2017 Pointers in Legal and Judicial Ethics

by Professor Victoria V. Loanzon

assisted by Atty. Edgar Allan Pamis and Atty. Jehan Tabayag

Part I: Preliminaries
A.CONSTITUTIONAL FRAMEWORK
Art. VIII, Sec. 5, par. (5): admission to the practice of law, rules and regulations
pertaining to the practice of law, supervision over the Integrated Bar of the
Philippines
Art. XII, Sec. 14: practice of law is reserved only to Filipino citizens except for
those admitted to the practice on or before July 4, 1946

B. WHAT CONSTITUTES THE PRACTICE OF LAW

Cayetano v. Monsod et al., G.R. No. 100113 (3 September 1991): Practice of law under
modem conditions consists in no small part of work performed outside of any court and
having no immediate relation to proceedings in court. It embraces conveyancing, the
giving of legal advice on a large variety of subjects, and the preparation and execution of
legal instruments covering an extensive field of business and trust relations and other
affairs.

Lim-Santiago v. Atty. Carlos B. Sagucio, A.C. No. 6705 (31 March 2006): The act of
being a legal consultant is a practice of law. To engage in the practice of law is to do any
of those acts that are characteristic of the legal profession (In re: David, 93 Phil. 461). It
covers any activity, in or out of court, which required the application of law, legal
principles, practice or procedures and calls for legal knowledge, training and experience.

Spouses Eustaquio v. Atty. Edgar R. Navales, A.C. No. 10465 (8 June 2016): It is
settled that the Court has the exclusive jurisdiction to regulate the practice of law. As
such, when the Court orders a lawyer suspended from the practice of law, he must desist
from performing all functions requiring the application of legal knowledge within the
period of suspension. This includes desisting from holding a position in government
requiring the authority to practice law.

Natanauan v. Atty. Roberto P. Tolentino, A.C. No. 4269 (11 October 2016): The
practice of law is neither a natural nor a constitutional right but a privilege bestowed by
the State only upon the deserving and worthy for conferment of such privilege.

C. PREREQUISITES FOR ADMISSION TO THE PRACTICE OF LAW

1. EDUCATIONAL QUALIFICATIONS
REPUBLIC ACT NO. 7662 (1993): AN ACT PROVIDING FOR REFORMS IN THE
LEGAL EDUCATION, CREATING FOR THE PURPOSE, A LEGAL
EDUCATION BOARD AND FOR OTHER PURPOSES

RULES OF COURT, Rule 138, Sec. 2: Every applicant for admission as a member of
the bar must be a citizen of the Philippines, at least twenty-one years of age, of good
moral character, and a resident of the Philippines; and must produce before the Supreme

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Court satisfactory evidence of good moral character, and that no charges against him,
involving moral turpitude, have been filed or are pending in any court in the Philippines.
RULES OF COURT, Rule 138, Sec. 6: No applicant for admission to the bar
examination shall be admitted unless he presents a certificate that he has satisfied the
Secretary of Education that, before he began the study of law, he had pursued and
satisfactorily completed in an authorized and recognized university or college, requiring
for admission thereto the completion of a four-year high school course, the course of
study prescribed therein for a bachelor's degree in arts or sciences with any of the
following subjects as major or field of concentration: political science, logic, english,
spanish, history and economics.
In the Matter of the Petition for Disbarment of Telesforo A. Diao, A.C. No. 244 (29
March 1963): Telesforo A. Diao was not qualified to take the bar examinations; but due
to his false representations, he was allowed to take it, luckily passed it, and was thereafter
admitted to the Bar. Such admission having been obtained under false pretenses must be,
and is hereby revoked. The fact that he hurdled the Bar examinations is immaterial.
Passing such examinations is not the only qualification to become an attorney-at-law;
taking the prescribed courses of legal study in the regular manner is equally essential.

Patrick A. Caronan v. Richard A. Caronan a.k.a. “Atty. Patrick A. Caronan”A.C. No.

11316 (12 July 2016): Respondent never completed his college degree. While he enrolled
at the PLM in 1991, he left a year later and entered the PMA where he was discharged in
1993 without graduating. Clearly, respondent has not completed the requisite pre-law
degree.

2. CITIZENSHIP AND RESIDENCE

CONSTITUTION, Art. XII, Sec. 14.
RULES OF COURT, Rule 138, Sec. 2.

3. BAR EXAMINATIONS
RULES OF COURT, Rule 138, Sec. 7-16.
Aguirre v. Rana, B.M. No. 1036 (10 June 2003): The OBC found that respondent
appeared before the MBEC as counsel for Bunan in the May 2001 elections even before
he took the lawyers oath on 22 May 2001. Such misconduct casts a serious doubt on his
moral fitness to be a member of the Bar and is a ground to deny his admission to the
practice of law.

4. GOOD MORAL CHARACTER

RULES OF COURT, Rule 138, Sec. 2.
Velez v. Atty. Leonard S. de Vera, A.C. No. 6697 (25 July 2006): Disciplinary findings
against a Filipino lawyer in a foreign jurisdiction can be a ground for disbarment
proceedings in the Philippines.
Figueroa v. Barranco, SBC Case No. 519 (31 July 1997): Mere intimacy between a man
and a woman, both of whom possess no impediment to marry, voluntarily carried on and
devoid of any deceit on the part of respondent, is neither so corrupt nor so unprincipled as
to warrant the imposition of disciplinary sanction against him, even if as a result of such
relationship a child was born out of wedlock.

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Re: Petition of Al Argosino to Take the Lawyer’s Oath, B.M. No. 712 (19 March
1997): The lawyer's oath is NOT a mere ceremony or formality for practicing law. Every
lawyer should at ALL TIMES weigh his actions according to the sworn promises he
makes when taking the lawyer's oath. If all lawyers conducted themselves strictly
according to the lawyer's oath and the Code of Professional Responsibility, the
administration of justice will undoubtedly be faster, fairer and easier for everyone
concerned.

De Leon v. Pedrena (708 SCRA 13 October 22, 2013) J. Bersamin:A PAO lawyer was a
subject of a disciplinary investigation for sexual harassment of a rape victim. He
reasoned out that he was only testing the credibility of the rape victim.
“The Court ruled that the possession of good moral character is both a condition
precedent and a continuing requirement to warrant admission to the bar and to retain
membership to the legal profession. Members of the bar are clearly duty-bound to
observe the highest degree of morality and integrity in order to safeguard the reputation
of the bar. In the instant case (sexual harassment), IMMORAL CONDUCT is GROSS
when it is so corrupt as to constitute a criminal act, or so unprincipled as to be
reprehensible to a high degree, or when committed under such scandalous or revolting
circumstances as to shock the community’s sense of decency.”

5. THE LAWYER’S OATH

"I, _________________________, having been permitted to continue in the practice of
law in the Philippines, do solemnly swear that I recognize the supreme authority of the
Republic of the Philippines; I will support its Constitution and obey the laws as well as
the legal orders of the duly constituted authorities therein; I will do no falsehood, nor
consent to the doing of any in court; I will not wittingly or willingly promote or sue any
groundless, false or unlawful suit, nor give aid nor consent to the same; I will delay no
man for money or malice, and will conduct myself as a lawyer according to the best of
my knowledge and discretion with all good fidelity as well to the courts as to my clients;
and I impose upon myself this voluntary obligation without any mental reservation or
purpose of evasion. So help me God."

De Leon v. Castelo (A.C. No. 8620, January 12, 2011) J. Bersamin

A lawyer committed no misrepresentation when his allegations clearly show that the
former clients he represented have died and that he is representing the successors in
interest of the deceased.
“To all attorneys, truthfulness and honesty have the highest value. A lawyer must be a
disciple of truth. He swore upon his admission to the Bar that he will do no falsehood nor
consent to the doing of any in court and he shall conduct himself as a lawyer according to
the best of his knowledge and discretion with all good fidelity as well to the courts as to
his clients. He should bear in mind that as an officer of the court his high vocation is to
correctly inform the court upon the law and the facts of the case and to aid it in doing
justice and arriving at correct conclusion. The courts, on the other hand, are entitled to
expect only complete honesty from lawyers appearing and pleading before them. While a
lawyer has the solemn duty to defend his clients rights and is expected to display the
utmost zeal in defense of his clients cause, his conduct must never be at the expense of
truth.

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A lawyer’s reputation is a very fragile object. The Court must shield such fragility from
mindless assault by the unscrupulous and the malicious. It can do so, firstly, by quickly
cutting down any patently frivolous complaint against a lawyer; and, secondly, by
demanding good faith from whoever brings any accusation of unethical conduct. A Bar
that is insulated from intimidation and harassment is encouraged to be courageous and
fearless, which can best contribute to the efficient delivery and proper administration of
justice.”

6. SIGNING OF THE ROLL OF ATTORNEYS

RULES OF COURT, Rule 138, Sec. 17: Admission and oath of successful applicants.
- An applicant who has passed the required examination, or has been otherwise
found to be entitled to admission to the bar, shall take and subscribe before the
Supreme Court the corresponding oath of office.
In re: Petition to Sign in the Roll of Attorneys, Michael O. Medado, B.M. No. 2540 (24
September 2013): Medado may have at first operated under an 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. However, the moment he realized that what he had signed
was merely an attendance record, he could no longer claim an honest mistake of fact as a
valid justification. At that point, Medado should have known that he was not a full-
fledged member of the Philippine Bar because of his failure to sign in the Roll of
Attorneys, as it was the act of signing therein that would have made him so. When, in
spite of this knowledge, he chose to continue practicing law without taking the necessary
steps to complete all the requirements for admission to the Bar, he willfully engaged in
the unauthorized practice of law.

D. MEMBERSHIP IN THE INTEGRATED BAR OF THE PHILIPPINES

REPUBLIC ACT NO. 6397 (1971)
In re: Atty. Marcial Edrillon, A.M. No. 1928 (3 August 1978): Membership in the IBP
is mandatory; Thus, when the respondent Edillon entered upon the legal profession, his
practice of law and his exercise of the said profession, which affect the society at large,
were (and are) subject to the power of the body politic to require him to conform to such
regulations as might be established by the proper authorities for the common good, even
to the extent of interfering with some of his liberties. If he did not wish to submit himself
to such reasonable interference and regulation, he should not have clothed the public with
an interest in his concerns.
Santos v. Atty. Francisco R. Llamas, A.M. No. 4749 (20 January 2000): A complaint
for misrepresentation and non-payment of bar membership dues filed against respondent
Atty. Francisco R. Llamas.
E. NON-LAWYERS AUTHORIZED TO APPEAR IN COURT
RULES OF COURT, Rule 138-A: A law student who has successfully completed his 3rd
year of the regular four-year prescribed law curriculum and is enrolled in a recognized
law school's clinical legal education program approved by the Supreme Court, may
appear without compensation in any civil, criminal or administrative case before any trial
court, tribunal, board or officer, to represent indigent clients accepted by the legal clinic
of the law school.

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Cruz v. Mina, G.R. No. 154207 (27 April 2007): Section 34, Rule 138 provides: Sec. 34.
By whom litigation is conducted. — In the court of a justice of the peace, a party may
conduct his litigation in person, with the aid of an agent or friend appointed by him for
that purpose, or with the aid of an attorney. In any other court, a party may conduct his
litigation personally or by aid of an attorney, and his appearance must be either personal
or by a duly authorized member of the bar.

– The court, considering

RULES OF COURT, Rule 116, Sec. 7: Appointment of counsel de officio.
the gravity of the offense and the difficulty of the questions that may arise, shall appoint
as counsel de officio such members of the bar in good standing who, by reason of their
experience and ability, can competently defend the accused. But in localities where such
members of the bar are not available, the court may appoint any person, resident of the
province and of good repute for probity and ability, to defend the accused.
LABOR CODE Appearances and Fees. – (a) Non-lawyers may appear before the
Commission or any Labor Arbiter only: 1.If they represent themselves; or
2. If they represent their organization or members therof.

ACT NO. 2259, Sec.9. Any person claiming any interest in any part of the lands, whether
named in the notice or not, shall appear before the Court by himself, or by some person in
his behalf and shall file an answer on or before the return day or within such further time
as may be allowed by the Court. The answer shall be signed and sworn to by the claimant
or by some person in his behalf, and shall state whether the claimant is married or
unmarried, and, if married, the name of the husband or wife and the date of the marriage
xxx

A.M. No. 08-8-7-SC, Sec. 18-19 (1 February 2016): Section 16. Appearance - The
parties shall appear at the designated date of hearing personally. Appearance through a
representative must be for a valid cause. The representative of an individual-party
must not be a lawyer, and must be related to or next-of-skin of the individual-party.
Juridical entities shall not be represented by a lawyer in any capacity. The
representative must be authorized under a Special Power of Attorney (Form 5-SCC) to
enter into an amicable SETTLEMENT OF THE DISPUTE and to enter into stipulations
or admissions of facts and of documentary exhibits.

G. THE CODE OF PROFESSIONAL RESPONSIBILITY

The Lawyer and Society
Canon 1 – A lawyer shall uphold the Constitution, obey the laws of the land, and
promote respect for law and legal processes.
Rule 1.01. Shall not engage in unlawful, dishonest, immoral, deceitful conduct
Ecraela v. Pangalangan, A.C. No. 10676 (8 September 2015): Respondent carried on
several adulterous and illicit relations with both married and unmarried women between
the years 1990 to 2007, including complainant's own wife.
Carrie-Anne Reyes v. Atty. Ramon Nieva, A.C. No. 8560 (6 September 2016): Good
moral conduct requirement has four (4) ostensible purposes, namely: (a) to protect the
public; ( b) to protect the public image of lawyers; ( c) to protect prospective clients; and
( d) to protect errant lawyers from themselves.

