Beruflich Dokumente
Kultur Dokumente
AND
JUDICIAL ETHICS
2014 GOLDEN NOTES
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
MANILA
Academics Committee
Team Bar-Ops
Faculty of Civil Law
University of Santo Tomas
Espaa, Manila 1008
TEL. NO.:
(02) 731-4027
(02) 4061611 loc. 8578
Academics Committee
Faculty of Civil Law
University of Santo Tomas
Espaa, Manila 1008
All Rights Reserved by the Academics Committee of the Faculty of Civil Law of the
Pontifical and Royal University of Santo Tomas, the Catholic University of the
Philippines.
2014 Edition
No portion of this material may be copied or reproduced in books, pamphlets, outlines
or notes, whether printed, mimeographed, typewritten, copied in different electronic
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A copy of this material without the corresponding code either proceeds from an illegal
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No. __________
Printed in the Philippines, June 2014.
PRESIDENT
VICE PRESIDENT INTERNAL
TREASURER
AUDITOR
CHIEF-OF-STAFF
TEAM: BAR-OPS
VANESSA ANNE VIRAY
ERIKA PINEDA
JOHN LESTER TAN
HAZEL NAVAREZ
HANNAH QUIAMBAO
JULIA THERESE MAGARRO
RAFAEL LORENZ SANTOS
DEXTER SUYAT
AL MAYO PAGLINAWAN
ALBERTO VERNON VELASCO
KEVIN TIMOTHY PILE
JEAN PEROLA
PATRICIA LACUESTA
REINALD VILLARAZA
VANESSA ANNE VIRAY
CHAIRPERSON
HEAD, DOCUMENTATIONS & BAR REQUIREMENTS
ASST. HEAD, DOCUMENTATIONS & BAR REQUIREMENTS
CHAIRPERSON
ACADEMICS COMMITTEE
MARY GRACE L. JAVIER
JAMES BRYAN V. ESTELEYDES
MA. AURE SALVE M. CARILLO
EXECUTIVE COMMITTEE
SECRETARY GENERAL
KAREN T. ELNAS
RAFAEL LORENZ SANTOS
VICTOR LORENZO L. VILLANUEVA
COVERAGE
I.
LEGAL ETHICS
A. Practice of Law (Rule 138)...............................................................................................................
1. Concept....................................................................................................................................
a) Privilege.....................................................................................................................
b) Profession, not Business............................................................................................
2. Qualifications............................................................................................................................
3. Appearance of Non-Lawyers....................................................................................................
a) Law Student Practice (Rule 138-A).............................................................................
b) Non-Lawyers in Court................................................................................................
c) Non-Lawyers in Administrative Tribunals..................................................................
4. Sanctions from practice or appearance without authority......................................................
a) Lawyers without authority.........................................................................................
b) Persons not lawyers...................................................................................................
5. Public Officials and the practice of law .................................................................................
a) Prohibition or disqualification of former government attorneys...............................
b) Public officials who cannot practice law/ restrictions................................................
6. Lawyers authorized to represent the Government..................................................................
7. Lawyer's Oath............................................................................................................................
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DISCLAIMER
THE RISK OF USE, MISUSE OR
NON-USE OF THIS BAR REVIEW
MATERIAL SHALL BE BORNE BY
THE USER/ NON-USER.
PRACTICE OF LAW
that his professional services are available to the
public for compensation, as a source of livelihood or
in consideration of his said services.
LEGAL ETHICS
Legal Ethics
2.
Primary
a. Bar
i. Code of Professional Responsibility
ii. Constitution
iii. Rules of Court
b. Bench
i. New Code of Judicial Conduct for the
Philippine Judiciary
ii. Rules of Court
c. Other personnel Code of Conduct for Court
Personnel
Secondary
a. Decisions/Resolutions of the Supreme Court
b. Supreme Court Circulars
c. Order/Resolution of other courts
d. IBP Issuances
e. Treatises and Publications
PRACTICE OF LAW
Concept
Legal Ethics
Persons excluded in the term Practicing Lawyer
4. Counsel de oficio
Definitions
A bar association who appears in court as amicus curiae
or a friend of the court. It acts merely as a consultant to
guide the court in a doubtful question or issue pending
before it.
1. Bar v. Bench
BAR
Refers to the whole
body of attorneys and
counselors. Collectively,
the members of the
legal profession.
BENCH
Refers to the whole
body of judges and
justices.
8. Trial lawyer
One who personally handles cases in court,
administrative agencies or boards and engages in actual
trial work, either for the prosecution or for the defense
of cases of clients.
2. Attorney-at-law v. Attorney-in-fact
ATTORNEY-AT-LAW
Class of persons who are
licensed officers of the
court empowered to
appear, prosecute and
defend, and upon whom
peculiar duties,
responsibilities and
liabilities are developed
by law as consequence.
ATTORNEY-IN-FACT
Simply an agent whose
authority is strictly
limited by the
instrument appointing
him. His authority is
provided in a special
power of attorney or
general power of
attorney or letter of
attorney. He is not
necessarily a lawyer.
LEAD COUNSEL
A lead counsel
is a lawyer on
either side of a
litigated action
who is charged
with the
principal
management
and direction of
a partys case,
as distinguished
from his juniors
or
subordinates.
ATTORNEY AD HOC
An attorney ad hoc is a
person appointed by the
court to defend an
absentee defendant in
the suit in which the
appointment was made.
IN HOUSE /
HOUSE
COUNSEL
He is one who
acts as attorney
for a business
though carried
as an employee
of that business
and not as an
independent
lawyer.
OF COUNSEL
He is an
experienced
lawyer, usually
a retired
member of the
judiciary,
employed by
law firms as
consultants.
PRACTICE OF LAW
10. Public prosecutor v. Private prosecutor
PUBLIC PROSECUTOR
He is a quasi-judicial
officer who represents
the state in criminal
proceedings.
A legal profession is not a business. It is not a moneymaking trade just like a businessman employing strategy
for the purpose of monetary gain. It is a sacred
profession imbued with public interest whose primary
objective is public service, as it is an essential part in the
administration of justice and a profession in pursuit of
which pecuniary reward is considered merely incidental.
PRIVATE PROSECUTOR
A private prosecutor is a
lawyer engaged by a
litigant to intervene in
the prosecution of a
criminal action when the
offended
party
is
entitled to indemnity
and has not waived
expressly, reserved or
instituted the civil action
for damages. He is under
the direction and control
of the public prosecutor
(Sec. 5 Rule 110 RRC as
amended, May 1, 2002).
QUALIFICATIONS
Who may practice law
Any person heretofore duly admitted as a member of
the bar, or hereafter admitted as such in accordance
with the provisions of the rule, and who is in good and
regular standing, is entitled to practice law (RRC, Rule
138, Sec. 1).
Q: A criminal case was filed against Atty. Javellana,
which resulted to his arrest and temporary detention
at the house of the clerk of court where his case was
pending. Despite his detention, Atty. Javellana
continues with his normal activities including his
practice of law, in appearing as counsel for certain
cases. Can Atty. Javellana still engage in the practice of
law despite his arrest and detention?
12. Pro Se
A party to a lawsuit who represents himself, is appearing
in the case "pro se."
PRIVILEGE
Nature of the practice of law
The practice of law is not a natural, property or
constitutional right but a mere privilege. It is not a right
granted to anyone who demands it but a privilege to be
extended or withheld in the exercise of sound judicial
discretion. It is a privilege accorded only to those who
measure up to certain rigid standards of mental and
moral fitness.
XPNs:
1. Written permission which must be approved by the
Legal Ethics
Supreme Court; and
2. Approved leave of absence with justifiable reasons
PRACTICE OF LAW
Disqualification of Bar Examinee Haron S. Meling, B.M.
No. 1154, June 8, 2004).
Legal Ethics
The requirement of good moral character has four
general purposes, namely:
1.
2.
3.
4.
XPNs:
1. Law student practice
2. Non-lawyers in court can appear for a party in MTC
NOTE: Section 34, Rule 138 of the Revised Rules of Court
expressly allows pro se practice or the right of a nonmember of the bar to engage in limited practice of law
(Antiquiera, 1992).
The trial court must have been misled by the fact that
Cruz is a law student and must, therefore, be subject to
the conditions of the Law Student Practice Rule. It erred
in applying Rule 138-A, when the basis of Cruz's claim is
Section 34 of Rule 138. The former rule provides for
conditions when a law student may appear in courts,
while the latter rule allows the appearance of a nonlawyer as a party representing himself (Cruz v. Mijares,
et al., G.R. No. 154464, Sept. 11, 2008).
NON-LAWYERS IN COURT
Non-lawyers in court
2.
PRACTICE OF LAW
bound by the same rules in conducting the trial case. He
cannot after judgment, claim that he was not properly
represented.
3.
2.
4.
3.
Legal Ethics
to pay amounts to an offer to compromise and requires
a special power of attorney or the express consent of
Kanlaon. The authority to compromise cannot be lightly
presumed and should be duly established by evidence
(Kanlaon Construction v. NLRC, G.R. No. 126625, Sept. 18,
1997).
2.
4.
5.
PRACTICE OF LAW
protect or vindicate the dignity and power, either by fine
payable to the government or by imprisonment, or both,
it is deemed a judgment in criminal case.
1.
2.
Kinds of contempt
1.
2.
3.
4.
Legal Ethics
Q: Balajadia filed a criminal case against petitioners. In
paragraph 5 of the complaint-affidavit, Balajadia
appeared to have asserted that he is a "practicing
lawyer. However, certifications issued by the Office of
the Bar Confidant and the Integrated Bar of the
Philippines showed that he has never been admitted to
the Philippine Bar. Hence, petitioners filed a case
against him claiming that he is liable for indirect
contempt for misrepresenting himself as a lawyer.
Balajadia, on his defense, claimed that the allegation
that he is a practicing lawyer was an honest mistake.
He stated that the secretary of Atty. Aquino prepared
the subject complaint-affidavit copying in verbatim
paragraph 5 of Atty. Aquinos complaint-affidavit.
Hence, it was inadvertently alleged that respondent is
a practicing lawyer in Baguio City which statement
referred to the person of Atty. Aquino and his law
office address. Is Balajadia liable for indirect contempt?
PROHIBITION OR DISQUALIFICATION OF
FORMER GOVERNMENT ATTORNEYS
Prohibition or disqualification of former government
attorneys
A lawyer shall not, after leaving government service,
accept engagement or employment in connection with
any matter in which he had intervened while in said
service (CPR, Rule 6. 03, Canon 6).
