UST LAW PRE-WEEK NOTES 2018
LEGAL ETHICS While the practice of law is not a right but a privilege,
PRACTICE OF LAW
Practice of law means any activity, in or out of court,
which requires the application of law, legal
procedure, knowledge, training, and experience
The following acts constitute practice of law:
a. Giving of advice or rendering any kind of
service that involves legal knowledge.
b. Appearance in court and conduct of cases in
court.
c. Preparation of pleadings and other papers
incident to actions as well as drawing of
deeds and instruments of conveyance.
d. Notarial acts
Essential criteria in determining whether a
person is engaged in the practice of law [CAHA]
1. Compensation – implies that one must have
presented himself to be in active practice and that
his professional services are available to the
public for compensation, as a source of livelihood
or in consideration of his said services.
2. Application of law, legal principle, practice or
procedure which calls for legal knowledge,
training and experience;
3. Habituality – implies customary or habitually
holding oneself out to the public as a lawyer.
Practice of law is more than an isolated
appearance for it consists in frequent or
customary action; and
4. Attorney-Client relationship - engaging in the
practice of law presupposes the existence of a
lawyer-client relationship. Ten (10) years of
practice of law includes work as a litigator, in-
house counsel, giving of legal advice, teaching of
law, and even foreign assignment which requires
the knowledge and application of the laws.
NOTE: A lawyer who is a detention prisoner is not
allowed to practice his profession as a necessary
consequence of his status as a detention prisoner.
(People v. Maceda, G.R. Nos. 89591-96, January 24,
2000).
Lawyers without Persons not lawyers
authority
Constitutes May be punished for
malpractice and contempt of court
violation of the
lawyer’s oath, for
which he may be
suspended or
disbarred
Nature of the Practice of Law
It is not a right granted to anyone who demands it but
a privilege to be extended or withheld in the exercise
of sound judicial discretion. It is a privilege accorded
only to those who measure up to certain rigid
standards of mental and moral fitness.
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
the Court will not unwarrantedly withhold this
privilege from individuals who have shown mental
fitness and moral fiber to withstand the rigors of the
profession (In Re: Petition to sign in the Roll of
Attorneys Michael Medado, B.M. No. 2540, September
24, 2013).
Law is a profession and not a trade
The legal profession is not a business. It is not a
money-making trade similar to that of a businessman
employing a strategy for the purpose of monetary
gain. It is a sacred profession imbued with public
interest whose primary objective is public service, as
it is an essential part in the administration of justice
and a profession in pursuit of which pecuniary
reward is considered merely incidental.
QUALIFICATIONS FOR ADMISSION TO THE BAR
Who may practice law
Any person heretofore duly admitted as a member of
the bar, or hereafter admitted as such in accordance
with the provisions of the rule, and who is in good
and regular standing, is entitled to practice law (Sec.
1, Rule 138, Rules of Court).
Requirements for admission to the Bar
Under Sections 2, and Bar Matter 1153 amending Sec.
5 and 6 of Rule 138, the applicant must be [C21-
GREN-BPOS]:
1. Citizen of the Philippines;
2. At least 21years of age;
3. Of Good moral character;
4. Resident of the Philippines;
5. Must produce before the SC satisfactory Evidence
of good moral character;
6. No charges against him, involving moral
turpitude, have been filed or are pending in any
court in the Philippines (Sec. 2, Rule 138, RRC)
7. Must have successfully completed all the
prescribed courses for the degree of Bachelor of
Laws or its equivalent degree, in a law school or
university officially recognized by the Philippine
Government or by the proper authority in the
foreign jurisdiction where the degree has been
granted;
8. Must Pass the bar examinations;
9. Take the lawyer’s Oath
10. Sign the Roll of Attorneys.
Passing the Bar examination is not sufficient for
admission of a person to the Philippine Bar. He still
has to take the oath of office and sign the
Attorney’s Roll as prerequisites to admission.
Requirements for a Filipino citizen who
graduated from a foreign law school to be
admitted to the Bar
He may be admitted to the bar only upon submission
to the Supreme Court certifications showing:
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 LEGAL AND JUDICIAL ETHICS
a. Completion of all courses leading to the degree
of Bachelor of Laws or its equivalent degree;
b. Recognition or accreditation of the law school
by the proper authority;
c. Completion of all fourth year subjects in the
Bachelor of Laws academic program in a law
school duly recognized by the
Philippine Government; and
d. Present proof of completing a separate
bachelor’s degree.
A Filipino citizen who completed and obtained his or
her degree in Bachelor of Laws or its equivalent in a
foreign law school must also present proof of
completion of a separate bachelor’s degree (Bar
Matter No. 1153, Re: Letter of Atty. Estelito P. Mendoza
Proposing Reforms in the Bar Examinations through
Amendments to Rule 138 of the Rules of Court, March 9,
2010).
The disclosure requirement is imposed to determine
whether there is satisfactory evidence of good moral
character of the applicant. By concealing the existence
of such cases, the applicant flunks the test of fitness
even if the cases are ultimately proven unwarranted
or insufficient to impugn or affect the good moral
character of the applicant (In Re: Disqualification of
Bar Examinee Haron S. Meling, B.M. No. 1154, June 8,
2004).
Q: Patrick and Richard are siblings. While Patrick
obtained a degree in Business Administration,
Richard never earned a college degree. During a
visit to his family, Richard told Patrick that he had
enrolled in a law school. Subsequently, their
mother informed Patrick that Richard passed the
Bar Examinations and that he used Patrick’s name
and college records to enroll at Law School.
Hence, the filing of an administrative case. Should
the name “Patrick A. Carnonan” be stricken off the
Roll of Attorneys and the name “Richard Caronan”
be barred from being admitted to the bar?
A: YES, Richard never completed his college degree.
Under Sec. 6, Rule 138 of the Rules of Court, no
applicant for admission to the Bar Examination shall
be admitted unless he had pursued and satisfactorily
completed a prelaw course. The Court does not
discount the possibility that respondent may later on
complete his college education and earn a law degree
under his real name. However, his false assumption of
his brother’s name, identity, and educational records
renders him unfit for admission to the bar. The
practice of law, after all, is not a natural, absolute or
constitutional right to be granted to everyone who
demands it. Rather, it is a privilege limited to citizens
of good moral character (Caronan v. Caronan, A.C. No.
11316, July 12, 2016).
CONTINUING REQUIREMENTS FOR THE
MEMBERSHIP IN THE BAR
Good moral character is a continuing requirement
The nature of the office of an attorney requires that a
lawyer shall be a person of good moral character.
Since this qualification is a condition precedent to a
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
license to enter upon the practice of law, the
maintenance thereof is equally essential during the
continuance of the practice and the exercise of the
privilege (Grande v. Atty. De Silva, A.C. No. 4838, July
29, 2003).