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Sebastian v. Atty. Dorotheo Calis, A.C. No. 5118 (9 September 1999): The Court
disbarred respondent for jeopardizing the life and liberty of complainant when he made
her travel with spurious documents. Not only are respondent’s acts illegal, they are also
detestable from the moral point of view. His utter lack of moral qualms and scruples is a
real threat to the Bar and the administration of justice.
Rule 1.02. Shall not counsel defiance of the law
Gabriela Coronel v. Atty. Nelson A. Cunanan, A.C. No. 6738, (12 August 2015 -
BERSAMIN): A lawyer who proposes to his client a recourse or remedy that is contrary
to law, public policy, public order and public morals, or that lessens the public
confidence in the legal system is guilty of gross misconduct, and should be suspended
from the practice of law, or even disbarred.
Fernando Chu v. Atty. Jose C. Guico, Jr., A.C. No. 10573 (13 January 2015): A
lawyer was disbarred for making the complainant believe that with P580, 000.00, a
favorable decision can be obtained from the NLRC. The lawyer eroded public confidence
in the administration of justice.
Aca v. Atty. Salvado (A.C. No. 10952 January 26, 2016): A lawyer was held liable for
issuance of worthless checks.
“Respondent’s acts of issuing checks without sufficient funds to cover the same
constituted willful dishonesty and immoral conduct which undermine the public
confidence in the legal profession. When he issued the worthless checks, he discredited
the legal profession and created the public impression that laws were mere tools of
convenience that could be used, bended and abused to satisfy personal whims and
desires.
In Lao v. Medel, the Court wrote that the issuance of worthless checks constituted gross
misconduct, and put the erring lawyer’s moral character in serious doubt, though it was
not related to his professional duties as a member of the Bar. Covered by this dictum is
respondent’s business relationship with complainant. His issuance of the subject checks
display his doubtful fitness as an officer of the court. Clearly, he violated Rule 1.01 and
Rule 7.03 of the CPR.”

H. Distinctions on the different roles of a lawyer:

1. Attorneys-at Law: a class of persons who are by license, officers of the court,
empowered to appear, prosecute and defend, and upon whom peculiar duties,
responsibilities and liabilities are developed by law as a consequence.
2. Attorney-in-Fact: an agent whose authority is strictly limited by the instrument
appointing him. His authority is provided in a special power of attorney or a general
power of attorney or letter of authority. An attorney-in-fact is not necessarily a lawyer.
3. Counsel de officio: a counsel, appointed or assigned by the court, from among such
members of the bar in good standing who, by reason of their experience and ability may
adequately defend the accused. The person need not be a member of the bar if no lawyer
is available in a given locality. (Sec. 7, Rule 116, Rules of Court)
A counsel de officio is appointed to defend an indigent in a criminal action (Sections 3,
4, and 5, Rule 116; Sec. 32, Rule 138); or to represent a destitute party in a case (Sec.31,
Rule 138).
4. Attorney Ad Hoc: a person named and appointed by the court to defend an absentee
defendant in a suit in which the appointment is made.

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5. Attorney of Record: a member of the bar appointed by a client to represent in cause of
a court and upon whom service of papers may be made.
6. Of Counsel: a member of the bar who is associated with a law office but does not
normally appear as counsel of record of cases handled by the law office.
7. Lead Counsel: a member of the bar who charged with the principal management and
direction of a party-litigant.
8. House Counsel: a member of the bar who acts as attorney for a business company as
an employee of such company and renders legal advice on matters necessary in the
ordinary course of its business.
9. Amicus Curiae: a friend of the court. A person with strong interest in or views on the
subject matter of the action. One who is considered as an experience and impartial
attorney to help in the disposition of issues submitted to the Court. (Sec. 36, Rule 138)
10. Amicus Curiae par Excellence: bar associations who appear in court as amici curiae
or friends of the court. Like an individual amicus curiae, amicus curiae par excellence do
not represent any party to the case but act as consultant in a doubtful issue for resolution
of the court. They do not receive any compensation for their legal services to the court.
11. Counsel de parte: a lawyer retained by a party litigant, usually, for a fee, to prosecute
or defend his cause in court. The term implies freedom of choice either on the part of the
lawyer to accept the employment or on the part of the litigant to continue or terminate the
retainer at any time.
12. Pro bono Counsel: a lawyer who renders legal services without charging any
professional fees but does not shoulder the costs of litigation on behalf of his client.
13. Advocate: a lawyer who pleads on behalf of a third party.
14. Barrister: In England, a person entitled to practice law as an advocate or counsel in
superior courts.
15. Solicitor: In England, a person prosecuting or defending suits in a Court of Chancery.
A Court of Chancery is a court which administers equity and proceeding according to the
forms and principles of equity.
16. Proctor: In England, an attorney in the admiralty and ecclesiastical courts whose
duties and business correspond exactly to those of an attorney-at-law or solicitor in a
Chancery.
I. Suspension, disbarment and discipline of lawyers (Rule 139-B, Rule of Court)
1. Nature and characteristics of disciplinary actions against lawyers
Sui generis: A disbarment proceeding is a class of its own; it does not need
proof beyond reasonable doubt; it may proceed despite separate criminal
action against a lawyer.
Prescription: A disbarment proceeding is imprescriptible; all proceedings are
strictly confidential; may proceed despite withdrawal of the complaint.
2. Disciplinary Proceedings
Read Rule 139-B of the Rules of Court
How Complaint is Inititated
The Supreme Court Motu Proprio
Referral from the S.C. and IBP Chapters
IBP Board of Governors Motu Proprio
Complaint filed by Third Persons

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Proceedings before the Commission on Bar Discipline
Task of the Investigating Commissioner
No Motion for Reconsideration is allowed before the Commissioner
Consideration of the Recommendation of the Investigating Commissioner
Resolution of the Board of Governors
Motion for Reconsideration before the Board of Governors is allowed.
The decision of the Board of Governors (reviewed by SC) must be in writing supported
by facts and evidence presented during the hearing and the applicable provision of
the Code of Professional Responsibility.

3. Grounds for Suspension: Read Section 27, Rule 138, Rules of Court (deceit or any
gross misconduct, grossly immoral conduct, conviction of crime involving moral
turpitude, violation of lawyer’s Oath, willful disobedience of any lawful order, or
corruptly or willfully appearing as an attorney for a party in a case without authority,
malpractice which includes practice of soliciting cases for the purpose of gain, either
personally or through paid agents or brokers).
4. Guidelines in Lifting of Suspension
(i) File a Sworn Statement with the Office of the Bar confidant that the respondent
lawyer has served the period of suspension stating that he/she desisted from the
practice of law and never appeared in any court during the period of suspension.
(ii) Copies of the Sworn Statement must be furnished the chapter of which the
respondent lawyer is a member and the Executive Judges of the Regional Trial
Courts and first level courts where respondent lawyer has pending cases.
(iii)If satisfied, the Court will lift the order of suspension and reinstate the erring
lawyer

Campugan v. Tolentino (752 SCRA 254 March 11, 2015) J. Bersamin

There is no distinction between the life of a lawyer in his personal or professional
life.
“A lawyer may be disciplined for misconduct committed either in his professional or
private capacity. The test is whether his conduct shows him to be wanting in moral
character, honesty, probity, and good demeanor, or whether his conduct renders him
unworthy to continue as an officer of the Court. Verily, Canon 7 of the CPR mandates all
lawyers to uphold at all times the dignity and integrity of the Legal Profession. Lawyers
are similarly required under Rule 1.01 not to engage in any unlawful, dishonest and
immoral or deceitful conduct. Failure to observe these tents of the CPR exposes the
lawyer to disciplinary sanctions as provided in Section 27 Rule 138 of the Rules of Court,
a member of the bar may be disbarred or suspended from his office as attorney by the
Supreme Court for any deceit, malpractice, or other gross misconduct in such office,
grossly immoral conduct, or by reason of his conviction of a crime involving moral
turpitude, or of any violation of the oath which he is required to take before the admission
to practice, or for a willful disobedience appearing as an attorney for a party to a case
without authority so to do. The practice of soliciting cases at law for the purpose of gain,
either personally or through paid agents or brokers, constitutes malpractice.”

Balistoy v. Atty. Bron (A.C. No. 8667 February 3, 2016: Exoneration of a lawyer is
proper if there is no evidence to establish his culpability.

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“No sufficient evidence to prove that respondent participated in the fraudulent and
deceitful acts. In Manubay v. Atty. Garcia, the Court held that a lawyer may be disbarred
or suspended for any misconduct showing any fault or deficiency in moral character,
probity or good demeanor. The lawyer’s guilt, however, cannot be presumed. Allegation
is never equivalent to proof and a bare charge cannot be equated with liability.”

The Chirstian Spiritists in the Philippines Inc., et.al. v. Atty. Mangallay (A.C. No.
10483 March 18, 2016) J. Bersamin: A lawyer cannot be held accountable if the lawyer
acted on the basis of a lawyer order.
“The complaint for disbarment is absolutely devoid of merit and substance. The court hed
that the documents submitted by respondent to substantiate his denial of professional
wrongdoing are part of the records of the trial court, and, as such, are sufficient to
establish the unworthiness of the complaint as well as his lawful entitlement to the
demolition of the structures of complainants.”

Heck v. Gamotin (719 SCRA 339 March 18, 2014) J. Bersamin: Exoneration is proper
where complainant fails to solicit present evidence to warrant his liability.
“The court ruled that the power to disbar is always exercised with great caution only for
the most imperative reasons and in cases of clear misconduct affecting the standing and
moral character of the lawyer as an officer of the court and the member of the bar. In this
case, the petitioner’s evidence is insufficient to warrant the disbarment of the
respondent.”

5. Solicitation of Cases
Barratry is the offense of frequently exciting and stirring up quarrels in suits. It is
frowned upon as it is against public policy.
Ambulance Chasing is a practice which originated in New York, where through a
lawyer or his agent, cases are literally solicited in hospitals or in police precincts. The
evils sought to be prevented by this practice are: fomenting litigation; subornation of
perjury; mulcting of innocent persons upon manufactured causes of action; defrauding
injured parties.
6. Important matters to consider on fiduciary duty:
(1). Lawyers are bound to promptly account for money or property received in the
course of his engagement as counsel.

Bayonla v. Reyes (660 SCRA 490 2011) J. Bersamin: Appropriation of just

compensation violates the fiduciary duty of a lawyer to client.
“By not delivering Bayonla’s share despite her demand, Atty. Reyes violated Canon 16,
Rule 16.01 and 16.03. The money collected by Atty. Reyes as the lawyer of Bayonla was
unquestionably money held in trust to be immediately turned over to the client. The
unjustified withholding of money belonging to the client warrants the imposition of
disciplinary sanctions on the lawyer. Without doubt, Atty. Reyes’s failure to immediately
account for and to deliver the money upon demand was deceit, for it signified that she
had converted the money to her own use, in violation of the trust Bayonla had reposed on
her. It constituted gross misconduct for which the penalty of suspension from the practice
of law became justified pursuant to Sec. 27 Rule 138 of the Rules of Court.”

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Paula Yu v. Atty. Berlin Dela Cruz (A.C. No. 10912 January 19, 2016): A lawyer
violates his fiduciary duty to the client when he pledges the pieces of jewelry from his
client for his own personal interest.
“Respondent used his client’s jewelry in order to obtain and then appropriate for himself,
the proceeds from the pledge. Respondent was found to have violated Rule 16.04 of the
CPR, which proscribed the borrowing of money from a client, unless the latter’s interests
were fully protected by the nature of the case or by independent advice. The court has
repeatedly emphasized that the relationship between a lawyer and his client is one
imbued with trust and confidence. And as true as any natural tendency goes, this ‘trust
and confidence’ is prone to abuse. The rule against borrowing of money by a lawyer from
his client is intended to prevent the lawyer from taking advantage of his influence over
his client. The rule presumes that the client is disadvantaged by the lawyer’s ability to use
all the legal maneuverings to renege on his obligation. Suffice it to say, the borrowing of
money or property from a client outside the limits laid down in the CPR is an unethical
act that warrants sanction.”

(2). Even if a lawyer has a lien for fees, he is bound to turnover any property or
money received on behalf of his client.
(3). The turnover of money or property to his client is subject to lawyer’s lien.
All costs of litigation must be borne by the client.
7. Attorney’s fees: (i) Acceptance fees; (ii) Contingency fee arrangements; (iii)
Attorney’s liens; (iv) Fees and controversies with clients; (v) Concepts of attorney’s
fees -
(a) Ordinary concept (based on agreement or customary practice); and (b)
extraordinary concept (award of attorney’s fees is given to clients)

LBP v. Nable (G.R. No. 176692 June 27, 2012) J. Bersamin: The award of attorney’s
fees is in the nature of extraordinary fees and such award belongs to the client.
“The Court sustained the CA’s decision of the RTC’s award of 10% attorney’s fees.
Under Article 2208 of the Civil Code, an award of attorney’s fees requires factual, legal
and equitable justification. Clearly, the reason for the award must be explained and set
forth by the trial court in the body of its decision. The award that is mentioned only in the
dispositive portion of the decision should be disallowed. Considering that the reason for
the award of attorney’s fees was not clearly explained and set forth in the body of the
RTC’s decision, the Court has nothing to review and pass upon.”

On Lawyer’s fees and other charges:

Read Rule 138, Section 24, Rules of Court on Compensation of Attorneys
Rule 138, Section 12, Rules of Court on Compensation for Attorneys de officio
Rule 138, Section 37, Rules of Court on Charging Lien
Right of a lawyer: A charging lien is the right which the attorney has upon all
judgments for payment of money, and executions in pursuance of such judgments,
obtained in favor of the client, to secure reimbursement for advances made and
payment of attorney’s fees.

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Retaining fee (can partake of an acceptance fee) and professional fees for services
rendered (include the payment of such amount of amount as may be agreed upon by
the parties in the course of handling a legal matter for the client)
Read Rule 20.01 of CPR and Rule 138, Section 24 on factors to consider in charging
fees (importance of the subject matter of controversy, extent of services rendered,
professional standing)
Concept of Quantum Meruit: a lawyer will receive such amount commensurate the
services he rendered.

NPC v. Heirs of Macabangkit Sangkay (G.R. No. 165828 2011) J. Bersamin: The
rationale behind resort to quantum meruit is to prevent an unscrupulous client from
evading payment of the professional fees of lawyers.
“The recovery of attorney’s fees on the basis of quantum meruit is a device that prevents
an unscrupulous client from running away with the fruits of the legal services of counsel
without paying for it and also avoids unjust enrichment on the part of the attorney
himself. An attorney must show that he is entitled to reasonable compensation for the
effort in pursuing the client’s cause, taking into account certain factors in fixing the
amount of legal fees. In the event of a dispute as to the amount of fees between the
attorney and his client, and the intervention of the courts is sought, the determination
requires that there be evidence to prove the amount of fees and the extent and value of the
services rendered, taking into account the facts determinative thereof.”

