's business operations, the fact that settlement or plea-bargaining.
Atty. Ballicud's actions invited suspicion of
unfaithfulness, or double-dealing remains. Atty. (g) A lawyer shall avoid testifying in behalf of the
Ballicud is guilty of misconduct for representing client, except:
conflicting interests. (Pilar vs. Atty. Baliccud, A.C.
No. 12792, November 16, 2020) (1) on formal matters, such as the mailing,
authentication or custody of an instrument,
(b) A lawyer shall not use confidential information and the like; or
relating to representation of a client without the (2) on substantial matters, in cases where
client’s written informed consent, except as the testimony is essential to the ends of
permitted or required by law or the CPRA. justice, in which event the lawyer must,
during the testimony, entrust the trial of
(c) A lawyer shall not, by undue influence, acquire the case to another counsel. (Sec. 14,
any substantial gift from a client, including a Canon III, Code of Professional
testamentary gift, or prepare on behalf of a client Responsibility and Accountability)
an instrument giving the lawyer such gift, directly
or indirectly. Thus, although the law does not forbid lawyers
from being witnesses and at the same time
(d) Unless with the written informed consent of counsels for a cause, the preference is for them
the client and subject to the application of the sub to refrain from testifying as witnesses, unless

47
they absolutely have to; and should they do so, (b) A lawyer shall maintain the private
to withdraw from active management of the case. confidences of a prospective client even if no
(Philippine National Bank v. Uy Teng Piao, 57 Phil. engagement materializes and shall not use any
337, October 21, 1932) such information to further his or her own
interest, or the interest of any current client. (Sec.
Conflict of interest of a lawyer hired by a 17, Canon III, Code of Professional Responsibility
law firm. and Accountability)

When a lawyer joins a law firm, it shall be the This provision was partially lifted from Rule 15.01
duty of the lawyer to disclose to the law firm, at of the old CPR:
the earliest possible opportunity, his or her
previous clients that may have a potential conflict Rule 15.01. - A lawyer, in conferring with a
of interest with the current clients of the law firm. prospective client, shall ascertain as soon as
If there is a potential conflict of interest, the practicable whether the matter would involve a
lawyer shall not act on the case or cases of the conflict with another client or his own interest,
affected current client. (Sec. 15, Canon III, Code and if so, shall forthwith inform the prospective
of Professional Responsibility and Accountability) client.

Prohibition against dating, romantic or Record shows that respondent rendered legal
sexual relations with a client. services for the complainants on multiple
occasions, and in all those instances, respondent
A lawyer shall not have dating, romantic, or failed to disclose to complainants that an
sexual relations with a client during the attorney-client relationship previously existed
engagement, unless the consensual relationship between him and Mr. Quirante; and that he is
existed between them before the lawyer-client even the principal sponsor in the wedding of the
relationship commenced. (Sec. 16, Canon III, son of Sps. Quirante. Hence, respondent
Code of Professional Responsibility and represented conflicting interest in violation of the
Accountability) CPRA. To hide behind the protective veil of the
limited liabilities of a notary public, respondent
Prohibition against conflict-of-interest denied the existence of an attorney-client
representation; prospective clients. relationship between him and complainants,
arguing that "notarization" is not tantamount to
In relation to prospective clients, the following "legal representation." He thus stated that he
rules shall be observed: cannot be held administratively liable for
representing conflicting since no attorney-client
(a) A lawyer shall, at the earliest opportunity, relationship was formed when he simply
ascertain the existence of any conflict of interest notarized the documents relative to the parties'
between a prospective client and current clients, loan agreement. (Spouses William Thomas and
and immediately disclose the same if found to Marife Yukot Niles vs. Atty. Casiano S. Retardo,
exist. Jr., A.C. No. 13229. June 21, 2023)

In case of an objection by either the prospective Prohibition against conflict- of-interest

or current client, the lawyer shall not accept the representation; former clients.
new engagement.
In relation to former clients, the following rules
shall be observed:

48
 (Canon III, Sec. 19, Code of Professional
(a) A lawyer shall maintain the private Responsibility and Accountability)
confidences of a former client even after the
termination of the engagement, except upon the Legal services organization; conflict of
written informed consent of the former client, or interest.
as otherwise allowed under the CPRA or other A legal services organization is any private
applicable laws or regulations, or when the organization, including a legal aid clinic,
information has become generally known. partnership, association, or corporation, whose
primary purpose is to provide free legal services.
(b) A lawyer shall not use information relating to
the former representation, except as the CPRA or A lawyer-client relationship shall arise only
applicable laws and regulations would permit or between the client and the handling lawyers of
require with respect to a current or prospective the legal services organization. All the lawyers of
client, or when the information has become the legal services organization who participated
generally known. in the handling of a legal matter shall be covered
by the rule on conflict of interest and
(c) Unless the former client gives written confidentiality. (Canon III, Sec. 20, Code of
informed consent, a lawyer who has represented Professional Responsibility and Accountability)
such client in a legal matter shall not thereafter
represent a prospective client in the same or Lawyers in government service; conflict of
related legal matter, where the prospective interest.
client’s interests are materially adverse to the A lawyer currently serving in the government
former client’s interests. (Sec. 18, Canon III Code shall not practice law privately, unless otherwise
of Professional Responsibility and Accountability) authorized by the Constitution, the law or
applicable Civil Service rules and regulations. If
This provision was partially lifted from CANON 21 allowed, private practice shall be upon the
of the old CPR: express authority of the lawyer’s superior, for a
stated specified purpose or engagement, and
CANON 21 - A LAWYER SHALL PRESERVE THE only during an approved leave of absence.
CONFIDENCE AND SECRETS OF HIS CLIENT However, the lawyer shall not represent an
EVEN AFTER THE ATTORNEY-CLIENT RELATION interest adverse to the government. (Canon III,
IS TERMINATED. Sec. 21, Code of Professional Responsibility and
Accountability)
Corporate lawyers; conflict of interest.
In relation to organizational clients, a lawyer who Although the Commission allows CHR lawyers to
represents a corporation or any organization does engage in private practice, a written request and
not, by virtue of such representation, necessarily approval thereof, with a duly approved leave of
represent any constituent or affiliated absence for that matter are indispensable. In the
organization, such as a parent or subsidiary. case at bar, the record is bereft of any such
written request or duly approved leave of
A lawyer for a corporation or other organization, absence. No written authority nor approval of the
who is also a member of its board of directors or practice and approved leave of absence by the
trustees, shall determine whether the CHR was ever presented by respondent. Thus, he
responsibilities of the two roles may conflict. In cannot engage in private practice. (Yumol, Jr. vs.
the event of the latter, the lawyer shall disclose Ferrer, Sr., A.C. No. 6585, April 21, 2005)
the conflict of interest to all concerned parties.

49
Public Attorney’s Office; conflict of interest. practice of law, but also of its constitutional
prerogative to promulgate rules concerning legal
The Public Attorney’s Office is the primary legal assistance to the underprivileged. It is well to
aid service office of the government. In the note here, that it is the PAO's principal mandate
pursuit of its mandate under its charter, the to provide free legal assistance to indigents.
Public Attorney’s Office shall ensure ready access (Request of the public attorney’s office to delete
to its services by the marginalized sectors of section 22, Canon III of the proposed Code of
society in a manner that takes into consideration Professional Responsibility and Accountability,
the avoidance of potential conflict of interest A.M. No. 23-05-05-SC, July 11, 2023)
situations which will leave these marginalized
parties unassisted by counsel. H. Responsibilities of Law Firms and Legal
Clinics; Supervisory and Supervised
A conflict of interest of any of the lawyers of the Lawyers
Public Attorney’s Office incident to services A law student clinic director and supervising
rendered for the Office shall be imputed only to lawyer, under Rule 138- A of the Rules of Court
the said lawyer and the lawyer’s direct supervisor. shall provide meaningful training to law students.
Such conflict of interest shall not disqualify the They shall assume responsibility for any work
rest of the lawyers from the Public Attorney’s performed by the law student while under their
Office from representing the affected client, upon supervision and shall comply with all the laws,
full disclosure to the latter and written informed rules, and guidelines pertaining to Law Student
consent. (Canon III, Sec. 22, Code of Professional Practice. (Section 40, Canon III, CPRA)
Responsibility and Accountability)
I. Lawyer’s Duty of Loyalty Regarding
The foregoing rules strike a balance between Client’s Confidences and Secrets.
access to justice and the need to preserve the
fiduciary relationship between the lawyer and the A lawyer shall not reveal the confidences of the
client. The CPRA recognizes that unlike other client, including data from the client’s files,
clients who can seek legal assistance elsewhere except;
should their counsel of choice be unable to (a) When a written informed consent is
represent them due to a conflict of interest, obtained from the client;
indigent clients, who go to the PAO and legal aid (b) When required by law, such as anti-
organizations less out of choice than out of money laundering statutes, or the Rules
necessity, are left with no legal representation if of Court;
these entities cannot represent them. On the (c) To the extent necessary, to collect the
other hand, indigent clients must also be assured lawyer’s fees;
of the loyalty and confidentiality characteristic of (d) In defense of the lawyer, or the lawyer’s
attorney-client relationships, which are essential employees or associates; or
to the administration of justice. (e) By judicial order, but only if material.
(Section 28, Canon III, CPRA)
Limiting the conflict-of-interest rule to the
handling lawyers seeks to guarantee access to Confidentiality of privileged
legal representation by the poor without communication.
compromising the fiduciary relationship between
the lawyer and the client. Verily, the Court A lawyer shall maintain the confidences of the
adopted Sec. 22, Canon III of the CPRA in the client, and shall respect data privacy laws. The
exercise not only of its power to regulate the duty of confidentiality shall continue even after

50
the termination of the lawyer-client engagement. and client. It is not enough to merely assert the
(Section 27, Canon III, CPRA) attorney-client privilege. The burden of proving
that the privilege applies is placed upon the party
For lawyers in law firms: asserting the privilege. (Gertrudes Simonetti vs.
a. Duty of confidentiality of members Atty. Marapao, A.C. No. 10297, March 09, 2022)
of a law firm: A lawyer shall continue to
be bound by the rule on confidentiality J. Concept of and Rules on Limited Legal
pertaining to clients of his or her previous Services
law office or law firm. (Section 29, Canon
III, CPRA) Limited Legal Services refer to services for a
b. Duty of confidentiality by former specific legal incident, with the expectation by the
lawyers of a law firm: A lawyer may lawyer and the client that the lawyer will not
disclose the legal matters entrusted by a provide continuing legal services in the matter.
client of the firm to the partners and This includes being appointed as counsel de
associates, as well as paralegals, legal officio only for arraignment purposes or special
assistants, law clerks, legal researchers, appearances to make any court submission, to
law interns, and other non-legal staff, give advice, to draft legal documents, to provide
who are or will be involved in the legal assistance before courts or administrative
handling of the client’s account, unless bodies, and the like. In all instances, the lawyer
expressly prohibited by the client. A shall state that the service being rendered is in
lawyer directly entrusted with a client’s the nature of Limited Legal Services. A lawyer
confidences shall adopt necessary who renders Limited Legal Services shall be
measures to prevent other members of entitled to compensation as may be agreed upon
the law firm, both legal and non-legal, to or provided by the Rules of Court. (Canon III,
whom the client’s confidences have been Section 35, CPRA)
shared, from disclosing or using them,
without the written informed consent of Limited Legal Services
the client.(Section 30, Canon III, CPRA) It refer to services for a specific legal incident,
with the expectation by the lawyer and the client
Non-disclosure of legal consultation that the lawyer will not provide continuing legal
a. Filial disclosure: A lawyer shall not services in the matter. (ibid.)
discuss a client’s confidences even with
family members. Limited Legal Services may include:
b. Legal Consultation: lawyer shall not 1. Being appointed as counsel de officio
reveal that he or she has been consulted only for arraignment purposes; or
about a particular case except to avoid 2. Special appearances to make any court
possible conflict of interest. submission, to give advice, to draft legal
documents, to provide legal assistance
Without any testimony from the complainant as before courts or administrative bodies,
to the specific confidential information allegedly and the like. (ibid.)
divulged by respondent without her consent, it is
difficult, if not impossible to determine if there Pro bono Limited Legal Services
was any violation of the rule on privileged A lawyer appointed by the court as counsel de
communication. Such confidential information is officio shall not refuse to render Limited Legal
a crucial link in establishing a breach of the rule Services pro bono on the ground of conflict of
on privileged communication between attorney

51
interest. Instead, the lawyer shall disclose to all (b) The novelty and difficulty of the issues
affected parties such conflict of interest. involved;
(c) The skill or expertise of the lawyer,
In any case, the lawyer may not refuse to render including the level of study and
such pro bono legal services to the person experience required for the engagement;
concerned if only to the extent necessary to (d) The probability of losing other
safeguard the latter’s fundamental rights and not engagements as a result of acceptance of
to deprive such person of remedies available the case;
under the law or rules. (e) The customary charges for similar
services and the recommended schedule
A lawyer currently serving in the government of fees, which the IBP chapter shall
shall not be exempt from pro bono service and provide;
may be appointed by any court, tribunal, or other (f) The quantitative or qualitative value of
government agency as counsel de officio, unless the client’s interest in the engagement,
prohibited by law, or the applicable Civil Service or the benefits resulting to the client from
rules and regulations, or when there is a conflict the service;
of interest with the government. (Section 36, (g) The contingency or certainty of
Canon III, CPRA) compensation;
(h) The character of the engagement,
Duty of confidentiality in Limited Legal whether limited, seasonal, or otherwise;
Services. and
A lawyer who provides Limited Legal Services (i) Other analogous factors. (Section 41,
must protect the client’s private confidences to Canon III, CPRA)
the same extent as if engaged under regular
terms. (Section 37, Canon III, CPRA) However, the deferment of the payment of his
success fees proved unacceptable to Atty. Era. He
Limited Legal Services, when deemed threatened to file administrative, civil, and
terminated: criminal cases against those who were
responsible for the delay in the payment of his
Gen. Rule: A lawyer must cease to provide fees and made true his threats when he instituted
Limited Legal Services to a client when the lawyer an action for the collection of a sum of money
becomes aware that there may be an actual or before the RTC-Quezon City. In the process, he
potential conflict of interest violated a slew of ethical rules, including Rule
20.04 of the CPR, which states that a lawyer shall
Exception: Upon the written informed consent avoid controversies with clients concerning his
of the client. (Section 38, Canon III, CPRA) compensation and shall resort to judicial action
only to prevent imposition, injustice or fraud.
K. Lawyer’s Right to Compensation; Fees (Reinario Bihag vs. Atty. Era, A.C. No. 12880,
and Liens November 23, 2021)
A lawyer shall charge only fair and reasonable
fees. Attorney’s fees shall be deemed fair and Division of fees upon referral
reasonable if determined based on the following A lawyer shall, in case of referral of legal services
factors: in favor of another lawyer with the written
(a) The time spent and the extent of the informed consent of the client, be entitled to a
service rendered or required; division of fees in proportion to the work
performed and responsibility assumed. Where a

52
lawyer undertakes to complete unfinished legal enforcement of the lien shall be by an
business of a deceased lawyer, a division or independent action. (Section 47, Canon III,
sharing of fees is allowed with the deceased CPRA)
lawyer’s legal heirs or estate. (Section 42, Canon
III, CPRA) L. Lawyer’s Duty of Loyalty Regarding
Client’s Funds and Properties
NOTE: A lawyer is entitled to prompt payment
from the client of attorney’s fees. Absent an Prohibition on lending and borrowing;
express agreement as to professional fees, a exceptions.
lawyer is entitled to be paid reasonable attorney’s During the existence of the lawyer-client
fees in accordance with Canon III, Section 41. relationship, a lawyer shall not lend money to a
(Section 45, Canon III, CPRA) client, except under urgent and justifiable
circumstances. Advances for professional fees
Enforcement of attorney’s lien and necessary expenses in a legal matter the
In case of non-payment of attorney’s fees, a lawyer is handling for a client shall not be covered
lawyer may resort to the enforcement of the by this rule.
attorney’s lien under Canon III, Section 54, by
filing a Notice of Enforcement of Attorney’s Lien Neither shall a lawyer borrow money from a client
with the court, tribunal, or other government during the existence of the lawyer-client
agency of origin where the action or proceeding relationship, unless the client’s interests are fully
the lawyer rendered service for is pending, protected by the nature of the case, or by
without prejudice to other remedies under the independent advice. This rule does not apply to
law or the Rules of Court. The Notice shall be standard commercial transactions for products or
accompanied by proof of the services rendered services that the client offers to the public in
and served on the client. The court, tribunal, or general, or where the lawyer and the client have
other government agency, after hearing, shall an existing or prior business relationship, or
determine the lawyer’s entitlement to the claimed where there is a contract between the lawyer and
fees. the client. (Canon III, Sec. 52, Code of
Professional Responsibility and Accountability)
The enforcement of an attorney’s lien shall be
treated as an independent claim and shall in no This provision was partially lifted from Rule 16.04
instance delay the resolution of the main case. of the old CPR:
The resolution of the lawyer’s claim may be
included in the main judgment or in a separate Rule 16.04 - A lawyer shall not borrow money
partial judgment. In the case of a partial from his client unless the client's interest are fully
judgment, the same shall be subject of appeal. protected by the nature of the case or by
An appeal in the main case shall not stay the independent advice. Neither shall a lawyer lend
execution of the lawyer’s lien. In the execution of money to a client except, when in the interest of
the judgment in the main case, the court shall justice, he has to advance necessary expenses in
give due consideration to the pending claim of the a legal matter he is handling for the client.
lawyer.
Atty. Cabarroguis violated the prohibition against
If the claim for attorney’s lien arises after a lawyers lending money to their clients. Pertinent
decision has been rendered by the court, tribunal, to the case at bar is Canon 16 of the Code of
or other government agency of origin on the Professional Responsibility (CPR) which states:
action or proceeding, the claim for the CANON 16 – A lawyer shall hold in trust all