Well-settled is the rule that good moral character is
not only a condition precedent for admission to the
legal profession, but it must also remain intact in
order to maintain one’s good standing in that
exclusive and honored fraternity (Tapucar v. Tapucar,
A.C. No. 4148, July 30, 1998).
Q: Alleging that Atty. Frank had seduced her when
she was only 16 years old, and that she had given
birth to a baby girl as a result, Malen filed a
complaint for his disbarment seven years after
the birth of the child charging that he was a
grossly immoral person unworthy and unfit to
continue in the Legal Profession. In his comment,
Atty. Frank argued that the complaint for
disbarment should be dismissed because of
prescription. Explain whether or not Atty. Frank’s
argument is justified. (2017 Bar)
A: No, the argument of Atty. Frank is not justified. His
actions of seducing a minor cannot prescribe as it is a
well-settled is the rule that good moral character is
not only a condition precedent for admission to the
legal profession, but it must also remain intact in
order to maintain one’s good standing in that
exclusive and honored fraternity (Tapucar v. Tapucar,
A.C. No. 4148, July 30, 1998). This qualification is a
condition precedent to a license to enter upon the
practice of law, the maintenance thereof is equally
essential during the continuance of the practice and
the exercise of the privilege (Grande v. Atty. De Silva,
A.C. No. 4838, July 29, 2003)
Reacquisition of the privilege to practice law in the
Philippines under R.A. No. 9225 or the Citizenship
Retention and Reacquisition Act of 2003
Q: Dacanay practiced law until he migrated to
Canada to seek medical attention for his ailments.
He subsequently applied for Canadian citizenship
to avail of Canada’s free medical aid program. His
application was approved and he became a
Canadian citizen. Dacanay later on reacquired his
Philippine citizenship by virtue of R.A. 9225. Did
Dacanay lose his membership in the Philippine
bar when he gave up his Philippine citizenship?
Can he automatically practice law upon
reacquiring Filipino citizenship?
A: The Constitution provides that the practice of all
professions in the Philippines shall be limited to
Filipino citizens save in cases prescribed by law. Since
Filipino citizenship is a requirement for admission to
the bar, loss thereof terminates membership in the
Philippine bar and, consequently, the privilege to
engage in the practice of law. In other words, the loss
of Filipino citizenship ipso jure terminates the
privilege to practice law in the Philippines. The
practice of law is a privilege denied to foreigners.
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The exception is when Filipino citizenship is lost by
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 UST LAW PRE-WEEK NOTES 2018
reason of naturalization as a citizen of another
country but subsequently reacquired pursuant to R.A.
9225. This is because “all Philippine citizens who
become citizens of another country shall be deemed
not to have lost their Philippine citizenship under the
conditions of R.A. 9225.” Therefore, a Filipino lawyer
who becomes a citizen of another country is deemed
never to have lost his Philippine citizenship if he
reacquires it in accordance with R.A. 9225. Although
he is also deemed never to have terminated his
membership in the Philippine bar, no automatic right
to resume law practice accrues.
Before a lawyer who reacquires Filipino citizenship
pursuant to R.A. 9225 can resume his law practice, he
must first secure from the SC the authority to do so,
conditioned on:
1. The updating and payment in full of the annual
membership dues in the IBP;
2. The payment of professional tax;
3. The completion of at least 36 credit hours of
mandatory continuing legal education, this is
especially significant to refresh the
applicant/petitioner’s knowledge of Philippine
laws and update him of legal developments; and
4. The retaking of the lawyer’s oath which will not only
remind him of his duties and responsibilities as a
lawyer and as an officer of the Court, but also renew
his pledge to maintain allegiance to the Republic of
the Philippines (Petition for Leave to Resume Practice
of Law of Benjamin Dacanay, B.M. No. 1678, December
17, 2007).
APPEARANCE OF NON-LAWYERS
GR: Only those who are licensed to practice law can
appear and handle cases in court.
XPNs:
1. Law student practice;
2. Non-lawyers in court can appear for a party in
MTC; and
NOTE: Section 34, Rule 138 of the Revised Rules
of Court expressly allows pro se practice or the
right of a non-member of the bar to engage in
limited practice of law (Antiquiera, 1992).
3. Non-lawyers can represent parties in
administrative tribunals such as NLRC, DARAB,
and Cadastral Courts.
Law Student Practice Rule
The appearance of the law student authorized by this
rule shall be under the direct supervision and control
of a member of the Integrated Bar of the Philippines
duly accredited by the law school. Any and all
pleadings, motions, briefs, memoranda or other
papers to be filed, must be signed by the supervising
attorney for and in behalf of the legal clinic.
Non-Lawyers in Court
The following are the instances whereby non-lawyers
may appear in court:
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
1. Cases before the MTC: A party to the litigation,
may conduct his own case or litigation in person,
with the aid of an agent or friend appointed by
him for that purpose (Sec. 34, Rule 138, RRC);
2. Before any other court, a party may conduct his
litigation personally but if he gets someone to aid
him, that someone must be authorized member of
the Bar (Sec. 34, Rule 138, RRC);
3. Criminal case before the MTC in a locality where a
duly licensed member of the Bar is not available,
the judge may appoint a non- lawyer who is (a)
Resident of the province; and (b) of good repute
for probity and ability to aid the accused in his
defense (Sec. 7, Rule 116, RRC);
4. Any official or other person appointed or
designated to appear for the Government of the
Philippines in accordance with law (Sec. 33, Rule
138, RRC).
Proceedings where lawyers are prohibited from
appearing
1. Proceedings before the Small Claims Court, unless
the attorney is the plaintiff or defendant
2. Proceedings before the Katarungang
Pambarangay - During the pre-trial conference
under the Rules of Court, lawyers are prohibited
from appearing for the parties.
Sanctions for Practice of Appearance without
Authority
Remedies against practice of law without authority
[ICE-DA]
1. Petition for Injunction;
2. Contempt of court;
3. Criminal complaint for Estafa against a person
who falsely represented himself to be an attorney
to the damage of a party;
4. Disqualification and complaints for disbarment;
or
5. Administrative complaint against the erring
lawyer or government official.
The unauthorized practice of law by one assuming to
be an attorney or officer of the court, and acting as
such without authority, may constitute indirect
contempt of court.
Remedies against unauthorized practice of law by
persons who are not lawyers [ICE]
1. Petition for Injunction;
2. Contempt of court; or
3. Criminal complaint for Estafa against a person
who falsely represented himself to be an attorney
to the damage of a party.