On costs of litigation: A champertous contract may result where a lawyer assumes all
expenses for litigation and reimbursement is contingent on the outcome of the case.
This is strictly prohibited under Rule 16-04 of the CPR.
Champerty is different from a contingent fee contract because in the latter the lawyer
gets reimbursed for the advances made for the client in the course of representation,
whether he wins the suit or not; only the amount of professional fees is contingent
upon winning.
8. Preservation of client’s confidences: (i) Prohibited disclosures and use; (ii)
Disclosures, when allowed: The disclosures made a client to a lawyer are covered by
the privileged communications rule. The lawyer may, however, disclose information
relayed to him by a client when the latter is about to commit a crime or when there is a
dispute between the lawyer and his client and the information is vital in the defense of
the lawyer.

Part II: Q&A

Discipline of Government Lawyers
1. Can a government lawyer facing an administrative complaint before the
Ombudsman be also subjected to a disbarment proceeding?
Answer: Yes, the government lawyer may be a subject of an independent disbarment
proceeding if the basis of the complaint constitutes a violation of his Attorney’s Oath or
any the Canons under the Code of Professional Responsibility.
For a lawyer in public service is expected not only to refrain from any act or omission
which might tend to lessen the trust and confidence of the citizenry in the government.
He must also uphold the dignity of the legal profession at all times and observe a high
degree of honesty and fair dealing.

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Nature of Responsibility of Sheriff and Process Server
2. The sheriff and the process server of the MTC were directed to comment on the
complaint received by the Office of Court Administrator (“OCA”). What is the nature
of the directive issued by OCA? What will be the effect if court employees ignore the
directive of OCA?
Answer: The Office of the Court Administrator exercises direct administrative
supervision over trial court officers and employees. Therefore, directives coming from
OCA are mandatory.
Indifference to and disregard of, the directives issued clearly constitute insubordination.

Criminal liability of a judge

3. A judge was charged with reckless imprudence resulting to homicide. Can he move
to dismiss the case upon the premise that only the S.C. can discipline him?
Answer: No. The judge has to face the consequences of his criminal act before the regular
courts.
The Supreme Court may impose such other sanctions upon him depending on the
outcome of the case. If convicted by final judgment, the judge will be dismissed from the
judiciary and he will also be disbarred since homicide is a crime involving moral
turpitude.

Discipline of Judges
4. The Supreme Court may discipline appellate justices and lower court judges. What is
the voting requirement to dismiss a member of the bench?
Answer: The ultimate penalty of dismissal from service of a member of the judiciary may
be enforced by a majority vote of the justices who actually took part in the deliberations.
This is a constitutional provision.
For dismissal of judges, proof beyond reasonable doubt is necessary.

Independence of a Judge
5. Through the efforts of a Senator, a judge of a regional trial court was promoted to
the Court of Appeals. The Senator used to be a member of a law office. A case of his
former law office was raffled to the Division of the newly promoted justice. The
Senator put pressure upon the justice to decide in favor of the party represented by his
former law office. What must the justice do?
Answer: He must decline to any form of pressure because as a member of the judiciary,
he must exhibit impartiality and independence. Under the Code of Judicial Conduct, a
judge must possess the following traits: Independence, Impartiality, Integrity, Propriety,
Equality and Competence and Diligence. (IIIPEC&D)

Proper Conduct of a Judge

6. A trial court judge has been married for twenty three (23) years and has eight (8)
children out of said marriage. When he was reassigned in another jurisdiction, he and
his wife decided that the whole family will not join him in his new assignment so as not
to uproot their children from their present schools. In his new assignment, the judge
developed intimate relations with his Clerk of Court, who was herself married but is

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separated from her spouse. The relationship was known to the community. May the
judge be subjected to a disciplinary action?
Answer: Yes, because there is no dichotomy of morality since a public official is also
judged by his private morals. Propriety in both the public and private aspects of his life is
expected of a judge.

Inhibition of Judges
7. The Rules of Court provide for grounds when a member of the bench must inhibit
himself. Under what instance may a judge need NOT inhibit himself?
Answer: When the judge feels that the motion to inhibit filed by counsel is meant to
harass him and is meant to give that party an opportunity to rig the raffle of the case to
another court. Any inhibition must be based on just and valid ground.

Discipline of Judges
8. A judge was dismissed by the Court while her court stenographer was suspended.
While undergoing suspension, the judge wrote personal letters to the Chief Justice
instead of filing any formal Motion for Reconsideration. What is the effect of said
personal letters?
Answer: The Court said that filing of multiple Motions for Reconsideration under guise
of personal letters is trifling with the judicial processes to evade a final judgment. The
judge should be dismissed from service. (In Re: Judge Fatima Asdala, RTC-QC)

Dedication to Judicial Duties

9. An incumbent judge prior to his appointment was an adviser to an NGO, which dealt
with the land problems of the urban poor. Can he still continue to serve the NGO?
Answer: No. While a judge need not live a secluded life. He may not engage in other
extracurricular activities that may interfere with the performance of his judicial duties.
The degree of competence required of a judge should not be affected by his involvement
in other endeavors.

Duty of Judges during Trial

10. A judge trying a rape case of a minor child propounded questions to the victim.
May the prosecutor move that judge discontinue asking questions to the victim in the
course of her testimony?
Answer: No, because the judge may ask clarificatory questions to ferret out the truth. The
Rules of Court allow a judge to ask clarificatory questions in order to establish the
truthfulness of the allegations set forth in the complaint.

Competence and Diligence of Judges

11. A trial judge admitted an extrajudicial confession of the accused in a murder case.
It was later discovered that the subject document was made without aid of counsel but
instead of striking out the document from the records of the case, the judge required
that the accused take the witness stand to affirm statements made in the extrajudicial
confession. Is the act of the judge proper?
Answer: No, because the judge showed his manifest ignorance of the law when he
admitted an extrajudicial confession without aid of counsel. The Bill of Rights does not

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allow admission of extrajudicial confession if the same was made in writing without aid
of counsel.

12. A judge issued a warrant of arrest against the accused and left it to the discretion of
his Clerk of Court the amount of bail to be posted by the accused since he was going on
an out-of-town trip to attend the centennial homecoming of his school in the province.
May the judge be held liable for this act?
Answer: Yes, because as judge he is expected to exhibit the twin traits of competence
and diligence and must ensure the proper conduct of affairs in his court. He should be
mindful that the right to bail is a constitutional right granted to the accused. A judge must
await a Petition for Bail and then set the same for hearing. Hearing on a petition for grant
of bail is mandatory to allow the prosecution to set its objections. The judge should not
delegate his judicial responsibilities to the Clerk of Court.

The New Code of Judicial Conduct for the Philippine Judiciary (IIIPEC&D)
 Canon 1: INDEPENDENCE
 Canon 2: INTEGRITY
 Canon 3: IMPARTIALITY
Sevilla v. Lindo (642 SCRA 277 February 9, 2011) J. Bersamin: When a trial court
judge shows manifest bias to prejudice a party to the case, he shall be meted out the
proper penalty in order to show the public the Court will not countenance any trifling
of judicial processes.
“Judge Lindo is held liable for delay in the disposition of his cases that was tantamount to
inefficiency and incompetence in the performance of his official duties. Judge Lindo
made or allowed too many unreasonable postponements that inevitably delayed the
proceedings and prevented the prompt disposition of Crim. Case No. J-L00-4260 out of
manifest bias in favor of the accused, to the prejudice of Sevilla as the complainant. Thus,
he flagrantly violated the letter and spirit both of Rule 1.02 of the Code of Judicial
Conduct which enjoined all judges to administer justice impartially and without delay;
and of Canon 6 of the Canons of Judicial Ethics, which required him as a trial judge “to
be prompt in disposing of all matters submitted to him, remembering that justice delayed
is often justice denied.”
 Canon 4: PROPRIETY
Decena v. Malanyaon (A.M. No. RTJ-10-2217 April 8, 2013) J. Bersamin: An
incumbent judge is not allowed to engage in private practice of law.
“The Rules of Court expressly prohibits sitting judges like Judge Malanyaon from
engaging in the private practice of law or giving professional advice to clients. The New
Code of Judicial Conduct reiterates the prohibition from engaging in the private practice
of law or giving professional advice to clients. The Code of Judicial Ethics mandates that
the conduct of a judge must be free of a whiff of impropriety not only with respect to his
performance of hi judicial duties, but also to his behavior outside his sala and as a private
individual. There is no dichotomy of morality, a public official is also judged by his
private morals. The Code dictates that a judge, in order to promote public confidence in
the integrity and impartiality of the judiciary, must behave with propriety at all times. As
we have very recently explained, a judge’s official life cannot be simply detached or
separated from his personal existence. Being a subject of constant public scrutiny, a judge

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should freely and willingly accept restrictions on conduct that might be viewed as
burdensome by the ordinary citizen. A judge should personify judicial integrity and
exemplify honest public service. The personal behavior of a judge both in the
performance of official duties and in private life should be above suspicion.”

 Canon 5: EQUALITY
 Canon 6: COMPETENCE AND DILIGENCE
Miano v. Aguilar (A.M. No. RTJ-15-2408 February 23, 2016) J. Bersamin: A trial
judge commits gross inefficiency if there is delay in the disposition of pending motions
for his inhibition.
“To constitute gross ignorance of the law and for administrative liability to attach, it is
not enough that the decision, order or actuation of the judge in the performance of his
official duties is contrary to existing law and jurisprudence. It must also be proven that he
was moved by bad faith, fraud, dishonesty, or corruption or had committed an error so
egregious that it amounted to bad faith.
With regard to the delay in the resolution of pending motions for inhibition within the
prescribed period, the court found respondent guilty of gross inefficiency. The records are
bereft of evidence to show that respondent filed any request for an extension of time
within which to resolve them.”

Sps. Sustento v. Judge Lilagan (A.M. No. RTJ-11-2275 March 8, 2016) J. Bersamin:
The delay in the disposition of cases within 90 days from submission of the last
pleading constitutes lack of competence of a judge.
“The respondent judge took too much time in disposing of the petition for certiorari and
the ensuing motion for reconsideration. The delays were plainly violative of the
injunction to him to act expeditiously on the matters 90 days from their submission.
Accordingly, any judge who delays the disposition of any case or matter beyond the
prescribed period without the Court’s express clearance is liable for gross inefficiency
and must be administratively sanctioned.”

Balanay v. Judge White (A.M. No. RTJ-16-2443 January 11, 2016): When the judge
grants the motion for temporary liberty ex parte, he betrays his gross ignorance of the
law.
“Respondent is administratively liable for gross ignorance of the law for granting ex parte
motions to allow Adamas’s temporary liberty without setting the same for hearing. If
hearing is indispensable in motions for bail, more so in this case where the motions for
the temporary liberty of Adamas were filed without offering any bail or without any
prayer that he be released on recognizance. It is basic that bail cannot be allowed without
prior hearing. It is also basic that litigious motion that do not contain a notice of hearing
are nothing but a useless piece f paper which the court should not act upon. These rules
are so elementary that not to know them constitutes gross ignorance of the law.
Respondent is also liable for gross misconduct. A TSN is supposed to be a faithful and
exact recording of all matters that transpired during a court proceeding. Respondent’s act
of directing her subordinate to alter the TSN by incorporating therein statements
pertaining to substantial matters that were not actually made during the hearing
constitutes gross misconduct which warrants administrative sanction.”

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Maturan v. Gutierrez-Torres (A.M. OCA I.P.I. No. 04-1606-MTJ September 19, 2012)
J. Bersamin: When a judge fails to dispose of cases on time, he violates the litigant’s
constitutional guarantee of speedy disposition of cases.
“The New Code of Judicial Conduct for the Philippine Judiciary requires judges to
“devote their professional activity to judicial duties which include the performance of
judicial functions and responsibilities in Court and the making of decisions, efficiently,
fairly and with reasonable promptness.” These judicial canons directly demand efficiency
from the judges in obvious recognition of the right of the public to speedy disposition of
their cases.”

Re: Verified Complaint of Engr. Ongjoco against the Associate Justices of CA (664
SCRA 465 January 31, 2012) J. Bersamin: While the Court may investigate a judge or
a court employee based on an anonymous letter, there is a need to establish by clear
and convincing evidence the liability of the judge or a court employee.
“The Court found that the administrative complaint against respondent Justices of CA
baseless and utterly devoid of legal and factual merit, and outrightly dismiss it. In
administrative cases involving judicial officers, the complainants always carried on their
shoulders the burden of proof to substantiate their allegations through substantial
evidence. A judge’s failure to correctly interpret the law or to properly appreciate the
evidence presented does not necessarily incur administrative liability, for to hold him
administratively accountable for every erroneous ruling or decision he renders, assuming
he has erred, will be nothing short of harassment and will make his position doubly
unbearable. His judicial office will then be rendered untenable, because no one called
upon to try the fats or to interpret the law in the process of administering justice can be
infallible in his judgment. Administrative sanction and criminal liability should be visited
on him only when the error is so gross, deliberate and malicious, or is committed with
evident bad faith or only in clear cases of violations by him of the standards and norms of
propriety and good behavior prescribed by law and the rules of procedure, or fixed and
defined by pertinent jurisprudence.”

GSIS v. Cancino-Erum (A.M. No. RTJ-09-2182 September 5, 2012) J. Bersamin:

Where other judicial reliefs are available, the party must not resort to instituting an
administrative complete against a member of the bench.
“The Court have always regarded as a fundamental precept that an administrative
complaint against a judge is inappropriate as a remedy for the correction of an act or
omission complained of where the remedy of appeal or certiorari is recourse available to
an aggrieved party. Two reasons underlie this fundamental precept, namely: (a) to hold
otherwise is to render judicial office untenable, for no one called upon to try the facts or
to interpret the law in the process of administering justice can be infallible in his
judgment; and (b) to follow a different rule can mean a deluge of complaints, legitimate
or otherwise, and our judges will then be immersed in and be ceaselessly occupied with
answering charges brought against them instead of performing their judicial functions. To
constitute gross ignorance of the law, the acts complained of must not only be contrary to
existing law and jurisprudence, but must also be motivated by bad faith, fraud, dishonesty
and corruption.”