53
moneys and properties of his client that may (d) When the moral predisposition or the mental
come into his possession. AndRule 16.04 thereof or physical condition of the lawyer renders it
which mandates that: A lawyer shall not borrow difficult to carry out the engagement effectively;
money from his client unless the client’s interests (e) When the client deliberately fails to pay the
are fully protected by the nature of the case or by fees for the lawyer’s services, fails to comply with
independent advice. Neither shall a lawyer lend the retainer agreement, or can no longer be
money to a client except, when in the interest of found despite diligent efforts;
justice, he has to advance necessary expenses in (f) When the lawyer is elected or appointed to
a legal matter he is handling for the client. There public office;
is hardly any doubt or dispute that Atty. (g) Other similar cases. (Canon III, Sec. 53, Code
Cabarroguis did lend money to his client, of Professional Responsibility and Accountability)
Tangcay, this fact being evidenced by a real
estate mortgage which the latter signed and Termination of engagement by the client.
executed in favor of the former. (Tangcay vs. The lawyer-client engagement may be
Atty. Cabarroguis, A.C. No. 11821. April 2, 2018) terminated by the client at any time upon loss of
trust and confidence.
In the instant case, there is no dispute that
Respondent obtained several loans from The termination of the engagement shall not
Complainant beginning in 2008 or two (2) years relieve the client from full payment of all
after they established a lawyer-client relationship professional fees due to the lawyer. If the
in 2006, and before they terminated the same in engagement has been reduced to writing, the
2009, in violation of Rule 16.04 of the CPR. We lawyer shall be entitled to recover from the client
have previously emphasized that it is unethical for the full compensation stipulated, unless found by
a lawyer to obtain loans from Complainant during the court, tribunal or other government agency to
the existence of a lawyer-client relationship be unconscionable or unreasonable under Canon
between them. (Aguilar-Dyquiangco vs. Atty. III, Section 41 of the CPRA.
Arellano, A.C. No. 10541, July 12, 2016)
For the payment of the compensation, the lawyer
M. Termination of Lawyer’s Engagement shall have a charging lien upon all judgments for
the payment of money, and executions issued in
Termination of engagement by the lawyer. pursuance of such judgment, rendered in the
A lawyer shall terminate the lawyer- client case where the lawyer’s services had been
engagement only for good cause and upon retained by the client. (Canon III, Sec. 54, Code
written notice, in any of the following cases: of Professional Responsibility and Accountability)

(a) When the client pursues an illegal or immoral Termination of engagement upon death. —
course of conduct in connection with the The death of the lawyer or client shall terminate
engagement; the lawyer-client relationship. The death of such
(b) When the client insists that the lawyer pursue lawyer shall not extinguish the lawyer-client
conduct that is violative of these Canons and engagement between the law firm and the client
rules; handled by such law firm. (Canon III, Sec. 55,
(c) When the lawyer’s inability to work with a co- Code of Professional Responsibility and
counsel will not promote the best interest of the Accountability)
client;
Accounting and turn over upon termination
of engagement.

54
A lawyer who is discharged from or terminates competence, diligence, commitment, and skill
the engagement shall, subject to an attorney’s consistent with the fiduciary nature of the lawyer-
lien, immediately render a full account of and turn client relationship, regardless of the nature of the
over all documents, evidence, funds, and legal matter or issues involved, and whether for
properties belonging to the client. fee or pro bono.

The lawyer shall cooperate with the chosen A lawyer shall provide legal service that is
successor in the orderly transfer of the legal competent, efficient, and conscientious. A lawyer
matter, including all information necessary for the shall be thorough in research, preparation, and
efficient handling of the client’s representation. application of the legal knowledge and skills
necessary for an engagement. (Section 1, Canon
A lawyer shall have a lien upon the funds, III, CPRA)
documents, and papers of the client which have
lawfully come into his or her possession and may Every case a lawyer accepts deserves his full
retain the same until the fair and reasonable fees attention, diligence, skill and competence,
and disbursements have been paid, and may regardless of its importance, and whether he
apply such funds to the satisfaction thereof. accepts it for a fee or for free. A lawyer should
(Canon III, Sec. 56, Code of Professional serve his client in a conscientious, diligent and
Responsibility and Accountability) efficient manner; and he should provide a quality
of service at least equal to that which he, himself,
This provision was partially lifted from Rule 22.02 would expect of a competent lawyer in a like
of the old CPR: situation. By agreeing to be his client’s counsel,
he represents that he will exercise ordinary
Rule 22.02 - A lawyer who withdraws or is diligence or that reasonable degree of care and
discharged shall, subject to a retainer lien, skill demanded by the character of the business
immediately turn over all papers and property to he undertakes to do, to protect the client’s
which the client is entitled, and shall cooperative interests and take all steps or do all acts
with his successor in the orderly transfer of the necessary therefor; and his client may reasonably
matter, including all information necessary for the expect him to discharge his obligations diligently.
proper handling of the matter. (Uy v. Tansinsin, A.C. No. 8252, July 21, 2009)

NOTE: The termination of attorney-client A lawyer should serve his client in a

relationship provides no justification for a lawyer conscientious, diligent and efficient manner; and
to represent an interest adverse to or in conflict he should provide a quality of service at least
with that of the former client. The client's equal to that which lawyers generally would
confidence once reposed should not be divested expect of a competent lawyer in a like situation.
by mere expiration of professional employment. By agreeing to be his client’s counsel, he
(Anglo v. Atty. Valencia et. al, A.C. No. 10567, represents that he will exercise ordinary diligence
February 25, 2015) or that reasonable degree of care and skill having
reference to the character of the business he
Canon IV: Competence and Diligence undertakes to do, to protect the client’s interests
and take all steps or do all acts necessary
A. Duty to Provide Competent, Efficient and therefor, and his client may reasonably expect
Conscientious Legal Services him to discharge his obligations diligently.
A lawyer professionally handling a client's cause (Villaflores v. Limos, A.C. No. 7504, November
shall, to the best of his or her ability, observe 23, 2007)

55
 A lawyer shall, after reasonable inquiry, promptly
The moment the lawyer-client relationship give an objective assessment of the merits and
commences, the relationship of the lawyer and probable results of the client’s case.
the client becomes imbued with trust and
confidence. Thereupon, the lawyer is bound to A lawyer shall explain the viable options to the
serve his or her clients with full competence, and client to enable an informed decision regarding
to attend to their cause with utmost diligence, the matter. (Section 5, Canon III, CPRA)
care and devotion. In accordance with this highly
fiduciary relationship, the client expects the The lack of communication and coordination
lawyer to be always mindful of the former’s cause between respondent Atty. Margallo and her client
and to be diligent in handling his or her legal was palpable but was not due to the lack of
affairs. (Katipunan, Jr. v. Carrera, A.C. No. 12661, diligence of her client. This cost complainant
February 19, 2020, J. Lazaro-Javier) Ramirez his entire case and left him with no
appellate remedies. His legal cause was orphaned
B. Specific Duties Owed Relating to not because a court of law ruled on the merits of
Competence his case, but because a person privileged to act
as counsel failed to discharge her duties with the
1. Punctuality in All Appearances, requisite diligence. Her assumption that
Punctuality in Delivering Legal Services complainant Ramirez was no longer interested to
A lawyer shall diligently and seasonably act on pursue the Appeal is a poor excuse. There was no
any legal matter entrusted by a client. proof that she exerted efforts to communicate
with her client. This is an admission that she
A lawyer shall be punctual in all appearances, abandoned her obligation as counsel based on an
submissions of pleadings and documents before assumption. Respondent Atty. Margallo failed to
any court, tribunal or other government agency, exhaust all possible means to protect complainant
and all matters professionally referred by the Ramirez’s interest, which is contrary to what she
client, including meetings and other had sworn to do as a member of the legal
commitments. (Section 3, Canon IV, CPRA) profession. For these reasons, she clearly violated
Canon 17 and Canon 18, Rules 18.03 and 18.04
Punctuality extends to delivering legal services of the Code of Professional Responsibility.
He likewise violated Canon III (Fidelity) and (Reynaldo G. Ramirez vs. Atty. Mercedes
Canon IV (Competence and Diligence), when he Buhayang-Margallo, A.C. No. 10537, February 3,
did not file the said petition despite the amounts 2015)
advanced by complainant for that purpose. He
failed to update complainant on the status of the 3. Giving Case Status Updates, Particularly
case, such that complainant resorted to inquiring Milestones
directly with RTC Branch 109 of Pasay City, and
ultimately ended up hiring another lawyer for his Duty to update the client.
case. (Pante vs. Atty. Tebelin, A.C. No. 13630, A lawyer shall regularly inform the client of the
June 27, 2023) status and the result of the matter undertaken,
and any action in connection thereto, and shall
2. Explaining Viable Options respond within a reasonable time to the client’s
request for information. (Section 6, Canon III,
Prompt and objective assessment of the CPRA)
merits.

56
Case law exhorts that once a lawyer takes up the as a lawyer or in another capacity. (Rule 15.08,
cause of his client, he is duty-bound to serve the CPR)
latter with competence, and to attend to such
client's cause with diligence, care, and devotion The engagement of their counsel in another
whether he accepts it for a fee or for free. He capacity concurrent with the practice of law is not
owes fidelity to such cause and must always be prohibited, so long as the roles being assumed by
mindful of the trust and confidence reposed upon such counsel is made clear to the client. The only
him. Therefore, a lawyer's neglect of a legal reason for this clarification requirement is that
matter entrusted to him by his client constitutes certain ethical considerations operative in one
inexcusable negligence for which he must be held profession may not be so in the other. (New
administratively liable, as respondent in this case. Sampaguita Builder Construction, Inc. v.
(Pia Marie B. Go vs. Atty. Grace C. Buri, A.C. No. Philippine National Bank, G.R. No. 148753, July
12296, December 04, 2018) 30, 2004)

Here, respondent explained that he failed to Canon V: Equality

update complainant of the status of the cases he
filed because their time did not always coincide. A. Policy of Non-Discrimination
The excuse proffered by respondent is too lame
and flimsy to be given credit. Respondent himself Every lawyer shall adhere to the principle of
admitted that he had notice that complainant had equality and hold firmly the belief that every
visited his office many times. Yet, despite the person, regardless of nationality or ethnicity,
efforts exerted and the vigilance exhibited by color, sexual orientation or gender identity,
complainant, respondent neglected and failed to religion, disability, age, marital status, social or
fulfill his obligation under Rules 18.03 and 18.04 economic status, and other like circumstances,
to keep his client informed of the status of his has the fundamental right to equal treatment and
case and to respond within a reasonable time to representation. (Canon V, Par. 1, Code of
the client’s request for information. (Julian Penilla Professional Responsibility and Accountability)
vs. Atty. Quintin P. Alcid, Jr., A.C. No. 9149,
September 4, 2013) As such, the lawyer shall accord equal respect,
attention, dedication and zeal in advancing the
C. Practice of Law Concurrent with another client’s cause, regardless of opinion, religious or
profession political beliefs pertaining on the personal
A lawyer who is engaged in another profession or circumstances of the client, except for justifiable
occupation concurrently with the practice of law reasons. (Canon V, Par. 2, Code of Professional
shall expressly provide in the pertinent contract Responsibility and Accountability)
the nature of the services the lawyer is engaged
to perform. Non-discrimination. — A lawyer shall not decline
to represent a person solely on account of the
The practice of another profession or occupation latter’s nationality or ethnicity, sexual orientation
shall not jeopardize such lawyer’s competence, or gender identity, religion, disability, age, marital
integrity, probity, and independence in rendering status, social or economic status, political beliefs,
legal services. (Section 9, Canon III, CPRA) or such 88h a client who belongs to a vulnerable
sector, a lawyer shall be mindful and sensitive of,
If engaged in another profession or occupation and consider the client’s special circumstances, as
concurrently with the practice of law, the lawyer well as the applicable laws and rules. (Sec. 1(1),
shall make clear to his client whether he is acting

57
Canon V, Code of Professional Responsibility and B. Duty to be Mindful and Sensitive in
Accountability) Providing Affirmative Action in
Favor of Vulnerable Persons
Principles of non-discrimination and equality are
deeply embedded in the Philippine system of Treatment of vulnerable persons. — In dealing
laws. As such, every member of the legal with a client who belongs to a vulnerable sector,
profession is bound to observe and abide by a lawyer shall be mindful and sensitive of, and
them, especially when dealing with LGBTQIA+ consider the client’s special circumstances, as
individuals. (Re: Disturbing Social Media Posts of well as the applicable laws and rules. (Sec. 2(1),
Lawyers/Law Professors, A.M. No. 21-06-20-SC. Canon V, Code of Professional Responsibility and
April 11, 2023) Accountability)

Marginalized include those other than The lawyer shall observe a higher standard of
heteronormative. service suited to the particular needs of the
Those with sexual orientations other than the vulnerable person and shall assert such person’s
heteronormative, gender identities that are right to meaningful access to justice. (Sec. 2(2),
transgender or fluid, or gender expressions that Canon V, Code of Professional Responsibility and
are not the usual manifestations of the dominant Accountability)
and expected cultural binaries — the lesbian, gay,
bisexual, transgender, queer, intersex, and other A vulnerable person is a person who is at a higher
gender and sexual minorities (LGBTQI+) risk of harm than others, and shall include
community have suffered enough marginalization children, the elderly, the homeless, persons with
and discrimination within our society. (Re: disability, persons deprived of liberty, human
Disturbing Social Media Posts of Lawyers/Law rights victims, victims of domestic violence,
Professors, A.M. No. 21-06-20-SC, 11 April 2023) victims of armed conflict, those who are socio-
economically disadvantaged, those who belong to
Any discriminatory act can be a source of civil racial or ethnic minorities, or those with
liability as underscored in Social Security System debilitating physical or mental conditions. (Sec.
v. Ubaña: That public policy abhors inequality and 2(3), Canon V, Code of Professional
discrimination is beyond contention. Our Responsibility and Accountability)
Constitution and laws reflect the policy against
these evils. The Constitution in the Article on Several of the women-victims who submitted
Social Justice and Human Rights exhorts their Judicial Affidavits in support of the
Congress to 'give highest priority to the Complaint were particularly vulnerable, being
enactment of measures that protect and enhance house helpers and/or storekeepers who
the right of all people to human dignity, reduce previously worked for respondent. In fact, CCC,
social, economic, and political inequalities.' The EEE, and FFF were all working students and
very broad Article 19 of the Civil Code requires sorely needed to retain their employment with
every person, 'in the exercise of his rights and in the Spouses for them to continue their studies.
the performance of his duties, [to] act with CCC's family was even indebted to the Spouses.
justice, give everyone his due, and observe Plainly, the women were relying on their income
honesty and good faith. (Re: Disturbing Social from their employment with the Spouses to
Media Posts of Lawyers/Law Professors, A.M. No. support their education and pay their expenses.
21-06-20-SC. April 11, 2023) The economic disparity between respondent and
these women therefore made respondent's
grossly immoral conduct especially egregious.