Q: In a 2011 decision, Atty. Gumba was suspended
from the practice of Law for six months, effective
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immediately. Subsequently, Judge Armea of MTC
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 LEGAL AND JUDICIAL ETHICS

Naga wrote a letter inquiring from the Office of the
Court Administrator (OCA) whether Atty. Gumba
could continue representing her clients and appear
in courts. She also asked the OCA if the decision
relating to Atty. Gumba’s suspension which was
downloaded from the internet, constitutes sufficient
notice to disqualify her to appear in courts for the
period of her suspension. Judge Armea’s inquire
arose because Atty. Gumba represented a party in a
case pending in her court. Respondent denied that
she was suspended to practice law since she had not
yet received a copy of the Court’s resolution on that
matter. She insisted that service of any pleading or
judgment cannot be made through the internet. Is
Atty. Gumba is administratively liable for engaging
in the practice of law during the period of her
suspension and prior to an order of the Court lifting
such suspension.
A: YES. While, indeed, service of a judgment or
resolution must be done only personally or by
registered mail, and that mere showing of a downloaded
copy of the October 5, 2011 Resolution to Atty. Gumba is
not a valid service, the fact, however, that Atty. Gumba
was duly informed of her suspension remains
unrebutted. When the Court orders the suspension of a
lawyer from the practice of law, the lawyer must desist
from performing all functions which require the
application of legal knowledge within the period of his
or her suspension. In fine, it will amount to
unauthorized practice and a violation of a lawful order
of the Court if a suspended lawyer engages in the
practice of law during the pendency of his or her
suspension (Tan v. Atty. Gumba, A.C. No. 9000, Jan 10,
2018)(J.DEL CASTILLO CASE).
Before the MTC, a party may appear without his own
counsel whether or not for a civil or criminal case. In
RTC and appellate courts, a party in a civil suit may
conduct his litigation either personally or by attorney.
With respect to criminal proceedings in said
tribunals, right to counsel of an accused is absolute or
immutable.
LAWYER’S OATH
I, _____(name)______________, of ____(permanent
address)_____________, do solemnly swear that I will
maintain allegiance to the Republic of the Philippines,
I will support the 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, or 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 these voluntary obligations
without any mental reservation or purpose of
evasion.
So help me God.
DUTIES AND RESPONSIBILITIES
OF A LAWYER

Public Officials and Practice of Law True or False, the duty of a lawyer to his client is
more paramount that his duty to the Court. (2009
Prohibited 1. President Bar)
from practicing 2. Department Secretaries
3. Judges and Justices False, a lawyer’s paramount duty is to the Court. This
4. Prosecutors is because he is an officer of the court.
5. Solicitor General and
Members of the OSG TO SOCIETY
6. Members of Constitutional
Commissions Canon 1
7. Governors Uphold the Constitution, obey the laws of the land and
8. Mayors promote respect for law and legal processes
Allowed to 1. Senators
practice but 2. members of the House of Two-fold duty under Canon 1
subject to Representatives,
3. Vice-Governors 1. Obey the laws and the legal processes
restrictions 2. Inspire others to maintain respect and obedience
4. Vice Mayors
5. Members of the thereto.
Sanggunians
Approval of Civil Service employees Rule 1.01 A lawyer shall not engage in unlawful,
department dishonest, immoral and deceitful conduct
head required
“Unlawful” conduct does not necessarily imply the
element of criminality although the concept is broad
May a party appear as his own counsel in a enough to include such element. It is transgression of
criminal or in a civil case? Explain. (2009 Bar) any provision of law, which need not be a penal law.
To be “dishonest” means the disposition to lie, cheat,
A party may appear as his own counsel in a civil case. deceive, defraud or betray; be untrustworthy; lacking
However, in criminal cases involving grave and less in integrity, honesty, probity, integrity in principle,
grave offenses, he must always appear through fairness and straightforwardness. “Deceitful”
counsel. conduct means having the proclivity for fraudulent
and deceptive misrepresentation, artifice or device
that is used upon another who is ignorant of the true
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facts, to the prejudice and damage of the party
imposed upon. “Immoral” conduct is that which is
willful, flagrant, or shameless and which shows a
moral indifference to the opinion of the good and
respectable members of the community. (Arciga v.
Maniwang, A.M. No. 1608, August 14, 1981)
Grossly immoral conduct is one that is so corrupt
and false as to constitute a criminal act or so
unprincipled or disgraceful as to be reprehensible to
a high degree.
NOTE: The act of a lawyer marrying someone while
he still has a subsisting marriage constitutes grossly
immoral conduct (Cojuanco, Jr. v. Palma, A.C. No. 2474,
June 30, 2005).
A lawyer may not be disciplined for failure to pay his
loan obligation, but unwarranted obstinacy in
evading the payment of the debt has been considered
as gross misconduct (Constantino v. Saludares, A.C.
2029, December 7, 1993).
He assured that he could enable the direct transfer
with the help of his contacts in the Office of the
Register of Deeds and other relevant agencies of the
Government, which meant that he would be bribing
some officials and employees of those offices. The
proposal of “direct registration was unquestionably
unlawful, immoral and deceitful all at once (Coronel v.
Atty. Cunanan, A.C. No. 6738, August 12, 2015).
Q: Atty. E. borrowed P250,000 from VH. To secure
such loan, she issued a check for P275,000 to
cover the loan and interest. On due date, the
check was dishonored. Atty. E refused to pay. Is
Atty. E administratively liable?
A: Yes. Lawyers must at all times faithfully perform
their duties to society, to the bar, to the courts and to
their clients. The fact that Atty. Espejo obtained the
loan and issued the worthless check in her personal
capacity and not an attorney is of no moment. A
lawyer may be disciplined not only for malpractice
and dishonesty in his profession but also for gross
misconduct outside of his professional capacity
(Heenan v. Espejo, A.C. No. 10050, December. 3, 2013).
Q: Atty. Hernando was charged with illicit and
immoral actions with Oliver’s wife. The 10 year
old daughter of Oliver signed an affidavit stating
that Atty. Hernando slept in the same bed with
her and her mother and she saw the respondent
embracing her mother. Atty. Hernando denied
any immoral relations and argued that he only
gave her shelter in her case for annulment of
marriage with Oliver. Did Atty. Hernando commit
acts that are grossly immoral which would
warrant disbarment?
A: No. Atty. Hernando, however, was suspended for
one month. The evidence presented is insufficient to
establish that Atty. Hernando had an immoral
relationship with the complainant’s wife but his acts
were, without doubt, condemnable. His claim that he
was inspired by nothing but the best of intentions in
inviting another married man’s wife and her daughter
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
to sleep with him in the same bed so that the three of
them could enjoy a good night’s rest, is untenable. A
modicum of decency should have impelled Atty.
Hernando to behave more discreetly and sensitively
(Fabugais v. Faundo Jr. A.C. No. 10145, June 11,
2018)(J.DEL CASTILLO CASE).