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Olaguer v. Ampuan (A.M. No. MTJ-10-1769 October 6, 2010) J. Bersamin: Lack of
TSN is not an acceptable excuse for a judge not to render decision on time.
“Respondent Judge failed in his duty to promptly and expeditiously dispose of
complainant’s case. Lack of TSN shall not be valid reason to interrupt or suspend the
period for deciding the case unless the case was previously heard by another judge not
the deciding judge in which case the latter shall have the full period of 90 days for the
completion of TSNs within which to decide the same. The respondent should have
forthwith issued the order directing the stenographers to submit the TSN’s after the
complainant had manifested that the defendants had not filed their memorandum. A judge
cannot by himself choose to prolong the period for deciding cases beyond that authorized
by law. Respondent Judge could have easily sought additional time by requesting an
extension from the Court. Without an order of extension granted by the Court, his failure
to decide within the required period constituted gross inefficiency that merited
administrative sanction.”

Re: Cases submitted for decision before Judge Herrera (A.M. No. RTJ-05-1924
October 13, 2010) J. Bersamin: Failure to decide cases on time constitutes gross
inefficiency of a judge.
“Judge Herrera’s failure to decide his cases with dispatch constituted gross inefficiency
and warranted the imposition of administrative sanctions upon him. Judge Herrera’s plea
of heavy workload, lack of sufficient time, poor health, and physical impossibility could
not excuse him. Such circumstances were not justifications for the delay or non-
performance, given that he could have easily requested the Court for the extension of his
time to resolve the cases. No judge can choose to prolong, on his own, the period for
deciding cases beyond the period authorized by law. Without an order of extension
granted by the Court, a failure to decide even a single case within the required period
rightly constitutes gross inefficiency that merits administrative sanction.”

Conflict of Interest
13. As a new lawyer, how will you know when a conflict of interest would arise?
Answer: There are three tests:
First, whether a lawyer is duty bound to fight for an issue or claim in behalf of one client
and at the same time, to oppose that claim for the other client.
Second, whether the acceptance of a new relation would prevent full discharge of the
lawyer’s duty of undivided fidelity and loyalty to the client or invite suspicion of
unfaithfulness or double-dealing.
Third, whether the lawyer may be called upon in the new relation to use against a former
client any confidential information acquired through engagement with a former client.

14. Atty. Rose used to be counsel of a company involved in lending money. Lately, she
found out that the said company is subject of numerous complaints of victims of a
pyramiding scam orchestrated by the company; can Atty. Rose become counsel of the
complainants against the lending company?
Answer: No, she cannot accept the engagement because there will be a conflict of
interest. Atty. Rose being counsel of the company accused to have resorted to pyramiding
will definitely be in a position to use confidential and privileged communications in her

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past engagement, which would help the cause of the complainants. Clearly, there is
conflict of interest.

Discipline of Court Employees

15. May the Court sanction court employees who get involved in a fight after office
hours?
Answer: Yes, the Court has ruled that any fighting or misunderstanding of court
employees whether among themselves or with others becomes a disgraceful sight
reflecting adversely on the image of the judiciary. Professionalism, respect for the rights
of others, good manners and right conduct are all expected of judicial officers and
employees. The penalty is more severe if the misbehavior is work-related.

Propriety of a Judge
16. The wife of a judge is a subject of an election protest before the COMELEC. The
son of the judge was counsel of his wife. During the hearing at the COMELEC,
opposing counsel noticed the judge talking to his son. Opposing counsel asked the
nature of the role of the judge in the proceeding. The judge said that he is the counsel
of his son. Is this response appropriate on the part of the judge?
Answer: No. Section 35 of Rule 138 expressly prohibits sitting judges from engaging in
private practice of law or giving professional advice to their clients. This is based on
sound public policy. The judge’s act renders him guilty of conduct unbecoming of a
judge. This is a violation of Canon 4 of the Code of Judicial Conduct, which requires
propriety on the part of judges.

Resumption of Practice of Law

17. A Filipino lawyer migrated to Canada. He eventually became a naturalized citizen
of Canada. May he be allowed to resume his practice of law in the Philippines?
Answer: Yes, a former Filipino can resume his practice of law provided he renounces his
Canadian citizenship, reacquires Filipino citizenship and takes his Oath of Allegiance to
the Philippine flag under R.A. 9225 and complies with the requirements prescribed by the
Supreme Court. (In Re: Petition of Atty. Dacanay to Resume Practice of Law)

Canon 9: Unauthorized Practice of Law

18. May a lawyer allow his secretary to sign a pleading while he is abroad?
Answer: Answer: No, a lawyer who makes his secretary sign his pleading is guilty of
violating Canon 9 for allowing a non-lawyer to practice law. The counsel’s signature
serves that
(1) he has read the pleading;
(2) to the best his knowledge, information and belief, there is good reason to
support it; and
(3) it is not interposed for delay. (Tapay v. Bancolo)

Disqualifications involving Public Officers

19. Who among the following public officials may practice law subject to conditions
while serving the government?
A. The President

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B. The Senate President
C. The Speaker of the House
D. Vice Governor (Under the Local Government Code, a Vice Governor may have
a limited practice of law.)

Coverage of Mandatory Continuing Legal Education

20. Who among the following is NOT exempted from complying with the 36-unit
MCLE program?
A. A Governor
B. A Senator
C. A City Prosecutor (Under the MCLE guidelines, a city prosecutor is not included in
the list.)
D. A justice of the Supreme Court

Discipline of Court Employees

21. The judge discovered that the court interpreter falsified her Daily Time Record.
May the judge initiate an administrative complaint against the court employee?
Answer: Yes. Falsification of time records constitutes dishonesty. Dishonesty has been
defined as the disposition to lie, cheat, deceive or defraud; it shows unworthiness of the
person; and it betrays lack of integrity.
The Court will never countenance any conduct which would violate the norm of public
accountability and diminish or even just to tend to diminish the faith of the public in the
judiciary.

Tan v. Hernando (A.M. No. P-08-2501 August 28, 2009) J. Bersamin: A lawyer must
settle just obligations.
“Respondent cannot escape administrative responsibility (for failure to pay his loan
obligations despite repeated demands). The Court cannot overstress the need for
circumspect and proper behavior on the part of court employees. While it may be just for
an individual to incur indebtedness unrestrained by the fact that he is a public officer or
employee, caution should be taken to prevent the occurrence of dubious circumstances
that might inevitably impair the image of the public office. Employees of the Court
should always keep in mind that the court is regarded by the public with respect.
Consequently, the conduct of each court personnel should be circumscribed with the
heavy burden of (sic) onus and must at all times be characterized by, among other things,
uprightness, propriety and decorum.”

Re: Anonymous Letter Complaint on the Alleged Involvement and for engaging in the
business of lending money at usurious rates of interest of Ms. Dolores Lopez, SC Chief
Judicial Staff Officer and Mr. Fernando Montalvo, SC Supervising Judicial Staff
officer, Checks Disbursement division, Fiscal Management and Budget Office. (737
SCRA 176 September 30, 2014) J. Bersamin: A court employee may be held liable for
engaging in the business of lending money at usurious rates.
“Sec. 1 Art. XI of the Constitution provides that public office is a public trust. Public
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

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modest lives. Administrative Circular No. 5 provides prohibition for the employees and
officials of the Judiciary from engaging directly in any private business, vocation or
profession, even outside their office hours. The prohibition has been at ensuring that full-
time officers and employees of the courts render full-time service, for only thereby could
any undue delays in the administration of justice and in the disposition of court cases be
avoided. The nature of work of court employees and officials demanded their highest
degree of efficiency and responsibility, but they would not ably meet the demand except
by devoting in their undivided time to the government service. This explains why court
employees have been enjoined to strictly observe official time and to devote every second
or moment of such time to serving the public. Considering that the official and personal
conduct and deportment of all the people who work for the Judiciary mirrored the image
of the Court itself, they should strive to comport themselves with propriety and decorum
at all times, and to be above suspicion of any misdeed and misconduct. Only thereby
would they earn and keep the public’s respect for and confidence in the Judiciary. As a
public servant, therefore, respondent Lopez knew only too well that she was expected at
all times to exhibit the highest sense of honesty and integrity.”

Reas v. Relacion (642 SCRA 266 February 9, 2011) J. Bersamin: A court employee
must exhibit the highest sense of honesty and integrity not only in the performance of
his. official duties.
“Respondent Relacion was guilty of Simple Misconduct. The Code of Conduct for Court
Personnel requires that the officials and employees of the Judiciary serve as sentinels of
justice, and declares that any act of impropriety on their part affects the dignity of the
Judiciary and the people’s faith in the Judiciary. Thus, the court personnel must exhibit
the highest sense of honesty and integrity not only in the performance of their official
duties, but also in their private dealings with their co-employees wand with the public.
Their professional and personal conduct must be free from any whiff of impropriety.”

Prohibition under Article 1491(5) of the New Code

22. Atty. Billy bought a property of his client, which was a subject of litigation he was
handing on his behalf. Can Atty. Billy be subjected to disciplinary action?
Answer: Yes, because the purchase is contrary to the provision of Article 1491(5) of the
Civil Code provides:
“The following persons cannot acquire by purchase, even at a public or judicial auction,
either in person or through the mediation of another:
xxx
(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and
other officers and employees connected with the administration of justice, the property
and rights in litigation or levied upon an execution before the court within whose
jurisdiction or territory they exercise their respective functions; this prohibition includes
the act of acquiring by assignment and shall apply to lawyers, with respect to the property
and rights which may be the object of any litigation in which they may take part by virtue
of their profession.
x x x.”
This article imposes prohibitions on certain persons including judges, lawyers and court
employees from acquiring properties by way of either public auction or private sale

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which have become subject matter of a case. The rationale advanced for the prohibition is
that public policy disallows the transactions in view of the fiduciary relationship
involved, i.e., the relation of trust and confidence and the peculiar control exercised by
these persons.

23. In the above situation, will your answer be the same if the court employee buys the
property upon retirement?
Answer: No, for the prohibition to apply, the sale or assignment of the property must take
place during the pendency of the litigation involving the property. Where the property is
acquired after the termination of the case, no violation of paragraph 5, Article 1491 of the
Civil Code attaches.

24. Will the prohibition apply if the lawyer acts as agent of the sale?
Answer: No, for the prohibition to apply, the lawyer must the purchaser. If he acts only
as an agent for the sale or assignment of the property the litigation involving the property,
there is no violation.

Pleadings and Lawyers

25. Atty. Firme signs his pleadings with his full name, his Roll of Attorneys Number,
his IBP Official Receipt number, his PTR number, his latest MCLE Compliance
Certificate number, his email address but he does indicate his office address. Is this
sufficient compliance?
Answer: No, because it is required by the Rules of Court that the lawyer must indicate
his office address so that proper service of summons, pleadings and other court may
reach him. (This is mandatory.)
Counsel must also inform both the court and the client of any change of address. His
negligence would bind his client because the court will only rely on his old address.

Tiburdo v. Atty. Puno (A.C. No.10677 April 18, 2016): Failure to obey the trial court’s
order and failure to inform his client the status of a case constitute gross negligence on
the part of the lawyer.
“Respondent is liable on account of his failure to (1) obey the RTC’s order and (2) inform
complainant of the dismissal of the civil case. The Court held that a lawyer’s failure to
file the required pleadings on behalf of his client constitutes gross negligence in violation
of the CPR and subjects him to disciplinary action. Analogously, respondent’s repeated
failure to produce the necessary Affidavit of Publication, in accordance with the orders of
the court, should render him liable for the proper penalty. Respondent also failed o
perform his duty to inform his client of the dismissal of the Civil Case. Rule 18.04 of the
CPR provides that “a lawyer shall keep his client informed of the status of his case and
shall respond within a reasonable time to the client’s request for information.” The
records show that the office of respondent duly received the Order of the RTC dismissing
the Civil Case. However, he never informed Marquard or the complainant of the Order,
causing such dismissal to attain finality.”

Signing of Roll of Attorneys

26. Assume that Atty. Firme passed the bar in 1979 but he never signed his Roll of
Attorney. Does he have recourse?

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Answer: Yes, he can file a Petition to Sign the Roll of Attorneys. But he will be
considered as having willfully engaged in the unauthorized practice of law. The Court
said that while an honest mistake of fact could be used to excuse a person from the legal
consequences of his acts as it negates malice or evil motive, a mistake of law cannot be
utilized as a lawful justification, because everyone is presumed to know the law and its
consequences.
In the case of Atty. Michael Medado, the Court slapped him with a fine of P32K for
practicing law without being a full-fledged lawyer. After signing the Roll, the Court
suspended him from the practice of law for a period of one year.

Effect of Dismissal of a Judge

27. The Supreme Court dismissed Judge Male for gross misconduct and imposed
upon him perpetual disqualification from reappointment in any branch;
instrumentality or agency of the government including government owned and
controlled corporations. Despite the condition to his dismissal, Judge Male accepted an
appointment as legal consultant of PAGCOR. Is the acceptance of the legal
consultancy by Judge Male proper?
Answer: No, because by accepting the legal consultancy, he displayed an act in defiance
of the legal order of the Supreme Court. (This is based on a decided case involving a
judge who sought employment as a consultant with a government owned and controlled
corporation.)

Effect of Expired Notarial Commission

28. On the first working day of 2017, Mr. Domingo approached Atty. Publico to
have a Deed of Sale be notarized. Mr. Domingo as seller and Ms. Ligaya as buyer were
personally present and signed the document before Atty. Publico. The latter knew that
his notarial commission expired on the last day of the prior year but since the parties
were willing to pay him P30,000.00 as notarial fees, he agreed to notarize the same but
he said that the document must be dated December 31, 2016. Mr. Domingo and Ms.
Ligaya consented to the suggestion of the lawyer. Did Atty. Publico commit any
unethical conduct?
Answer: Yes, because a lawyer cannot notarize a document when he has an expired
commission. The 2004 Rules of Notarial Practice requires that a lawyer must have a valid
commission.
By notarizing the document with an expired commission, Atty. Publico violated the 2004
Rules of Notarial Practice. He also violated Canons 1 and 7of the Code of Professional
Responsibility. He failed to observe the law and he did not uphold the dignity of the legal
profession.