58
(Atty. Rojas vs. Atty. Quiambao, A.C. No. 13496,
June 04, 2024) A verified complaint filed with the
Supreme Court may be referred to the
Laws protecting vulnerable persons: IBP for investigation, report and
1. Equal protection clause (Art III, Sec. 1, recommendation, except when filed
1987 Constitution) directly by the IBP, in which case, the
2. Republic Act No. 7277 - Magna Carta for verified complaint shall be referred to the
Disabled Persons Office of the Bar Confidant or such fact-
3. Republic Act No. 8371 - Indigenous finding body as may be designated.
Peoples’ Rights Act of 1997
4. Republic Act No. 9710 - Magna Carta of Complaints for disbarment, suspension
Women and discipline filed against incumbent
5. Republic Act No. 7610 - Special Justices of the Court of Appeals,
Protection of Children Against Abuse, Sandiganbayan, Court of Tax Appeals
Exploitation, and Discrimination Act and judges of lower courts, or against
6. Republic Act No. 11313 - Safe Spaces Act lawyers in the judicial service, whether
7. Presidential Decree No. 442 - Labor Code they are charged singly or jointly with
of the Philippines other respondents, and whether such
8. Republic Act No. 9999 - Free Legal complaint deals with acts unrelated to
Assistance Act of 2010 the discharge of their official functions,
9. A.M. No. 22-11-01-SC - The Rules on shall be forwarded by the IBP to the
Unified Legal Aid Service Supreme Court for appropriate
disposition under Rule 140, as
Canon VI: Accountability amended.(Sec. 2, Canon VI, CPRA)

A. Nature and Characteristics of 2. Proceedings against a government

Disciplinary actions against lawyer
Lawyers When a complaint is filed against a
government lawyer, the Investigating
1. How instituted Commissioner shall determine, within
Proceedings for the disbarment, five (5) calendar days from assignment
suspension, or discipline of lawyers may by raffle, whether the concerned agency,
be commenced either by: the Ombudsman, or the Supreme Court
has jurisdiction. If the allegations in the
1. The Supreme Court on its own complaint touch upon the lawyer's
initiative, continuing obligations under the CPRA or
2. upon the filing of a verified if the allegations, assuming them to be
complaint by the Board of true, make the lawyer unfit to practice
Governors of the IBP, the profession, then the Investigating
3. by any person, before the Commissioner shall proceed with the
Supreme Court or the IBP. case. Otherwise, the Investigating
However, a verified complaint against a Commissioner shall recommend that the
government lawyer which seeks to complaint be dismissed.(Sec. 6, Canon
discipline such lawyer as a member of the VI, CPRA)
Bar shall only be filed in the Supreme
Court.

59
3. Proceedings against members of
the judiciary 6. Executory Nature of the Decision or
Complaints for disbarment, suspension Resolution
and discipline filed against incumbent The decision or resolution pronouncing
Justices of the Court of Appeals, the respondent's administrative liability is
Sandiganbayan, Court of Tax Appeals immediately executory. The copies of the
and judges of lower courts, or against decision or resolution shall be furnished
lawyers in the judicial service, whether to the Office of the Bar Confidant, the IBР
they are charged singly or jointly with National Office and local chapter to which
other respondents, and whether such the respondent belongs, and the Office of
complaint deals with acts unrelated to the Court Administrator for circulation to
the discharge of their official functions, all the courts. (Sec. 43, Canon VI, CPRA)
shall be forwarded by the IBP to the
Supreme Court for appropriate 7. Sworn Statement after service of
disposition under Rule 140, as amended. Suspension
(Par 3. Section 2, Canon VI) Upon the expiration of the period of
suspension from the practice of law, the
4. Preventive Suspension lawyer shall file a Sworn Statement with
After receipt of respondent's answer or the Supreme Court, through the Office of
lapse of the period therefor, the Supreme the Bar Confidant, to show that the
Court, on its own initiative, or upon the petitioner, during the period of
recommendation of the IBP Board of suspension:
Governors, the Office of the Bar
Confidant, or the fact-finding body (a) has not appeared before any court,
referred to in Section 30, may suspend a tribunal or other government agency,
lawyer from the practice of law during whether in respect of current, former or
the pendency of the investigation for a prospective clients;
period not exceeding one hundred eighty
(180) calendar days or until such (b) has not signed or filed any pleading
suspension is lifted by the Supreme or other court submission;
Court, in order to prevent interference (c) has duly informed his or her clients,
with or obstruction of the investigation, law firm, law school where the lawyer is
tampering, concealment or destruction of teaching, legal clinic, or other legal
evidence, intimidating or exerting undue service organization of which he or she is
influence on any witness.(Sec. 31, Canon a member, regarding the suspension;
VI, CPRA) and
(d) has not otherwise performed any act,
5. Quantum and Burden of Proof directly or indirectly, that amounts to the
In administrative disciplinary cases, the practice of law.
complainant has the burden of proof to
establish with substantial evidence The Sworn Statement shall state the date
the allegations against the respondent. of the lawyer's receipt of the order,
Substantial evidence is that amount of decision or resolution imposing the
relevant evidence which a reasonable penalty of suspension, as well as a list of
mind might accept as adequate to justify the lawyer's engagements affected by
a conclusion. (Sec. 32, Canon VI, CPRA) the suspension, indicating the relevant

60
 court, tribunal or other government possible, an explanation as to why such
agency, if any. attempt at reconciliation could not be
made. Where there is no private
Copies of the Sworn Statement shall be offended party, the plea for clemency
furnished to the Local Chapter of the IBP, must contain a public apology; and
to the Executive Judge of the courts (e) notwithstanding the conduct for
where the suspended lawyer has pending which the disbarred lawyer was
cases handled by him or her, and/or disciplined, he or she has the requisite
where he or she has appeared as good moral character and competence.
counsel. (Sec. 45, Canon VI, CPRA)
Any of the following allegations may
The lifting of a lawyer's suspension is not also be made in support of the
automatic upon the end of the period petition:
stated in the Court's decision, and an
order from the Court lifting the 1. that he or she still has productive
suspension at the end of the period is years that can be put to good
necessary in order to enable him [or her] use if given a chance; or
to resume the practice of his [or her]
profession. Jurisprudence requires that a 2. there is a showing of promise
lawyer who has been suspended from (such as intellectual aptitude,
the practice of law should first request for learning or legal acumen or
the lifting of the order of suspension. contribution to legal scholarship
(Aurora Ladim vs. Atty. Ramirez, A.C.No. and the development of the legal
10372, February 21, 2023) system or administrative and
other relevant skills), as well as
8. Judicial Clemency
potential for public service.(Sec.
48, Canon VI, CPRA)
The verified petition for judicial
clemency shall allege the following:
9. Prohibition against employment of
disbarred or suspended lawyer
(a) that the verified petition was filed
A lawyer who has been disbarred or
after five (5) years from the receipt of the
suspended shall not be employed or
order, decision, or resolution of
engaged in the practice of law, including
disbarment;
the performance of the following acts:
(b) that the disbarred lawyer has fully
complied with the terms and conditions
(a) Providing legal consultation or advice.
of all prior disciplinary orders, including
(b) Appearing on behalf of a client in any
orders for restitution;
hearing or proceeding before any court,
(c) that he or she recognizes the
tribunal, or other government agency or
wrongfulness and seriousness of the
office;
misconduct for which he or she was
(c) Appearing as a representative of a
disbarred by showing positive acts
client at a deposition or other discovery
evidencing reformation;
matter.
(d) that he or she has reconciled, or
(d) Negotiating or transacting any legal
attempted in good faith to reconcile, with
matter for or on behalf of a client with
the wronged private offended party in
third parties;
the disbarment case, or if the same is not

61
 (e) Receiving, disbursing, or otherwise
handling a client's funds. A proceeding for suspension or disbarment is an
(f) Teaching law subjects in any investigation by the court into the conduct of its
educational institution; or officer or an examination into his character (In re:
(g) Acting and being commissioned as a Almacen, G.R. No. L-27654, February 18, 1970).
Notary Public.
NOTE: The examination, like the one before
A suspended lawyer shall immediately admission, is merely a test of fitness. It is
cease and desist from the practice of law nonetheless a JUDICIAL PROCEEDING (Santiago
until the suspension is lifted by the vs. Calvo, G.R. No. L-24649, March 17, 1926).
Supreme Court.
i. It is not a civil or criminal proceeding;
Any client previously represented by a ii. Double jeopardy cannot be availed of as a
suspended lawyer may engage the defense;
iii. It can be instituted motu proprio by the
services of a new lawyer.
Supreme Court or the IBP;
iv. It can proceed regardless of interest of lack
The disbarment or suspension of a of interest of complainant;
handling lawyer shall not terminate the v. It is confidential;
lawyer-client engagement between the vi. It is imprescriptible; and
client and the law firm, unless the client vii. It constitutes due process in itself.
chooses otherwise.(Sec. 52, Canon VI,
CPRA) A case of suspension or disbarment may proceed
regardless of interest or lack of interest of the
a. Sui Generis character of administrative complainant. What matters is whether, on the
case against a lawyer basis of the facts borne out by the record, the
Disciplinary proceedings against lawyers are charge of deceit and grossly immoral conduct has
sui generis. Neither purely civil nor purely been proven. This rule is premised on the nature
criminal, they do not involve a trial of an of disciplinary proceedings. A proceeding for
action or a suit but are rather investigations suspension or disbarment is not a civil action
by the Court into the conduct of one of its where the complainant is a plaintiff and the
officers. Public interest is their primary respondent lawyer is a defendant. Disciplinary
objective, and the real question for proceedings involve no private interest and afford
determination is whether or not the attorney no redress for private grievance. They are
is still a fit person to be allowed the undertaken and prosecuted solely for the public
privileges as such. (AA Total Learning Center welfare. They are undertaken for the purpose of
for Young Achievers vs. Atty. Caronan, A.C. preserving courts of justice from the official
No. 12418, March 10, 2020). ministration of persons unfit to practice in them.
The attorney is called to answer to the court for
The Court exercises the power to disbar with his conduct as an officer of the court. The
great caution. Being the most severe form of complainant or the person who called the
disciplinary sanction, it is imposed only for the attention of the court to the attorney's alleged
most imperative reasons and in clear cases of misconduct is in no sense a party, and has
misconduct affecting the standing and moral generally no interest in the outcome except as all
character of the lawyer as an officer of the court good citizens may have in the proper
and a member of the bar. (Atty. Perito vs. Atty. administration of justice (Loberes-Pintal vs.
Baterina, A.C. No. 12631, July 8, 2020).

62
Baylosis, A.C. No. 11545 [Formerly CBD Case No. proceedings are matters of public interest and the
12-3439], January 24, 2017). only basis for judgment is the proof or failure of
proof of the charges; and not whether the
It is not a criminal prosecution as the proceedings complaining witnesses suffered injury from the
are not meant as a punishment depriving him a acts complained of, nor whether the
source of livelihood but is rather that those who complainants waived or withdrew the charges
exercise this function should be competent, (Navarro vs. Meneses III, CBD A.C. No. 313,
honorable and reliable in order that courts and January 30, 1998).
the public may rightly repose confidence in them
(Ong vs. Unto, Adm. Case no. 2417, February 6, Rationale for the Rule
2002). If the rule were otherwise, members of the bar
Disbarment, jurisprudence teaches, should not be would be emboldened to disregard the very oath
decreed where any punishment less severe, such they took as lawyers, prescinding from the fact
as reprimand, suspension, or fine, would that as long as no private complainant would
accomplish the end desired. This is as it should immediately come forward, they stand a chance
be considering the consequence of disbarment on of being completely exonerated from whatever
the economic life and honor of the erring person administrative liability they ought to answer for.
(Atty. Ricardo Salomon, Jr. vs. Atty. Joselito C. It is the duty of this Court to protect the integrity
Frial, A.C. No. 7820, September 12, 2008). of the practice of law as well as the administration
of justice (Heirs of Pedro Alilano vs. Examen, A.C.
NOTE: The Court is not bound by such No. 10132, March 24, 2015).
desistance as the present case involves public
interest. Indeed, the Court exercising its power to B. General Provisions of the Code of
take cognizance of administrative cases against Professional Responsibility and
lawyers is not for the purpose of enforcing civil Accountability
remedies between parties, but to protect the
court and the public against an attorney guilty of Repealing and Effectivity Clause
unworthy practices in his profession (Leticia
Gonzales vs. Atty. Marcelino Cabucana, A.C. No. WHEREAS, it has been more than three decades
6836, January 23, 2006). since the Code of Professional Responsibility,
which establishes the norms of conduct and
NOTE: Non-joinder of a party is not a ground to ethical standards in the legal profession, was
dismiss a disciplinary proceeding. We emphasize promulgated on June 21, 1988;
that in disbarment proceedings, the Court merely WHEREAS, through Memorandum Order No. 111-
calls upon members of the bar to account for their 2021, dated November 22, 2021, as amended by
actuations as officers of the Court. Consequently, Memorandum Order No. 99-2022, dated July 1,
only the lawyer who is the subject of the case is 2022, the Sub-Committee for the Revision of the
indispensable. No other party, not even a Code of Professional Responsibility was
complainant, is needed (Chavez vs. Lazaro, A.C. reorganized to review the Code.
No. 7045, September 05, 2016 citing Coronel vs.
Cunanan, A.C. No. 6738, August 12, 2015). NOW, THEREFORE, acting on the
recommendation of the Chairperson and the Vice-
Furthermore, the right to institute a disbarment Chairpersons of the Sub-Committee for the
proceeding is not confined to clients nor it is Revision of the Code of Professional
necessary that the person complaining suffered Responsibility, the Court resolves to APPROVE
injury from the alleged wrong. Disbarment

63
"the Code of Professional Responsibility and
Accountability." TO THE COURTS (CANONS 10 TO 13)

The Code of Professional Responsibility and 1. Duty of candor, fairness and good faith to
Accountability shall take effect fifteen (15) the court;
calendar days after its publication in the Official 2. Duty to observe and maintain the respect
Gazette or any newspaper of general circulation. due to the courts and judicial officers and to
insist on similar conduct by others;
Effectivity date of CPRA: May 29, 2023 3. Duty to assist in the speedy and efficient
administration of justice;
Duties of a Lawyer under the Old Code of 4. Duty to rely upon the merits of his cause and
Professional Responsibility refrain from any impropriety which tends to
influence, or gives the appearance of
TO SOCIETY (CANONS 1 TO 6) influencing the court.
1. Duty to uphold the Constitution, obey the
laws of the land and promote respect for TO THE CLIENT (CANONS 14 TO 22)
law and legal processes; 1. Duty not to refuse his services to the needy;
2. Duty to make legal services available in 2. Duty to observe candor, fairness and loyalty
an efficient and convenient manner; in all his dealings and transactions with his
3. Duty to use only true, honest, fair, clients;
dignified and objective information in 3. Duty to hold in trust all moneys and
making known his legal services; properties of his client that may come into
4. Duty to participate in the improvement his profession;
and reforms in the legal system; 4. Duty of fidelity to the cause of his client and
5. Duty to keep abreast of legal to be mindful of the trust and confidence
developments, participate in continuing reposed in him;
legal education programs, support efforts 5. Duty to serve his client with competence and
to achieve high standards in law schools diligence;
and practical training of law students, 6. Duty to represent his client with zeal within
and assist in disseminating the law and the bounds of the law;
jurisprudence; 7. Duty to charge only fair and reasonable fees;
6. These canons apply to lawyers in 8. Duty to preserve the confidence and secrets
government services. of his client even after the attorney-client
relation is terminated;
TO THE LEGAL PROFESSION (CANONS 7 TO 9. Duty to withdraw his services only for good
9) cause and upon notice appropriate in the
circumstances.
1. Duty to uphold the integrity and dignity of
the legal profession, and support the C. NOTARIAL PRACTICE (A.M. NO. 02-8-13-
activities of the Integrated Bar; SC, AS AMENDED)
2. Duty to conduct himself with courtesy,
fairness and candor towards professional Notarial Act and Notarization – refer to any
colleagues and avoid harassing tactics act that a notary public is empowered to perform
under these Rules. (Sec. 7, Rule II, A.M. No. 02-
against opposing counsel;
8-13-SC, 2004 Rules on Notarial Practice).
3. Duty not to, directly or indirectly, assist in
the unauthorized practice of law.