Impropriety of voluntary giving of advice
It is improper to voluntarily give legal advice when
the lawyer, in giving such, is motivated by a desire to
obtain personal benefit, secure personal publicity, or
cause legal action to be taken merely to harass or
injure another.
Barratry v. Ambulance Chasing
Barratry is an offense of frequently exciting and
stirring up quarrels and suits, either at law or
otherwise; lawyer’s act of fomenting suits among
individuals and offering his legal services to one of
them. Barratry is not a crime under the Philippine
laws. However, it is proscribed by the rules of legal
ethics.
Ambulance chasing is an act of chasing victims of
accidents for the purpose of talking to the said victims
(or relatives) and offering his legal services for the
filing of a case against the person(s) who caused the
accident(s). It has spawned a number of recognized
evils such as:
1. Fomenting of litigation with resulting burdens on
the courts and the public;
2. Subornation of perjury;
3. Mulcting of innocent persons by judgments, upon
manufactured causes of action; and
4. Defrauding of injured persons having proper
causes of action but ignorant of legal rights and
court procedures by means of contracts which
retain exorbitant percentages of recovery and
illegal charges for court costs and expenses and
by settlement made for quick returns of fees and
against just rights of the injured persons
(Hightower v. Detroit Edison Co. 247 NW 97,
1993).
Canon 2 and 3
Making his legal services available in an efficient and
convenient manner compatible with the independence,
integrity and effectiveness of the profession.
Making known his legal services shall use only true,
honest, fair, dignified and objective information or
statement of facts.
Rule 3.01 – A lawyer shall not use or permit the use of
any false, fraudulent, misleading, deceptive, unfignified,
self-laudatory or unfair statemtn or claim regarding
his qualificatioins or legal services.
Rule 3.02 - In the choice of a firm name, no false,
misleading or assumed name shall be used. The
continued use of the name of a deceased partner is
permissible provided that the firm indicates in all its
communications that said partner is deceased. (1994,
1996, 2001 Bar)
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 LEGAL AND JUDICIAL ETHICS
A lawyer is not authorized to use a name other than
the name inscribed in the Roll of Attorneys in his
practice of law (Pangan v. Atty. Ramos, A.M. No. 1053,
September 7, 1979).
NOTE: No name not belonging to any of the partners
or associates may be used in the firm name for any
purpose.
Q: Determine whether the following
advertisements by an attorney are ethical or
unethical. Write “Ethical” or “Unethical” as the
case may be, opposite each letter and explain.
A. A calling card, 2” x 2” in size, bearing his
name in bold print, office, residence and e-
mail addresses, telephone and facsimile
numbers.
B. A business card, 3” x 4” in size, indicating
the aforementioned data with his photo,
1” x 1” in size.
C. A pictorial press release in a broadsheet
newspaper made by the attorney showing
him being congratulated by the president
of a client corporation for winning a multi-
million damage suit against the company
in the Supreme Court.
D. The same press release made by his client
in a tabloid.
E. A small announcement in BALITA, a
tabloid in Filipino, that the attorney is
giving free legal advice for September
2002 (2002, 2017 BAR).
A:
A. ETHICAL – A lawyer, in making known his
legal services, shall use only true, honest, fair,
dignified and objective information or
statement of facts (CANON 3, CPR).
B. UNETHICAL – The size of the card and the
inclusion of the lawyer’s photo in it smacks of
commercialism.
C. UNETHICAL – A lawyer should not resort to
indirect advertisements such as procuring his
photograph to be published in a newspaper in
connection with a case he is handling. He
should not pay or give something of value to
the representatives of the mass media in
anticipation of, or return for, publicity to
attract legal business (Rule 3.04, CPR)
D. ETHICAL – The lawyer can no longer be held
responsible for the action of his client.
However, it would be unethical if he knew
about his client’s intention to publish and he
did not stop it.
E. UNETHICAL – The announcement in a
newspaper that he will give free legal advice
to the indigent, is a form of self-praise [In Re:
Tagorda, 53 Phil 37, (1929)]
Advertisement
An active quest for clients involving a public or non-
public communication. It includes, but is not limited
to, communication by means of telephone, television,
radio, motion picture, computer-accessed
communication, newspaper, sign, directory, listing or
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
through written communication (Rule 7.2(a), Model
Rules of Professional Conduct, American Bar
Association).
If engaged in another profession or occupation
concurrently with the practice of law, the lawyer shall
make clear to his client whether he is acting as a
lawyer or in another capacity.
For solicitation to be proper, it must be compatible
with the dignity of the legal profession. If made in a
modest and decorous manner, it would bring no
injury to the lawyer or to the bar.
Rationale for the Prohibition of Advertisements
1. The profession is primarily for public service;
2. Commercializes the profession;
3. Involves self-praise and puffing;
4. Damages public confidence; and
5. May increase lawsuits and result in needless
litigation.
Examples of Advertisements considered as
deceptive
1. Misstatements of fact;
2. Suggestions that the ingenuity or prior record of a
lawyer rather than the justice of the claim are the
principal factors likely to determine the result;
3. Inclusion of information irrelevant on selecting a
lawyer; or
4. Representations concerning the quality of service,
which cannot be measured or verified.
Canon 4 and 5
Participate in the development of the legal system by
initiating or supporting efforts in law reform and
improvement in the administration of justice.
Keep abreast of legal developments, participate in
continuing legal education programs, support efforts to
achieve high standards in law schools as well as in the
practical training of law students and assist in
disseminating information regarding the law and
jurisprudence.
Canon 6
Canons shall apply to lawyers in government service in
the discharge of their official tasks
Q: Atty. Advincula manifested in his compliance
that he had immediately accepted the resolution
of the IBP Board of Governors suspending him for
two months and that he had then gone ON LEAVE
from work in the NBI for two months starting in
November until the end of December 2012, and
that such leave from work involved refraining
from performing his duties as a Legal Officer of
the NBI. Will a leave of absence suffice?
A: NO. His supposed compliance with the
recommended two-month suspension could not be
satisfied by going on leave from his work at the NBI.
His being a government employee necessitates that
his suspension from practice of law should include his
suspension from office. A leave of absence will NOT
suffice. This is so considering that his position
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mandated him to be a member of the Philippine Bar
in good standing. If the rule is different, this exercise
of reprobation of an erring lawyer by the Court is
rendered inutile and becomes a mockery because he
can continue to receive his salaries and other benefits
by simply going on leave for the duration of his
suspension from the practice of law (Advincula v. Atty.
Advincula, A.C. No. 9226, June 14, 2016),
Circumstances when a former government lawyer
may be prohibited from accepting legal
engagement
1. A lawyer shall not after leaving the government
service accept engagement or employment in
connection with any matter in which he had
intervened while in said service;
2. Retired members of the judiciary receiving
pensions from the government should not
practice law where the government is the adverse
party or in a criminal case involving a
government employee in the performance of his
duties as such.