Good Moral Character

29. Atty. Quixote is married to Jaya, also a lawyer by profession. They have three
daughters. Atty. Quixote had an adulterous relationship with Ms. Regine, his paralegal
in his office. A son was born out of this adulterous relationship. Excited by the birth of
a son, he organized a lavish baptismal party for him. This event came to the knowledge
of Jaya since Regine posted on Facebook photographs of the baptismal party.
Confronted by Jaya, Atty. Quixote readily admitted his infidelity. As a compromise, he

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executed an Affidavit of Support for the illegitimate son and promised Jaya that he will
reform his ways. He however failed to fulfill his commitment to support his illegitimate
son forcing Regine to file disbarment proceedings against him. Will the case against
Atty. Quixote prosper?
Answer: Yes, because he has both the moral and legal obligation to provide for support
to his illegitimate son. As a lawyer, one is expected to comply with his legal obligation
under the Family Code and as a member of society, he should observe his moral
obligation as well.

Fiduciary Duty of Lawyers

30. Atty. Galang intended to surprise his mother during the Christmas season by
buying a house and lot for their family. All his life, they have lived in an apartment in
Cubao. He found a suitable house and lot in Antipolo City worth P5M. He had an
available cash of P2.5M but needed to take out a loan of P2.5M to complete the
transaction. Using a forged Special Power of Attorney of a retainer company, he was
able to obtain a loan of P2.5M from Banco Pinoy. Can Atty. Galang be subjected to
disciplinary action for this act?
Answer: Yes, because as lawyer, he must not take advantage of the trust of his client.
The lawyer is mandated by the Canon 17 of the CPR to be mindful of the trust and
confidence of his client.

Effect of Amnesty
31. For taking part in a military coup, Atty. Kiko was charged with aiding the military
officers and for illegal possession of firearms. Aside from facing criminal charges, a
disbarment proceeding was also instituted against him. He was ordered suspended
from the practice of law for two years. While he was undergoing criminal trial, the
government granted amnesty to all those who were involved in the failed military coup.
He availed of the government’s amnesty program. What is the effect of the amnesty
upon Atty. Kiko?
Answer: Since he was ordered suspended for two years, he must file a Petition to be
Reinstated. He must show to the Supreme Court proof that he availed of amnesty and the
that his application for amnesty was duly approved. Based such submission, he will be
restored to the Roll of Attorneys since amnesty wipes out all the effects of a crime. The
rule on amnesty applied in Political Law will also apply to lawyers.

Overbearing Conduct of Judge as a Mitigating Circumstance in Disciplinary Case

of a Court Employee
32. A process server is undergoing investigation because his presiding judge
complained that he is habitually absent from work. Can he claim as a defense the
close-to-unbearable working condition under the complainant judge?
Answer: Yes, in a decided case, the Court considered the claim of the process server as a
mitigating circumstance for his habitual absenteeism. The Judge’s act of humiliating the
process server in front of other court personnel or the public gives way to compassion .
The Court added that all judges should always observe courtesy and civility not only to
fellow judges but to court employees as well.

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Liability for Dishonest Conduct
33. What is the liability of a stenographer who asked someone else to take the civil
service examination on her behalf?
Answer: She will be dismissed from service because such act is tantamount to gross
dishonesty under the Civil Service rules and regulations.
Such act of dishonesty erodes the faith of the public in the judiciary. (Catena ruling)

Liability of Court Employee for Taking Money from a Litigant

34. What is the liability of a process server who collects or receives money from a party
litigant to enable him to serve court notices?
Answer: He shall be guilty of gross misconduct. He violated Canon 1, Section 2 of the
Code of Conduct of Court Personnel which provides that court personnel shall not solicit
or accept any gifts, favor, or benefit of any explicit or implicit understanding that such
gift shall influence their official actions.

Liability of Stenographer for Preparing Legal Documents for Third Parties

35. What is the liability of a court stenographer who prepares an extrajudicial
settlement of estate?
Answer: Her act of preparing such legal document constitutes practice of law and the
fact that she received money for such deed is simple misconduct. While it was a private
agreement between her and party, the Court said that all court employees’ conduct must
be beyond reproach.

Liability of Security Guards for Carting Galvanized Iron Sheets of Supreme Court
Property in Baguio City
36. What is the liability of security guards caught by the Clerk of Court of carting away
with used and dilapidated roofing materials belonging to the Supreme Court?
Answer: The Court will never condone such acts of the security guards. A full
investigation will be undertaken to allow them to explain their actuations. Penalties will
be imposed on the those who participated in the wrongdoing. (Administrative Case
against S.C. security guards stationed in Baguio City)

Liability of a Clerk of Court for Sending Text Message Regarding a Pending Case
before the Court
37. What is the liability of a Clerk of Court who sent a text message to party who has a
pending case before the court?
Answer: The Clerk of Court is penalized for improper conduct. As clerk of court, the
lawyer serves as a sentinel of justice and any act of impropriety immeasurably affects the
honor and dignity of the judiciary. Such act merits a suspension.

Liability for Wrong Legal Advice

38. The lawyer recommended a wrong legal strategy to the client. Will the client have
the right to institute administrative proceedings against the lawyer?

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Answer: Yes, especially so when the errors committed by respondent with respect to the
nature of the remedy adopted in the criminal complaint and the forum selected in the civil
complaint were so basic and could have been easily averted had he been more diligent
and circumspect in his role as counsel for complainant. What aggravates respondent’s
offense is the fact that his previous mistake in filing the estafa case did not motivate him
to be more conscientious, diligent and vigilant in handling the case of complainant. The
civil case he subsequently filed for complainant was dismissed due to what later turned
out to be a basic jurisdictional error. (Alcid ruling)

Compromise Agreement and Lawyer’s Professional Fees

39. Will a lawyer have a right to claim his professional fees when a client enters into a
compromise agreement without his knowledge?
Answer: Yes, while a client has an undoubted right to settle her litigation without the
intervention of the attorney, for the former is generally conceded to have exclusive
control over the subject matter of the litigation and may at anytime, if acting in good
faith, settle and adjust the cause of action out of court before judgment, even without the
attorney’s intervention. (Malvar v. Krafts Food ruling)
It is important for the client to show, however, that the compromise agreement does not
adversely affect third persons who are not parties to the agreement. This includes the
settlement of the lawyer’s fees. Counsel shall be entitled to recover from the client the
full amount.
However, the attorney may, at the discretion of the court, intervene in the case to protect
his rights. For the payment of his compensation the attorney shall have a lien upon all
judgments for the payment of money, and executions issued in pursuance of such
judgment, rendered in the case wherein his services had been retained by the client.

Liability of a Labor Arbiter

40. Atty. Empleo is a Labor Arbiter. He was trying an illegal dismissal case. The
company was represented by his former law professor. In deference to his professor, he
assured him that he will exert every effort to dismiss the complaint. The dismissed
employees learned of the scheme of Atty. Empleo. What is their recourse against Atty.
Empleo as a public servant?
Answer: The dismissed employees may institute graft and corrupt charges against him
before the Office of the Ombudsman. The Labor Arbiter even if he enjoys the rank of a
Regional Trial Court judge is treated like an ordinary public officer and the Ombudsman
has jurisdiction over him.
This will also not preclude the complainants to institute a disbarment case against the
labor arbiter.

Irregularity in IBP Elections

41. In the last IBP elections, the Supreme Court learned from the written report of the
Executive Judge who was designated to observe the conduct of the elections that some
candidates for the IBP posts openly campaigned, paid for the IBP annual dues of
lawyers who support them, treated them to meals and even provided for their

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transportation allowance. The report of the judge was fully documented and included
affidavits of witnesses. If found to be true, what action may the Supreme Court take
under the circumstances?
Answer: The Court must nullify the election results.(This was the decision of the
Supreme Court in In Re: 1989 IBP National Elections.)
In a recently decided case, the Court emphasized the need for the IBP to observe the
rotational rule on the assumption of the leadership in the national office of the Integrated
Bar of the Philippines.

Good Moral Character: Effect of Misrepresentation of Civil Status

42. In his application for admission to the bar, Brutus declared that he was SINGLE.
Upon this representation, Olive, the receiving clerk at the Supreme Court, developed a
special liking for this bar candidate. Brutus knowing that Olive could be of use to him
on the belief that he could either receive “tips” on the bar questions and/ or get
advance information that he passed the bar examinations, he courted her. Soon they
became lovers. Upon passing the bar and to the dismay of Olive, she saw Brutus during
the oath taking with another woman. Confronted, Brutus admitted that he was married
to the woman who was him during his oath taking. What action, if any, may Olive take
against Brutus?
Answer: She should initiate disciplinary action against Brutus for a material
misrepresentation in his application. Clearly, he is not a person of good moral character.
(This was the ruling in Zaguirre v. Castillo)

Liability of a Judge for Fabricating Court Orders

45. What would be the appropriate penalty for a judge guilty of fabricating an order to
favor a party to a case?
Answer: The judge should be dismissed. The Court has always reiterated the rule that a
judge must be like Caesar’s wife whose conduct must be beyond reproach. Judges are
expected to be impartial in the conduct of cases. Any malice which could be established
from the act of judge must be resolved against him for if such act goes unpunished, the
litigants will lose faith the administration of justice. (Violation of Canon 3: Impartiality)

Unauthorized Practice of Law

46. Atty. Blanco has a paralegal named Leo, who also holds a Bachelor of Laws degree
but is not a bar passer. On many occasions, when Atty. Blanco is not available to sign
the pleadings on behalf of his clients, Leo would sign the same. If the court finds out
about this arrangement between Atty. Blanco and Leo, who may be held liable for such
practice?
Answer: Both of them since Atty. Blanco can be cited for direct contempt and Leo, not
being a lawyer, can be held liable for indirect contempt. Canon 9 of the CPR directs that
no lawyer shall allow, directly or directly, the unauthorized practice of law.

Charging of Professional Fees

47. Under Canon 20 of the Code of Professional Responsibility, a lawyer shall charge
only fair and reasonable fees. In the event a client refuses to pay the professional fees
of a lawyer after a successful litigation, what is the recourse of the lawyer?

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Answer: The lawyer must file a claim in the nature of a charging lien before the same
court where the case was litigated. This is allowed under Rule 138, Sec. 37, same rule
was applied by the SC in Metrobank v. C.A.

Authority to Represent a Client

48. After the parties have rested, Atty. Santiago entered his appearance with a Motion
to Admit Supplemental Formal Offer of Evidence. Atty. Santiago did this without
knowledge of the petitioner-complainant but the Court included his pleadings in the
records of the case.
a) Was the actuation of Santiago correct?
Answer: No. A lawyer- client relationship must first exist for him to represent a client.
The judge may motu proprio direct the counsel for production of proof of authority to
represent a litigant or opposing counsel may move for the production of such proof of
authority.

b) What if the case was decided in favor of the petitioner-complainant with the court
referring to Santiago’s pleading in the text of the decision, will he be entitled to collect
his professional fees?
Answer: No because his representation was not authorized.

Duty of Competence and Diligence

44. Due to a number of professional engagements, Atty. Batid failed to perfect an
appeal of Mr. Viajero, his client, in a suit for damages for refusal of an airline
company to board him despite holding a confirmed reservation. He just gave Mr.
Viajero a copy of the decision of the trial court and informed him that the period of
appeal had already lapsed. Can Mr. Viajero hold Atty. Batid liable for this?
Answer: Yes, because a lawyer has no right to waive the right of his client to appeal.
Rule 18.04, Canon 18 of the CPR mandates the lawyer to inform his client of the status of
a pending case.

Sanchez v. Atty. Aguilos (A.C. No. 10543 March 16, 2016) J. Bersamin: A lawyer who
is not able to distinguish between legal separation and annulment of marriage betrays
his gross incompetence.
“The Court held that respondent misrepresented his professional competence and skill to
the complainant. The records show that he did not know the distinction between the
grounds for legal separation and for annulment of marriage. His explanation that the
client initially intended to pursue the act9ion for legal separation should be disbelieved.
The case unquestionably contemplated by the parties and for which his services was
engaged, was no other than an action for annulment of the complainant’s marriage
with her husband with the intention of marrying her British fiancée. xxx. That the
respondent was insisting in his answer that he had prepared a petition for legal
separation, and that she had to pay more as attorney’s fees if she desired to have an
action for annulment was, therefore, beyond comprehension other than to serve as a
hallow afterthought to justify his claim for services rendered. As such, the respondent
failed to live up to the standards imposed on him as an attorney. He thus transgressed
Canon 18 and Rules 18.01, 18.02 and 18.03 of the CPR.”

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Annual Payment of IBP Dues
45. Atty. Julianin forgot to update his IBP dues. He had a deadline to meet. After
completing his pleading, he decided to borrow the IBP Official Receipt of Atty. Santo,
another lawyer in their law firm. What can Atty. Santo do if he finds out what Atty.
Julianin did?
Answer: He can institute a disciplinary action against Atty. Julianin because such deed
shows his lack of respect both to a Canon 8 of the CPR requires that the lawyer shall
conduct himself with courtesy with a fellow lawyer and to the court.