64
Notary Public and Notary – refer to any person commencing the first day of January of the year
commissioned to perform official acts under these in which the commissioning is made, unless
Rules. (Sec. 9, Rule II, A.M. No. 02-8-13-SC, 2004 earlier revoked or the notary public has resigned
Rules on Notarial Practice). under these Rules and the Rules of Court (Sec.
11, Rule III, Ibid).
Proof of notarial documents. Every instrument
duly acknowledged or proved and certified as Stationary office is required
provided by law, may be presented in evidence
without further proof, the certificate of Regular Place of Work or Business. - The term
acknowledgment being prima facie evidence of "regular place of work or business" refers to a
the execution of the instrument or document stationary office in the city or province wherein
involved. (Sec. 30, Rule 132[b], A.M. No. 19-08- the notary public renders legal and notarial
15-SC) services. (Sec. 11, Rule II, Ibid)

It cannot be overemphasized that "notarization is 3. Powers and Limitations

not an empty, meaningless, routinary act." Thus,
lawyers who are commissioned as notaries public
Powers and Limitations of Notaries Public
"must observe the basic requirements in the
(Rule IV, A.M. No. 02-8-13-SC)
performance of their duties with utmost care.
(Sps. Thomas vs. Atty. Retardo Jr., A.C. 13229,
Powers
June 21, 2023)
a. A notary public is empowered to perform the
1. Qualifications of a Notary Public following notarial acts:
1. Acknowledgements;
A notarial commission may be issued by an 2. Oaths and affirmations;
Executive Judge to any qualified person who 3. Jurats;
submits a petition in accordance with these Rules. 4. Signature witnessings;
(Sec. 1, Rule III, A.M. No.02-8-13-SC, 2004 Rules 5. Copy certifications; and
on Notarial Practice)
6. Any other act authorized by these
To be eligible for commissioning as notary Rules. (Sec. 1[a], Rule IV, 2004 Rules
public, the petitioner must: on Notarial Practice)

1. be a citizen of the Philippines; b. A notary public is authorized to certify the

2. be over twenty-one (21) years of age; affixing of a signature by thumb or other
3. be a resident in the Philippines for at least mark on an instrument or document
one (1) year and maintains a regular place
presented for notarization if:
of work or business in the city or province
where the commission is to be issued; 1. The thumb or other mark is affixed in
4. be a member of the Philippine Bar in good the presence of the notary public and of
standing with clearances from the Office of two (2) disinterested and unaffected
the Bar Confidant of the Supreme Court and witnesses to the instrument or
the Integrated Bar of the Philippines; and document;
not have been convicted in the first instance 2. Both witnesses sign their own names in
of any crime involving moral turpitude (Sec.
addition to the thumb or other mark;
1, Rule III, A.M. No. 02-8-13-SC, 2004 Rules
on Notarial Practice). 3. The notary public writes below the
thumb or other mark: “Thumb or Other
2. Term of Office of a Notary Public Mark affixed by (name of signatory by
mark) in the presence of (names and
A person commissioned as notary public may addresses of witnesses) and
perform notarial acts for a period of two (2) years undersigned notary public”; and

65
 4. The notary public notarized the 4. Any place where a party to an instrument or
signature by thumb or other mark document requiring notarization is under
through an acknowledgement, jurat, or detention. (Sec. 2[1], Rule IV, Ibid).
signature witnessing. (Sec. 1[b], Rule
IV, Ibid.) A person shall not perform a notarial act if the
person involved as signatory to the instrument or
c. A notary public is authorized to sign on document -
behalf of a person who is physically unable 1. Is not in the notary’s presence personally at
to sign or make a mark on an instrument or the time of the notarization; and
document if: 2. Is not personally known to the notary public
(1) The notary public is directed by the or otherwise identified by the notary public
person unable to sign or make a mark through competent evidence of identity as
to sign on his behalf; defined by these Rules. (Sec. 2, Rule IV,
(2) The signature of the notary public is 2004 Rules on Notarial Practice).
affixed in the presence of two
disinterested and unaffected witnesses Notary Public’s Physical Appearance Required
to the instrument of the document; The provision bolsters the requirement of
(3) Both witnesses sign their own names; physical appearance as it prohibits the notary
(4) The notary public writes below his public from performing a notarial act if the
signature: “Signature affixed by notary signatory is not in his/her presence at the time of
in presence of (names and addresses of the notarization. (Kiener v. Atty. Amores, A.C. No.
person and two [2] witnesses)”; and 9417, November 18, 2020).
(5) The notary public notarizes his
signature by acknowledgement or jurat. A notary public should not notarize a document
(Sec. 1(c), Rule IV, Ibid). unless the person who signed the same is the
very same person who executed and personally
Limitations appeared before him to attest to the contents and
the truth of what are stated therein. Without the
General Rule: A notary public shall not perform appearance of the person who actually executed
a notarial act outside his regular place of work or the document in question, the notary public
business; would be unable to verify the genuineness of the
signature of the acknowledging party and to
Exception: On certain exceptional occasions or ascertain that the document is the party's free act
situations, it may be performed at the request of or deed (Prospero v. Delos Santos, A.C. No.
the parties in the following sites located within his 11583, December 3, 2019.)
territorial jurisdiction:
1. Public offices, convention halls, and similar Disqualifications
places where oaths of office may be a. The notary public is a party to the instrument
administered; or document that is to be notarized;
2. Public function areas in hotels and similar b. He will receive, as a direct or indirect result,
places for the signing of instruments or any commission, fee, advantage, right, title,
documents requiring notarization; interest, cash, property, or other
3. Hospitals and other medical institutions consideration
where a party to an instrument or document Exception: if provided by these
is confined for treatment; and Rules and by law.

66
c. He is a spouse, common-law partner, videoconference, as required by these Rule
ancestor, descendant, or relative by affinity (Section 6, Rule VIII of 2020 Interim Rules
or consanguinity of the principal within the on Remote Notarization of Paper
fourth civil degree. (Sec. 3, Rule IV, 2004 Documents, A.M. No. 20-07-04-SC)
Rules on Notarial Practice ).
False or Incomplete Certificate
In Heirs of Pedro Alilano vs. Atty. Examen, the A notary public shall not:
latter was prohibited to notarize the absolute a. Execute a certificate containing information
deeds of sale since he was related by known or believed by the notary to be false.
consanguinity within the fourth civil degree with b. Affix an official signature or seal on a notarial
the vendee. The law in force at the time of certificate that is incomplete. (Sec. 5, Rule
signing was Revised Administrative Code where IV, Ibid).
such prohibition was removed. Thus, Atty.
Examen was not incompetent to notarize the Notarial Certificate
document even if one of the parties to the deed Refers to the part of, or attachment to, a
was his brother. Under the 2004 Rules on Notarial notarized instrument or document that is
Practice, a notary public is again disqualified completed by the notary public, bears the
among others to perform a notarial act if he is notary's signature and seal, and states the facts
related by affinity or consanguinity to a principal attested to by the notary public in a particular
within the fourth civil degree. The new rules notarization as provided for by these Rules. (Sec.
cannot be given retroactive effect if they would 8, Rule II, Ibid)
work injustice or impair vested rights. In sum, the
deed of donation is valid and compliant with the Improper Instruments or Documents
solemnities in Article 749 of the Civil Code. A notary public shall not notarize a blank or
(Patenia-Kinatac-An, et al. vs. Patenia-Decena, et incomplete instrument or document or an
al., G.R. No. 238325, June 15, 2020.) instrument or document without appropriate
notarial certification. (Sec. 6, Rule IV, Ibid).
Grounds to Refuse Notarization
A notary public shall not perform any notarial act 4. Notarial Register
even if the person requesting tenders the Notarial Register refers to a permanently bound
appropriate fee if: book with numbered pages containing a
a. the notary knows or has good reason to chronological record of notarial acts performed by
believe that the notarial act or transaction is a notary public. (Sec. 5, Rule II, Ibid).
unlawful or immoral;
b. The signatory shows a demeanor which Form of Notarial Register
engenders in the mind of the notary public
reasonable doubt as to the former’s a. A notary public shall keep, maintain, protect,
knowledge of the consequences of the and provide for lawful inspection as provided
transaction requiring a notarial act; and in these Rules, a chronological official
c. In the notary’s judgment, the signatory is notarial register of notarial acts consisting of
not acting of his or her own free will. (Sec. a permanently bound book with numbered
4, Rule IV, 2004 Rules on Notarial Practice). pages.
d. The notary public shall also refuse to
perform the notarial act requested if the The register shall be kept in books to be
principal or witnesses refuse/s to appear furnished by the Solicitor General to any
before the notary public through notary public upon request and upon

67
 payment of the cost thereof. The register Refers to a stationary office in the city or province
shall be duly paged, and on the first page, wherein the notary public renders legal and
the Solicitor General shall certify the number notarial services. (Sec. 11, Rule II, Ibid)
of pages of which the book consists.
b. Shall record in the notarial register the
For purposes of this provision, a reasons and circumstances for not
Memorandum of Agreement or completing a notarial act.
Understanding may be entered into by the
Office of the Solicitor General and the Office c. Shall record in the notarial register the
of the Court Administrator. circumstances of any request to inspect or
copy an entry in the notarial register,
b. A notary public shall keep only one active including the requester’s name, address,
notarial register at any given time (Sec. 1, signature, thumbmark or other recognized
Rule VI, Ibid). identifier, and evidence of identity. The
reasons for refusal to allow inspection or
Entries in the Notarial Register copying of a journal entry shall also be
recorded.
a. For every notarial act, the notary shall record
in the notarial register at the time of d. For Contracts: keep an original copy as part
notarization the following: of his records and enter a brief description
1. The entry number and page number; of the substance thereof and shall give to
2. The date and time of day of the notarial each entry a consecutive number, beginning
act; with number one in each calendar year. He
3. The type of notarial act; shall also retain a duplicate original copy for
4. The title or description of the the Clerk of Court.
instrument, document, or proceeding;
5. The name and address of each e. Shall give to each instrument or document
principal; executed, sworn to, or acknowledged before
6. The competent evidence of identity as him a number corresponding to the one in
defined by these Rules if the signatory his register, and shall also state on the
is not personally known to the notary; instrument or document the page/s of his
7. The name and address of each credible register on which the same is recorded. No
witness swearing to or affirming the blank line shall be left between entries.
person’s identity;
8. The fee charged for the notarial act; f. In case of a protest of any draft, bill of
9. The address where the notarization was exchange or promissory note: make a full
performed if not in the notary’s regular and true record of all proceedings in relation
place of work or business; and thereto and note whether the demand for
10. Any other circumstance the notary the sum of money was made, by whom,
public may deem of significance or when, and where; whether he presented
relevance. (Sec. 2, Rule VI, Ibid) such draft, bill or note; whether notices were
given, to whom and in what manner; where
Regular Place of Work or Business the same was made, when and to whom and
where directed; and of every other fact
touching the same.

68
g. At the end of each week: certify in his 4. the person is shown only the entry or
notarial register the number of instruments entries specified by him.
or documents executed, sworn to,
acknowledged, or protested before him; or if b. The notarial register may be examined by a
none, this certificate shall show this fact. law enforcement officer in the course of an
official investigation or by virtue of a court
h. A certified copy of each month's entries and order.
a duplicate original copy of any instrument c. If the notary public has a reasonable ground
acknowledged, within the 10 days of the to believe that a person has a criminal intent
month following, be forwarded to the Clerk or wrongful motive in requesting
of Court and shall be under the responsibility information. from the notarial register, the
of such officer. If no entry: forward a notary shall deny access to any entry or
statement to this effect in lieu of certified entries therein. (Sec. 4, Rule VI, Ibid).
copies herein required. (Sec. 2, Rule VI,
Ibid). Loss, Destruction or Damage of Notarial
Register
Signatures and Thumb Marks
a. If stolen, lost, destroyed, damaged, or
At the time of notarization, the notary's notarial otherwise rendered unusable or illegible:
register shall be signed or a thumb or other mark 1. Notify the Executive Judge within ten
affixed by each: (10) days after informing the
a. principal; appropriate law enforcement agency (if
b. credible witness swearing or affirming to the theft or vandalism)
identity of a principal; and 2. Provide a proper receipt or
c. witness to a signature by thumb or other acknowledgment, including registered
mark, or to a signing by the notary public on mail and a copy or number of any
behalf of a person physically unable to sign. pertinent police report.
(Sec. 3, Rule VI, Ibid).
b. If upon revocation or expiration of a notarial
Inspection, Copying, and Disposal commission, or death of the notarial register
and notarial records shall immediately be
a. In the notary's presence, any person may delivered to the office of the Executive
inspect an entry in the notarial register, Judge. (Sec. 5, Rule VI, Ibid).
during regular business hours, provided:
1. the person's identity is personally Issuance of Certified True Copies
known to the notary public or proven
through competent evidence of identity The notary public shall supply a certified true
as defined in these Rules; copy of the notarial record, or any part thereof,
2. the person affixes a signature and to any person applying for such copy upon
thumb or other mark or other payment of the legal fees. (Sec. 6, Rule VI, Ibid).
recognized identifier, in the notarial
register in a separate, dated entry; 5. Jurisdiction of Notary Public and Place
3. the person specifies the month, year, of Notarization
type of instrument or document, and A person commissioned as notary public may
name of the principal in the notarial act perform notarial acts in any place within the
or acts sought; and territorial jurisdiction of the commissioning court

69
for a period of two (2) years commencing the first transaction who is personally
day of January of the year in which the known to the notary public and
commissioning is made, unless earlier revoked or who personally knows the
individual, or
the notary public has resigned under these Rules
ii. of two credible witnesses neither
and the Rules of Court. (Sec. 11, Rule III, Ibid). of whom is privy to the
instrument, document or
6. Competent Evidence of Identity transaction who each personally
The phrase "competent evidence of identity" knows the individual and shows
refers to the identification of an individual based to the notary public documentary
on: identification. (Sec. 12, Rule II,
Ibid).
a. at least one current identification
document issued by an official agency
bearing the photograph and signature of 7. Sanctions That May Be Imposed
the individual, such as but not limited to:
i. Passport Revocation and Administrative Sanctions.
ii. Driver’s license
iii. Professional Regulations a. The Executive Judge shall revoke a notarial
Commission ID, commission for any ground on which an
iv. National Bureau of Investigation application for a commission may be denied.
clearance b. In addition, the Executive Judge may revoke
v. Police clearance the commission of, or impose appropriate
vi. Postal ID administrative sanctions upon, any notary
vii. Voter’s ID public who:
viii. Barangay certification
ix. Government Service and 1. fails to keep a notarial register;
Insurance System (GSIS) e-card 2. fails to make the proper entry or entries
x. Social Security System (SSS) in his notarial register concerning his
card notarial acts;
xi. Philhealth card 3. fails to send the copy of the entries to
xii. Senior citizen card the Executive Judge within the first ten
xiii. Overseas Workers Welfare (10) days of the month following;
Administration (OWWA) ID 4. fails to affix to acknowledgments the
xiv. OFW ID date of expiration of his commission;
xv. Seaman’s book 5. fails to submit his notarial register,
xvi. Alien certificate of when filled, to the Executive Judge;
registration/immigrant certificate 6. fails to make his report, within a
of registration reasonable time, to the Executive Judge
xvii. Government office ID concerning the performance of his
xviii. Certification from the National duties, as may be required by the
Council for the Welfare of judge;
Disabled Persons (NCWDP) 7. fails to require the presence of a
xix. Department of Social Welfare principal at the time of the notarial act;
and Development (DSWD) 8. fails to identify a principal on the basis
certification of personal knowledge or competent
b. the oath or affirmation of: evidence;
i. one credible witness not privy to 9. executes a false or incomplete
the instrument, document or certificate under Section 5, Rule IV;

70
 10. knowingly performs or fails to perform Publication of Revocations and
any other act prohibited or mandated Administrative Sanctions
by these Rules; and
11. commits any other dereliction or act The Executive Judge shall immediately order the
which in the judgment of the Executive Clerk of Court to post in a conspicuous place in
Judge constitutes good cause for the offices of the Executive Judge and of the Clerk
revocation of commission or imposition of Court the names of notaries public who have
of administrative sanction. been administratively sanctioned or whose
notarial commissions have been revoked. (Sec. 3,
c. Upon verified complaint by an interested, Rule XI, Ibid).
affected or aggrieved person, the notary
public shall be required to file a verified Death of Notary Public
answer to the complaint. If a notary public dies before fulfilling the
obligations in Section 4(e), Rule VI and Section
If the answer of the notary public is not 2(e), Rule VII, the Executive Judge, upon being
satisfactory, the Executive Judge shall notified of such death, shall forthwith cause
conduct a summary hearing. If the compliance with the provisions of these sections.
allegations of the complaint are not proven, (Sec. 4, Rule XI, A.M. No. 02-8-13-SC).
the complaint shall be dismissed. If the
charges are duly established, the Executive 8. 2020 Interim Rules on Remote
Judge shall impose the appropriate Notarization of Paper Documents (A.M.
administrative sanctions. In either case, the 20-07-04-SC, 14 July 2020)
aggrieved party may appeal the decision to
the Supreme Court for review. Pending the Scope
appeal, an order imposing disciplinary
sanctions shall be immediately executory, These Rules shall be limited to the notarization of
unless otherwise ordered by the Supreme paper documents and instruments with
Court. handwritten signatures or marks through the use
of videoconferencing facilities as defined herein
d. The Executive Judge may motu proprio (Section 2, Rule 1 of 2020 Interim Rules on
initiate administrative proceedings against a Remote Notarization of Paper Documents)
notary public, subject to the procedures
prescribed in paragraph (c) above and Videoconferencing; defined
impose the appropriate administrative
sanctions on the grounds mentioned in the Refers to any tool, device, system, application,
preceding paragraphs (a) and (b). (Sec. 1, and technology that has sufficient interactive
Rule XI, Ibid). audio-video capabilities that allow all the parties
physically located in different locations to see,
Supervision and Monitoring of Notaries hear and communicate with, and present and
Public confirm competent evidence of identity to each
other in real time. These facilities include Webex,
The Executive Judge shall at all times exercise Zoom, Google Meet, Microsoft Teams, and other
supervision over notaries public and shall closely similar web conferencing platforms. (Section 6,
monitor their activities. (Sec. 2, Rule XI, Ibid). Rule 1, ibid.)