Rule 6.01 – The primary duty of a lawyer engaged in
public prosecution is not to convict but to see that
justice is done. The suppression of facts or the
concealment of witnesses capable of establishing the
innocence of the accused is highly reprehensible and is
cause for disciplinary action.
Q: Provincial Prosecutor Bonifacio refused to
represent the Municipality of San Vicente in a case
for collection of taxes. He explained that he
cannot handle the case with sincerity and
industry because he does not believe in the
position taken by the municipality. Can
Prosecutor Bonifacio be administratively
sanctioned?
A: Yes, he can be sanctioned administratively. Unlike
a practicing lawyer who has the right to decline
employment, a government lawyer like a provincial
prosecutor cannot refuse the performance of his
duties on the grounds not provided for by law
without violating his oath of office.
Q: While Atty. Z was still the Presiding Judge of
MTCC, a civil complaint was filed by Ronald
Rupinta, who was represented by Atty. P and
heard by Atty. Z as Presiding Judge of MTCC. When
the case was already scheduled for trial on the
merits, Atty. Z suspended the scheduled hearing
and the case hibernated and Atty. Z was
appointed as RTC Judge of Branch 35, Ozamis City.
Sometime on 23 March 2006, the newly appointed
Presiding Judge of MTCC 10th Judicial Region,
Tangub City, Judge Rodolfo L. Vapor, issued an
Order informing the parties on the aforesaid case
whether they were amenable for him to render
judgment on the case of which they agreed.
However, Atty. P was surprised when he received
a Manifestation from the defendants that they are
now represented by Atty. Z, the former judge who
once presided over the aforesaid case. Is Atty. Z
guilty of violating Canon 6 of the CPR?
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
A: Yes. The respondent, in his capacity as the judge of
the MTCC of Tangub City, presided over the case
before eventually inhibiting himself from further
proceedings. His act of presiding constituted
intervention within the meaning of the rule whose
text does not mention the degree or length of the
intervention in the particular case or matter.
The respondent could not accept work or
employment from anyone that would involve or
relate to any matter in which he had intervened as a
judge except on behalf of the body or authority that
he served during his public employment. The
restriction as applied to him lasted beyond his tenure
in relation to the matters in which he had intervened
as judge. Accordingly, the fact that he was already
retired from the Bench, or that he was already in the
private practice of law when he was engaged for the
case was inconsequential. Although the respondent
removed himself from the cases once his neutrality
and impartiality were challenged, he ultimately did
not stay away from the cases following his retirement
from the Bench, and acted thereon as a lawyer for and
in behalf of the defendants (Atty. Pasok v. Atty.
Zapatos, A.C. 7388, October 19, 2016).
NOTE: IBP has no jurisdiction over government
lawyers who are charged with administrative
offenses involving their duties (Alicias Jr. v. Atty.
Macatangay et. Al., A.C. No. 7478, January 11, 2017).
TO THE LEGAL PROFESSION
Canon 7
Uphold the integrity and dignity of the legal profession
and support the activities of the integrated bar
Membership and Dues in IBP
Membership dues are not prohibited by the
Constitution. The fee is imposed as a regulatory
measure, designed to raise funds for carrying out the
purposes and objectives of the integration
A lawyer does not automatically become a member of
the IBP chapter where he resides or works after
becoming a full-fledged member of the Bar. He has
the discretion to choose the IBP Chapter he wants to
join (Garcia v. De Vera, A.C. 6052, December 11, 2003).
A lawyer’s persistent refusal to pay her obligation
despite frequent demands clearly reflects her lack of
integrity and moral soundness. She took advantage of
her knowledge of the law and clearly resorted to
threats and intimidation to get with what she wanted.
There is no question that a lawyer could be
disciplined not only for a malpractice in his
profession but also for any misconduct committed
outside her professional capacity. Being a lawyer
demands that she conduct herself as a person of the
highest moral and professional integrity probity in
her dealings with others (Yap vs. Atty. Buri, A.C. No.
11156, March 19, 2018).
Q: Atty. Gelly passed the Bar in 1975. After taking
his oath, he did not enlist in any IBP chapter
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because he went to the USA to pursue a Master’s
Degree. Eventually, he passed the state bar and
specialized in Immigration Law. In 2005, he
returned to the Philippines and was hired by a
law firm. He wishes to pay his IBP dues for the
current year but the IBP is charging him from
1975 up to the present and threatening him with
expulsion if he does not comply. Is the IBP
correct? (2012 Bar)
A: Yes. Atty. Gelly should pay the dues from 1975 to
the present since membership in the IBP is
compulsory.
Q: Can a lawyer still practice his profession
despite having arrears in his IBP dues? (2014
Bar)
A: No. Default in the payment of annual dues for six
months shall warrant suspension of membership in
the Integrated Bar and default in such payment for
one year shall be a ground for the removal of the
name of the delinquent member from the Roll of
Attorneys. Membership and financial support of every
attorney is a condition sine qua non to the practice of
law and the retention of his name in the Roll of
Attorneys.
Q: Can a lawyer terminate his membership in IBP?
A: Yes. A member may terminate his membership by
filing a written notice to that effect with the Secretary
of the Integrated Bar, who shall immediately bring
the matter to the attention of the Supreme Court.
Forthwith he shall cease to be a member and his
name shall be stricken by the Court from the Roll of
Attorneys.
NOTE: In a resolution dated 31 January 2017, the
Supreme Court granted the Petition for Voluntary
Delisting in the Roll of Attorneys of Dionisio Canete.
In his petition, Canete invoked “unspeakable
injustices” he suffered while practicing law for 56
years as ground for the revocation of his privilege to
practice said profession.
7.03 - A lawyer shall not engage in a conduct that
adversely reflects on his fitness to practice law, nor
shall he, whether in public or private life, behave in a
scandalous manner to the discredit of the legal
profession (Bar 2004, 2005, 2009, 2010)
Q: Atty. Perenia got married in 2005. Then he met
another woman, Helen. They fell in love and
started living together. Atty. Perenia would even
bring Helen along to social functions and
introduce her as his second wife. Is such act
unethical?
A: YES, it violates Rule 7.03 of CPR. The fact that he
shamelessly flaunts his mistress constitutes an act
which embarrasses and discredits the law profession
since it is his duty and obligation to uphold the
dignity and integrity of the profession. The actuation
of Atty. Perenia is contrary to good morals.