The evil sought to be avoided by this provision is the
possibility of a lawyer who just retired, resigned or
separated from the government of using his influence
for his own private benefit (Antiquiera, 1992).
Theories relating to the disqualification of former
government lawyers in representing a client on a
matter in which they intervened when they were in
office
1.
2.
2.
3.
4.
4.
5.
6.
10
PRACTICE OF LAW
7.
8.
4.
11
Legal Ethics
interdiction is made on punong barangay and the members of
the Sangguniang Barangay. Expressio unius est exclusio
alterius. Since they are excluded from any prohibition, the
presumption is that they are allowed to practice their
profession. However, he should procure prior permission or
authorization from the head of his Department, as required by
the Civil Service Regulations (Catu v. Rellosa, A.C. No. 5738, Feb.
19, 2008).
NOTE: In criminal cases, Sol Gen steps in only when the case
has already reached the Court of Appeals. While it is with the
lower courts, it is the public prosecutor which represents the
government.
LAWYERS OATH
I, (name) , of (place of birth) do solemnly swear that
I will maintain allegiance to the Republic of the
UNIVERSITY OF SANTO TOMAS
2014 GOLDEN NOTES
12
2.
3.
4.
7.
8.
9.
5.
6.
7.
1.
13
CHAPTER 1
LAWYER AND SOCIETY
Canons 1-6
Uphold the Constitution and obey the laws of the
land and legal processes
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
Legal Ethics
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
CHAPTER 2
THE LAWYER AND THE LEGAL PROFESSION
Canons 7-9
At all times uphold integrity and dignity of the
profession and support the activities of the IBP
Conduct himself with courtesy, fairness and
candor toward his colleagues and avoid harassing
tactics against opposing counsel
Not to directly or indirectly assist in the
unauthorized practice of law
CHAPTER 3
THE LAWYER AND THE COURTS
Canons 10-13
Owes candor, fairness and good faith to the court
Observe and maintain the respect due to the
courts and judicial officers and insist in similar
conduct
Duty to assist in the speedy and efficient
administration of justice
Rely upon the merits of his cause, refrain from any
impropriety which tends to influence courts, or
give the appearance of influencing the courts
CHAPTER 4
THE LAWYER AND THE CLIENT
Canons 14-22
Not to refuse his services to the needy
Observe candor, fairness and loyalty in all his
dealings and transactions with clients
Hold in trust all the moneys and property of his
client that may come to his possession
Owes fidelity to clients cause and be mindful of
the trust and confidence reposed in him
Serve client with competence and diligence
Represent client with zeal and within the bounds
of law
Charge only fair and reasonable fees
Preserve the confidence and secrets of client even
after the attorney-client relation is terminated
Withdraw services only for good cause and upon
notice
14
Deceitful conduct
Unlawful conduct
3.
Immoral conduct
2.
3.
4.
5.
15
Legal Ethics
6.
7.
8.
9.
10.
11.
12.
13.
16
MORALITY
Morality as understood
in law is a human
standard based on
natural moral law
which is embodied in
mans conscience and
which guides him to do
good and avoid evil.
IMMORAL CONDUCT
Immoral conduct has been
defined as that conduct
which is willful, flagrant, or
shameless and which
shows a moral indifference
to the opinion of the good
and respectable members
of the community (Arciga
v. Maniwang, A.M. No.
1608, Aug. 14, 1981).
Moral turpitude
Moral turpitude imports an act of baseness, vileness
or depravity in the duties which one person owes to
another or to society in general which is contrary to
the usual accepted and customary rule of right and
duty which a person should follow. The question as to
whether an offense involves moral turpitude is for the
17
Legal Ethics
Supreme Court to decide.
Crime of maintenance
A lawyer owes to society and to the court the duty not
to stir up litigation.
Barratry v. Ambulance chasing (1993 Bar Question)
BARRATRY
An offense of frequently
exciting and stirring up
quarrels and suits, either
at law or otherwise;
lawyers act of fomenting
suits among individuals
and offering his legal
services to one of them.
Barratry is not a crime
under the Philippine laws.
However, it is proscribed
by the rules of legal
ethics.
AMBULANCE CHASING
An act of chasing victims
of accidents for the
purpose of talking to the
said victims (or relatives)
and offering his legal
services for the filing of a
case against the person(s)
who
caused
the
accident(s).
It
has
spawned a number of
recognized evils such as
(FSMD):
1.
2.
3.
4.
18
Fomenting of
litigation with
resulting burdens on
the courts and the
public;
Subordination of
perjury;
Mulcting of innocent
persons by
judgments, upon
manufactured
causes of action; and
Defrauding of
injured persons
having proper causes
of action but
ignorant of legal
rights and court
procedures by
means of contracts
which retain
exorbitant
percentages of
recovery and illegal
charges for court
costs and expenses
and by settlement
made for quick
returns of fees and
against just rights of
the injured persons
(Hightower v. Detroit
Edison Co. 247 NW
97, 1993).
Canon 2
A lawyer shall make his legal services available
in an efficient and convenient manner
compatible with the independence, integrity
and effective-ness of the profession.
19
Legal Ethics
discrimination.
Defenseless
Oppressed
2.
3.
3.
4.
5.
4.
Services available
Public Attorney's Office (PAO), Department of Justice
(DOJ) and other legal aid clinics accredited by the
Supreme Court shall refer pauper litigants to identified
UNIVERSITY OF SANTO TOMAS
2014 GOLDEN NOTES
20
Advertisements
GR: No advertisement by lawyers is allowed. The most
worthy and effective advertisement possible is the
establishment of a well-merited reputation for
professional capacity and fidelity to trust.
XPNs: (LEPO-LABAN-PD)
1. Reputable Law lists, in a manner consistent with
the standards of conduct imposed by the canons,
of brief biographical and informative data, are
allowed.
2. Advertisements or simple announcement of the
Existence of a lawyer or his law firm posted
anywhere it is proper such as his place of business
or residence except courtrooms and government
buildings.
3. Ordinary simple Professional Card. It may contain
only a statement of his name, the name of the law
firm which he is connected with, address,
telephone number and the special branch of law
practiced.
4. A simple announcement of the Opening of a law
firm or of changes in the partnership, associates,
firm name or office address, being for the
convenience of the profession, is not
objectionable.
5. Advertisements or announcement in any Legal
publication, including books, journals, and legal
magazines and in telephone directories (Ulep v.
Legal Clinic, Inc., B.M. No. 553, June 17, 1993).
6. Writing legal Articles
7. Engaging in Business and other occupations
except when such could be deemed improper, be
seen as indirect solicitation or would be the
equivalent of a law practice.
8. Activity of an association for the purpose of legal
representation.
9. Notice to other local lawyers and publishing in a
legal journal of ones availability to act as an
associate for them
10. Seeking a Public office, which can only be held by
a lawyer or, in a dignified manner, a position as a
full time corporate counsel
11. Listing in a phone Directory, but not under a
designation of a special branch of law (Atty. Khan
Jr. v. Atty. Simbillo, A.C. No. 5299, Aug.19, 2003).
1.
2.
3.
4.
5.
21
Legal Ethics
Examples of indirect solicitation
1.
2.
Canon 3
A lawyer in making known his legal services shall
use only true, honest, fair, dignified and objective
information or statement of facts
22
3.
4.
Misstatements of fact
Suggestions that the ingenuity or prior record of a
lawyer rather than the justice of the claim are the
principal factors likely to determine the result
Inclusion of information irrelevant on selecting a
lawyer
Representations concerning the quality of service,
which cannot be measured or verified (CPR
Annotated, PhilJA).
23
Legal Ethics
connected with the said law firm. The
inclusion/retention of his name in the professional
card constitutes an act of solicitation which violates
Section 7 sub-par. (b) (2) of R.A. 6713, otherwise
known as "Code of Conduct and Ethical Standards for
the Public Officials and Employees" which declares it
unlawful for a public official or employee to, among
others: (2) Engage in the private practice of their
profession unless authorized by the Constitution or
law, provided that such practice will not conflict or
tend to conflict with official functions (Samonte v.
Gatdula, A.M. No. 99-1292, Feb. 26, 1999).
Canon 5
A lawyer shall keep abreast of legal
developments, participate in continuing legal
education programs, support efforts to achieve
high standards in law schools as well as in the
practical training of law students and assist in
disseminating information regarding the law and
jurisprudence.
24
3.
Canon 6
These canons shall apply to lawyers in
government service in the discharge of their
official tasks
Lawyers in the employ of the government should be
more sensitive in the performance of their
professional obligations as their conduct is subject to
constant scrutiny of the public.
25
Legal Ethics
Rule 6.03, Canon 6
A lawyer shall not, after leaving government service,
accept engagement or employment in connection
with any matter in which he had intervened while in
said service (1992, 1993, 2001 Bar Questions)
Adverse-interest
conflict
ADVERSE-INTEREST
CONFLICTS
Adverse-interest
conflicts exist where
the matter in which the
former government
lawyer represents a
client in private practice
is substantially related
to the matter that the
lawyer dealt with while
employed by the
government and the
interests of the
government and the
interests of the current
and former are adverse.
v.
Congruent-interest
CONGRUENT-INTEREST
REPRESENTATION
CONFLICTS
In congruent-interest
representation conflict, the
disqualification does not
really involve a conflict at
all, because it prohibits the
lawyer from representing a
private practice client even
if the interests of the
former government client
and the new client are
entirely parallel.
conflict
26
Principle of rotation
Kinds of rotation
1.
2.
27
Legal Ethics
only one chapter remains in the cycle, still, as previously
noted by the Court the rotation rule should be applied in
harmony with, and not in derogation of, the sovereign will of
the electorate as expressed through the ballot. (In The
Matter of the Brewing Controversies in the Elections of the
Integrated Bar of the Philippines, A.M. No. 09-5-2-SC,
December 04, 2012).
3.
Board meetings
4.
IBP officers
1.
2.
3.
28
3.
4.
5.
29
Legal Ethics
NOTE: RA 7432 providing 20% discount to Senior Citizens DO
NOT apply to IBP Dues.
Membership dues
Every member of the Integrated Bar shall pay such
annual dues as the Board of Governors shall determine
with the approval of the Supreme Court. A fixed sum
equivalent to ten percent (10%) of the collections from
each Chapter shall be set aside as a Welfare Fund for
disabled members of the Chapter and the compulsory
heirs of deceased members thereof (RRC, Sec. 9, Rule
139-A).