Eroding Public Confidence in the Judicial System

49. Atty. Mota lost a case before the court presided over by Judge Hugo. Atty. Mota
attributed the loss to his suspicion that Judge Hugo must have been beholden to the
opposing counsel because they come from the same province. He spread the rumor
among other lawyers that Judge Hugo looks with favor to counsels who hail from the
same province where he comes from. Is this ethical on the part of Atty. Mota?
Answer: No, because such act is grossly irresponsible and is meant to diminish the
respect of counsels as well as litigants to the justice system. Canon 11 of the CPR
mandates that the lawyer shall observe and maintain respect due to the courts.
(Prosecutor Baculi v. Judge Belen)

Parliamentary Immunity of a Senator

50. Senator Teo, a lawyer, was so dismayed when the Supreme Court did not issue a
TRO to suspend the effectivity of the Cybercrime Law. He called a press conference
accusing the Court of narrow-mindedness. He said that those justices who did not heed
the plea of the netizens should be impeached. Is the actuation of Sen. Teo proper?
Answer: No, Senator Leo cannot invoke his parliamentary immunity because his
utterances were made in a press conference and not a part of his privilege speech.
Besides, as a lawyer he should not in any way apply pressure on the justices or sway their
appreciation of a case pending before them. Rule 11.04 of Canon 11 provides that a
lawyer should not attribute to a member of the judiciary motives not supported by record.
(Pobre v. Defensor-Santiago and Baculi v. Judge Belen)

Appointment of Counsel de Officio

51. When may the court appoint a counsel de officio?
Answer: The general rule is a court may appoint a counsel de officio in criminal cases.
Rule 14.02, Canon 14 of the CPR provides that a lawyer shall not decline, except for
serious and sufficient cause, an appointment as counsel de officio

Duty to the Courts and Charging of Professional Fees

52. Atty. Licu-licu would normally ask his secretary to remind him of deadlines to file
pleadings for his clients. Knowing that Atty. Licu-licu would always ask for extension
of time, the secretary would prepare the regular Motion of Extension for signature of
Atty. Licu-licu. In the pending civil case for collection of a sum of money between his

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client, Estrella and the latter’s debtor, Luna, the court did not grant his Motion for
Extension of Time to file Estrella’s Formal Offer of Evidence. With this denial,
Estrella lost the right to collect a P1.5M indebtedness from Luna. Can Atty. Licu-licu
justify his professional lapse in this particular case?
Answer: The lawyer is entitled to collect only such fees to the extent of the services he
rendered but his negligence would not entitle him to collect his full professional fees.
The lawyer should not take his sweet time with cases he is handling and delay the same
for no cogent reason because he is expected to serve his client with utmost competence
and diligence. (Under Canon 10 of the CPR, the lawyer owes candor, fairness and
good faith to the court.)

The Social Media and Judges

53. Judges Sinta and Lorna are bosom friends. They travel together. They have
only been in the practice of law for 10 years when they were appointed as RTC judges.
They use extensive social media to get in touch with their friends. During their visit in
Hawaii, they posted photographs of themselves in their Facebook accounts while
wearing their loud colored bikinis. Was it appropriate for Judges Sinta and Lorna to
post such photographs which the public may access?
Answer: No. In a decided case, the Court served notice to members of the bench to be
mindful of their of their actuations in their private and social lives. They are warned to
exercise discretion in what they post in the social media. Every effort must be made to
preserve the good image of the judiciary and uprightness of the people who hold office
therein.

Duty of a Notary Public

55. Atty. Luis is the retainer counsel of Kiloslakas Labor Union. As part of the
union requirement, all members must execute an Undertaking to support the goals of
the union, to abide by its rules and to pay promptly their dues. Atty. Luis notarized each
and every Undertaking of all the members and recorded them in his Notarial Register.
Rogelio, a member of Kiloslakas, failed to pay his union dues for five (5) years and he
was set to set to be expelled. The union officers found out, however, that Atty. Luis has
no notarial commission for the past 5 years and they will not be able to enforce the
requirement for Undertaking of recalcitrant members. Will Kiloslakas have any
recourse for such misfeasance?
Answer: Yes, Atty. Luis willfully violated the Notarial Act of 2004 by not filing his
Petition for Notarial Commission 45 days before its expiration.(See Sec. 11, Rule III and
Sec. 9, Rule IX of the 2004 Rules of Notarial Practice for jurisdiction and validity of
notarial commission.)

In 2016, the Supreme Court disbarred lawyers for the following violations of the
Notarial Rule:
1. No valid Notarial Commission
2. Notarizing without personal appearance of affiants
3. Notarizing documents without proof of competent identity of affiants

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 4. Notarizing fraudulent documents
5. Allowing a secretary to alter a notarized documents

Bides-Ulaso v. Noe-Lacsamana (A.C. No. 7297 September 20, 2009) J. Bersamin: A

notary public must require the personal appearance of an affiant.
“The respondent’s notarizing the amended verification and affidavit of non-forum
shopping in the absence of Bides as the affiant constituted a clear breach of the
notarial protocol and was highly censurable. Being a lawyer commissioned as a notary,
the respondent was mandated to discharge with fidelity the sacred duties appertaining to
her notarial office. Such duties being dictated by public policy and impressed with public
interest, she could not disregard the requirement and solemnities of the Notarial Law. It
was emphatically her primary duty as a lawyer-notary to obey the laws of the land and to
promote respect for the law and legal processes. She was expected to be in the forefront
in the observance and maintenance of the rule of law. She ought to have remembered that
a graver responsibility was placed upon her shoulders by virtue of her being a lawyer.”

Fabay v. Atty. Resuena (A.C. No. 8723 January 26, 2016): A notary public is liable for
notarizing a document if the affiant did not personally appear before him.
“In the instant case, it is undisputed that respondent violated not only the notarial law but
also his oath as a lawyer when he notarized the subject SPA without all the affiant’s
personal appearance. The purpose of the SPA was to authorize Apolo D. Perez to
represent the principals “to sue and be sued in any administrative or judicial tribunal in
connection with any suit that may arise out of their properties.” It is thus appalling that
respondent permitted Remedios Perez to sign on behalf of Amador Perez and Valentino
Perez knowing full well that the two were already dead at that time. Equally deplorable is
the fact that Remedios was likewise allowed to sign on behalf of Gracia Perez and Gloria
Perez, who were said to be residing abroad. Worse, he deliberately allowed the use of the
subject SPA in an ejectment case that was filed in court. In effect, respondent, in
notarizing the SPA, contented himself with Remedios’s representation of four of the six
principals of the SPA, doing away with the actual physical appearance of all the parties.
There is no question then that Atty. Resuena ignored the basics of notarial procedure and
actually displayed his clear ignorance of the importance of the office of a notary public.
Not only did he violate the notarial law, he also did so without thinking of the possible
damage that might result from its non-observance. Through his acts, respondent also
committed a serious breach of the fundamental obligation imposed upon him by the CPR,
particularly Rule 1.01 of Canon 1 which prohibited him from engaging in an unlawful,
dishonest, immoral or deceitful conduct. As a lawyer and as an officer of the court, it was
his duty to serve the ends of justice, not to corrupt it. Oath-bound, he was expected to act
at all times in accordance with law and ethics, and if he did not, he would not only
injure himself and the public but also bring reproach upon an honorable profession.”

Japitana v. Atty. Parado (A.C. No. 10859 January 26, 2016): A lawyer must renew his
notarial commission 45 days before its expiration.
“A lawyer who act as a notary public without the necessary notarial commission is remiss
in his professional duties and responsibilities. Hence, by performing notarial acts without
the necessary commission from the court, respondent violated not only his oath to obey

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the laws particularly the Rules on Notarial Practice but also Canons 1 and 7 of the CPR
which proscribes all lawyer from engaging in unlawful, dishonest, immoral or deceitful
conduct and directs them to uphold the integrity and dignity of the legal profession, at all
times.”

Sistual et.al. v. Atty. Ogena (A.C. No. 9807 February 2, 2016): Signatories must
personally appear before the notary public.
“Respondent was negligent in the performance of his duty as a notary public. He failed to
require the personal presence of the signatories of the documents and proceeded to
notarize the aforementioned documents without the signatures of all the parties.
Likewise, respondent failed to comply with the most basic function that a notary public
must do – to require the parties to present their residence certificates or any other
document to prove their identities.

Sps. Gacuya v. Atty. Solbita (A.C. No. 8840 March 8, 2016): A lawyer cannot continue
to notarize without renewing his notarial commission.
“Respondent’s act of violating the notarial law is undisputed a he notarized the deed of
sale despite an expired notarial commission. “The act of notarizing without the necessary
commission is not merely a simple enterprise to be trivialized. So much so that one who
stamps a notarial seal and signs a document as a notary public without being so
authorized may be hailed to court not only for malpractice but also for falsification. It
must be emphasized a new that “where the notarization of a document is done by a
member of the Philippine bar at a time when he has no authorization or commission to do
so, the offender may be subjected to disciplinary action. For one, performing a notarial
act without such commission is a violation of the lawyer’s oath to obey the laws, more
specifically, the Notarial Law. Then, too, by making it appear that he is duly
commissioned when he is not, he is, for all legal intents and purposes, indulging in
deliberate falsehood, which the lawyer’s oath similarly proscribes. These violations fall
squarely within the prohibition of rule 1.01 of Canon 1 of the CPR, which provides: “A
lawyer shall not engage in unlawful. Dishonest, immoral or deceitful conduct.” By acting
as a notary public without the proper commission to do so, the lawyer likewise violates
Canon 7 of the same Code, which directs every lawyer to uphold at all times the integrity
and dignity of the legal profession.”

Mariano v. Atty. Echanez(Peralta): The lawyer’s notarial commission is limited to the

jurisdiction to the judicial territory where it was issued.
“In the instant case, it is undisputable that respondent performed notarial acts on several
documents without a valid notarial commission. The fact of his lack of notarial
commission at the time of the unauthorized notarizations was likewise sufficiently
established by the certifications issued by the Executive Judges in the territory where
respondent performed the unauthorized notarial acts. Respondent, for misrepresenting in
the said documents that he was a notary public for and in Cordon, Isabela, when it is
apparent and in fact, uncontroverted that he was not, he further committed a form of
falsehood which is undoubtedly anathema to the lawyer’s oath. This transgression also
runs afoul of Rule 1.01, Canon 1 of the CPR.”

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Simultaneous Practice of Profession
56. Atty. Cuenta is both a Certified Public Accountant and a lawyer. For the year
2017, he renewed his PICPA membership and he also paid for his IBP annual dues.
He paid only one PTR with the City of Manila and uses the same PTR number when
he signs a CPA and as a lawyer. Is this proper?
Answer: No, because he should know that as an accountant his practice is governed by
the rules of the Professional Regulatory Commission and as a lawyer his practice is
governed by the rules of the Supreme Court.(See Sec.5, para 5, Art. VIII, Constitution)

Use of Legal Means to Uphold the Interest of Clients

57. Atty. Untog wrote a very strong letter to Mr. Mooh (a known entertainment
personality) in an effort to successful compel him to support an alleged illegitimate
child of the latter with his client, Marina,. In said letter, Atty. Untog said that if Mr.
Mooh will not regularly remit to Marina the regular support, he will be constrained to
ask the MTRCB to cancel his radio and television programs and he will also download
in the internet video clips between him and Marina during their intimate moments.
Can Mr. Mooh institute disciplinary action against Atty. Untog based on this letter?
Answer: Yes, because a lawyer should not threaten an adversary of his client for the
adversary to yield to the demand of his client in the absence of legal basis for such
demand. (Ong v. Unto relying on Rule 19.02, CPR))

Rule on Disclosure of Client’s Intent to Commit a Crime

58. It came to knowledge of Atty. Basa that Erlinda, his client, is about to commit a
fraud by asking an Immigration Officer to alter the date of arrival in Manila to make
appear that she was out of Manila on July 31, 2017 when she purportedly signed a
Promissory Note in favor of Carlito. What must Atty. Basa do under this situation?
Answer: He should ask Erlinda to relent on her plan and inform her that just obligations
must be paid. The duty to serve a client requires that counsel shall not reveal secrets of
his client except when the matter is meant to evade compliance with law.

Reinstatement of Disbarred Lawyers

59. Atty. Pardon was disbarred by the Supreme Court for not turning over a money
judgment to his client. After 7 years, Atty. Pardon asked the Court for extreme mercy to
reinstate him to the Roll of Attorneys. In his Petition, he presented testimonials of
persons of good repute to attest that he has reformed his ways and has become a very
active member of a non- governmental organization that helps farmers improve their
productivity since he was an agriculturist before he passed the bar. Is reinstatement to
the legal profession possible after disbarment?
Answer: Yes, because the power of the Supreme Court to reinstate a disbarred lawyer is
based on its constitutional authority to promulgate rules on the admission to the bar. (Sec.
5, par 5, Article VIII, Constitution).

60. What will be the basis for clemency to reinstate a lawyer who has been
disbarred?
Answer: The Supreme Court will consider the following factors:

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1. There must be proof of remorse and reformation. These shall include but should not be
limited to certifications or testimonials of the officer(s) or chapter(s) of the IBP, judges or
judges’ associations and prominent members of the community with proven integrity and
probity. A subsequent finding of guilt in an administrative case for the same or similar
misconduct will give rise to a strong presumption of non-reformation.
2. Sufficient time must have lapsed from the imposition of penalty to ensure a period of
reform.
3. The age of the person asking for clemency must show that he has still productive years
ahead of him that can be put to good use by giving him a chance to redeem himself.
4. There must be a showing of promise (such as intellectual aptitude, learning or legal
acumen or contribution to legal scholarship and the development of the legal system or
administrative and other relevant skills), as well as potential for public service.
5. There must be other relevant factors and circumstances that may justify clemency

Effect of Disciplinary Proceeding Abroad

61. Aside from passing the Philippine bar, Atty. Gara was likewise admitted to the
practice of law in the state of New York. A disbarment case was filed against by an
insurance company in New York for fraudulent claims involving personal injury cases.
After due notice and hearing, Atty. Gara was disbarred and no longer allowed to
practice in the state of New York. Atty. Gara returned to Manila and resumed practice
in the Philippines. Can Atty. Gara’s disbarment in New York be a ground for
suspension or disbarment in the Philippines?
Answer: Yes, because under the Rules of Court, the fraud committed by Atty. Gara in
New York is also a ground for suspension or disbarment of a member of the Philippine
bar. (See Velez v. de Vera)

Suspended Lawyer cannot Practice Law

62. Atty. Rebecca was suspended by the Supreme Court for a period of six months for
non-payment of just obligations. During her period of suspension, she represented her
husband, Antonio, who was facing a case for estafa. Her appearance was questioned
by argued that her appearance as wife of Antonio is not within the prohibition to
practice law, considering that she is defending her husband and not a client. Can Atty.
Rebecca be allowed to assist her husband in his defense for the pending estafa case he
is facing?
Answer: No, Atty. Rebecca cannot represent her husband during her period of
suspension.
When a court orders a lawyer suspended from the practice of law, the lawyer must desist
from performing all functions requiring the application of legal knowledge within the
period of suspension. Under Section 27, Rule 138 of the Revised Rules of Court, as
amended, willful disobedience to any lawful order of a superior court is a ground for
disbarment or suspension.
Therefore, Atty. Rebecca cannot undertake the defense of her husband. (Feliciano v.
Lozada, A.C. No. 7593, March 11, 2015)

Floran v. Atty. Ediza (A.C. No. 5325 February 9, 2016): A lawyer’s continued defiance
to the order of the Court can merit his disbarment.