Localities Where the Rules Apply

71
Until the Supreme Court directs otherwise, these or concepts are embodied in this Code, however,
Rules shall apply to permit the performance of in case of deficiency or absence of specific
notarial acts through the use of provisions in the New Code, the Canons of
Judicial Ethics and the Code of Judicial Conduct
videoconferencing facilities in cases where the
shall be applicable in a suppletory character.
notary public or at least one of the principals (New Code of Judicial Conduct for the Philippine
resides, holds office, or is otherwise situated in a Judiciary, effective June 1, 2004)
locality that is under community quarantine due
to COVID-19, as directed by the Inter-Agency Bangalore Draft is intended to be the Universal
Task Force for the Management of Emerging and Declaration of Judicial Standards applicable in all
Infectious Diseases (IATF), the provincial judiciaries. (New Code of Judicial Conduct for the
Philippine Judiciary, effective June 1, 2004)
governors with regard to component cities and
municipalities, or mayors of cities and Fundamental Principles:
municipalities with regard to barangays, both
governors and mayors having the concurrence of 1. A universal recognition that a competent,
the relevant regional counterpart body of the independent and impartial judiciary is
IATF. (Section 3, Rule 1, ibid.) essential if the courts are to fulfill their role in
upholding constitutionalism and the rule of
law;
Notarial acts performed through video 2. That public confidence in the judicial system
conferencing is valid and in the moral authority and integrity of the
Any notarial act performed through the use of judiciary is of utmost importance in a modem
videoconferencing facilities pursuant to these democratic society; and
Rules shall have the same validity, force, effect 3. That it is essential that judges, individually
and may be relied upon to the same extent as and collectively, respect and honor judicial
office as a public trust and strive to enhance
any other notarial act performed under the 2004
and maintain confidence in the judicial
Rules on Notarial Practice. (Section 5, Rule 1, system.
ibid.)
The New Code explicitly incorporates the
Applicability of videoconferencing to the Bangalore Principles of Judicial Conduct, making
following notarial acts: it more aligned with international standards.
The New Code clarifies and strengthens ethical
guidelines, providing specific rules on conflicts of
a. Acknowledgment (Rule II)
interest, judicial discipline, and public perception.
b. Jurat, Oath or Affirmation (Rule III) It emphasizes transparency and accountability,
c. Witness to Documents (Rule IV) requiring judges to disclose assets, avoid financial
d. Copy Certifications (Rule VI) conflicts, and engage in judicial education.
e. Any other act authorized under the Rules
b. Role of the Judicial and Bar Council in
Judicial Appointments
JUDICIAL ETHICS
In accordance with the New Code of Judicial
SOURCES Conduct, the Judicial and Bar Council (JBC) plays
a crucial role in selecting and nominating
1. New Code of Judicial Conduct for the candidates for judicial positions. Established
Philippine Judiciary under Article VIII, Section 8 of the 1987
Constitution, the JBC ensures that judicial
a. The Bangalore Draft appointments are merit-based, prioritizing
The New Code of Judicial Conduct for the integrity, competence, and independence, while
Philippine Judiciary supersedes the Canons of remaining free from political influence.
Judicial Conduct to the extent that the provisions

72
Screening and Evaluation of Nominees After deliberations, the JBC submits a shortlist of
at least three nominees per vacancy to the
The JBC is responsible for vetting and President of the Philippines, who then makes the
recommending nominees for judicial vacancies in final appointment. The President cannot appoint
the Supreme Court, Court of Appeals, anyone outside the JBC's shortlist, ensuring that
Sandiganbayan, Court of Tax Appeals, Regional judicial appointments remain objective and merit-
Trial Courts, and other lower courts. It ensures based.
that only candidates who possess the
qualifications, moral integrity, independence, and 2. Code of Judicial Conduct
judicial competence are shortlisted for
appointment. The Old Code of Judicial Conduct was based on
the Canons of Judicial Ethics and aimed to
Safeguarding the Integrity of the Judiciary establish the standards of judicial integrity,
The JBC follows strict ethical and professional impartiality, and competence. It was later
standards in evaluating candidates, in accordance superseded by the New Code of Judicial Conduct
with the New Code of Judicial Conduct, to prevent for the Philippine Judiciary, which was adopted
the entry of unqualified or compromised pursuant to the Bangalore Principles of Judicial
individuals into the judiciary. Conduct. However, several key provisions and
principles from the Old Code remain in effect
Conducting Public Interviews and today under the New Code.
Background Checks
Candidates for judicial positions must undergo While the Old Code of Judicial Conduct was
public interviews, background investigations, and replaced, its core principles remain in effect today
character assessments to determine their fitness through the New Code of Judicial Conduct for the
for the position. Philippine Judiciary. The fundamental values of
independence, integrity, impartiality, propriety,
Ensuring Compliance with the Principles of equality, and diligence continue to guide judges,
the New Code of Judicial Conduct ensuring that the judiciary upholds public
The JBC applies the core principles of the New confidence, fairness, and the rule of law.
Code of Judicial Conduct, ensuring that
appointees uphold the following:
B. Qualities of a Judge or Justice [2004 New
1. Independence: Judges must remain Code of Judicial Conduct]
free from political and external
influences. Canon 1: Independence
A judge should uphold the integrity and
2. Impartiality: Judicial candidates must independence of the judiciary. (Canon 1, Code of
not have conflicts of interest that could Judicial Conduct)
undermine their decision-making.
Judicial independence is a pre-requisite to the
3. Integrity: Appointees must rule of law and a fundamental guarantee of a fair
demonstrate high ethical standards and trial. A judge shall therefore uphold and exemplify
honesty in their professional and judicial independence in both its individual and
personal lives. institutional aspects. (Canon 1, New Code of
Judicial Conduct for the Philippine Judiciary)
4. Competence and Diligence: Judicial
nominees must possess the legal An honorable, competent and independent
expertise, experience, and commitment judiciary exists to administer justice and thus
necessary for their role. promote the unity of the country, the stability of
government, and the well being of the people.
Nominating Qualified Candidates to the (Agpalo, Legal and Judicial Ethics, 2009, pp. 606)
President

73
Judges shall exercise the judicial function confidence in the judiciary which is fundamental
independently on the basis of their assessment of to the maintenance of judicial independence.
the facts and in accordance with a conscientious (Section 8, Canon 1, New Code of Judicial
understanding of the law, free of any extraneous Conduct for the Philippine Judiciary)
influence, inducement, pressure, threat or
interference, direct or indirect, from any quarter Judges should be independent despite if his
or for any reason. (Section 1, Canon 1, New Code sympathy
of Judicial Conduct for the Philippine Judiciary) The fact that the complainant and his
sympathizers had staged a rally demanding the
In performing judicial duties, Judges shall be issuance of a warrant of arrest against the
independent from judicial colleagues in respect of accused is not a sufficient excuse for the
decisions which the judge is obliged to make unjustified haste of respondent judge's act of
independently.(Section 2, Canon 1, New Code of fixing bail without a hearing. (Libarios v. Dabalos,
Judicial Conduct for the Philippine Judiciary) A.M. No. RTJ-89-286 (Resolution), 11 July 1991)

Judges shall refrain from influencing in any Canon 2: Integrity

manner the outcome of litigation or dispute A judge should avoid impropriety and appearance
pending before another court or administrative of impropriety in all activities. (Canon 2, Code of
agency.(Section 3, Canon 1, New Code of Judicial Judicial Conduct)
Conduct for the Philippine Judiciary)
Integrity is essential not only to the proper
Judges shall not allow family, social, or other discharge of the judicial office but also to the
relationships to influence judicial conduct or personal demeanor of judges. (Canon 2, New
judgment. The prestige of judicial office shall not Code of Judicial Conduct for the Philippine
be used or lent to advance the private interests Judiciary)
of others, nor convey or permit others to convey
the impression that they are in a special position Moral integrity is a necessity
to influence the judge. (Section 4, Canon 1, New In the Judiciary, moral integrity is more than a
Code of Judicial Conduct for the Philippine cardinal virtue, it is a necessity. Respondents
Judiciary) must bear in mind that the exacting standards of
conduct demanded from judges are designed to
Judges shall not only be free from inappropriate promote public confidence in the integrity and
connections with, and influence by, the executive impartiality of the judiciary. When the judge
and legislative branches of government, but must himself becomes the transgressor of the law
also appear to be free therefrom to a reasonable which he is sworn to apply, he places his office in
observer. (Section 5, Canon 1, New Code of disrepute, encourages disrespect for the law and
Judicial Conduct for the Philippine Judiciary) impairs public confidence in the integrity of the
judiciary itself. (Lachica vs. Judge Tormis, G.R.
Judges shall be independent in relation to society No. September 20, 2005)
in general and in relation to the particular parties
to a dispute which he or she has to adjudicate. Higher interest of integrity
(Section 6, Canon 1, New Code of Judicial Although concern for family members is deeply
Conduct for the Philippine Judiciary) ingrained in the Filipino culture, the respondent,
being a judge, should bear in mind that he is also
Judges shall encourage and uphold safeguards called upon to serve the higher interest of
for the discharge of judicial duties in order to preserving the integrity of the entire Judiciary.
maintain and enhance the institutional and Canon 2 of the Code of Judicial Conduct requires
operational independence of the judiciary. a judge to avoid not only impropriety but also the
(Section 7, Canon 1, New Code of Judicial mere appearance of impropriety in all activities.
Conduct for the Philippine Judiciary) (Atty. Gandeza, Jr. vs. Judge Tabin, A.M. No.
MTJ-09-1736, July 25, 2011)
Judges shall exhibit and promote high standards
of judicial conduct in order to reinforce public

74
Careful enough to avoid actions tend to and their lawyers' approval, definitely erodes
raise suspicions public confidence in the judiciary. (Re: Laarni N.
A judge should, in pending or prospective Dajao, A.M. No. RTJ-16-2456 (Resolution), 02
litigation before him, be scrupulously careful to March 2020)
avoid such action as it may reasonably tend to
awaken the suspicion that his social or business Canon 3: Impartiality
relations or friendships constitute an element in
determining his judicial course. He must not only A judge should perform official duties honestly,
render a just, correct and impartial decision but and with impartiality and diligence. (Canon 3,
should do so in such a manner as to be free from Code of Judicial Conduct)
any suspicion as to his fairness, impartiality and Judges shall ensure that his or her conduct, both
integrity. (Anonymous vs. Judge Buyucan, A.M. in and out of court, maintains and enhances the
No. MTJ-16-1879, July 24, 2018) confidence of the public, the legal profession and
litigants in the impartiality of the judge and of the
As people’s sense of justice judiciary. (Section 2, Canon 3, Code of Judicial
Conduct)
As the judicial front-liners, judges must behave
with propriety at all times as they are the Competence
intermediaries between conflicting interests and
the embodiments of the people's sense of justice. In Pesayco vs. Layague, no less than the Code of
These most exacting standards of decorum are Judicial conduct mandates that a judge shall be
demanded from the magistrates in order to faithful to the laws and maintain professional
promote public confidence in the integrity and competence. Indeed, competence is a mark of a
impartiality of the Judiciary. No position is more good judge. A judge must be acquainted with
demanding as regards moral righteousness and legal norms and precepts as well as with
uprightness of any individual than a seat on the procedural rules. When a judge displays an utter
Bench. As the epitome of integrity and justice, a lack of familiarity with the rules, he erodes the
judge's personal behavior, both in the public’s confidence in the competence of our
performance of his official duties and in private courts. Such is gross ignorance of the law. One
life should be above suspicion. For moral integrity who accepts the exalted position of a judge owes
is not only a virtue but a necessity in the judiciary. the public and the court the duty to be proficient
(Anonymous Complaint vs. Dagala, A.M. No. MTJ- in the law. Unfamiliarity with the Rules of Court is
16-1886, July 25, 2017) a sign of incompetence. Basic rules of procedure
must be at the palm of a judge’s hands. (State
Use of Titles such as “Dr.” and “Ph.D” Prosecutors II Comilang vs. Judge Belen, A.M.
No. RTJ-10-2216, June 26, 2012)
Here, the inclusion of the titles "Dr." and "Ph.D"
by Judge Dajao in the questioned Order is a clear A judge, in dispensing justice, "should apply the
example of self-promotion and vanity and law impartially, independently, honestly, and in a
disseminates unnecessary publicity. manner perceived by the public to be impartial,
independent and honest." (State Prosecutor
In Office of the Court of Administrator v. Floro, Velasco vs. Hon. Salcedo, A.M. No. RTJ -03-1782,
Jr., we held that judges are held to a higher October 16, 2009)
standard and must act within the confines of the
code they observe. Judges should not use the Impartiality is essential to the proper discharge of
courtroom as platform for announcing their the judicial office. It applies not only to the
qualifications especially to an audience of lawyers decision itself but also to the process by which
and litigants who very well might interpret such the decision is made. (Canon 3, New Code of
publicity as a sign of insecurity. Verily, the public Judicial Conduct for the Philippine Judiciary)
looks upon judges as the bastion of justice —
confident, competent and true. And to discover No judge shall preside in a case in which he is not
that this is not so, as the judge appears so unsure wholly free, disinterested, impartial and
of his capabilities that he has to court the litigants

75
independent. (Gutierrez vs. Hon. Santos, et. al., married man. (Macias vs. Judge Macias, A.M. No.
G.R. No. L-15824, May 30, 1961) RTJ-01-1650, September 29, 2009)

Free from suspicions Languages not befitting of a judge

Judges must not only render just, correct, and In the present case, insulting and insensitive
impartial decisions, resolutions, and orders, but language used by Judge Dajao in the Order he
must do so in a manner free of any suspicion as issued such as "idiot," "psychopath," "big dick
to their fairness, impartiality, and integrity, for (penis)," "sadistic," and "homophobic baklita" is a
good judges are men who have mastery of the language not befitting a judge. It must be
principles of law and who discharge their duties emphasized that judges are enjoined to always
in accordance with law. (Salcedo vs. Bollozos, be temperate, patient and courteous both in
A.M. No., RTJ-10-2236, July 5, 2010) conduct and language. Here, Judge Dajao's
unguarded written words, as well as insinuations
Untruthful statements violates impartiality of a sexual relationship between the parties
involved in the case he was hearing, fell short of
Judge Ramas irrefragably failed to observe these the standards expected of a magistrate of the law
standards by making untruthful statements in his and constituted vulgar and unbecoming conduct
Certificates of Service to cover up his absences. that eroded public confidence in the judiciary.
(Atty. Amante-Descallar vs. Hon. Ramas, A.M. (Re: Laarni N. Dajao, A.M. No. RTJ-16-2456
No. RTJ-06-2015, December 15, 2010) (Resolution), 02 March 2020)