NOTE: Membership dues are not prohibited by the
Constitution. The fee is imposed as a regulatory measure,
designed to raise funds for carrying out the purposes and
objectives of the integration (In the Matter of IBP
Membership dues delinquency of Atty. Marcial Edillon, A.M.
No. 1928, Aug. 3, 1978).
2.
30
2.
3.
31
Legal Ethics
A: Atty. Kuripot is not correct. Section 7.03 of the Code
of Professional Responsibility provides that a lawyer
shall not engage in conduct that adversely affects his
fitness to practice law, nor shall he, whether in public
or private life, behave in a scandalous manner to the
discredit of the legal profession.
5.
6.
Q: Explain whether Atty. Kuripot should be held
administratively liable for his refusal to settle his
credit card bill. (2005 Bar Question)
2.
3.
4.
32
2.
NO ASSISTANCE IN UNAUTHORIZED
PRACTICE OF LAW
Canon 9
A lawyer shall not, directly or indirectly, assist in
the unauthorized practice of law.
The rationale of this canon is to protect the public, the
court, the client and the bar from the incompetence or
33
Legal Ethics
dishonesty of those unlicensed to practice law and not
subject to the disciplinary control of the court.
2.
3.
34
2.
A: No, I will not agree. Rule 9.02 of the Code of
Professional Responsibility provides that a lawyer
shall not divide or stipulate to divide a fee for legal
service with persons not licensed to practice law. The
secretary is not licensed to practice law and is not
entitled to a share of the fees for notarizing affidavits,
which is a legal service.
3.
4.
Canon 10
A lawyer owes candor, fairness and good faith to
the court
35
Legal Ethics
filed a case against Atty. Doronilla charging him of
unethical conduct for having uttered falsehood in
court. Is Atty. Doronilla guilty as charged?
Examples of falsehood
1.
2.
3.
4.
5.
6.
7.
8.
36
37
Legal Ethics
integrity, and authority of the members of the Court,
Atty. Paguia has only succeeded in seeking to impede,
obstruct and pervert the dispensation of justice
(Estrada v. Sandiganbayan, G.R. Nos. 159486-88, Nov.
25, 2003).
Misrepresentation in the Supreme Court, A.M. No. 1010-4-SC, Oct. 19, 2010).
Q: The Court En Banc issued a Resolution directing
respondent Atty. De Vera to explain why he should
not be cited for indirect contempt of court for
uttering some allegedly contemptuous statements in
relation to the case involving the constitutionality of
the Plunder Law which was then pending. Atty. De
Vera admitted the report in the November 6, 2002
issue of the Philippine Daily Inquirer that he
suggested that the Court must take steps to dispel
once and for all these ugly rumors and reports that
the Court would vote in favor of or against the
validity of the Plunder Law to protect the credibility
of the Court. Is the statement of Atty. De Vera
disrespectful to the courts?
38
39
Legal Ethics
statements that impaired public confidence in the
integrity of the Judiciary. The making of contemptuous
statements directed against the court is not an
exercise of free speech; rather, it is an abuse of such
right.
40
WHERE TO FILE
It shall be filed with the
Office of the Court
Administrator of the
Supreme Court.
If criminal and not
It shall be filed with the
purely administrative
Office of the
Ombudsman, also with
the OCP.
If it involves a Justice of It must be coursed
the Supreme Court
through the House of
based on impeachable
Representative and the
offenses
Senate in accordance
with the rules on
impeachment.
Source: (CPR Annotated, PhilJA)
A: Yes. The record clearly shows that Atty. Villar Jr. has
been languid in the performance of his duties as
counsel for the complainant. He was given by the Trial
Court several extensions of time. Therefore, Atty. Villar
Jr. had three (3) months and nine (9) days within which
to file the formal offer of exhibits. Atty. Villar Jr. did not
bother to give an explanation even in mitigation or
extenuation of his inaction.
Evidently, Atty. Villar Jr. has fallen short of the
competence and diligence required of every member
of the Bar. It is indeed dismaying to note Atty. Villar
Jr.s patent violation of his duty as a lawyer. He
committed a serious transgression when he failed to
exert his utmost learning and ability and to give entire
devotion to his client's cause. His client had relied on
him to file the formal offer of exhibits among other
things. But he failed him. Resulting as it did in the
dismissal of the case, his failure constitutes
inexcusable default (Jardin v. Atty. Villar, Jr., A.C. No.
5474, Aug. 28, 2003).
41
Legal Ethics
law should advise them that a case such as this should
not be permitted to be filed to merely clutter the
already congested judicial dockets. They do not
advance the cause of law or their clients by
commencing litigations that for sheer lack of merit do
not deserve the attention of the courts (Eternal
Gardens Memorial Park Corporation v. CA, G.R. No.
123698, Aug. 5, 1998).
1.
2.
3.
4.
42
2.
3.
The
writs
of amparo
and habeas
data are
extraordinary remedies which cannot be used as tools
to stall the execution of a final and executory decision
in a property dispute (Castillo v. Cruz, G.R. No. 182165,
November 25, 2009).
43
Legal Ethics
Rule 12.08, Canon 12
A lawyer shall avoid testifying in behalf of his
client, except:
a. On formal matters, such as the mailing,
authentication or custody of an instrument, and
the like; or
b. On substantial matters, in cases where his
testimony is essential to the ends of justice, in
which event he must, during his testimony,
entrust the trial of the case to another counsel.
Criminal liability
misrepresentation
of
witness
who
commits
1.
2.
3.
4.
5.
Canon 13
A lawyer shall rely upon the merits of his cause
and refrain from any impropriety which tends to
influence, or gives the appearance of influencing
the court
It is unethical for a lawyer to give an appearance as if
he is capable of influencing judges and court personnel.
44
Prejudicial Publicity
There must be an allegation and proof that the judges
have been unduly influenced, not simply that they
might be, by barrage of publicity (CPR Annotated,
PhilJA).
45
Legal Ethics
official because his decision becomes public property
and is thrown open to public consumption. The lawyer
enjoys a wide latitude in commenting or criticizing the
judges decision, provided that such comment or
criticism shall be bona fide and not spill over the
bounds of decency and propriety.
3.
1.
2.
46
3.
Canon 14
A lawyer shall not refuse his services to the
needy
The poor and indigent should not be further
disadvantaged by lack of access to the Philippine legal
system.
Lawyers right to decline employment (1990, 1993,
2000, 2002, 2006 Bar Questions)
GR: A lawyer is not obliged to act as legal counsel for
any person who may wish to become his client. He has
the right to decline employment.
XPNs:
1. A lawyer shall not refuse his services to the needy
(Canon 14).
2. He shall not decline to represent a person solely
on account of the latters race, sex, creed or status
in life or because of his own opinion regarding the
guilt of said person (Rule 14.01);
3. He shall not decline, except for serious and
efficient cause like
a. If he is not in a position to carryout effectively
or competently; and
b. If he labors under a conflict of interest
between him and the prospective clien. (Rule
14.03).
47
Legal Ethics
forestall an injustice (Public Service. Sec. 1 Art. 1 IBP
Guidelines on Legal Aid).
2.
3.
4.
Counsel de oficio
1.
2.
48
1.
2.
3.
Gravity of offense
Difficulty of questions that may arise; and
Experience and ability of appointee
1.
2.
3.
4.
5.
6.
7.
49
Legal Ethics
a plea, notwithstanding the conformity of the
defendants, was due to its principal effect of
delaying the case." Is the denial of Judge Climaco
correct?
50
PRIVILEGED COMMUNICATIONS
Privileged communication
A privileged communication is one that refers to
information transmitted by voluntary act of disclosure
between attorney and client in confidence and by
means of which, in so far as the client is aware,
discloses the information to no third person other than
one reasonably necessary for the transmission of the
information or the accomplishment of the purpose for
which it was given.
Canon 15
A lawyer shall observe candor, fairness and loyalty
in all his dealings and transactions with his clients
CONFIDENTIALITY RULE
2.
Confidentiality
It means the relation between lawyer and client or
guardian and ward, or between spouses, with regard
to the trust that is placed in the one by the other
(Blacks Law Dictionary 7th Edition 1990, 2004).
3.
51
Legal Ethics
Client identity
1.
2.
3.
5.
6.
Lawyer;
Client; and
Third persons who by reason of their work have
acquired information about the case being
handled such as:
a. Attorneys secretary, stenographer and
clerk;
b. Interpreter,
messengers
and
agents
transmitting communication; and
c. An accountant, scientist, physician, engineer
who has been hired for effective consultation.
(RRC, Sec. 24(b), Rule 130)
52
2.
1.
2.
3.
2.
C v. D; E v. D
C is the present client and D is not a present
client in the same case but is a present client
in another case.
3.
F v. G; H v. G
F is the present client and G was a former
client and the cases are related.
1.
I v. J; K v. J
I is the present client and J was a former client
in a case that is unrelated.
2.
L, M, N v. O, P, Q
L, M, N are present clients but L and
M joins O, P, Q (People v. Davis).
53
Legal Ethics
Being a counsel-of-record of the other party is not a
requisite to be guilty of representing conflicting
interests
54
3.
4.
Rule 15.03, Canon 15
A lawyer shall not represent conflicting interests
except by written consent of all concerned given
after a full disclosure of the facts.
set aside;
The attorneys right to Fees may be defeated if
found to be related to such conflict and such was
objected to by the former client, or if there was a
concealment and prejudice by reason of the
attorneys previous professional relationship with
the opposite party;
A lawyer can be held Administratively liable
through disciplinary action and may be held
Criminally liable for betrayal of trust.
A:
1. To decline the case because to do so will constitute
representing conflicting interests. It is unethical for a
lawyer to represent a client in a case against another
client in the same case.
2. To accept to file the case against Huey Company,
after full disclosure to both retained clients and upon
their express and written consent. The written consent
may free him from the charge of representing
conflicting interests, because written consent
amounts to a release by the clients of the lawyers
obligation not to represent conflicting interests.
55
Legal Ethics
CANDID AND HONEST ADVICE TO CLIENTS
56
57
Legal Ethics
Prohibition of a Lawyer acquiring client property
Fiduciary duty
The principle that an attorney derives no undue
advantage that may operate to the prejudice or cause
an occasion for loss of a client. The relationship
between the lawyer and client is one of mutual trust
and confidence of the highest degree.