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“As a member of the legal profession, respondent has the duty to obey the orders and
processes of this Court without delay and resistance. Rule 12.04 of Canon 12 of the CPR
states that ‘a lawyer shall not unduly delay a case, impede the execution of a judgment or
misuse Court processes. In the present case, respondent had previously been found guilty
of violating the CPR and was suspended from the practice of law for 6 months. Despite
the suspension, Atty. Ediza is once again demonstrating to this Court that not only is he
unfit to stay in the legal profession for failing to protect the interests of his clients but is
also remiss in following the dictates of the Court, which has administrative supervision
over him. In Tugot v. Judge Coliflores, it was held that the Court’s resolutions should not
be construed as mere requests from the Court. They should be complied with promptly
and completely. The failure of respondent to comply betrays not only a recalcitrant streak
in his character, but also disrespect for the Court’s lawful orders and directives.”

Lawyer can Testify on Behalf of Client

63. In a pending case, there was a question to establish whether or not the Answer to
the Complaint was filed on time. Atty. Lualhati, the counsel for the defense, offered to
testify to establish the fact of the date of receipt of the Complaint and the timely filing
of the Answer on behalf of her client. Can Atty. Lualhati testify on behalf of her client?
Answer: Yes, Atty. Lualhati can testify on behalf of her client.
A lawyer may testify on behalf of a client under the following circumstances:
(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 case, during his testimony, he must entrust the trial of the case to
another counsel. (Rule 12.08 of Code of Professional Responsibility)
Therefore, Atty. Lualhati can testify on behalf of her client to establish the fact of receipt
of the Complaint and timeliness of the filing of the Answer since she has the records of
the mailings of both pleadings.
Good Moral Conduct is a Continuing Requirement
64 Linda and Nilo have been college sweethearts in their hometown in Jaro, Iloilo.
When Nilo proceeded to Manila to pursue his study of law, he promised Linda that he
would marry him. However, Nilo married Maribeth who was his classmate in law
school. When the bar results were released Linda filed a complaint asking the Court
not to allow Nilo to take on the ground of grossly immoral conduct since he failed to
fulfill his promise of marriage to her. Will the complaint of Linda prosper?
Answer: No, the complaint filed by Linda will not prosper.
In a similar case, the Court has held that refusal to marry is not so corrupt nor
unprincipled as to justify disbarment. It is difficult to “state with precision and to fix an
inflexible standard” as what constitutes “grossly immoral conduct.” (Arciga v.
Maniwang, A.M. No. 1608, August 14, 1981, see also Figueroa v. Barranco, 1997)

Effect of Pardon
Q.65. Domingo is a lawyer and an officer of the Philippine National Police. He was
charged and convicted of murder for his participation in “Tokhang” operations. As

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result of his conviction involving moral turpitude, he was disbarred by the Supreme
Court. While serving his sentence, the President granted Domingo an absolute pardon.
A. Will the grant of absolute pardon automatically restore Domingo in the Roll of
Attorneys?
Answer: No, Domingo cannot be automatically reinstated.
The Constitution has vested solely upon the Supreme Court the admission to the practice
of law and the supervision of the Integrated Bar. (Article VIII, Section 5(5), Constitution)
Evidence of reformation is required before applicant is entitled to reinstatement,
notwithstanding the attorney has received a pardon following his conviction, and the
requirements of reinstatement had been held to be the same as for original admission to
the bar, except that the court may require a greater degree of proof than in an original
evidence. (IN RE: Quinciano D. Vailoces, A.M. No. 439, September 30, 1982)
Therefore, Domingo cannot automatically resume his practice of law.

Reinstatement of a Lawyer
B. What are the factors which the Supreme Court may consider to reinstate a disbarred
lawyer?
Answer: The following factors are considered in the reinstatement of disbarred lawyers:
1. There must be proof of remorse and reformation. These shall include but should not be
limited to certifications or testimonials of the officer(s) or chapter(s) of the Integrated Bar
of the Philippines, judges or judges associations and prominent members of the
community with proven integrity and probity. A subsequent finding of guilt in an
administrative case for the same or similar misconduct will give rise to a strong
presumption of non-reformation.
2. Sufficient time must have lapsed from the imposition of the penalty to ensure a period
of reform.
3. The age of the person asking for clemency must show that he still has productive years
ahead of him that can be put to good use by giving him a chance to redeem himself.
4. There must be a showing of promise (such as intellectual aptitude, learning or legal
acumen or contribution to legal scholarship and the development of the legal system or
administrative and other relevant skills), as well as potential for public service.
5. There must be other relevant factors and circumstances that may justify clemency.

Proper Attire in Court Hearing

66. While presiding over a case, Judge Elvira called the attention of Atty. Isabel
that she was not properly dressed to conduct trial. She directed Atty. Isabel
to change her outfit which must be “suitable, conventional, and appropriate.”
A. Is the action of Judge Elvira proper?
Answer: No, the action of Judge Elvira is not proper.
She revealed a hint of arrogance when she professed exasperation over minor procedural
mistakes, i.e. lawyers who were improperly attired or unprepared with their documentary
evidence. A judge who is inconsiderate, discourteous or uncivil to lawyers, litigants or
witnesses who appear in his sala commits an impropriety and fails in his duty to reaffirm
the people’s faith in the judiciary. (Concerned Citizen of Legazpi City v. Judge Carretas,
A.M. No. RTJ-07-2043, September 5, 2007)
Therefore, the judge violated Canon 6 of the Code of Judicial Conduct.

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Constitutional Qualifications of a Member of the Judiciary
B. What are the qualities prescribed by the Constitution for one to become a member of
the judiciary?
Answer: Article VIII, Section 7(3) provides that a member of the judiciary must be a
person of proven competence, integrity, probity and independence.

Unauthorized Practice of Law

67. Atty. Ernesto is a Cebu-based lawyer. While attending a hearing in Manila, Ester,
his Secretary, called him up to inform him that he had to sign a pleading which was
also due that day. Atty. Ernesto gave instructions to Ester to sign the pleading on his
behalf.
A. Was the action of Atty. Ernesto proper?
Answer: No, Atty. Ernesto’s instruction for Ester, a non-lawyer, to sign a pleading is
improper.
A lawyer may only delegate the signing of a pleading to another lawyer; he may not
delegate it to a non-lawyer. Further, under the Rules of Court, counsel‘s signature serves
as a certification that (1) he has read the pleading; (2) to the best of his knowledge,
information and belief there is good ground to support it; and (3) it is not interposed for
delay. Thus, by affixing one‘s signature to a pleading, it is counsel alone who has the
responsibility to certify to these matters and give legal effect to the document. (Rodrigo
E. Tapay and Anthony J. Rustia v. Atty. Charlie L. Bancolo and Atty. Janus T. Jarder,
A.C. No. 9604, 2013)
Therefore, Atty. Ernesto violated Canon 9 of the Code of Professional Responsibility for
unauthorized practice of law.

Sharing of Professional Fees

B. What circumstances may a lawyer share his professional fees?
Answer: Under Rule 9.02 of Canon 9 of the Code of Professional Responsibility, a
lawyer shall not divide or stipulate to divide a fee for legal services with persons not
licensed to practice law, except:
(a) Where there is a pre-existing agreement with a partner or associate that, upon the
latter's death, money shall be paid over a reasonable period of time to his estate or to
persons specified in the agreement; or
(b) Where a lawyer undertakes to complete unfinished legal business of a deceased
lawyer; or
(c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan even
if the plan is based in whole or in part, on a profit sharing agreement.

Use of Prefix – Atty.

68. Mehol, successfully hurdled the Shari ‘a Bar administered by the Supreme Court.
Mehol does not hold a law degree and has not been admitted to the practice of law.
Mehol, however, caused the printing of calling cards which carried his name as “Atty.
Mehol.” Can Mehol use the prefix “Atty.”?
Answer: No, it is not correct for Mehol to use the prefix “Atty.”.

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 Persons who pass the Shari'a Bar are not full-fledged members of the Philippine Bar,
hence may only practice law before Shari'a courts. The title of "attorney" is reserved to
those who, having obtained the necessary degree in the study of law and successfully
taken the Bar Examinations, have been admitted to the Integrated Bar of the Philippines
and remain members thereof in good standing; and it is they only who are authorized to
practice law in this jurisdiction. (Alawi v. Alauya, A.M. SDC-97-2-P. February 24,
1997).

Requirements for Admission to the Bar

69. What are the requirements for admission to the practice of law?
Answer: For one to be admitted to the practice of law, he must be:
1. A Filipino citizen
2. At least 21 years old
3. A resident of the Philippines
4. A high graduate and completed a pre-law degree and law degree of a recognized
law school in the Philippines
5. A person who possesses good moral character
6. A bar passer in the annual bar examinations administered by the Supreme Court
7. A bar passer who has taken his Attorney’s Oath
8. A bar passer who has signed the Roll of Attorneys
9. A bar passer who has affiliated himself with a chapter of the Integrated Bar of the
Philippines.

Basis of a Disbarment Case

70. Atty. Rogelio is the defense counsel in a pending high-profile criminal case.
Private Prosecutor Donald and Deo Calma, a broadcast journalist, were able to get
a copy of the complaint for disbarment against Atty. Rogelio. The complaint
alleged Rogelio’s philandering acts.
Both Donald and Deo connived for Deo to broadcast the facts surrounding the
disbarment case against Atty. Rogelio. Atty. Rogelio lodged a complaint against
Prosecutor Donald and Deo. For their defense, Donald and Deo cited their
constitutional right to free speech and the public’s right to information. Is the defense
of Prosecutor Donald and Deo tenable?
Answer: Prosecutor Donald and Deo’s defense is not tenable.
Prosecutor Donald, being a government lawyer violated Canon 6 of the Code of
Professional Responsibility. His was unethical and contemptuous. Under Rule 139-B,
Sec. 10 of the ROC, disciplinary proceedings against attorneys shall be private and
confidential until after the final resolution of the case by the Supreme Court. (Fortun v.
Quinsayas, GR No. 194578, 12 February 2013).
Not being a lawyer, Deo cannot be disbarred. For there to be a finding of contempt, there
must be a showing that Deo has willfully mocked the administration of justice. The
liberty of the press is subordinate to the proper administration of justice. (RREC v.
Baltazar, GR No. 134914, 19 June 2001).

Note: It is not necessary that the complainant is an injured party in a disbarment

case. It is only required that the complainant is able to establish the culpability of a

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lawyer for violating his Oath as a lawyer and the Canons of the Code of Professional
Responsibility.

Compromise Agreement must be with the Consent of the Client

71. Atty. Candido proposed to the client that the original insurance claim of P15 M
should be increased to P65M. The client agreed to the proposal of Atty. Candido. The
client increased its budget for the docket fees since the claim has been increased to
P65M. Atty. Candido received a total amount of P1.248M for the docket fees. The trial
court awarded Candido’s client P65M as prayed for. The insurance company, however,
filed a Notice of Appeal. Atty. Candido proposed to his client to settle the case at the
original amount of P15M. The client opposed the suggestion of Atty. Candido to enter
into a compromise agreement. Despite opposition of the client, Atty. Candido executed
the Compromise Agreement on behalf of the client.
A. Can the client institute a disbarment case against Atty. Candido?
Answer: Yes, the client can institute a disbarment case against Atty. Candido.
Canon 7 of the Code of Professional Responsibility mandates that lawyers must always
conduct themselves with honesty and integrity in all their dealings.
In the practice of law, lawyers constantly formulate compromise agreements for the
benefit of their clients. Article 1878 of the Civil Code provides that " [s]pecial powers of
attorney are necessary in the following cases: xxx (3) To compromise, to submit
questions to arbitration, to renounce the right to appeal from a judgment, to waive
objections to the venue of an action or to abandon a prescription already acquired xxx."
In line with the fiduciary duty of lawyers under Canon 16 of the Code of Professional
Responsibility, Section 23, Rule 138 of the Rules of Court specifies a stringent
requirement with respect to compromise agreements that while attorneys have authority
”

to bind their clients in any case by any agreement in relation thereto made in writing, and
in taking appeals, and in all matters of ordinary judicial procedure. But they cannot,
without special authority, compromise their client's litigation, or receive anything in
discharge of a client's claim but the full amount in cash.
Therefore, Atty. Candido can be disbarred.

Atty. Sison, Jr. v. Atty. Camacho (A.C. No. 10910 January 12, 2016): A lawyer was
disbarred for entering into a compromise agreement without the client’s written
authority.
“For entering into a compromise agreement without the written authority of his client
respondent violated Rule 1.01 of the CPR, which state that ‘a lawyer shall not engage in
unlawful, dishonest, immoral or deceitful conduct.’
Pursuant to Rule 16.01 of the CPR, a lawyer must be aware that he is accountable for the
money entrusted to him by the clients. The fiduciary mature of the relationship between
the counsel and his client imposes on the lawyer the duty to account for the money or
property collected or received for or from his client. money entrusted to a lawyer for a
specific purpose but not used for the purpose should be immediately returned. A lawyer’s
failure to return upon demand the funds held by him on behalf of his client gives rise to
the presumption that he has appropriated the same for his own use in violation of the trust
reposed in him by his client.”