Canon 4: Propriety Homophobic slurs statements not

benefitting a judge.
Propriety and the appearance of propriety are
essential to the performance of all the activities The statements Judge Lorredo made during the
of a judge. (Canon 4, New Code of Judicial preliminary conference, and especially in the
Conduct for the Philippine Judiciary) Comment he filed in this case, are clearly
tantamount to homophobic slurs which have no
Judges as models of law and justice place in our courts of law. The fact that they were
made by no less than a magistrate should
No government position is more demanding of rightfully upset the Court and must perforce be
moral righteousness and uprightness than a seat penalized. It was not too long ago when the Court
in the judiciary. Judges as models of law and in Ang Ladlad LGBT Party v. Commission on
justice are mandated to avoid not only Elections declared that "as far as this Court is
impropriety, but also the appearance of concerned, our democracy precludes using the
impropriety, because their conduct affects the religious or moral views of one part of the
people’s faith and confidence in the entire judicial community to exclude from consideration the
system. (Burias vs. Judge Valencia, A.M. No. MTJ- values of other members of the community."
07-1689, March 13, 2009) Thus, it should come as a matter of course for all
judges to desist from any word or conduct that
Judges shall avoid impropriety and the would show or suggest anything other than
appearance of impropriety in all of their activities. inclusivity for members of the LGBTQIA+
(Section 1, Canon 4, New Code of Judicial community.
Conduct for the Philippine Judiciary)
In the same manner, Judge Lorredo's language
Appearance of propriety inside the courtroom and in his pleading before
the Court are also violative of Sections 1 and 2 of
Mutia testified that he saw Judge Macias having Canon 2 of the New Code of Judicial Conduct.
dinner with Seranillos and entering a bedroom Corollary to Canon 4, Canon 2 also exhorts
with her may not satisfactorily prove the charge judges, as visible representations of the law, to
of immorality, but this act certainly suggested an embody integrity in the discharge of their
appearance of impropriety, Judge Macias being a functions and even in their personal demeanor,

76
to wit: xxx (Espejon and Cabonita vs. Hon. Judge Maybe approved or denied
Lorredo, AM No. MTJ-22-007, March 9, 2022) The approving authority may deny the application
or allow less than ten (10) hours of teaching a
Use of Social Networks week, depending on the applicant's performance
record. (Re: Revision of Restrictions on Teaching
In communicating and socializing through social Hours of Justices, Judges and Personnel of the
networks, judges must bear in mind that what Judiciary, A.M. No. 13-05-05-SC, April 1, 2014)
they communicate – regardless of whether it is a
personal matter or part of his or her judicial duties Canon 5: Equality
– creates and contributes to the people’s opinion A judge should regulate extra-judicial activities to
not just of the judge but of the entire Judiciary of minimize the risk of conflict with judicial duties.
which he or she is a part. This is especially true (Canon 5, Code of Judicial Conduct)
when the posts the judge makes are viewable not
only by his or her family and close friends, but by Ensuring equality of treatment to all before the
acquaintances and the general public. (Lorenzana courts is essential to the due performance of the
v. Austria, A.M. No. RTJ-09-2200, April 2, 2014) judicial office. (Canon 5, New Code of Judicial
Conduct for the Philippine Judiciary)
a. Conditions for Judges/Justices to
engage in business (Rule 5.02, Notatu dignum
Canon 5, 1989 Code of Judicial
Conduct; also Rule 5.04 of the same It is the presumption of regularity in the
Code) performance of a judge's functions, hence bias,
prejudice and even undue interest cannot be
A judge shall refrain from financial and business presumed, specially weighed against a judge's
dealings that tend to reflect adversely on the sacred allegation under oath of office to
court’s impartiality, interfere with the proper administer justice without respect to any person
performance of judicial duties, or increase and do equal right to the poor and to the rich.
involvement with lawyers or persons likely to (Ocampo vs. Judge Arcaya-Chua, A.M. OCA IPI
come before the court. A judge shall not use nor No. 07-2630-RTJ, April 23, 2010)
permit the use of the prestige of judicial office for
business transactions, nor shall a judge use the Use of Gender Fair Language
same personally (Rule 5.02, Canon 5, 1989 Code
of Judicial Conduct[Old]) Our courts are courts of evidence, and its power
to take judicial notice of matters is limited.
A judge or any immediate member of the family Therefore, courts cannot and should not
shall not accept a gift, bequest, favor, or loan perpetuate gender stereotypes, which rest on
from anyone except as may be allowed by law. unfounded generalizations regarding the
(Rule 5.04, Canon 5, 1989 Code of Judicial characteristics and roles of binary and non-binary
Conduct [Old]) genders, but indisputably influence the
perspectives of the judges and litigants alike. This
b. Conditions for Judges to Teach is evident with respect to matters at issue before
(A.M. 13-05-05-SC implemented by the courts, as well as in the language the courts
OCA 218-2019) employ in adjudication. (Re: Proposed Rules on
the Use of Gender-Fair Language in the Judiciary
Teaching hours and Gender-Fair Courtroom Etiquette, A.M. No.
Teaching shall be allowed for not more than ten 21-11-25-SC, [February 15, 2022])
(10) hours a week. On regular working days
(Monday through Friday), teaching shall not be The following are the highlights of the gender fair
conducted earlier than 5:30 p.m. (Re: Revision of language:
Restrictions on Teaching Hours of Justices,
Judges and Personnel of the Judiciary, A.M. No. I. ELIMINATE language, written and
13-05-05-SC, April 1, 2014 and OCA 218-2019) spoken, that excludes or renders invisible
persons of another gender and/or people

77
 with diverse sexual orientation, gender requests for extension can be implied when the
identity and expression, and sex OCA is informed in writing of a judge's heavy
characteristics (SOGIES (ibid) caseload. This principle especially holds true
II. ELIMINATE language that trivializes or when there are other extenuating circumstances
diminishes the stature of persons of showing sufficient justifications for the failure to
another gender and/or people with resolve cases on time (Re: Report on the Judicial
diverse SOGIESC (ibid) Audit Conducted in the RTC Br. 144 Makati City,
A.M. No. 03-11-628-RTC, 25 November 2004)
Violation of Use of Gender Fair Language
In one of the first hearings of my case, when Atty. Mere error of judgement may not be
Rowena Guanzon was not assisting me but ground to be disciplined
another counsel, I was shocked when Judge
Anastacio Rufon, inside the court with so many A judge may not be disciplined for error of
people present, said to me "next time you see judgment absent proof that such error was made
your husband, open your arms and legs." I felt with a conscious and deliberate intent to cause
humiliated and insulted, and was glad that the an injustice. This does not mean, however, that
hearing did not proceed because the respondent a judge need not observe propriety, discreetness
was not present. (A.M. NO. RTJ-07-2038 and due care in the performance of his official
(Formerly A.M. OCA IPI No. 05-2250- RTJ), functions. (Dipatuan vs. Mangotara, A.M. No.
October 19, 2007) RTJ-09-2190, April 23, 2010)

Canon 6: Competence and Diligence Psychic phenomena

Competence and diligence are prerequisites to Psychic phenomena, even assuming such exist,
the due performance of judicial office. (Canon 6, have no place in a judiciary duty bound to apply
New Code of Judicial Conduct for the Philippine only positive law and, in its absence, equitable
Judiciary) rules and principles in resolving controversies.
Thus, Judge Floro's reference to psychic
a. Revised Rules of Court, Rule 140 as phenomena in the decision he rendered in the
amended by A.M. 01-8 14-SC, case of People v. Francisco, Jr. sticks out like a
effective 1 October 2001 sore thumb. In said decision, Judge Floro
discredited the testimony of the prosecution's
(1) All cases or matters filed after the effectivity principal witness by concluding that the
of this Constitution must be decided or resolved testimony was a "fairytale" or a "fantastic story."
within twenty-four months from date of He then went to state that "psychic phenomena"
submission for the Supreme Court, and, unless was destined to cooperate with the stenographer
reduced by the Supreme Court, twelve months who transcribed the testimony of the witness.
for all lower collegiate courts, and three months The pertinent portion of Judge Floro's decision is
for all other lower courts. (Section 15, Article VIII quoted hereunder: xxx (Office of the Court of
1987 Constitution) Administrator v. Floro, Jr., A.M. Nos. RTJ-99-
1460, 99-7-273-RTC & RTJ-06-1988 (Resolution),
Undue delay to render decision or order due (31 March 2006), 520 Phil 590-676)
to heavy caseload not an excuse
As a rule, the mere fact that a case load is heavy Judge Floro lacks the judicial temperament and
cannot absolve erring judges from charges of the fundamental requirements of competence
inefficiency. They must request extensions of and objectivity expected of all judges. He cannot
time within which to decide the delayed cases and thus be allowed to continue as judge for to do so
matters. (Report on the Judicial Audit Conducted might result in a serious challenge to the
in the MTCC-Brs. 1 2 & 3 Mandaue City, A.M. No. existence of a critical and impartial judiciary.
02-8-188-MTCC, 17 July 2003)
Justification to extend time due to heavy caseload C. DISQUALIFICATIONS OF JUDICIAL
This Court normally grants additional periods, OFFICERS (RULE 137)
once meritorious reasons are given. However,

78
Types of Disqualification of Judicial Officers: trustee or counsel, or in which he has
1. Compulsory Disqualification presided in any inferior court when his
2. Voluntary Disqualification ruling or decision is the subject of review,
without the written consent of all parties
Compulsory Disqualification in interest, signed by them and entered
upon the record. (Section 1 Par. 1 of Rule
1. Compulsory disqualification due to 137 of Rules of Court)
Financial Interest
(f) The judge is related by consanguinity
No judge or judicial officer shall sit in any or affinity to a party litigant within the
case in which he, or his wife or child, is sixth civil degree or to counsel within the
pecuniarily interested as heir, legatee, fourth civil degree; or (Section 5, Canon
creditor or otherwise, or in which he is 3 of the New Code of Judicial Conduct)
related to either party within the sixth
degree of consanguinity or affinity, or to 3. Compulsory disqualification due to
counsel within the fourth degree, Previous Role
computed according to the rules of the xxx in which he has been executor,
civil law, or in which he has been administrator, guardian, trustee or
executor, administrator, guardian, counsel, or in which he has presided in
trustee or counsel, or in which he has any inferior court when his ruling or
presided in any inferior court when his decision is the subject of review, without
ruling or decision is the subject of review, the written consent of all parties in
without the written consent of all parties interest, signed by them and entered
in interest, signed by them and entered upon the record. (Section 1 Par. 1 of Rule
upon the record. (Section 1 Par. 1 of Rule 137 of Rules of Court)
137 of Rules of Court)
Gen. Rule: Mandatory disqualified when
(c) The judge, or a member of his or her he has presided in inferior court when his
family, has an economic interest in the ruling or decision is subject of review
outcome of the matter in controversy;
(g) The judge knows that his or her Exception: When all parties in interest
spouse or child has a financial interest, as provided their written consent
heir, legatee, creditor, fiduciary, or
otherwise, in the subject matter in The judge previously served as a lawyer
controversy or in a party to the or was a material witness in the matter
proceeding, or any other interest that in controversy;
could be substantially affected by the
outcome of the proceedings; The judge's ruling in a lower court is the
(Section 5, Canon 3 of the New Code of subject of review; (Section 5, Canon 3 of
Judicial Conduct) the New Code of Judicial Conduct)

2. Compulsory disqualification due to 4. Disqualification due to

Relationship Bias/Knowledge
No judge or judicial officer shall sit in any
case in which he, or his wife or child, is The judge has actual bias or prejudice concerning
pecuniarily interested as heir, legatee, a party or personal knowledge of disputed
creditor or otherwise, or in which he is evidentiary facts concerning the proceedings;
related to either party within the sixth (Section 5, Canon 3 of the New Code of Judicial
degree of consanguinity or affinity, or to Conduct)
counsel within the fourth degree,
computed according to the rules of the NOTE: The judge has no discretion but to
civil law, or in which he has been disqualify himself. Hence, it is mandatory to
executor, administrator, guardian, disqualify himself.

79
 succumb to it considering that he and members
Voluntary Disqualification of the family no less shall ever remain obliged in
eternal gratitude to the recommending counsel,
A judge may, in the exercise of his sound the judge should inhibit himself [Query of
discretion, disqualify himself from sitting in a Executive Judge Estrella Estrada, etc, A.M. No.
case, for just or valid reasons other than those 87-9-3918-RTC (1987) cited in Lex Pareto
mentioned above.(Sec. 1, Par. 2,) (2014)].

The disqualification of the person called upon to Absence of Disqualification

preside over a specific case does not divest his Duty to Take Cognizance of a Case
court of jurisdiction over the subject-matter of or
the persons of the parties to the said case. At The Court has consequently counseled that no
most, the disqualification strikes only at the Judge or Justice who is not legally disqualified
authority of the challenged judge to preside over should evade the duty and responsibility to sit in
the trial of the specific case and therein to the adjudication of any controversy without
exercise the jurisdiction of the court. Important is committing a dereliction of duty for which he or
the distinction between the jurisdiction of the she may be held accountable. Towards that end,
court and the authority of the judge called upon the Court has aptly reminded that to take or not
to exercise such jurisdiction. to take cognizance of a case, does not depend
upon the discretion of a judge not legally
A judge may be disqualified to try, sit in or act in disqualified to sit in a given case. It is his duty not
a specific case, but his disqualification does not to sit in its trial and decision if legally disqualified;
destroy the jurisdiction of the court which he but if the judge is not disqualified, it is a matter
presides over. Thus, if subsequently the of official duty for him to proceed with the trial
judgment of a disqualified judge should be set and decision of the case. He cannot shirk the
aside as null and void by a higher court, the nullity responsibility without the risk of being called
stems not from the court's lack of jurisdiction but upon to account for his dereliction. (Republic vs.
from the absence of authority on the part of the Serreno, G.R. No. 237428, May 11, 2018 citing
disqualified judge to try the given case. (Jose People vs. Miguel Moreno, G.R. No. L-1441, April
Geotine vs. The Hon. Jose Gonzalez; G.R. No. L- 7, 1949)
26310; September 30, 1971)
The Court has consequently counseled that no
Voluntary Judge or Justice who is not legally disqualified
The second paragraph of Section 1, Rule 137 should evade the duty and responsibility to sit in
does not give the judge the unfettered discretion the adjudication of any controversy without
to decide whether or not he will desist from committing a dereliction of duty for which he or
hearing a case. The inhibition must be for just she may be held accountable. Towards that end,
and valid causes. The mere imputation of bias or the Court has aptly reminded
partiality is not enough grounds for a judge to
inhibit, especially when the same is without any Procedure for disqualification
basis. (People vs. Governor Antonio Kho and
Arnel Quidato, G.R. No. 139381, April 20, 2001) If it be claimed that an official is disqualified from
sitting as above provided, the party objecting to
The mere fact that a counsel who is appearing his competency may, in writing, file with the
before a judge was one of those who official his objection, stating the grounds
recommended him to the Bench is not a valid therefor, and the official shall thereupon proceed
ground from voluntary inhibition. “Utang na loob” with the trial, or withdraw therefrom in
per se should not be a hindrance to the accordance with his determination of the
administration of justice. Nor should recognition question of his disqualification. His decision shall
of such value prevent the performance of judicial be forthwith made in writing and filed with the
duties. However, where the judge admits that he other papers in the case, but no appeal or stay
may be suspected of surrendering to the shall be allowed from, or by means of, his
persuasions of utang na loob, and he may decision in favor of his own competency, until

80
final judgment in the case. (Rule 137, sec. is authorized to adopt and implement the
2,Rules of Court) corresponding staffing patterns approved by the
Supreme Court; Provided, however, that the
D. JUDICIAL DISCIPLINE AND CLEMENCY positions, titles and salaries of personnel shall be
in accordance with the Judiciary Position
1. P.D. 828, as amended by P.D. 842 Classification and Pay Plans. (Section 7)

Creation of the Office of the Court Status of Subordinate Personnel.