Instances when civil liability arises
FIDUCIARY RELATIONSHIP
Rule 16.01, Canon 1
A lawyer shall account for all money or property
collected or received for or from the client.
58
DELIVERY OF FUNDS
Rule 16.03, Canon 16
A lawyer shall deliver the funds and property of
his client when due or upon demand. However, he
shall have a lien over the funds and may apply so
much thereof as may be necessary to satisfy his
lawful fees and disbursements, giving notice
promptly thereafter to his client. He shall also
have a lien to the same extent on all judgments
and executions he has secured for his client as
provided for in the Rules of Court.
Costs of Suit
GR: Losing client and not the lawyer is liable for costs
of suit in favor of prevailing party, the lawyer not being
a party-litigant.
XPN: Where the lawyer insisted on clients patently
unmeritorious case or interposed an appeal to delay
litigation or thwart prompt satisfaction of prevailing
partys just and valid claim, the court may adjudge
lawyer to pay treble costs of suit.
CO-MINGLING OF FUNDS
Rule 16.02, Canon 16
A lawyer shall keep the funds of each client
separate and apart from his own and those of
others kept by him.
Failure of the lawyer to account all the funds and
property of his client which may come into his
possession would amount to misappropriation which
may subject him to disbarment on the ground of grave
misconduct or a criminal prosecution for estafa under
Art. 315, par. 1(b) of the RPC.
NOTE: While this rule provides that the lawyer has the right
to retain the funds of his client as may be necessary to satisfy
his lawful fees and disbursements known as attorneys lien
and his lien to the same extent on all judgments and
executions he has secured for his client called charging lien,
he is still duty bound to render an accounting of his
clients funds and property which may come into his
possession in the course of his professional employment In
the application of attorneys lien, a lawyer shall give notice
to his client otherwise, the same might be construed as
misappropriation which may subject him to disciplinary
action (Antiquiera, 2007).
59
Legal Ethics
located in his given address or in the addresses that
Fernandez gathered. Did Atty. Cabrera II violate the
Code of Professional Responsibility when he
accepted the records and money of the complainant
and thereafter failed to render his services?
60
ADEQUATE PREPARATION
Rule 18.02, Canon 18
A lawyer shall not handle any legal matter
without adequate preparation.
A lawyer should prepare his pleadings with great care
and circumspection. He should refrain from using
abrasive and offensive language, for it merely weakens
rather than strengthens the force of legal reasoning
and detracts from its persuasiveness. In preparing a
complaint for damages, counsel for plaintiff should
allege and state the specific amounts claimed not only
in the body of the complaint but also in the prayer, so
that the proper docket fees can be assessed and paid
(Fernandez v. Atty. Novero, A.C. No. 5394, Dec. 2,
2002).
61
Legal Ethics
lawyer owes to the client the exercise of utmost
prudence and responsibility in representation
(Fernandez v. Atty. Novero, A.C. No. 5394, Dec. 2,
2002).
NEGLIGENCE
XPNs: (LIPIG)
1.
2.
3.
Negligence of a lawyer
4.
5.
COLLABORATING COUNSEL
Rule 18.01, Canon 18
A lawyer shall not undertake a legal service which
he knows or should know that he is not qualified
to render. However, he may render such service if,
with the consent of his client, he can obtain as
collaborating counsel a lawyer who is competent
on the matter.
62
Collaborating Counsel
One who is subsequently engaged to assist a lawyer
already handling a particular case for a client (Pineda,
2009).
NOTE: The handling lawyer cannot just take another counsel
without the consent of the client. The new lawyer on the
other hand cannot just enter his appearance as collaborating
counsel without the conformity of the first counsel.
XPNs:
1. Strict application might foster dangerous collusion
to the detriment of justice;
2. Service of notice upon party instead of upon his
attorney is ordered by the court;
3. Notice of pre-trial is required to be served upon
parties and their respective lawyers;
4. In appeal from the lower court to the RTC, upon
docketing of appeal.
63
Legal Ethics
4.
2.
3.
2.
3.
4.
CLIENTS FRAUD
Rule 19.02, Canon 19
A lawyer who has received information that his
client has, in the course of the representation,
perpetrated a fraud upon a person or tribunal,
shall promptly call upon the client to rectify the
same, and failing which he shall terminate the
relationship with such client in accordance with
the Rules of Court (2001 Bar Question)
64
Appearance
Kinds of appearance
1.
2.
XPNs:
1. When the lawyer is confronted with an
emergency where prompt and urgent action is
necessary to protect the interest of his client and
there is no opportunity for consultation with the
latter.
2. Settlement of Monetary Obligation to client is full
payment in cash.
ATTORNEYS FEES
(1990, 1991, 1992, 1994, 1995, 1997, 1998, 2005,
2006, 2007 Bar Questions)
Canon 20
A lawyer shall charge only fair and reasonable
fees
65
Legal Ethics
GR: Only lawyers are entitled to attorneys fees. The
same cannot be shared with a non-lawyer. It is
unethical.
Kinds of payment
1. Fixed or absolute fee that which is payable
regardless of the result of the case.
a. A fixed fee payable per appearance
b. A fixed fee computed upon the number of
hours spent
c. A fixed fee based on piece work
d. Combination of any of the above
66
67
Legal Ethics
deserves.
of his negligence;
7. When contract is contrary to law, morals or public
policy; and
8. Serving adverse interest unless the lawyer proves
that it was with the consent of both parties.
ACCEPTANCE FEES
Q: Rose engaged the services of Atty. Jack as counsel
for five cases. In the Retainer Agreement, Rose
agreed to pay Atty. Jack the amount of 200,000 as
Acceptance Fee for the five cases plus an additional
1,500 Appearance Fee per hearing and in the event
that damages are recovered, she would pay Atty. Jack
10% as success fee. Rose issued two checks
amounting to 51,716.54 in favor of Atty. Jack
however despite receipt of said amounts he failed to
file a case in one of the five cases referred to him; one
case was dismissed due to untimely appeal; and
another case was dismissed but he failed to inform
Rose about it before she left for abroad. Dissatisfied
with the outcome of her cases she demanded from
Atty. Jack the return of all the records she had
entrusted to him however he returned only two of
the five cases. She filed a complaint charging him
with violation of Canon 16 and 16.03 of the Code of
Professional Responsibility. Was there a violation of
the said Canon by the respondent?
68
69
Legal Ethics
of the CPR. A much higher compensation is allowed as
contingent fees is consideration of the risk that the
lawyer will get nothing if the suit fails. In several cases,
the Court has indicated that a contingent fee of 30% of
the money or property that may be recovered is
reasonable. Moreover, although the developer settled
the case, it was after the case was decided by the RTC
in favor of Chester, which shows that Atty. Laarni has
already rendered service to the client.
70
3. Unsatisfied claim
disbursements.
CHAMPERTOUS
CONTRACT
Payable in kind - a
portion of the thing or
property recovered as
compensation
Lawyers undertake to
pay all expenses of
litigation
Void
for
attorneys
fees
or
1.
2.
3.
4.
5.
ATTORNEYS LIENS
Attorneys retaining lien
A retaining lien is the right of an attorney to retain the
funds, documents and papers of his client who have
lawfully come into his possession and may retain the
same until his lawful fees and disbursements have
been paid, and may apply such funds to the
satisfaction thereof.
As to Nature
As to Basis
71
RETAINING
LIEN
Passive lien. It
cannot be
actively
enforced. It is a
general lien.
Lawful
possession of
papers,
documents,
property
belonging to
the client.
CHARGING LIEN
Active lien. It
can be enforced
by execution. It
is a special lien.
Securing of a
favorable
money
judgment for
client.
Legal Ethics
As to Coverage
As to Effect
Covers papers,
documents, and
properties in
the lawful
possession of
the attorney by
reason of his
professional
employment.
As soon as the
attorney gets
possession of
papers,
documents, or
property.
As to
Applicability
May be
exercised
before
judgment or
execution or
regardless
thereof.
As to
Extinguishment
When
possession
lawfully ends as
when lawyer
voluntarily
parts with
funds,
documents, and
papers of client
or offers them
as evidence.
Covers all
judgments for
the payment of
money and
execution
issued in
pursuance of
such judgment.
As soon as the
claim for
attorneys fees
had been
entered into
the records of
the case.
Generally,
exercised only
when the
attorney had
already secured
a favorable
judgment for
his client.
When client
loses action as
lien may only
be enforced
against
judgment
awarded in
favor of client,
proceeds
thereof/execut
ed thereon.
72
XPNs:
1. To prevent imposition
2. To prevent injustice
3. To prevent fraud (CPR, Rule 20.04)
NOTE: The basis for this is any of the cases provided for
by law where such award can be made, such as those
authorized in Article 2208 of the Civil Code, and is payable
to the client, NOT to the lawyer unless they have agreed
that the award shall pertain to the lawyer as additional
compensation or as part thereof.
73
Legal Ethics
ORDINARY CONCEPT OF ATTORNEYS FEES
at the back of the TCTs. DOY, for its part, filed several
petitions to set aside the RTC Orders involving the
award of attorneys fees. Eventually, CA rendered a
decision, fixing Atty. Gabriel, Jr.s fees at P200,000.00
and affirming the subsequent order of the RTC not to
annotate such award on the TCTs. Should the court
rely on the importance of the subject matter in
controversy and the professional standing of counsel
in awarding attorneys fee?
74
XPNs:
1. When authorized by his client after acquainting
him of the consequences of the disclosure;
NOTE: The only instance where the waiver of the client alone
is insufficient is when the person to be examined with
reference to any privileged communication is the attorneys
secretary, stenographer or clerk, in respect to which, the
consent of the attorney is likewise necessary.
2.
3.
Canon 21
A lawyer shall preserve the confidence and
secrets of his client even after the attorney-client
relation is terminated.
75
Legal Ethics
Rule 21.07, Canon 21
A lawyer shall not reveal that he has been
consulted about a particular case except to avoid
possible conflict of interest.
76
A: No. Atty. Xs contention is not correct. The lawyerclient relationship did not terminate as of the date of
compromise agreement, for the fact remained that he
still needed to oversee the implementation of the
settlement as well as to proceed with the criminal
cases until they were dismissed or otherwise
concluded by the trial court. It is also relevant to
indicate that the execution of a compromise
settlement in the criminal cases did not ipso
facto cause the termination of the cases not only
because the approval of the compromise by the trial
court was still required, but also because the
compromise would have applied only to the civil
aspect, and excluded the criminal aspect pursuant to
Article 2034 of the Civil Code (Samson vs. Era, A.C. No.