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Lawyer’s Fees
B. Distinguish between an acceptance fee and a retainer fee.
Answer: An acceptance fee is the amount of professional fee which a lawyer charges
from a client to ensure that he will not accept engagement of his services by an adverse
party. A retainer fee may be in the form of a general retainer (retaining fee) which is a
preliminary fee paid to an attorney or counsel to ensure and secure his future services,
and induce him to act for the client. (Polloso v. Gangan, G.R. No. 140563. July 14,
2000); or it may be in the form of a special retainer which is a fee for a specific case
handled or special service rendered by the lawyer for a client. (Traders Royal Bank
Employees Union -Independent v. NLRC, G.R. No. 120592 March 14, 1997)

Fiduciary Duty of Counsel

72. Atty. Juancho is the counsel of record in the settlement of estate of Don Jose.
Conchita was appointed administrator of the estate to Don Jose. Atty. Juancho wants
to lease a building under the estate of Don Jose. He will use it for his personal business
since he and his wife own a recruitment agency. He said that he will get the approval
of the court and will post the necessary bond to answer for any damages the building
will sustain during the period of lease.
A. Is the proposal of Atty. Juancho proper under the circumstances? (5 points)
Answer: No, the proper of Atty. Juancho is improper.
Under Article 1491(5), lease contracts are covered by the prohibition vis-à-vis a lawyer
of property involved in litigation in which he takes part. To allow otherwise and the offer
to post a bond is not curative as this would lend a stamp of approval on an arrangement
which circumvents what the law directly prohibits. (Mananquil v. Villegas, Adm.Matter
No. 2430, 30 August 1990)

Conflict of Interest
B. What circumstances would indicate that a lawyer is liable for representing
conflicting interests?
Answer: There is conflict of interests when –
(1) Whether a lawyer is duty-bound to fight for an issue or claim in behalf of one client
and, at the same time, to oppose that claim for the other client;
(2) Whether the acceptance of a new relation would prevent the full discharge of the
lawyer‘s duty of undivided fidelity and loyalty to the client or invite suspicion of
unfaithfulness or double-dealing in the performance of that duty; and
(3) Whether the lawyer would be called upon in the new relation to use against a former
client any confidential information acquired through their connection or previous
employment. (Dr. Teresita Lee v. Atty. Amador L. Simando, A.C. No. 9537,
2013)

Seares Jr. v. Gonzales-Alzate (685 SCRA 397 2012) J. Bersamin: A lawyer cannot
represent two adverse interests.
“Canon 15 of the CPR prohibits an attorney from representing a party in a controversy
that is directly or indirectly related to the subject matter of a previous litigation involving
another client. Representing conflicting interests would only occur where the attorney’s
new engagement would require her to use against a former client any confidential

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information gained from the previous professional relation. The prohibition did not cover
a situation where the subject matter of the preset engagement was totally unrelated to the
previous engagement of the attorney. To constitute the violation, the attorney should be
shown to intentionally use against the former client the confidential information acquired
by her during the previous employment.”

Tulio v. Atty. Buhnagin (A.C. No. 7110 April 20, 2016): Public policy militates against
the rule on conflict of interest because the lawyer-client-relationship is deeply rooted
on trust and confidence.
“The rule prohibiting conflict of interest was fashioned to prevent situations wherein a
lawyer would be representing a client whose interest is directly adverse to any of his
present of former clients. In the same way, a lawyer may only be allowed to represent a
client involving the same or a substantially related matter that is materially adverse to the
former client only if the former client consents to it after consultation. The rule is
grounded in the fiduciary obligation of loyalty. Xxx. Evidently, there is no question that
respondent took an inconsistent position when he filed Civil Case No. 6185-R against
complainant whom he has defended and protected as client in the past. Even if the
inconsistency is remote or merely probable or even if he has acted in good faith and with
no intention to represent conflicting interests, it is still in violation of the rule of conflict
of interest.”

Negligence of a lawyer binds the client: exceptions

National Tobacco Administration v. Castillo (G.R. No. 154124 August 4, 2010) J.

Bersamin: The lawyer is only expected to exercise ordinary diligence.
“A client is generally bound by the mistakes of his lawyer; otherwise, there would never
be an end to litigation as long as a new counsel could be employed, and who could then
allege and show that the preceding counsel had not been sufficiently diligent or
experienced or learned. The legal profession demands of a lawyer that degree of
vigilance and attention expected of a good father of a family; such lawyer should adopt
the norm of practice expected of men of good intentions. Moreover, a lawyer owes it to
himself and to his clients to adopt an efficient and orderly system of keeping track of the
developments in his cases, ad should be knowledgeable of the remedies appropriate to his
cases.”

Sofio v. Valenzuela (666 SCRA 55 February 15, 2012) J. Bersamin: The counsel’s
negligence binds the client but the Court may lift this rule in the interest of justice.
“The gross negligence of counsel alone would not even warrant a deviation from the
principle of finality of judgment, for the client must have to show that such negligence
resulted in the denial of due process to the client. When the counsel’s mistake is so great
and so serious that the client is prejudiced and is denied his day in court, or when the
counsel is guilty of gross negligence resulting in the client’s deprivation of his property
without due process of law, the client is not concluded by his counsel’s mistakes and
the case can be reopened in order to give the client another chance to present his case.
As such, the test herein is whether their former counsel’s negligence deprived the
petitioners of due process of law.”

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Mortel v. Kerr (685 SCRA 1 November 12, 2012) J. Bersamin: A lawyer’s negligence
will not bind the client if the client’s substantial rights are grossly impaired.
“The Court ruled that Mortel was not bound by counsel’s negligence. A client is bound
by his counsel’s conduct, negligence and mistake in handling a case. To allow a client to
disown his counsel’s conduct would render proceedings indefinite, tentative, and subject
to reopening by the mere subterfuge of replacing counsel. But the rule admits
exceptions, the Court held the client not concluded by the negligence, incompetence or
mistake of the counsel when the incompetence, ignorance or inexperience of counsel is
so great and the result is so serious that the client, who otherwise has a good cause, is
prejudiced and denied his day in Court, the client deserves another chance to present
his case; hence the litigation may be reopened for that purpose.

Part III: Practical Exercises

1. Prepare a Verification and Certification of Non-Forum Shopping

Verification and Certification of Non-Forum Shopping

I, _Juan dela Cruz, of legal age, do hereby state that:

I am the Petitioner of the above-captioned Complaint for Unlawful Detainer and in
such capacity, I have caused this Complaint to be prepared;
I have read its contents and affirm that they are true and correct to the best of my
own personal knowledge;
I hereby certify that there is no other case commenced or pending before any court
involving the same parties and the same issue and that, should I learn of such a case,
I shall notify the court within five (5) days from my notice.

IN WITNESS WHEREOF, I have signed this instrument on 25 November 2017, at

Taguig, MetroManila.

Juan dela Cruz

Petitioner

2. Prepare an Affidavit of Service (5 points)

Affidavit of Service

I, Crisanto Santos, Filipino, married, of legal age, liaison officer of

ABAKADA LAW OFFICES with office address at 2325 EDSA, Quezon City
after having been duly sworn to in accordance with law, hereby depose and
state, that:
On November 23, 2017, I served copies of the Complaint for Unlawful
Detainer in the case entitled, Juan de la Cruz vs. Isabel Reyes et al. docketed

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 as _____________ with this Honorable Court and the defendants of said
complaint in accordance with Sections 5 and 7, Rule 13 of the 1997 Rules of
Civil Procedure, by depositing their copies in the post office at the Philippine
Postal Central Post Office in Diliman, Quezon City, as evidenced by registry
receipts attached to the Complaint for Unlawful Detainer itself and indicated
after the name(s) of the addressee(s), and with instructions to the postmaster
to return the mail to sender after ten (10) days if undelivered.
Addressee(s) Registry Receipt No(s)
______________ _______________
______________ _______________
______________
_______________

Crisanto Reyes (SGD)

Affiant

SUBSCRIBED AND SWORN TO before me in Quezon City on this 23rd day

of November 2017, affiant exhibiting before me his [Valid Identification
Document] No. issued by [official agency] _______________ on
__________________ at ___________________.

Name and Signature of Notary Public

Until December 31, 2017
PTR No. ________
Issued at ________
on _____________
Roll No.
IBP OR No., date and place of issue
MCLE Certificate of Compliance or Certificate
of Exemption No., date of issue

Doc. No.
Page No.
Book No.
Series of 2017

Part IV: Hypothetical Cases related to Members of Congress

Q1. Can a Senator be subject of disciplinary powers of the S.C. during his term of
office?
Answer: Yes. Section 5(5) of Article VIII of the Constitution gives the Supreme Court
the sole authority to discipline the members of the bar. Disbarment proceedings are sui
generis and the Court, may its discretion, proceed with the investigation. The
proceedings are strictly confidential in nature so the member of Congress can still

42 | P a g e
attend to his congressional duties without fear that the proceedings will be discussed in
public
Q.2. Can a member of Congress be held liable for libel for utterances made during a
press conference?
Answer. Yes. A member of Congress cannot invoke parliamentary immunity for
utterances made outside the plenary hall of Congress. He will be held accountable under
the relevant provisions of the Revised Penal Code.
Q.3. Can a member of Congress be a subject of an order of suspension issued by the
Sandiganbayan for work done while he was a Mayor?
Answer: Yes. A member can be a subject of an order of suspension for work done as a
Mayor. The order of suspension is not a penalty but is issued to protect the integrity of
the evidence against him.
Q.4. Can a member of Congress refuse service of sentence by final conviction for the
crime of rape on the defense that the constituents who voted for him are denied
representation?
Answer: No. A member of Congress convicted of the crime of rape, a crime which is
penalized by more than 6 years of imprisonment, must serve his sentence as soon as his
conviction becomes final and executory.

Part V: Additional Pointers

A. Review the requirements for admission to the bar.(Sec. 2, Rule 138)

B. Review the requirements for reinstatement to the bar.(See Bernardo v. Mejia, 531
SCRA 639 and 2003 Bar Examinations and Reinstatement of Danilo de Guzman, 586
SCRA 372)
C. Review the grounds for disbarment. (Sec. 27, Rule 138)
D. Practice in Foreign Jurisdiction(See Velez v. de Vera 496 SCRA 372)

Public Officials not allowed to Practice Law

 President, Vice President, Members of the Cabinet, their Deputies and Assistants
 Senators and Congressmen
 Members of the judiciary and lawyer employees of the judiciary
 Members of the CSC, COMELEC, COA, CHR
 Ombudsman and his Deputies
 Governors and Mayors
 OSG lawyers/OGCC lawyers
 Government Prosecutors
 Those prohibited from practice by special laws.

Mandatory Continuing Legal Education Purposes:

1. Ensure lawyers are updated with laws and jurisprudence.
2. Maintain ethical behavior of the members of the legal profession.
3. Enhance standards of legal practice.
Compliance: completion of 36 unit course every three (3) years.
Exceptions:

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By provisions of the Constitution since they cannot practice law their term of office:
President; Vice President; Secretaries, Undersecretaries and Assistant Secretaries;
Members of CSC, COA and COMELEC; Senators and Congressmen
By provision of the Local Government Code: Governors and Mayors
Others: Incumbent and retired members of the judiciary; Ombudsman and Special
Prosecutor; Prosecutor General and Chief State Counsel
Persons exempted from MCLE by Nature of their Work
 Solicitor General and Assistant Solicitors
 Government Corporate Counsel, Deputy and Assistant Government Corporate
Counsel
 Heads of government agencies exercising quasi-judicial functions
 Incumbent and retired members of the JBC
 Chancellor, Vice Chancellor and members of the Corps of Professors and
incumbent court lawyers covered by the Philippine Judicial Academy
 Incumbent deans, bar reviewers and professors of law who have teaching
experience for at least 10 years; or who have written books in their fields of
expertise
 Those who have retired from law practice with approval of the IBP Board of
Governors
 Those who render legal services in international organizations
Notarial Practice
A.M. 02-8-13 SC effective Aug.1,2004
A. Purposes of Notarial Rules(serve public interest, foster ethical standards and
simplify rules)
B. Notarial Commission(Qualifications, Petition, Jurisdiction – Powers and
Limitations -, Validity, Registry and Report, Renewal)
C. Jurat distinguished from Acknowledgment
D. Competent evidence of identity

Lawyers as Members of the Bench

 Citizenship requirement for members of SC and collegial courts (Sec. 7(1),
Art.VIII): natural born Filipinos

 SC member: at least 40 years old, must have been a judge of a lower court or
engaged in the practice of law for at least 15 years

 Lower courts: Filipino citizen, member of the Philippine bar and engaged in the
practice of law for at least 10 years for RTC and 5 years for at least 5 years for
first level court.

 Common requirements: a person of COMPETENCE, INTEGRITY, PROBITY

and INDEPENDENCE
 Term of Office/ Discipline of Members/Removal from Office(see grounds for
impeachment and procedure for members of SC)

 Period of deciding cases:

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 S.C.: 24 months except for cases under Section18 of Article VII where the Court
must decide within 30 days to decide on the factual basis of the declaration of
Martial Law and the suspension of the writ of habeas corpus or any extension
thereof.
Collegiate courts: 12 months
Lower trial courts: 3 months

The Judicial and Bar Council

 Composition:
Ex officio Members:
1. Chief Justice as Chairman,
2. the Secretary of Justice
3. a member of Congress (Chavez v. JBC)
Chairman of the Committee on Justice of the Senate and the House of
Representatives
Regular members who a term of four years
a representative each from:
1. the Association of retired SC justices
2. the IBP
3. the academe
4. the private sector

The Judicial and Bar Council

 Term of Office/Powers (Sec. 8, Art. VIII)
Rule-making powers to ensure review of qualifications of applicants/nominees
(Judge Villanueva v. JBC)
Right to due process in selection (Jardeleza v. C.J. Sereno and JBC)
 Manner of selection of justices and judges(publication of vacancies, personal
interviews, psychological tests, verification of records, etc)/ for SC vacancies 90
days from date of vacancy (De Castro v. JBC)/ for others 90 days from
submission of list from JBC (Sec. 9, Art. VIII)
 Clustering of Nominees by the Judicial and Bar Council for vacancies in the
Judiciary is not allowed since the power to appoint the members belongs solely to
the President. The Constitution only requires that the JBC provides a list of at
least nominees from where he can choose the nominee. (Aguinaldo v. Aquino)

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