Administrator. All subordinate officials and employees shall
There is hereby created in the Supreme Court of likewise be appointed by the Supreme Court, shall
the Philippines an Office of the Court belong to the classified service and shall be
Administrator to assist the said Court in the governed by the Civil Service Law, except those
exercise of its power of administrative supervision whose positions are highly technical or primarily
over all courts as provided in Section 6, Article X, confidential.(Section 8)
of the Constitution. (Section 1, P.D. 828, as
amended by P.D. 842) 2. Impeachment of Supreme Court
Justices
Officials of the Office of the Court
Administrator. Members of the Supreme Court may be removed
The Chief of the Office of the Court Administrator from office on impeachment for, and conviction
shall be known as the Court Administrator, who of, culpable violation of the Constitution, treason,
shall have the same rank, privileges, and bribery, graft and corruption, other high crimes,
compensation as those of the Presiding Justice of or betrayal of public trust. (Sec. 2, Article XI,
the Court of Appeals. The Court Administrator 1987 Constitution)
shall be assisted by Three (3) Deputy Court
Administrators, who shall have the same rank, 3. Discipline of Erring Appellate
privileges and compensation as those of Justices and Lower Court Judges
Associate Justices of the Court of Appeals
(Section 2) Discipline of Erring Appellate Justices and Lower
Court Judges includes the:
Qualifications, appointment and tenure. a. Procedure for the Discipline of Erring
The Court Administrator and the Deputy Court Judges/Justices
Administrators shall have the same qualifications b. Automatic Conversion of Some
as Justices of the Court of Appeals. They shall be Administrative Cases Against Justices
appointed by the Supreme Court and shall serve c. Imposable penalties
until they reach the age of sixty-five (65) years or d. Judicial Clemency
become incapacitated to discharge the duties of
their office, but may be removed or relieved for a. Procedure for the Discipline of Erring
just cause by a vote of not less than eight (8) Judges/Justices
Justices of the Supreme Court; provided that a
member of the Judiciary appointed to any of the 1. A verified complaint for impeachment is
positions, shall not be deemed thereby to have filed by a member of the House or
lost the rank, seniority, precedence, benefits, and endorsed by him;
other privileges appertaining to his judicial 2. The complaint is included in the order of
position, and his service in the Judiciary, to all business of the House;
intents and purposes, shall be considered as 3. The House refers the complaint to the
continuous and uninterrupted. (Section 3) proper committee;
4. The committee holds a hearing, approves
The Supreme Court shall create such offices, the resolution calling for impeachment,
services, divisions and other units in the offices of and submits the same to the House;
the Court Administrator, as may be deemed 5. The House considers the resolution and
necessary, and for this purpose, the Chief Justice votes to approve it by at least one third

81
 of all its members, which resolution Notably, We have previously resolved that the
becomes the article of impeachment to same act which led to the imposition of
be filed with the Senate when approved; disciplinary action against members of the
and judiciary can likewise be the basis of imposing
6. The Senate tries the public official under disciplinary action against them both as officials
the article (J. Abad, Separate Concurring and as members of the Philippine Bar (Re: Evelyn
Opinion, Gutierrez vs. HOR Committee on S. Arcaya-Chua, A.C. No. 8616, 08 March 2023)
Justice, G.R. No. 193459, February 15,
2011). b. Imposable Penalties (Section 11, A.M.
No. 01-8-10-SC Proposed Amendment To
i. Administrative Matter 02-9-02-SC.
Rule 140 of the Rules of Court re: Discipline
Automatic Conversion of Some
of Justices and Judges)
Administrative Cases Against Justices of
the Court of Appeals and the
1. Penalties on serious charge
Sandiganbayan; Judges of Regular and 2. Penalties on less serious charge
Special Courts; and Court Officials Who are 3. Penalties on light charges
Lawyers as Disciplinary Proceedings
Against Them Both as Such Officials and as Penalties for serious charges
Members of the Philippine Bar. 1. Dismissal from the service, forfeiture of all or
part of the benefits as the Court may determine,
Administrative cases may be considered and disqualification from reinstatement or
appointment to any public office, including
disciplinary action
government-owned or controlled corporations.
Some administrative cases against Justices of the Provided, however, that the forfeiture of benefits
Court of Appeals and the Sandiganbayan; judges shall in no case include accrued leave credits;
of regular and special courts; and court officials
who are lawyers are based on grounds which are
2. Suspension from office without salary and
likewise grounds for the disciplinary action of
members of the Bar for violation of the Lawyer's other benefits for more than three (3) but not
Oath, the Code of Professional Responsibility, and exceeding six (6) months; or
the Canons of Professional Ethics, or for such
other forms of breaches of conduct that have 3. A fine of more than P20,000.00 but not
been traditionally recognized as grounds for the exceeding P40,000.00. (Section 11A, A.M. No.
discipline of lawyers.
01-8-10-SC Proposed Amendment To Rule 140 of
the Rules of Court re: Discipline of Justices and
In any of the foregoing instances, the
administrative case shall also be considered a Judges)
disciplinary action against the respondent Justice,
judge or court official concerned as a member of In failing to act in over four hundred (400)
the Bar. The respondent may forthwith be criminal cases after directing the submission of
required to comment on the complaint and show counter-affidavits, Judge Ferraris, Jr. is again
cause why he should not also be suspended, guilty of gross neglect of duty. These cases' sheer
disbarred or otherwise disciplinary sanctioned as number and nature are sufficient to consider the
a member of the Bar. Judgment in both respects neglect serious. The revised rules on summary
may be incorporated in one decision or procedure cover the majority of these criminal
resolution. (Automatic Conversion of Some cases. The delay is contrary to the purpose of
Administrative Cases Against Justices, Judges adopting rules on summary procedure to achieve
and Certain Court Officials as Disciplinary expeditious and inexpensive determination of
Proceedings Against Them, A.M. No. 02-9-02-SC, cases. (OCA vs. Judge Ferraris, A. M. No. MTJ-21-
September 17, 2002) 001. December 06, 2022)

82
Without notice, much less consent, respondent respondent judge be found guilty of the light
Judge Asdala met privately with defendant Butler offense of fraternizing with lawyers x x x
in her chambers to discuss the finding of indirect (Pertierra vs. Judge Lerma, A.M. No. RTJ-03-
contempt against the latter without any hearing 1799, September 12, 2003)
or minutes of the proceedings and without her or
her counsel’s participation. Respondent Judge Penalty in Lieu of Dismissal on Account of
Asdala’s actions as above discussed put into Supervening Resignation, Retirement, or
question the impartiality, independence, and other Modes of Separation of Service
integrity of the process by which the questioned
amended orders were reached. Her actions Nonetheless, it bears highlighting that Santizo
miserably fell short in the discharge of her duty tendered her resignation on March 28, 2019,
as an officer of the court and as a living effective April 1, 2019. While the records do not
embodiment of law and justice. (Edaño v Judge categorically confirm whether said resignation
Asdala, A.M. No. RTJ-06-1974. June 27, 2023.) was accepted or approved, further verification
with the OCA revealed that the same was
Penalties for less serious charges officially accepted in a letter dated September 26,
1. Suspension from office without salary and 2019, "without prejudice to the continuation of
other benefits for not less than one (1) nor more the proceedings of [her] pending administrative
than three (3) months; or cases docketed as OCA IPI No. 18-4860-P and
A.M. No. 18-09-85-MTC." In situations such as
2. A fine of more than P10,000.00 but not Santizo's where the respondent has already
exceeding P20,000.00. (Section 11B) separated from the service, Section 18 of the
Rules provides for the appropriate penalty in lieu
A.C. No. 08-2017 is explicit that the clerk of court of dismissal, to wit:
may approve applications for leave of absence of
lower court personnel only with prior written SECTION 18. Penalty in Lieu of Dismissal on
authorization from the presiding judge. It is Account of Supervening Resignation, Retirement,
undisputed that Judge Brasales did not authorize or other Modes of Separation of Service. — If the
Maxima to approve Rachel's leave applications. x respondent is found liable for an offense which
x x violation of Supreme Court rules, directives, merits the imposition of the penalty of dismissal
and circulars is a less serious charge x x x from service but the same can no longer be
(Brasales vs. Borja, A.M. No. P-21-024, June 16, imposed due to the respondent's supervening
2021) resignation, retirement, or other modes of
separation from service except for death, he or
Penalties for light charges she may be meted with the following penalties in
1. A fine of not less than P1,000.00 but not lieu of dismissal:
exceeding P10,000.00 and/or
(a) Forfeiture of all or part of the benefits as the
2. Censure;
Supreme Court may determine, and
3. Reprimand; disqualification from reinstatement or
4. Admonition with warning.(Section 11C,Ibid) appointment to any public office, including
government-owned or -controlled corporations.
On June 19, 2002, she arrived at 12:30 p.m. in Provided, however, that the forfeiture of benefits
the courtroom of Branch 256 for her hearing shall in no case include accrued leave credits;
scheduled at 1:00 p.m. and chanced upon the and/or
respondent judge talking and having lunch with
Atty. Felisberto L. Verano, Jr., counsel for her (b) Fine as stated in Section 17 (1) (c) of this
estranged husband, Arturo B. Pertierra. The Rule. (A.M. No. P-22-063 (formerly OCA IPI NO.
respondent judge was shocked to see her, and 18-4860-P). February 07, 2023)
despite not having finished his lunch, the
respondent judge stood up to head for his Modifying Circumstances
chambers. Atty. Verano, Jr., for his part, left the
courtroom with his face down. x x x the

83
In determining the appropriate penalty to be a. These shall include but should not be
imposed, the Court may, in its discretion, limited to:
appreciate the following mitigating and b. Certifications or testimonials of the
aggravating circumstances: officer(s) or chapter(s) of the Integrated
Bar of the Philippines, judges or judges
1. Mitigating circumstances: associations and prominent members of
a. First offense; the community with proven integrity and
b. Length of service of at least ten probity. A subsequent finding of guilt in
(10) years with no previous an administrative case for the same or
similar misconduct will give rise to a
disciplinary record where
strong presumption of non-reformation.
respondent was meted with an c. Sufficient time must have lapsed from
administrative penalty; the imposition of the penalty to ensure a
c. Exemplary performance; period of reformation.
d. Humanitarian considerations; d. The age of the person asking for
and clemency must show that he still has
e. Other analogous circumstances. productive years ahead of him that can
be put to good use by giving him a
chance to redeem himself.
2. Aggravating Circumstances: e. There must be a showing of promise
a. Finding of administrative (such as intellectual aptitude, learning or
previous liability where a penalty legal acumen or contribution to legal
is imposed, regardless of nature scholarship and the development of the
and/or gravity; legal system or administrative and other
relevant skills), as well as potential for
b. Length of service facilitated the
public service.
commission of the offense;
f. There must be other relevant factors and
c. Employment of fraudulent circumstances that may justify clemency.
means to conceal the offense; (Re: Letter of Judge Augustus C. Diaz,
and MTC-QC, Br. 37, Appealing for Judicial
d. Other analogous circumstances. Clemency, 560 Phil. 1, 5, 2007)
(Sec. 19)

c. Grounds for Judicial Clemency

Judicial clemency is an act of mercy removing any

disqualification from the erring judge. (Resolution
in OCA v. Caballero, A.M. No. P-05-2064, January
12, 2016.)

It can be granted only if there is a showing that

it is merited; thus, proof of reformation and a
showing of potential and promise are
indispensable. (Re: Letter of Judge Augustus C.
Diaz, MTC-QC, Br. 37, Appealing for Judicial
Clemency, 560 Phil. 1, 5, 2007)

Proof of remorse and reformation is one of

the requirements to grant judicial
clemency.

84
 PRACTICAL EXERCISES

A. PROMISSORY NOTES OR SIMPLE LOAN AGREEMENT

PROMISSORY NOTE

I, ________, of legal age, Filipino, married to ___________, and a resident of

________________, for valuable consideration received, promise to pay ___________________ the
amount of ______________________ (PHP______________.00), payable in ________ years or
________ months term with ________ monthly interest based on the principal amount or
_____________ (PHP_________.00) per month.

(Date and Place)

_____________________
Maker

Witnesses: _________________ and __________________

SUBSCRIBED AND SWORN to before me this _____________ in Davao City, Philippines, affiant
exhibiting to me his (indicate any valid government issued ID), as competent proof of his/her identity.

NOTARY PUBLIC
Commission Expires on ___
Roll No:____
IBP No: ______
PTR No: ______
MCLE Compliance No: ____

Doc. No.: _____;

Page No.:_____;
Book No.:_____;
Series of _____.

85
 B. DEMAND LETTER

Sample form: DEMAND LETTER

(Date)

(Addressee)
(Address)

DEMAND TO PAY

Dear, Mr./Ms. ___________

We write on behalf of our client, (Name of Client), the matter of your non-payment of your obligation.

Records disclose that you have an outstanding obligation with our client in the amount of PHP (amount
of obligation) inclusive of interest and surcharges. Despite repeated demands, you failed and
continuously failed to pay the aforesaid amount.

Accordingly, a demand is made upon you to settle the amount of PHP (amount of obligation) within
(period of time) from receipt of this letter. Otherwise, we will be constrained to file the necessary legal
action against you to protect the interest of our client.

We trust that you will give this matter your prompt and preferential attention to avoid the expense
and inconvenience of litigation.

Respectfully,

ATTY. (Name of Counsel)

Counsel for (Name of Client)

86
 C. SALE DOCUMENTS OF EITHER REAL OR PERSONAL PROPERTIES

DEED OF ABSOLUTE SALE

THIS DEED OF ABSOLUTE SALE IS MADE AND EXECUTED BY:

(State personal circumstances: Name, Age, Address, Citizenship), (SELLER).

And

(State personal circumstances: Name, Age, Address, Citizenship) (BUYER)

WHEREAS, SELLER is the absolute and registered owner in fee simple of a parcel of land with
TCT No. ______, registered under the name of (Name) , for the Registry of Deeds of (Place) ,
containing a total area of ( Description of the parcel of land) , more or less;

WHEREAS, SELLER offered to sell said lot and the BUYER is willing to buy and has accepted
the offer;

NOW therefore, for and in consideration of the foregoing premises, the parties hereby agree
and the stipulate the following:

1. In consideration of the payment by the BUYER of the amount of (Amount in PHP)

Philippine currency, receipt of which is hereby acknowledged by the SELLER, and SELLER hereby
SELLS, CEDES, TRANSFERS and CONVEYS by way of absolute sale the above-mentioned
improvement unto the BUYER, their heirs, assigns and successors-in-interest free from all liens and
encumbrances.

(State here the stipulation made by the parties)

(Date), (Place).

(Name of Seller) (Name of Seller’s Spouse)

Seller Marital Consent (if necessary)

(Name of Buyer)
Buyer

87
 WITNESSES:

(Name of Witness) (Name of Witness)

Witness Witness

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

CITY OF (Name of City / Municipality )S.S.

BEFORE ME, this _____ day of ___________ in the City of ________________, personally appeared:

Name Competent Evidence of Place and Date of Issue

Identity
_______________________ ________________________ _______________________
__ _ __
_______________________ ________________________ _______________________
__ _ __

Known to me to be the same persons who executed the foregoing instrument, and acknowledged that
the same are their free act and deed.

This instrument consisting of (Number of Pages), including the page on which

Acknowledgment Clause is written, pertains to a (Contract), and which instrument was signed by the
parties and their instrumental witnesses on each and every page hereof, and sealed with my notarial
seal.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the
(Date and Place).

NOTARY PUBLIC
Commission Expires on _______
Commission No.___: (Place) (Date)
Roll No. ____;
IBP No. ____;
PTR No. ____;
MCLE No.____.
(Office Address)
(Contact Details)
Doc. No.: _____;
Page No.:_____;
Book No.:_____;
Series of _____.

88
Sample Form: DEED OF SALE OF PERSONAL PROPERTY

DEED OF SALE OF PERSONAL PROPERTY

This Deed of Sale is entered between:

(State personal circumstances: Name, Age, Address, Citizenship) (VENDOR)

-and-

(State personal circumstances: Name, Age, Address, Citizenship) (VENDEE)

1. The VENDOR is the absolute owner of (State description of the personal property owned);
2. That for and in consideration of the sum of (Amount of consideration), receipt of which I hereby
acknowledge, I hereby SELL, TRANSFER and CONVEY to the VENDEE, his heirs, assigns and
transferees, the aforesaid described automobile vehicle, free from all liens and encumbrances;
3. That the VENDEE undertakes to pay all taxes, registration and transfer fees.
4. (State other stipulations)

(Date) and (Place).

(Name of Vendor) (Name of Vendee)
Vendor Vendee

WITNESSES:

Witness Witness

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

CITY OF (Name of City / Municipality )S.S.

BEFORE ME, this _____ day of ___________ in the City of ________________, personally appeared:

Name Competent Evidence of Place and Date of Issue

Identity
_______________________ ________________________ _______________________
__ _ __
_______________________ ________________________ _______________________
__ _ __

89
Known to me to be the same persons who executed the foregoing instrument, and acknowledged that
the same are their free act and deed.

This instrument consisting of (Number of Pages), including the page on which

Acknowledgment Clause is written, pertains to a (Contract), and which instrument was signed by the
parties and their instrumental witnesses on each and every page hereof, and sealed with my notarial
seal.