6664, July 16, 2013).
WITHDRAWAL OF SERVICES
Canon 22
A lawyer shall withdraw his services only for
good cause and upon notice appropriate in the
cirtumstances.
Right to withdraw
GR: A lawyer lacks the unqualified right to withdraw
once he has taken a case. By his acceptance, he has
impliedly stipulated that he will prosecute the case to
conclusion. This is especially true when such
withdrawal will work injustice to a client or frustrate
the ends of justice.
77
Legal Ethics
1. When the client deliberately Fails to pay the fees for
the services or fails to comply with the retainer
agreement;
2. When the client pursues an Illegal or immoral
course of conduct in connection with the matter he
is handling;
3. When the lawyer finds out that he might be
appearing for a Conflicting interest;
4. When the Mental or physical condition of the
lawyer renders it difficult for him to carry out the
employment effectively;
5. Other similar cases;
6. When the client insists that the lawyer pursue
conduct in Violation of these canons and rules;
7. When his Inability to work with co-counsel will not
promote the best interest of the client; and
8. When the lawyer is Elected or appointed to a public
office (CPR, Rule 22.01).
b.
c.
d.
e.
2.
3.
1.
2.
3.
Written application
Written consent of the client
Written consent of the attorney to be substituted,
or in the absence thereof, proof of service of
notice of said motion to the attorney to be
substituted in the manner prescribed by the rules.
A lawyer should not presume that the court will grant his
petition for withdrawal. Until his withdrawal shall have been
proved, the lawyer remains counsel of record who is
expected by his client as well as by the court to do what the
interests of his client require.
2.
1.
78
79
Legal Ethics
SUSPENSION, DISBARMENT AND
DISCIPLINE OF LAWYERS
RULE 139-B, RULES OF COURT
Restitution;
Assessment of costs;
Limitation upon practice;
Appointment of a receiver;
Requirement that a lawyer take the bar
examination or professional responsibility
examination;
6. Requirement that a lawyer attend continuing
education courses; and
7. Other requirements that the highest court or
disciplinary board deems consistent with the
purposes of the sanctions.
2.
3.
4.
5.
1.
2.
3.
4.
5.
Warn;
Admonish;
Reprimand;
Disbar;
Suspend a lawyer; [Sec. 27, Rule 138, Revised Rules
of Court (RRC)]
6. Interim suspension; and
7. Probation (IBP Guidelines)
Powers of the Court of Appeals and the Regional Trial
Courts
6.
7.
80
8.
3.
4.
5.
6.
GROUNDS
Specific grounds for suspension or disbarment of a
lawyer
1.
2.
3.
4.
5.
6.
7.
PRESCRIPTION
8.
Deceit;
Malpractice;
Grossly immoral conduct;
Conviction of a crime involving moral turpitude;
Violation of oath of office;
Willful disobedience of any lawful order of a
superior court;
Corrupt or willful appearance as an attorney for a
party to a case without authority to do so (RRC,
Sec. 27, Rule 138);
Non-payment of IBP membership dues (Santos, Jr.
v. Atty. Llas, Adm. Case No. 4749, January 20,
2000).
1.
81
Legal Ethics
2.
Moral turpitude
Legal malpractice
1.
Malpractice
Non-professional misconduct
GR: A lawyer may not be suspended or disbarred for
misconduct in his non-professional or private
capacity.
XPN: Where such is so gross as to show him
to be morally unfit for office or unworthy of
privilege, the court may be justified in
suspending or removing him from the Roll of
Attorneys. (2005 Bar Question)
Gross misconduct
It is any inexcusable, shameful or flagrant unlawful
conduct on the part of the person concerned in the
administration of justice which is prejudicial to the
rights of the parties or to the right determination of a
cause, a conduct that is generally motivated by a
predetermined, obstinate or intentional purpose
(Yumol Jr. v. Ferrer, Sr., A.C. No. 6585, Apr. 21, 2005).
2.
82
3.
4.
5.
2.
7.
PROCEEDINGS
Sui Generis
a. Neither purely civil nor purely criminal, they
are investigations by the Court into the
conduct of one of its officers.
b.
c.
83
Legal Ethics
Offices authorized
proceedings
to
investigate
disbarment
1.
2.
Purposes of disbarment
3.
4.
5.
6.
7.
84
2.
3.
4.
2.
85
Legal Ethics
standard of moral integrity, the Supreme Court may
withdraw his or her privilege to practice law. When a
lawyer is found guilty of gross immoral conduct, he
may be suspended or disbarred. As a lawyer, one must
not only refrain from adulterous relationships but
must not behave in a way that scandalizes the public
by creating a belief that he is flouting those moral
standards (Narag v. Atty. Narag, A.C. No. 3405, June
29, 1998).
Effect of lawyers death in an administrative
proceeding against him
1.
2.
e
Notify Respondent
SUPREME COURT
FOR REVIEW or
JUDGMENT
86
IF MERITORIOUS,
RESPONDENTS VERIFIED ANSWER
(Must be filed within 15 days from
service)
87
Legal Ethics
Effect of the desistance or withdrawal of complaint
or non-appearance of complainant in disbarment
proceedings
12.
13.
14.
15.
16.
17.
88
89
Legal Ethics
READMISSION TO THE BAR
1.
2.
3.
4.
5.
6.
90
3.
4.
4.
5.
6.
Effects of reinstatement
1.
91
Legal Ethics
Code of Professional Responsibility even if the acts of which
he was found guilty did not involve professional misconduct
(A modification of In Re Lontok, supra). The ground for the
petition for disciplinary action under the Code must,
however, not be founded alone on the conviction but must
be based on the acts committed by the lawyer which
rendered him morally unfit to be a member of the bar
(Aguirre, Legal and Judicial Ethics. A Pre-week Reviewer,
2006 Edition).
92
2.
2.
3.
4.
on
Mandatory
Continuing
Legal
COMPLIANCE
Composition:
a. Retired Justice of the SC to act as Chairman,
who is nominated by the SC
b. IBP National President acts as the ViceChairman
c. 3 other members nominated by the
Philippine Judicial Academy, UP Law Center
and Association of Law Professors,
respectively
Members are of proven probity and integrity
Compensation as may be determined by the SC
The initial terms of each of the 3 members shall be
5, 4, and 3 years respectively
REQUIREMENTS
NOTE: Members failing to comply will receive a NonCompliance Notice stating the specific deficiency and will be
given 60 days from date of notification to file a response.
EXEMPTIONS
Persons exempted from the MCLE
1.
2.
3.
4.
93
Legal Ethics
5.
SANCTIONS
Consequences of non-compliance
A member who fails to comply with the requirements
after the 60-day period shall be listed as delinquent
member by the IBP Board of Governors upon
recommendation of the Committee on MCLE.
NOTE: The listing as a delinquent member is an
administrative in nature but it shall be made with notice and
hearing by the Committee on MCLE. B.M. No. 1922, which
took effect on January 1, 2009, requires practicing members
of the bar to indicate in all pleadings filed before the courts
or quasi-judicial bodies, the number and date of issue of
their MCLE Certificate of Compliance or Certificate of
Exemption, as may be applicable, for the immediately
preceding compliance period. Failure to disclose the
required information would cause the dismissal of the case
and the expunction of the pleadings from the records.
Scope
94
4.
6.
2.
3.
4.
5.
95
Legal Ethics
officer of an NGO (non-governmental organizations) or PO
(peoples organizations) shall be a ground for an
administrative case against the said Clerk of Court or
Chairperson. This is without prejudice to the filing of the
criminal and administrative charges against the malfeasor
(B.M. 2012, Sec. 7[e]).
2.
3.
4.
5.
6.
7.
8.
96
NOTARIAL PRACTICE
Issuance of notarial commission
NOTARIAL PRACTICE
(1996, 2005, 2007 Bar Questions)
1.
2.
3.
4.
1.
2.
3.
Commission
97
Legal Ethics
Duties of a notary public
1.
2.
3.
4.
5.
6.
7.
98
NOTARIAL PRACTICE
2.
3.
4.
5.
99
Legal Ethics
Notarization of a private document
Q: Cabanilla filed a complaint against Atty. CristalTenorio with the IBP, alleging that he never appeared
before her when she notarized the deed of sale of his
house, and that the signatures appearing opposite
UNIVERSITY OF SANTO TOMAS
2014 GOLDEN NOTES
100
NOTARIAL PRACTICE
3.
4.
public official
authorized for the
purpose.
NOTE: In notarial wills, acknowledgement is required, not
merely a jurat.
Signature witnessing
Refers to a notarial act in which an individual on a
single occasion:
1. Appears in person before the notary public and
presents an instrument or document;
2. Is personally known to the notary public or
identified by the notary public through competent
evidence of identity as defined by the Rules on
Notarial Practice; and
3. Signs the instrument or document in the presence
of the notary public (A. M. No. 02-8-13-SC, Sec. 14,
Rule II).
Acknowledgment v. Jurat
ACKNOWLEDGMENT
Act of one who has
executed a deed, in going to
some competent officer or
court and declaring It to be
his act or deed
The notary public or officer
taking the
acknowledgement shall
certify that the person
acknowledging the
instrument or document is
known to him and he is the
same person who executed
it and acknowledged that
the same is his free act and
deed.
Two-fold purpose: To
authorize the deed to be
given in evidence without
further proof of its
execution, and, to entitle it
to be recorded.
Where used:
1. To authenticate an
agreement between two or
more persons; or
2. Where the document
contains a disposition of
property.
JURAT
That part of an
affidavit in which the
notary public or
officer certifies that
the instrument was
sworn to before him.
It is not part of a
pleading but merely
evidences the fact
that the affidavit was
properly made.
Where used:
1. Affidavits;
2. Certifications;
3. Whenever the
person executing
makes a statement of
facts or attests to the
truth of an event,
under oath.
E.g. An affidavit
subscribed before a
notary public or
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Legal Ethics
3.
4.
5.
Copy certification
Refers to a notarial act in which a notary public:
1. Is presented with an instrument or document that
is neither a vital record, a public record, nor
publicly recordable;
2. Copies or supervises the copying of the
instrument or document;
3. Compares the instrument or document with the
copy; and
4. Determines that the copy is accurate and
complete (A.M. 02-8-13-SC, Sec. 4, Rule II).