NOTE: While it has been held in disbarment cases
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
that the mere fact of sexual relations between two
unmarried adults is not sufficient to warrant
administrative sanction for such illicit behavior, it is
not so with respect to betrayals of the marital vow of
fidelity. Even if not all forms of extra-marital relations
are punishable under penal law, sexual relations
outside marriage is considered disgraceful and
immoral as it manifests deliberate disregard of the
sanctity of marriage and the marital vows protected
by the Constitution and affirmed by our laws (Vitug v.
Roncal, A.C. No. 6313, September 7, 2006).
Immoral conduct is so 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. Atty. Catindig knew that the divorce decree
he obtained from the Dominican Republic was not
recognized in our jurisdiction as he and Gomez were
both Filipino Citizens at that time. It has also not
escaped the attention of the Court that Atty. Catindig
married Dr. Perez in the USA. His subsequent
marriage during the subsistence of his previous one
definitely manifests a deliberate disregard of the
sanctity of marriage and marital vows protected by
the Constitution (Perez v. Atty. Catindig, A.C. No. 5816,
March 10, 2015).
NOTE: A member of the bar and an officer of the
court is not only required to refrain from adulterous
relationships or keeping a mistress but must also
behave himself as to avoid scandalizing the public by
creating the impression that he is flouting those
moral standards. A lawyer may be suspended or
disbarred for any misconduct which, albeit unrelated
to the actual practice of his profession, would show
him to be unfit for the office and unworthy of the
privileges with which his license and the law invest
him. The moral delinquency that affects the fitness off
a member of the bar to continue as such includes
conduct that outrages the generally accepted moral
standards of the community, conduct for instance,
which makes a mockery of the inviolable social
institution of marriage (Eccraela v. Pangalanan, A.CC.
No. 10676, September 8, 2015).
Q: Guevarra wrote a series of posts on his
Facebook account, referring to Belo as a quack
doctor, that she bribes lawyers in the Department
of Justice and that plastic surgery procedures
were done by doctors without license and
training, alleging such practice nearly killed his
client. Belo asserted that the said posts written in
vulgar and obscene language were designed to
inspire public hatred, destroy her reputation and
to close all its clinics as well as to extort the
amount to P 200M from her as evident from his
demand letter. Guevarra claimed that the
complaint was filed in violation of his
constitutionally-guaranteed right to privacy, that
he wrote the posts in the exercise of his freedom
of speech. Is Guevarra administratively liable?
A: YES. By posting the subject remarks on Facebook
directed at Belo, Guevarra disregarded the fact that,
as a lawyer, he is bound to observe proper decorum
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at all times, be it in his public or private life. He
overlooked the fact that he must behave in a manner
befitting an officer of the court, that is, respectful, firm
and decent. Instead, he acted inappropriately and
rudely; he used words unbecoming of an officer of the
law, and conducted himself in an aggressive way by
hurling insults and maligning Belo’s reputation. He
also failed to offer evidence that he utilized any of the
privacy tools or features of Facebook available to him
to protect his posts or that he restricted his privacy to
select few (Belo-Henares v. Atty. Guevarra, A.C. No.
11394, December 1, 2016).
Canon 8
A lawyer shall conduct himself with courtesy, fairness
and candor towards his professional colleagues, and
shall avoid harassing tactics against opposing counsel.
8.02 - A lawyer shall not, directly or indirectly,
encroach upon the professional employment of another
lawyer; however, it is the right of any lawyer, without
fear or favor, to give proper advice and assistance to
those seeking relief against unfaithful or neglectful
counsel. (Bar 1995, 1997, 2001, 2006)
A person without a retained lawyer is a legitimate
prospective client for any lawyer whom he
approaches for legal services. But, as soon as he had
retained one and had not dismissed the retained
counsel, efforts on the part of another lawyer to take
him as a client constitutes an act of encroaching upon
the employment of another lawyer.
A lawyer should not in any way communicate upon
the subject of controversy with a party represented
by counsel much less should he undertake to
negotiate or compromise the matter with him, but
should deal with his counsel. Any act which is aimed
to ease out a previous lawyer with the intention to
grab the case is highly unethical and should be
avoided (Antiquiera, 1992).
Exceptions
1. A lawyer may properly interview any witness or
prospective witness for the opposing side in any
civil or criminal action without the consent of
opposing counsel or party.
2. Any person who seeks relief against an unfaithful
or neglectful lawyer may approach another
lawyer for proper advice and assistance. Any
advice or assistance extended after proper
verification is not encroaching upon the business
of another lawyer for such act is justified under
the circumstances.
Q: Atty. Manuel is counsel for the defendant in a
civil case pending before the RTC. After receiving
the plaintiff's Pre-Trial Brief containing the list of
witnesses, Atty. Manuel interviewed some of the
witnesses for the plaintiff without the consent of
plaintiff's counsel. Did Atty. Manuel violate any
ethical standard for lawyers? Explain. (2009 Bar)
A: No, because Canon 39 of the Canons of Professional
Ethics provides that “a lawyer may interview any
witness or prospective witness from the opposing
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
side in any civil or criminal action without the
consent of opposing counsel or party.” This is because
a witness is supposed to be a neutral person whose
role is to tell the truth when called upon to testify.
Q: Will your answer be the same if it was the
plaintiff who was interviewed by Atty. Manuel
without the consent of plaintiff's counsel? Explain.
(2009 Bar)
A: My answer will not be the same. Canon 8 of the
Canons of Professional Ethics provides that “a lawyer
should not in any way communicate upon a subject of
controversy with a party represented by counsel,
much less should he undertake to negotiate or
compromise the matter with him, but should deal
only with his counsel.” If he communicates with the
adverse party directly, he will be encroaching into the
employment of the adverse party's lawyer.
Canon 9
Lawyer shall not, directly or indirectly, assist in the
unauthorized practice of law
Q: Will a lawyer violate the Code of Professional
Responsibility if he forms a partnership with
professionals of other disciplines like doctors,
engineers, architects or accountants? Explain
your answer. (2014 Bar)
A: Yes. Under Canon 9, unauthorized practice of law is
committed when a person who is not a lawyer
performs acts which are exclusive to members of the
bar. A general professional partnership with a non-
lawyer is VOID. In the formation of partnership for
the practice of law, no person should be admitted or
held out as a practitioner or member who is not a
member of the legal profession duly authorized to
practice.
TO THE COURTS
Canon 10
A lawyer owes candor, fairness and good faith to the
court.
NOTE: All lawyers are bound to uphold the dignity
and authority of the courts and to promote
confidence in the fair administration of justice. It is
the respect for the courts that guarantees the stability
of the judicial institution; elsewise, the institution
would be resting on a very shaky foundation (Judge
Madrid v. Atty. Dealca, A.C. No 7474, September 9,
2014).
Q: AC, represented by Atty. IA lost a case for
recovery of land before the RTC. The appeal was
dismissed by the CA for non-filing of the
appellant’s brief within the reglementary period.