(Date and Place).

NOTARY PUBLIC
Commission Expires on _______
Commission No.___: (Place) (Date)
Roll No. ____;
IBP No. ____;
PTR No. ____;
MCLE No.____.
(Office Address)
(Contact Details)

Doc. No.: _____;

Page No.:_____;
Book No.:_____;
Series of _____.

90
 D. CONTRACT OF LEASE

Sample Form: CONTRACT OF LEASE

CONTRACT OF LEASE

THIS CONTRACT OF LEASE IS ENTERED INTO BETWEEN:

(State personal circumstances: Name, Age, Address, Citizenship) (LESSOR)

-and-

(State personal circumstances: Name, Age, Address, Citizenship) (LESSEE)

WHEREAS, the lessor is the owner of (describe the property sough to be leased)

WHEREAS, the lessee intends to lease the property subject to the following conditions:

1. TERM OF THE LEASE: (Indicate the term of the lease)

2. AMOUNT OF LEASE (Indicate the amount)
3. (Other stipulations)

(Date) and (Place)

Name of Lessor Name of Lessess

WITNESSES

Witness Witness

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

CITY OF (Name of City / Municipality )S.S.

BEFORE ME, this _____ day of ___________ in the City of ________________, personally appeared:

91
 Name Competent Evidence of Place and Date of Issue
Identity
_______________________ ________________________ _______________________
__ _ __
_______________________ ________________________ _______________________
__ _ __

Known to me to be the same persons who executed the foregoing instrument, and acknowledged that
the same are their free act and deed.

This instrument consisting of (Number of Pages), including the page on which

Acknowledgment Clause is written, pertains to a (Contract), and which instrument was signed by the
parties and their instrumental witnesses on each and every page hereof, and sealed with my notarial
seal.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the
(Date and Place).

NOTARY PUBLIC
Commission Expires on _______
Commission No.___: (Place) (Date)
Roll No. ____;
IBP No. ____;
PTR No. ____;
MCLE No.____.
(Office Address)
(Contact Details)

Doc. No.: _____;

Page No.:_____;
Book No.:_____;
Series of _____.

92
 E. SPECIAL POWER OF ATTORNEY TO SELL A REALTY OR APPEAR IN PRE-TRIAL

Sample Form: SPECIAL POWER OF ATTORNEY

SPECIAL POWER OF ATTORNEY

THIS SPECIAL POWER OF ATTORNEY IS ENTERED BETWEEN:

(Name of Principal), the Principal,

-and-

(Name of Agent), the Agent.

(State personal circumstances: Name, Age, Address, Citizenship ), do hereby appoint, (Name of
Attorney-in-fact and state personal circumstances) to be my true and lawful attorney-in-fact, to do
and perform the following acts:

1. (Enumerate the powers to be given to Attorney-in-fact)

HEREBY GIVING AND GRANTING unto my said attorney-in-fact full power and authority to do and
perform any and every act and thing whatsoever requisite, necessary to be done in and about the
premises as fully to all intents and purpose as I might or could lawfully do if personally present and
hereby ratifying and confirming all that my said attorney-in-fact shall lawfully do and cause to be done
under by virtue of these presents.

(Date and Place)

Name of Principal Name of Agent

WITNESSES

Witness Witness

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

CITY OF (Name of City / Municipality )S.S.

BEFORE ME, this _____ day of ___________ in the City of ________________, personally appeared:

93
 Name Competent Evidence of Place and Date of Issue
Identity
_______________________ ________________________ _______________________
__ _ __
_______________________ ________________________ _______________________
__ _ __

known to me to be the same persons who executed the foregoing instrument, and acknowledged that
the same are their free act and deed.

This instrument consisting of (Number of Pages), including the page on which

Acknowledgment Clause is written, pertains to a (Contract), and which instrument was signed by the
parties and their instrumental witnesses on each and every page hereof, and sealed with my notarial
seal.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the
(Date and Place).

NOTARY PUBLIC
Commission Expires on _______
Commission No.___: (Place) (Date)
Roll No. ____;
IBP No. ____;
PTR No. ____;
MCLE No.____.
(Office Address)
(Contact Details)

Doc. No.: _____;

Page No.:_____;
Book No.:_____;
Series of _____.

94
 F. VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

Sample Form: VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES )

CITY OF (Name of City / Municipality ) S.S

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, (State personal circumstances: Name, Age, Address, Citizenship of Plaintiff ), respectful

states that:

1. I am the (plaintiff/petitioner) in the above-entitled case and have caused the preparation of the
foregoing (complaint/pleading);

2. The allegations in the pleading are true and correct based on my personal knowledge, or based
on authentic documents;

3. The pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost of
litigation;

4. The factual allegations therein have evidentiary support or, if specifically so identified, will likewise
have evidentiary support after a reasonable opportunity for discovery;

5. I have not commenced any action or filed any claim involving the same issue in any court, tribunal,
or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending
therein;

6. If there is such other pending action or claim, I will furnish this Honorable Court with a complete
statement of the present status thereof; and

7. If I should thereafter learn that the same or similar action or claim has been filed or is pending, I
shall report that fact within five (5) calendar days therefrom to this Honorable Court wherein my
aforesaid (complaint/pleading) has been filed.

(Date and Place)

95
 (signed)
(Name of Affiant)
Affiant

SUBSCRIBED AND SWORN to before me this (Date) in (Place), with the affiant, (Name of Plaintiff),
presenting his (Type of Identification) with (I.D. Number) issued on (Date of Issuance at (Place /
Office where I.D. was issued) as proof of his identity.

NOTARY PUBLIC
Commission Expires on _______
Commission No.___: (Place) (Date)
Roll No. ____;
IBP No. ____;
PTR No. ____;
MCLE No.____.
(Office Address)
(Contact Details)

Doc. No.: _____;

Page No.:_____;
Book No.:_____;
Series of _____.

96
G. MOTION; Default

REPUBLIC OF THE PHILIPPINES

(Judicial Region)
REGIONAL TRIAL COURT
MANILA, BRANCH 9

MR. A,
Plaintiff, Civil Case No. ____
For: ___________
-versus-

MR. B,
Defendant.
x--------------------------------x

MOTION

Plaintiff, by counsel, states that:

1. Plaintiff on _____ filed this present case against defendant.

2. On (date) summons was properly served upon defendant.
3. Defendant has until(date) to file his/her responsive pleading.
4. Up to present, no responsive pleading was filed.
5. This motion was filed not to delay the proceedings but necessitated only by the foregoing
reason/s.
6. (Provision of law/ jurisprudence)

PRAYER / RELIEF

Plaintiff prays that:

1. Court takes note of this Motion.

2. Declare defendant in default.
3. Allow plaintiff to present his evidence ex parte on a date most convenient to the Court.

Other equitable reliefs are likewise prayed for.

(Date and Place)

97
 ABC LAW FIRM
12th floor, X Building
Tomas Morato Street, Quezon City
Tel No:
Email address:

By:

(signed)
Atty. W
Roll No.
IBP No.
PTR No.
MCLE Compliance No.

NOTICE OF HEARING

TO: HONORABLE CLERK OF COURT

Regional Trial Court Branch (Branch No.)

ATTY. (Name)
Counsel for Defendant
(Address)

GREETINGS:

Please be informed that the foregoing motion shall be submitted for the consideration of this
Court on (date) and (time).
.
(Signature)
(Name of Counsel for Plaintiff)

Copy furnished:

98
 H. QUIT CLAIMS IN LABOR CASES

Sample form: RELEASE, WAIVER AND QUITCLAIM

WAIVER, RELEASE AND QUITCLAIM

I_____________, of legal age, Filipino, and a resident of__________________, hereby declare that:

1. That (name of the company / person) have already settled its obligations and in this
regard, I have the intention to completely and absolutely waive all my right of action,
causes of action, claims and demands, of whatever nature, arising from, or in
connection with my obligations as a bus conductor in the said companies.
2. I further warrant that I will institute no further action against the said corporations
and its employees, officers and stockholders arising from, by reason of, or in
connection with, my previous employment..

(Date and Place)

(Name and Signature)

JURAT

99
 I. INFORMATION IN CRIMINAL CASES

CONSUMMATED CRIME

Article 6. Consummated, frustrated, and attempted felonies. - Consummated felonies

as well as those which are frustrated and attempted, are punishable.

A felony is consummated when all the elements necessary for its execution and
accomplishment are present.

Republic of the Philippines

(Judicial Region)
Regional Trial Court
Makati, Branch______

People of the Philippines,

Crim Case No:
Versus For: Murder

Mr. A,
Accused.
x--------------------------------------x

INFORMATION

The Undersigned Assistant City Prosecutor accuses ____________ of the crime of MURDER
defined and penalized under Article ____ of the Revised Penal Code, committed as follows:

That on or about the (approximate date), in the (Place where the crime was committed) and
within the jurisdiction of this Honorable Court, said accused while having a drinking spree with Mr. C,
did, then and there, with the use of the knife and with deliberate intent to take the life of MR. C.,
willfully, unlawfully and feloniously, suddenly attack the latter, first wounding him in the chest and
afterwards, when unable to defend himself, again in the stomach, both classified as mortal wounds,
thereby causing immediate death of Mr. C, to the damage and prejudice of his heirs.

Contrary to law.

(Date and Place)

100
 (signed)
Assistant City Prosecutor

Approved:

(signed)
City Prosecutor

CERTIFICATION

This is to certify that a Preliminary Investigation was conducted in this case in accordance
with law. That the undersigned has personally examined the complainant and his/her witnesses with
reasonable certainty of conviction of the accused when the case is tried in court based on the available
testimonial, real/object and documentary evidence on hand, the accused was informed of the
complaint and of the evidence submitted against him/her, the accused was given an opportunity to
submit controverting evidence and the filing of this Information is with the prior authority of the City
Prosecutor.

(signed)
Assistant City Prosecutor

JURAT

Witnesses:
1.
2.

Bail Recommended:

OR

CERTIFICATION
(for Inquest)

This is to certify that the accused has been arrested and charged in accordance with Sec. 5,
Rule 113 of the Revised Rules of Court and DOJ D.C. No. 15, Series of 2024; that Preliminary
Investigation was not conducted because the accused did not execute a waiver under Art. 15 of the
Revised Penal Code, as amended; that the undersigned has personally examined the complainant and
his/her/their witness/es; that there is a prima facie evidence with reasonable certainty of conviction
of the accused when the case is tried in court based on the available evidence and the presence of
testimonial, real/object and documentary evidence on hand; that the accused was/were informed of
the complaint and the evidence submitted against him/her/them; that the accused was/were given
the opportunity to submit countervailing evidence and; that the filing of this Information is with the
prior authority of the City Prosecutor.

101
 (signed)
Assistant City Prosecutor

JURAT

Witnesses:
1.
2.

Bail Recommended:

102
 J. FRUSTRATED CRIME

Article 6. Consummated, frustrated, and attempted felonies. - Consummated felonies

as well as those which are frustrated and attempted, are punishable.

A felony is frustrated when the offender performs all the acts of execution which
would produce the felony as a consequence but which, nevertheless, do not produce it by
reason of causes independent of the will of the perpetrator.

Republic of the Philippines

National Capital Judicial Region
Regional Trial Court
Makati, Branch______

People of the Philippines,

Crim Case No:
Versus For: Frustrated Murder

Mr. A and Mr. B,

Accused.
x--------------------------------------x

INFORMATION

The undersigned Assistant City Prosecutor, accuses Mr. A and Mr. B of the crime of Frustrated
Murder, defined and penalized under Article ____, of the Revised Penal Code, as amended, committed
as follows:

That on or about (approximate date of the commission of the crime) at (Place where the crime was
committed) and within the jurisdiction of this Honorable Court, the above-named accused, armed with
a knife, conspiring, confederating and helping one another, with intent to kill and with evident
premeditation did then and there, willfully, unlawfully and feloniously attack, assault and stab Mr. ZZZ,
inflicting upon the latter a stab wound on his right chest that the accused having thus performed all
the acts of execution which would have produced the crime of Murder as a consequence but which
nevertheless did not produce the felony by reason of causes independent of the will of the accused
and that is due to timely and adequate medical assistance, which prevented his death, to his damage
and prejudice.

Contrary to Law.

Makati City, (Date)

(signed)
Assistant City Prosecutor

103
Approved:
City Prosecutor

CERTIFICATION

This is to certify that a Preliminary Investigation was conducted in this case in accordance
with law. That the undersigned has personally examined the complainant and his/her witnesses with
reasonable certainty of conviction of the accused when the case is tried in court based on the available
testimonial, real/object and documentary evidence on hand, the accused was informed of the
complaint and of the evidence submitted against him/her, the accused was given an opportunity to
submit controverting evidence and the filing of this Information is with the prior authority of the City
Prosecutor.

(signed)
Assistant City Prosecutor

JURAT

Witnesses:
1.
2.

Bail Recommended:

CERTIFICATION
(for Inquest)

This is to certify that the accused has been arrested and charged in accordance with Sec. 5,
Rule 113 of the Revised Rules of Court and DOJ D.C. No. 15, Series of 2024; that Preliminary
Investigation was not conducted because the accused did not execute a waiver under Art. 15 of the
Revised Penal Code, as amended; that the undersigned has personally examined the complainant and
his/her/their witness/es; that there is a prima facie evidence with reasonable certainty of conviction
of the accused when the case is tried in court based on the available evidence and the presence of
testimonial, real/object and documentary evidence on hand; that the accused was/were informed of
the complaint and the evidence submitted against him/her/them; that the accused was/were given
the opportunity to submit countervailing evidence and; that the filing of this Information is with the
prior authority of the City Prosecutor.

(signed)
Assistant City Prosecutor

JURAT

Witnesses:
1.
2.

Bail Recommended:

104
 ATTEMPTED CRIMES

Article 6. Consummated, frustrated, and attempted felonies. - Consummated felonies as

well as those which are frustrated and attempted, are punishable.

There is an attempt when the offender commences the commission of a felony directly or
over acts, and does not perform all the acts of execution which should produce the felony
by reason of some cause or accident other than this own spontaneous desistance.

Republic of the Philippines

National Capital Judicial Region
Metropolitan Trial Court
Mandaluyong, Branch______

People of the Philippines,

Crim Case No:
Versus For: Attempted Homicide

Mr. A,
Accused.
x--------------------------------------x

INFORMATION

The Undersigned Assistant City Prosecutor accuses Mr. A of the crime of Attempted Homicide,
committed as follows:

That on or about (approximate date of the commission of the offense) in (place of the
commission of the crime) and within the jurisdiction of this Honorable Court, the above-named
accused, armed with a gun (Revolver, Caliber .22, Paltik) and with intent to kill one Mr. B, did then
and there willfully, unlawfully and feloniously commenced the commission of homicide directly by
overt acts, by shooting with the said gun the said Mr. B but said accused did not accomplish his
purpose, that is, to kill the said Mr. B, not because of his spontaneous desistance, but the shot missed
him and instead hit the ground.

Contrary to law.

(Date and Place)

(signed)
Assistant City Prosecutor

Approved:
(signed)
City Prosecutor

105
 CERTIFICATION

This is to certify that a Preliminary Investigation was conducted in this case in accordance with
law. That the undersigned has personally examined the complainant and his/her witnesses with
reasonable certainty of conviction of the accused when the case is tried in court based on the available
testimonial, real/object and documentary evidence on hand, the accused was informed of the
complaint and of the evidence submitted against him/her, the accused was given an opportunity to
submit controverting evidence and the filing of this Information is with the prior authority of the City
Prosecutor.

(signed)
Assistant City Prosecutor

JURAT

Witnesses:
1.
2.

Bail Recommended:

CERTIFICATION
(for Inquest)

This is to certify that the accused has been arrested and charged in accordance with Sec. 5,
Rule 113 of the Revised Rules of Court and DOJ D.C. No. 15, Series of 2024; that Preliminary
Investigation was not conducted because the accused did not execute a waiver under Art. 15 of the
Revised Penal Code, as amended; that the undersigned has personally examined the complainant and
his/her/their witness/es; that there is a prima facie evidence with reasonable certainty of conviction
of the accused when the case is tried in court based on the available evidence and the presence of
testimonial, real/object and documentary evidence on hand; that the accused was/were informed of
the complaint and the evidence submitted against him/her/them; that the accused was/were given
the opportunity to submit countervailing evidence and; that the filing of this Information is with the
prior authority of the City Prosecutor.

(signed)
Assistant City Prosecutor

JURAT

Witnesses:
1.
2.

Bail Recommended:

106