Notarial certificate
Refers to the part of, or attachment to a notarized
instrument or document that is completed by the
notary public which bears the notary's signature and
seal, and states the facts attested to by the notary
public in a particular notarization as provided for by
the Rules on Notarial Practice (A. M. No. 02-8-13, Sec.
8, Rule II).
102
NOTARIAL PRACTICE
fully aware that it contained a material falsehood.
The affidavit of adjudication is premised on this very
assertion. By this instrument, Alfonso claimed a
portion of his parents estate all to himself, to the
exclusion of his co-heirs. Shortly afterwards, Atty.
Beradio notarized the deed of sale, knowing that the
deed took basis from the unlawful affidavit of
adjudication (Heirs of the Late Spouses Lucas v .Atty.
Beradio, A.C. No. 6270, Jan. 22, 2007).
on Notarial Practice.
NOTE: Improper instrument/document is a blank or
incomplete instrument or an instrument or document
without appropriate notarial certification (A.M. No. 02-8-13SC, Sec. 6, Rule V).
Affirmation or oath
Refers to an act in which an individual on a single
occasion:
1. Appears in person before the notary public;
2. Is personally known to the notary public or
identified by the notary public through competent
evidence of identity as defined by the Rules on
Notarial Practice; and
3. Avows under penalty of law to the whole truth of
the contents of the instrument or document (Sec.
2,Rule II, A.M. No. 02-8-13-SC).
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
2.
3.
4.
14.
15.
16.
103
President;
Vice-President;
Members and Secretaries of both Houses of the
Congress;
Members of the Judiciary;
Secretaries of Departments;
Provincial governors and lieutenant-governors;
City mayors;
Municipal mayors;
Bureau directors;
Regional directors;
Clerk of courts;
Registrars of deeds;
Other civilian officers in the public service of the
government of the Philippines whose
appointments are vested in the President and are
subject to confirmation by the Commission on
Appointments;
All other constitutional officers;
PAO lawyers in connection with the performance
of duty; and
Notaries public (Sec. 41)
Legal Ethics
Duty to administer oaths
1.
2.
3.
4.
5.
NOTE: P.A.O. Lawyers now have the authority to administer
oaths, provided it is in connection with the performance of
their duties.
6.
NOTARIAL REGISTER
1.
2.
Signing or affixing a thumbmark in the notarial
register
At the time of notarization, the notary's notarial
register shall be signed or a thumb or other mark
affixed by each:
1. Principal;
2. Credible witness swearing or affirming to the
identity of a principal; and
3. Witness to a signature by thumb or other mark, or
to a signing by the notary public on behalf of a
person physically unable to sign (A.M. No. 02-813-SC, Sec. 3,Rule VI).
104
NOTARIAL PRACTICE
public should maintain a regular place of work or business
within the city or province where he is commissioned. The
SC evidently wants to eradicate the practice of fly by night
notaries public who notarized documents in improvised
offices.
REVOCATION OF COMMISSION
Who may revoke the notarial commission
1.
2.
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Legal Ethics
the old Notarial Law. As much could be said of his
failure to demand the exhibition of the residence
certificates of notarial witnesses. Defects in the
observance of the solemnities prescribed by law
render the entire will invalid (Manuel Lee v. Atty.
Regino Tamabago, A.C. No. 5281, Feb. 12, 2008).
SANCTIONS
2.
3.
106
107
JUDICIAL ETHICS
JUDICIAL ETHICS
Judicial ethics
The branch of moral science which treats of the right
and proper conduct to be observed by all judges in
trying and deciding controversies brought before them
for adjudication which conduct must be demonstrative
of impartiality, integrity, competence, independence
and freedom from improprieties. This freedom from
improprieties must be observed in both the public and
private life of a judge being the visible representation
of the law.
2.
De Facto judge
An officer who is not fully
vested with all the
powers
and
duties
conceded to judges but,
one who exercises the
office of judge under
some color of right. He
has the reputation of the
officer he assumes to be,
yet he has some defect in
his right to exercise
judicial functions at the
particular time (Luna v.
Rodriguez, G.R. No. L13744, Nov. 29, 1918).
108
SOURCES
especially the liberty to strive for the good life
according to a persons conception. He further said
that the Judiciary can contribute to the advancement
of liberty and prosperity by adopting two standards of
judicial review: that in litigations involving civil
liberties, the scales should weigh heavily against the
government and in favor of the people. However, in
conflicts affecting prosperity, development and the
economy, deference must be accorded to the political
branches of the government.
SOURCES
The two sources of judicial ethics
a.
b.
CODE OF JUDICIAL
CONDUCT
Concerned primarily
with the institutional
independence of the
judiciary.
Contained three
guidelines explaining
what judges should do
* Canon 1 of the 1989
Code created a weaker
mandate.
1.
2.
3.
4.
5.
6.
Independence
Integrity
Impartiality
Propriety
Equality
Competence and Diligence
109
JUDICIAL ETHICS
4. Duty of Financial Transparency and duty to avoid
financial conflicts of interest (NCJC, Sec. 7, Canon 4)
5. Duty to be efficient, fair and prompt (NCJC, Sec. 5,
Canon 6)
6. Duty to be free from favor, bias, or prejudice (NCJC,
Sec. 1, Canon 3).
Applicability
This code applies suppletorily.
CANON 1
A JUDGE SHOULD UPHOLD THE INTEGRITY AND
INDEPENDENCE OF THE JUDICIARY.
CANON 2
A JUDGE SHOULD AVOID IMPROPRIETY AND
THE APPEARANCE OF IMPROPRIETY IN ALL
ACTIVITES.
Rule 2.01, Canon 2
A judge should so behave at all times as to
promote public confidence in the integrity and
impartiality of the judiciary.
Q: Judge Canoy was charged with several counts of
gross ignorance of the law and/or procedures, grave
abuse of authority, and appearance of impropriety
(CJC, Canon 2) for granting bail to Melgazo, the
accused in a criminal case, without any application or
petition for the grant of bail filed before his court or
any court. He verbally ordered the branch clerk of
court to accept the cash deposit as bail, to earmark
an official receipt for the cash deposit, and to date it
the following day. He did not require Melgazo to sign
a written undertaking containing the conditions of
the bail under Sec. 2, Rule 114 to be complied with by
Melgazo. Thus, Judge Canoy ordered the police
escorts to release Melgazo without any written order
of release. Should respondent Judge Canoy be held
administratively liable for violating of Supreme Court
rules, directives and circulars under Sec. 9, Rule 140,
RRC (as amended by A.M. No. 01-8-10-SC)?
110
SOURCES
the ground that by using the letter head indicating his
position as the Presiding Judge he was trying to use
the prestige of his judicial office for his own personal
interest. Is the judge liable?
CANON 3
A JUDGE SHOULD PERFOM OFFICIAL DUTIES
HONESTLY, AND WITH IMPARTIALITY AND
DILIGENCE.
111
JUDICIAL ETHICS
investigation (Conquilla v. Bernando, A.M. No.MTJ-091737, Feb. 9, 2011).
ADMINISTRATIVE RESPONSIBILITIES
Rule 3.08, Canon 3
A judge should diligently discharge
administrative responsibilities, maintain
professional
competence
in
court
management,
and
facilitate
the
performance of the administrative functions
or other judges and court personnel.
112
SOURCES
judges impartiality might reasonably be questioned.
Among the instances for the disqualification of a judge
is that he is related to a party litigant within the sixth
degree or to counsel within the fourth degree of
consanguinity or affinity. But this refers to counsel of
the parties. As amicus, he represents no party to the
case. There is, therefore, no ground to fear the loss of
the judges impartiality in this case if his son is
appointed amicus curiae.
DISQUALIFICATION
REMITTAL OF DISQUALIFICATION
Rule 3.12, Canon 3
A judge should take no part in a proceeding
where the judges impartiality might
reasonably be questioned.
These cases include among others,
proceedings where:
a. The judge has personal knowledge of
disputed evidentiary facts concerning the
proceeding;
b. The judge served as executor,
administrator, guardian, trustee or
lawyer in the case or matter in
controversy, or a former associate of the
judge served as counsel during their
association, or the judge or lawyer was a
material witness therein;
c. The judges ruling in a lower court is the
subject of review;
d. The judge is related by consanguinity or
affinity to a party litigant within the sixth
degree or to counsel within the fourth
degree;
e. The judge knows the judges spouse or
child has a financial interest, as heir,
legatee, creditor, fiduciary, or otherwise,
in the subject matter in controversy or in
a party to the proceeding,
f. Any other interest that could be
substantially affected by the outcome of
the proceeding.
CANON 4
A JUDGE MAY, WITH DUE REGARD TO
OFFICIAL DUTIES, ENGAGE IN ACTIVITIES TO
IMPROVE THE LAW, THE LEGAL SYSTEM
AND THE ADMINISTRATION OF JUSTICE.
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JUDICIAL ETHICS
CANON 5,
A JUDGE SHOULD REGULATE EXTRAJUDICIAL
ACTIVITIES TO MINIMIZE THE RISK OF
CONFLICT WITH JUDICIAL DUTIES.
(1995, 1997, 1999, 2000, 2002 Bar Questions)
A judge should so manage investments and other
financial interests as to minimize the number of cases
giving grounds for disqualification. (Rule 5.02)
FINANCIAL ACTIVITIES
114
QUALITIES
QUALITIES
Judges must reject pressure by maintaining
independence from, but not limited to the following:
1.
CANON 1
JUDICIAL INDEPENDENCE IS A PRE-REQUISITE
TO THE RULE OF LAW AND A FUNDAMENTAL
GUARANTEE OF A FAIR TRIAL.
2.
3.
Judicial Independence
An independent Judiciary is one free from
inappropriate outside influence.
Judicial independence is a pre-requisite to the rule of
law and a fundamental guarantee of a fair trial. A
judge shall, therefore, uphold and exemplify judicial
independence in both its individual and institutional
aspects (NCJC, Canon 1).
4.
115
JUDICIAL ETHICS
A: Yes. The judge should not issue warrant of arrest
without personally evaluating the resolution of the
prosecutor and its supporting evidence to establish
judicial probable cause (RRC, Sec.6, Rule 112). A judge
in every case should endeavor diligently to ascertain
the facts and the applicable law unswayed by partisan
or personal interests, public opinion or fear of criticism.
Here, the judge should not have allowed himself to be
swayed into issuing a warrant of arrest (Libarios v.
Dabalos A.M. No.RTJ-89-286, July 11, 1991).
Degree of independence
The highest degree of independence is required of
judges. He must be independent in decision-making.