AC got wind of the dismissal only when his wife
verified the status of the case. Atty. IA promised to
seek reconsideration, which the CA later denied
for belated filing of the motion. Atty. IA argued
that he only received the CA resolution 2 months
after it was issued and that the person who
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received the same in his office was unauthorized.
Is he administratively liable?
A: Yes, Atty. IA tried to mislead the appellate court
about the receipt of a copy of its February 10, 1997
Resolution dismissing the appeal. He denied
personally receiving such copy, but the CA found and
declared that he himself received said copy. The CA
arrived at this conclusion thru the process of
comparing Atty. IA’s signature appearing in the
pleadings with that in the registry return card. Both
signatures belong to one and the same person.
Needless to stress, Atty. IA had under the premises
indulged in deliberate falsehood, contrary to the self-
explanatory prescriptions of Canon 1, Rule 1.01 and
Canon 10, Rule 10.01 (Conlu v. Atty. Aredonia, Jr., A.C.
No. 4955, September 12, 2011).
Instances when lawyers can be disciplined based
on the pleadings he filed
When a counsel deliberately:
1. Files an unsigned pleading in violation of the
rules;
2. Alleges scandalous matters therein;
3. Fails to promptly report to the court a change of
his address (Sec. 3, Rule 7, RRC).
NOTE: Given his years of experience in the legal
profession, respondent should be aware that “a
lawyer is first and foremost an officer of the court.
Thus, while he owes his entire devotion to the
interest and causes of his client, he must endure that
he acts within the bounds of reason and common
sense, always aware that he is an instrument of truth
and justice (Davao Import Distributor Inc. v. Atty.
Landero, A.C. No. 5116, April 15, 2015)(J. DEL
CASTILLO CASE).
Canon 11
Lawyer shall observe and maintain the respect due to
the courts and to judicial officers and should insist on
similar conduct by others. (BAR 1993, 1996, 1997,
2006, 2010)
All lawyers are expected to recognize the authority of
the Supreme Court and obey its lawful processes and
orders. Despite errors which one may impute on the
orders of the Court, these must be respected,
especially by the bar or the lawyers who are
themselves officers of the courts. However, the fact
that a person is a lawyer does not deprive him of the
right, as enjoyed by every citizen, to comment on and
criticize the actuations of a judge but it is the cardinal
condition of all criticisms that it shall be bona fide,
and shall not spill over the walls of decency and
propriety.
The respect is not only toward the Justices and Judges
but also to other officers of the Courts like Clerks of
Courts, Sheriffs and other Judicial Officers who take
part in the judicial work.
Q: An administrative complaint was filed against
Sen. Miriam Defensor-Santiago, a lawyer, for a
speech she delivered on the Senate floor which
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
allegedly reflected disrespect towards then Chief
Justice Artemio Panganiban and the other
members of the Court: “I spit on the face of Chief
Justice Artemio Panganiban and his cohorts in the
Supreme Court, I am no longer interested in the
position [of Chief Justice] if I was to be
surrounded by idiots. I would rather be in
another environment but not in the Supreme
Court of idiots.” Was there a violation of the Code
of Professional Responsibility?
A: Yes. To the Court, the lady senator has undoubtedly
crossed the limits of decency and good professional
conduct. It is at once apparent that her statements in
question were intemperate and highly improper in
substance. No lawyer who has taken an oath to
maintain the respect due to the courts should be
allowed to erode the people’s faith in the judiciary. In
this case, the lady senator clearly violated Canon 8,
Rule 8.01 and Canon 11 of the Code of Professional
Responsibility.
While the factual and legal circumstances of this case
prevents the Court from imposing some form of
disciplinary action against her, We, however, would
be remiss in our duty if we let the Senators offensive
and disrespectful language that definitely tended to
denigrate the institution pass by. (Pobre v. Defensor-
Santiago, A.C. No. 7399, August 25, 2009).
Q: Atty. Flores represented the defendant in a civil
case for damages before the sala of Judge
Manahan. He then filed his Pre-Trial Brief but
without proof of MCLE compliance hence it was
expunged from the records without prejudice to
the filing of another Pre-Trial Brief containing the
required MCLE compliance. The court had given
him several opportunities to submit proof of
MCLE Compliance; however, Atty. Flores failed to
submit the same. In its stead, Atty. Flores filed a
Letter imputing that Judge Manahan was biased
towards the plaintiff. Judge Manahan then filed an
administrative complaint against Atty. Flores. Will
the case prosper?
A: YES, it will prosper. There is no doubt that Atty.
Flores failed to obey the trial court’s order to submit
proof of his MCLE compliance notwithstanding the
several opportunities given him. Court orders are to
be respected not because the judges who issue them
should be respected, but because of the respect and
consideration that should be extended to the judicial
branch of the Government. Atty. Flores also employed
intemperate language in his pleadings. This violates
Rule 11.03, Canon 11 CPR enjoining all attorneys to
abstain from scandalous, offensive or menacing
language or behavior before the Courts. Although, a
lawyer is entitled to voice his criticism within the
context of the constitutional guarantee of freedom of
speech, still it must be exercised responsibly. The
lawyer's fidelity to his client must not be pursued at
the expense of truth and orderly administration of
justice (Hon. Rodriguez-Manahan v. Atty. Flores, A.C.
8954, Nov. 13, 2013)(J.DEL CASTILLO CASE).
What a lawyer can ordinarily say against a concluded
10
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decision therein may not generally be said to a
pending action. The court, in a pending litigation,
must be shielded from embarrassment and influence
in performing the important duty of deciding it. On
the other hand, once litigation is concluded, the judge
who decided on it is subject to the same criticism as
any other public official because then his ruling
becomes public property and is thrown open to
public consumption.
Q: When is public comment and criticism of a
court decision permissible and when would it be
improper? (1997 Bar)
A: A lawyer, like every citizen, enjoys the right to
comment on and criticize the decision of a court. As
an officer of the court, a lawyer is expected not only to
exercise that right but also to consider it his duty to
expose the shortcomings and indiscretions of courts
and judges. But such right is subject to the limitations
that it shall be bona fide. It is proper to criticize the
courts and judges, but it is improper to subject them
to abuse and slander, degrade them or destroy public
confidence in them. Moreover, a lawyer shall not
attribute to a judge motives not supported by the
record or have no materiality in the case (Rule 11.04,
CPR).
Canon 12
Exert every effort and consider it his duty to assist in
the speedy and efficient administration of justice
Rule 12.02 – A lawyer shall not file multiple actions
arising from the same cause (Prohibition against
forum-shopping)
Q: AC, represented by Atty. IA lost a case for
recovery of land before the RTC. The appeal was
dismissed by the CA for non-filing of the
appellant’s brief within the reglementary period.