He cannot consult with staff and court officials.
However, he can ask colleagues purely academic or
hypothetical questions but not to the extent of asking
them to decide a case.
7.
Judges spouse
Son
Daughter
Son-in-law
Daughter-in-law
Other relative by consanguinity or affinity within
the sixth civil degree, or
Person who is a companion or employee of the
judge and who lives in the judges household
(NCJC of the Philippine Judiciary-Annotated,
February 2007).
116
QUALITIES
should, therefore, at all times remind themselves that they
are not in the judiciary to give out favors but to dispense
justice. They should also make it clear to the members of
their family, friends and associates that they will neither be
influenced by anyone, nor would they allow anyone to
interfere in their work.
INTEGRITY
CANON 2
INTEGRITY IS ESSENTIAL NOT ONLY TO THE
PROPER DISCHARGE OF THE JUDICIAL OFFICE,
BUT ALSO TO THE PERSONAL DEMEANOR OF
JUDGES.
117
JUDICIAL ETHICS
Integrity is essential not only to the proper discharge
of the judicial office but also to the personal demeanor
of judges. (NCJC, Canon 2) The integrity of the judiciary
rests not only upon the fact that it is able to administer
justice but also upon the perception and confidence of
the community that people who run the system have
done justice. Justice must not be merely done but
must also be seen to be done. (Panaligan v. Judge Ibay,
A.M. No. TJ-06-1972, June 21, 2006)
118
QUALITIES
courts for grievances look upon them also as part of the
judiciary. In performing their duties and responsibilities,
court personnel serve as sentinels of justice, that any act of
impropriety they commit immeasurably affects the honor
and dignity of the judiciary and the people's confidence in
the judiciary. They are, therefore, expected to act and
behave in a manner that should uphold the honor and
dignity of the judiciary, if only to maintain the peoples
confidence in the judiciary (Guerrero v.Ong, A.M. No. P-092676, Dec. 16, 2009).
IMPARTIALITY
CANON 3
IMPARTIALITY IS ESSENTIAL TO THE PROPER
DISCHARGE OF THE JUDICIAL OFFICE. IT APPLIES
NOT ONLY TO THE DECISION ITSELF BUT ALSO TO
THE PROCESS BY WHICH THE DECISION IS MADE.
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JUDICIAL ETHICS
A: No. Judge Dicdican cannot be charged with bias and
partiality, merely on the basis of his decision not to
grant a motion for a preliminary hearing. Allegations
and perceptions of bias from the mere tenor and
language of a judge are insufficient to show prejudgment. Moreover, as long as opinions formed in the
course of judicial proceedings are based on the
evidence presented and the conduct observed by the
judge, such opinion even if later found to be
erroneous on appeal or made with grave abuse of
discretion on certiorari will not necessarily prove
personal bias or prejudice on the part of the judge. To
allow inhibition for such reason would open floodgates
to abuse. Here, the denial of the motion to hear
affirmative defenses is based on the Rules of Court
which provides that preliminary hearing of defenses is
discretionary, hence the judge cannot be charged with
partiality on the basis of such decision (Gochan v.
Gochan,G.R. No. 143089, Feb. 27, 2003).
120
QUALITIES
for inhibition but the same was denied by the judge.
Did the judge commit any improper conduct?
Rule of necessity
It states that a judge is not disqualified to sit in a case
where there is no other judge available to hear and
decide the case. Furthermore, when all judges will be
disqualified as a result, it will not be permitted to
destroy the only tribunal with the power in the
premises. The doctrine operates on the principle that
a basic judge is better than no judge at all. It is the duty
of the disqualified judge to hear and decide the case
regardless of objections or disagreements (Parayno
v.Meneses, G.R. No. 112684, Apr. 26, 1994).
Sec. 4, Canon 3, NCJC
Judges shall not knowingly, while a
proceeding is before or could come before
them, make any comment that might
reasonably be expected to affect the outcome
of such proceeding or impair the manifest
fairness of the process.
Nor shall judges make any comment in public
or otherwise that might affect the fair trial of
any person or issue.
121
JUDICIAL ETHICS
A: The motion to inhibit must be denied for three
reasons:
1.
2.
3.
122
QUALITIES
The judge is related by consanguinity or affinity to a
party litigant within the 6th civil degree or to counsel
within the 4th civil degree (NCJC, Sec. 5(f), Canon 3);
Inhibition
An act when a judge personally prevents himself from
taking cognizance of the case. This is made through a
written petition to inhibit which shall state the
grounds for the same. The explanation of the judge
123
JUDICIAL ETHICS
whether or not to take cognizance of the case must
also be in writing.
Disqualification v. Inhibition
Time to file the petition to disqualify a judge
DISQUALIFICATION
There are specific
grounds enumerated
under the rules of court
for disqualification.
The judge has no
discretion; mandatory
INHIBITION
The rule only provides
broad basis for
inhibition.
3.
4.
124
QUALITIES
of the private respondents and should he therefore
disqualify himself from further hearing the civil case?
Appearance of impropriety
When the conduct of a judge would create
unreasonable minds a perception that the judges
ability to carry out judicial responsibilities with
integrity, impartiality and competence is impaired.
NOTE: Acts done by a judge which are not illegal may still
constitute a violation of this rule.
Remittal of disqualification
A judge disqualified may, instead of withdrawing from
the proceeding, disclose in the records the basis of
disqualification. If, based on such disclosure, the
parties and lawyers, independently of the judges
participation, all agree in writing that the reason for
the inhibition is immaterial or insubstantial; the judge
may then participate in the proceeding. The
agreement, signed by all parties and lawyers, shall be
incorporated in the record of the proceedings. (NCJC,
Sec. 6, Canon 3)
PROPRIETY
CANON 4
PROPRIETY AND THE APPEARANCE OF
PROPRIETY
ARE
ESSENTIAL
TO
THE
PERFORMANCE OF ALL THE ACTIVITIES OF A
JUDGE.
NOTE: The judges own perception of motives is not relevant
when considering appearance of impropriety.
125
JUDICIAL ETHICS
intend to use his position as a judge to influence the
outcome of his brothers election protest, it cannot be
denied that his presence in the courtroom during the
hearing of his brothers case would immediately give
cause for the community to suspect that his being a
colleague in the judiciary would influence the judge
trying the case to favor his brother (Vidal v. Judge
Dojillo Jr., A.M. No. MTJ-05-1591, July 14, 2005).
126
QUALITIES
Dignified conduct
127
JUDICIAL ETHICS
A: Yes. Judges are demanded to be always temperate,
patient and courteous both in the conduct and
language. Indeed, judges should so behave at all times
because having accepted the esteemed position of a
judge he ought to have known that more is expected
of him than ordinary citizen. Here, the judges use of
humiliating and insensitive expressions like putris
and putang-ina is improper as such intemperate
language detracts from how he should conduct himself.
Moreover, it does not matter whether such
expressions were directed to a particular person or not,
as they give the impression of a persons ill manners
(Re: Anonymous complaint Against Judge Acua, A.M.
No. RTJ-04-1891, July 28, 2005).
128
QUALITIES
Rationale: The prohibition will discourage, if not stop
judges from making business speculations in some
business ventures, the secrets of which they learned
by reason of their position as judges.
2.
1.
2.
Ticket fixing
It is misconduct in which judges impermissibly take
advantage of their public position to avoid punishment
for traffic violations.
3.
129
JUDICIAL ETHICS
Sec. 10, Canon 4, NCJC
Subject to the proper performance of judicial
duties, judges may:
1. Write, lecture, teach and participate in
activities concerning the law, the legal system,
the administration of justice or related matter;
2. Appear at a public hearing before an official
body concerned with matters relating to the law,
the legal system, the administration of justice or
related matters;
3. Engage in other activities if such activities do
not detract from the dignity of the judicial office
or otherwise interfere with the performance of
judicial duties.
130
QUALITIES
and Omnibus Motion, Judge Lelina engaged in the
private practice of law. Did the judge commit any
unethical act?
131
JUDICIAL ETHICS
Judge Lelina who then accepted the same. Should the
judge be disciplined?
2.
3.
EQUALITY
CANON 5
ENSURING EQUALITY OF TREATMENT TO ALL
BEFORE THE COURTS IS ESSENTIAL TO THE DUE
PERFORMANCE OF THE JUDICIAL OFFICE.
132
QUALITIES
Q: Judge Tormis made a comment in a certain case to
the effect that the same should be dismissed as the
act complained of was already decriminalized by a
special law. Thereafter, Judge Navarro, who
previously handled the case before he was appointed
as a judge, barged into the office of Judge Tormis
telling to the staff that their judge does not know her
law. Judge Tormis then retaliated by saying that to
her, the office of Judge Navarro does not exist. Are
the judges guilty of conduct unbecoming of a judge?
133
JUDICIAL ETHICS
woman especially child of tender years would exactly
remember step by step the sexual intercourse in the
hands of the maniacal beast. Hence, all the questions
asked are excessive (People v. Boras, G.R. No. 127495,
Dec. 22, 2000).
2.
134
QUALITIES
Sentence despite the deletion by the appellate court
of that portion of the judgment imposing the penalty
of imprisonment. In the performance of his duties,
Judge Ramos failed to observe that diligence,
prudence and circumspection which the law requires
in the rendition of any public service. If only Judge
Ramos had exercised the requisite thoroughness and
caution, he would have noted not only the
modification of the monetary awards by the appellate
court, but also the deletion of the penalty of
imprisonment upon which the Warrant of Arrest and
Commitment to Final Sentence that he signed was
based (Bayaca v. Judge Ramos,A.M. No. MTJ-07-1676,
Jan. 29, 2009).
2.
135
JUDICIAL ETHICS
money entrusted to him by litigants in connection with
a case pending in his court constitutes gross
misconduct. Moreover, the judge violated Circular No.
50-95 which provides that, fiduciary collections should
be deposited with the Land Bank of the Philippines.
Because of his actuations, the image of the judiciary
was impaired (De Pacete v. Judge Garillo, A.M. No.
MTJ-03-1473, Aug. 20, 2003).
136
QUALITIES
Q: Judge Delos Santos averred that Judge Mangino of
the MTC Tarlac approved the bail bond for
provisional liberty of the accused Santos who was
arrested and whose criminal cases were pending in
Angeles City. It was also made to appear from the
contents of the said bond that the accused appeared
before notary public Ancanan in Makati City.
According to the accused, she never went to Tarlac
and appeared before said Judge Mangino. She also
alleged that she never went to Makati City and
appeared before Notary Public Ancanan. Is Judge
Mangino guilty of grave misconduct?
137
JUDICIAL ETHICS
respondent Judge failed to do any of these options.
Since the judge retired from service he was only fined
(Antonio Y. Cabasares v. Judge Filemon A. Tandinco, Jr.
Municipal Trial Court in Cities, 8th Judicial Region,
Calbayog City, Western Samar, A.M. No. MTJ-111793, Oct. 19, 2011).
Flag lawyer
Refers to a lawyer of non-governmental organizations
(NGOs) and peoples organizations (POs) who by the
nature of his work already render free legal aid to
indigent and pauper litigants. (BAR MATTER No.
2012,Feb. 10, 2009, Section 4a(iii))
138
Object of impeachment
1.
2.
3.
4.
5.
Treason
Bribery
Other High Crimes
Graft and Corruption
Betrayal of Public Trust (1987 Constitution, Sec. 2
Art. XI)
Impeachable officers
1.
2.
3.
4.
5.
The President
Vice-President
Members of the Supreme Court
Members of the Constitutional Commissions
Ombudsman
Procedure of impeachment
1.
Impeachment
2.
It is a constitutional process of removing public
servants from office as an assurance against abusive
officials in the country (Impeachment Primer, Official
Gazette, 2012).
3.
4.
5.
139
JUDICIAL ETHICS
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Result of conviction
Removal from office. The Senate can additionally
impose penalty of disqualification from holding any
office in the Philippine government.
However, the party convicted shall nevertheless be
subject to prosecution, trial, and punishment
according to law. Criminal liability must be established
by criminal trial (Impeachment Primer, Official Gazette,
2012).
140
c.
141
National security
information
matters
and
intelligence
JUDICIAL ETHICS
2.
3.
4.
Probity
It is the uncompromising adherence to the highest
principles and ideals or impeachable integrity
(Webster's 3rd New International Dictionary).
Integrity
It is a steadfast adherence to a strict moral or ethical
code. It is honesty and honorableness put into one.
Observance of integrity in the judiciary
In the Judiciary, moral integrity is more than a cardinal
virtue, it is a necessity. The exacting standards of
conduct demanded from judges are designed to
promote public confidence in the integrity and
impartiality of the judiciary. When the judge himself
becomes the transgressor of the law which he is sworn
to apply, he places his office in disrepute, encourages
disrespect for the law and impairs public confidence in
the integrity of the judiciary itself (Lachica vs
Tormis, A.M. No. MTJ-05-1609, September 20, 2005).
142
143
JUDICIAL ETHICS
Q: Cruz was the defendant in an ejectment case filed
by the Province of Bulacan involving a parcel of land
owned by the said province. A decision was rendered
against Cruz. He then filed an appeal and several
motions for reconsideration but Justice AlinoHormachuelos before whom the motions were filed
subsequently denied all. Consequently, Cruz charged
all the judges and justices with grave misconduct,
gross inexcusable negligence, and rendering a void
judgment. Should the judges be held liable for grave
misconduct and gross ignorance of the law?
Serious charges
1.
2.
3.
4.
5.
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6.
7.
Light charges
1.
2.
3.
4.
Confidentiality of proceedings
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JUDICIAL ETHICS
judgment as to culpability of the respondent is
necessary (In Re: Petition for dismissal of Judge Dizon).
NOTE: The doctrine of res ipsa loquitur does not and cannot
dispense with the twin requirements of due process, notice
and the opportunity to be heard. It merely dispenses with
the procedure laid down in Rule 140, RRC (Rule 140:
Discipline of Judges of Regular and Special Courts and
Justices of the Court of Appeals and the Sandiganbayan).
A:
1. First view - there is a basis for the reaction against
the res ipsa loquitor rule on removing judges.
According to the position taken by the Philippine Bar
Association, the res ipsa loquitor rule might violate the
principle of due process that is the right to be heard
before one is condemned.
NOTE: The reason behind such rule is to free the judge from
apprehension of personal consequences to himself and to
preserve the integrity and independence of the judiciary.
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2.
3.
4.
IMPEACHMENT
(ETHICAL ASPECTS)
Constitutional provisions on the accountability of
public officers
Public officers and employees must at all times be
accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency, act
with patriotism and justice, and lead modest lives
(1987 Constitution, Sec. 1, Article XI).
Nature of public office
Principle of accountability
Misfeasance
a. Article 204 Knowingly rendering unjust
judgment.
b. Manifestly Unjust Judgment one which is
so patently against the law, public order,
public policy and good morals that a person
of ordinary discernment can easily sense its
invalidity and injustice.
Purpose of impeachment in
accountability of public officers
relation
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the
JUDICIAL ETHICS
It is essential that responsible and competent public
officers be chosen for public office to maintain the
faith and confidence of the people to the government
otherwise it becomes ineffective. No popular
government can survive without the confidence of the
people. It is the lone guarantee and justification of its
existence.
4.
2.
148
NOTE: Before the Court approved this resolution, administrative and disbarment cases against members of the bar who were
likewise members of the court were treated separately. However, pursuant to the new rule, an administrative case against a
judge of a regular court based on grounds which are also grounds for the disciplinary action against members of the Bar shall be
automatically considered as disciplinary proceedings against such judge as a member of the Bar.
Since membership in the bar is an integral qualification for membership in the bench, the moral fitness of a judge also reflects his
moral fitness as a lawyer. A judge who disobeys the basic rules of judicial conduct also violates his oath as a lawyer (Samson v.
Judge Caballero, A.M. No. RTJ-08-2138, Aug. 5, 2009)
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JUDICIAL ETHICS
DISCIPLINE OF LOWER COURT JUDGES AND
JUSTICES OF THE COURT OF APPEALS AND
SANDIGANBAYAN
3.
4.
Rationale
There is a conclusive presumption that the judge
cannot objectively or impartially try the case. The law
expressly prohibits him and strikes at the judges
authority to hear and decide the case.
Exception to compulsory/voluntary disqualification
The same rule also provides that the judge may hear
and decide the case despite the presence of a
disqualification provided the interested parties both
give a written consent, signed by them and entered
upon the record. It has been decided by the Supreme
Court that oral consent is not valid, even though both
parties have agreed (Lazo v. Judge Tiong, 300 SCRA 173,
1998).
VOLUNTARY
Voluntary Inhibition according to the Rules of Court
states that a judge through the exercise of sound
discretion may, for just or valid reasons to inhibit
himself.
NOTE: A presiding judge must maintain and preserve the
trust and faith of the parties-litigants. He must hold himself
above reproach and suspicion. At the very sign of lack of faith
and trust in his actions, whether well-grounded or not, the
judge has no other alternative but to inhibit himself from the
case (Gutang v. Court of Appeals, 292 SCRA 76).
UNIVERSITY OF SANTO TOMAS
2014 GOLDEN NOTES
150
151
JUDICIAL ETHICS
Cases where the judge of the first instance of a particular
province can approve the service of process of inferior
courts outside the boundaries of province in which they
are comprised
1.
2.
3.
4.
1.
2.
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LEGAL FEES
LEGAL FEES
(RULE 141, A.M. NO. 04-2-04-SC)
a.
MANNER OF PAYMENT
Payment shall be made upon the filing of the pleading
or other application which initiates an action or
proceeding. The fees prescribed shall be paid in full
upon filing of the pleading or application.
2.
FEES IN LIEN
Where the court in its final judgment awards a claim
not alleged, or a relief different from, or more than
that claimed in the pleading, the party concerned shall
pay the additional fees which shall constitute a lien on
the judgment in satisfaction of said lien.
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JUDICIAL ETHICS
2.
2.
dated April 18, 2011 of Chief Public Attorney Persida RuedaAcosta Requesting Exemption From the Payment Of Sheriffs
Expenses, A.M. No. 11-10-03-0, July 30, 2013).
Indigent litigants
Republic of the Philippines
154
LEGAL FEES
Purpose of mediation fund
The Fund shall be utilized for the promotion of courtannexed mediation and other relevant modes of
alternative dispute resolution (ADR), training of
mediators, payment of mediators fees, and operating
expenses of the Philippine Mediation Center (PMC)
units including expenses for technical assistance and
organizations/individuals,
transportation/communication
expenses,
photocopying, supplies and equipment, expense
allowance and miscellaneous expenses, whenever
necessary, subject to auditing rules and regulations.
Fees do NOT form part of the Judiciary Development
Fund
The mediation fees shall not form part of the Judiciary
Development Fund (JDF) under P.D. No. 1949 nor of
the special allowances granted to justices and judges
under Republic Act No. 9227.
The amount collected shall be receipted and separated
as part of a special fund to be known as the Mediation
Fund and shall accrue to the SC-PHILJA-PMC Fund,
disbursements from which are and shall be pursuant
to guidelines approved by the Supreme Court.
Exceptions in paying mediation fees
The following are exempt from contributing to the
mediation fund:
1. Pauper litigant.
NOTE: However, the court shall provide that the unpaid
contribution to the Mediation Fund shall be considered
a lien on any monetary award in a judgment favorable
to the pauper litigant.
2.
Accused-appellant
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JUDICIAL ETHICS
COSTS
(RULE 142)
RECOVERY OF COSTS
PREVAILING PARTY
Costs allowed to a prevailing party
Costs shall be allowed to a prevailing party as a matter
of course. However, the court shall have power, for
special reasons, to adjudge that either party shall pay
the costs of an action, or that the same be divided, as
may be equitable (RRC, Sec. 1, Rule 142)
FALSE ALLEGATIONS
A false allegation made without reasonable cause and
found untrue shall subject the offending party to the
reasonable expenses as may have been necessarily
incurred by the other part by reason of such untrue
pleading. The amount fixed by the Judge and taxed as
costs (RRC, Sec. 4, Rule 142).
NON-APPEARANCE OF WITNESSES
If a Witness fails to appear at the time and place
specified in the subpoena issued by any inferior court,
the costs of the warrant of arrest and of the arrest of
the witness shall be borne by him, if the court
determines that his failure to answer the subpoena
was willful and without excuse (RRC, Sec. 12, Rule 142).
FRIVOLOUS APPEAL
If an appeal is deemed frivolous, double or treble costs
shall be imposed on the plaintiff or appellant, which
shall be paid by his attorney, if so ordered by the Court
(RRC, Sec. 3, Rule 142).
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BIBLIOGRAPHY
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