AC got wind of the dismissal only when his wife
verified the status of the case. Atty. IA promised to
seek reconsideration, which the CA later denied
for belated filing of the motion. Atty. IA argued
that he only received the CA resolution 2 months
after it was issued and that the person who
received the same in his office was unauthorized.
Atty. IA also failed to file his comment on the
complaint despite extensions. Is he
administratively liable?
A: YES. After requesting and securing no less than
three (3) extensions of time to file his comment, he
simply closed, so to speak, communication lines. And
when ordered to give an explanation through a show-
cause directive for not complying, he asked for and
was granted a 30-day extension but the required
comment never came. When the Court eventually
directed the NBI to arrest him, he just left his last
known address and could not be located. Manifestly,
he has fallen short of the diligence required of every
member of the Bar. The pertinent Canon of the Code
of Professional Responsibility which he also violated
is Canon 12.03: A lawyer shall not, after obtaining
extensions of time to file pleadings, memoranda or
briefs, let the period lapse without submitting the same
or offering an explanation for his failure to do so.”
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
(Conlu v. Atty. Aredonia, Jr., A.C. No. 4955, September
12, 2011).
Q: Felipe et al. filed an administrative case against
Atty. Macapagal on the grounds of dishonesty. The
Court required Atty. Macapagal to submit his
Comment thereon, Atty. Macapagal then
requested for an extension of time to submit his
comment because of his numerous professional
commitments. The Court was generous enough to
grant him an extension but despite the lapse of
the extended period he failed to file his comment.
Moreover, he failed to appear during the
scheduled hearings nor submit his position paper.
Should Atty. Macapagal be held administratively
liable?
A: YES. Canon 12 of CPR provides that a lawyer shall
exert every effort and consider his duty to assist in
the speedy and efficient administration of Justice.
Atty. Macapagal’s unjustified disregard of the lawful
orders of this Court and the IBP is not only
irresponsible, but also constitutes utter disrespect for
the judiciary and his fellow lawyers. His conduct is
unbecoming of a lawyer, for lawyers are particularly
called upon to obey court orders and processes and
are expected to stand foremost in complying with
court directives being themselves officers of the
court. As an officer of the court, Atty. Macapagal is
expected to know that a resolution of this Court is not
a mere request but an order which should be
complied with promptly and completely (Felipe v.
Atty. Macapagal, A.C. 4549, Dec 2, 2013)(J.DEL
CASTILLO CASE).
Canon 13
Rely upon the merits of his cause and refrain from any
impropriety which tends to influence, or gives the
appearance of influencing the court (BAR 2001. 2007,
2009)
Giving of gifts to the judges are discouraged as it tend
to give an appearance of influencing the conduct of
judicial function or breeding familiarity with judges.
It is improper for a litigant or counsel to see a judge in
chambers and talk to him about a matter related to
the case pending in the court of said judge.
Q: On a Saturday, Atty. Paterno filed a petition for
Writ of Amparo with the CA. Impelled by the
urgency of the issuance of the writ, Atty. Paterno
persuaded his friend, CA Justice Johnny Dela Cruz,
to issue the Writ of Amparo and the notice of
hearing without the signature of the two other
members of the CA division. Are Atty. Paterno and
Justice Dela Cruz guilty of unethical conduct?
Explain. (2009 Bar)
A: Yes. Atty. Paterno violated Canon 13 of the CPR.
Atty. Paterno has relied on his friendship with the
Justice to obtain a Writ of Amparo without a hearing.
He thus makes it appear that he can influence the
court. Justice Dela Cruz violated sec. 3, canon 4 of the
Code of Judicial Conduct for the Philippine Judiciary,
11
which provides that “judges shall, in their personal
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relations with individual members of the legal
profession who practice regularly in their courts,
avoid situations which might reasonable give rise to
the suspicion or appearance of favoritism or
partiality.”
GR: A lawyer shall not make public statements in the
media regarding a pending case tending to arouse
public opinion for or against a party.
XPN: After the Supreme Court decides on a case.
Provided, that the comment shall not spill over the
bounds of decency and propriety.
TO THE CLIENT
Canon 14
Lawyer shall not refuse his services to the needy
Rule 14.01 – A lawyer shall not decide to represent a
person solely on account of the latter’s race, sex, creed
or status of life, or because of his own opinion
regarding the guilt of said person (BAR 1990, 1996,
2000, 2001, 2002, 2004, 2005)
Q: Atty. DD’s services were engaged by Mr. BB as
defense counsel in a lawsuit. In the course of the
proceedings, Atty. DD discovered that Mr. BB was
an agnostic and a homosexual. By reason thereof,
Atty. DD filed a motion to withdraw as counsel
without Mr. BB’s express consent. Is Atty. DD’s
motion legally tenable?
A: No. He has no valid cause to terminate his services.
BB being agnostic and homosexual should not deprive
him of his counsel’s representation solely for that
reason. A lawyer shall not decline to represent solely
on account of clients race, sex, creed or status of life
or because of his opinion regarding the guilt of said
person.
Rule 14.02 – A lawyer shall not decline except for
serious and sufficient cause, an appointment as counsel
de oficio or as amicus curiae, or a request from the
Integrated Bar of the Philippines or any of its chapters
for rendition of free legal aid (BAR 1991, 1993, 2001,
2002).
Counsel de Oficio
1. Members of the bar in good standing;
2. Any person, resident of the province and of good
repute for probity and ability, in localities without
lawyers
Factors to be considered in appointing a Counsel
de Oficio
1. Gravity of offense
2. Difficulty of questions that may arise; and
3. Experience and ability of appointee
Q: Christine was appointed counsel de oficio for
Zuma, who was accused of raping his own
daughter. Zuma pleaded not guilty but thereafter
privately admitted to Christine that he did
commit the crime charged. In light of Zuma’s
admission, what should Christine do? Explain.
(2008 Bar)
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
A: Christine should continue to act as counsel de
oficio for Zuma. Her appointment should not be
declined even if she believes her client to be guilty.
Her client is entitled to presumption of innocence and
is not obliged to plead guilty.
NOTE: However, if request for legal aid is a civil case,
the lawyer can decline if he believes that the action or
defense is not meritorious. He should only maintain
actions which are just and interpose defenses which
he believes to be honestly debatable under the law
(BAR 1991, 1996, 2001, 2002, 2009).
Lawyer’s Right to decline employment
GR: A lawyer is not obliged to act as legal counsel for
any person who may wish to become his client. He
has the right to decline employment.
XPNs:
1. A lawyer shall not refuse his services to the
needy. (Canon 14)
2. He shall not decline to represent a person solely
on account of the latter’s race, sex, creed or status
in life or because of his own opinion regarding the
guilt of said person (Rule 14.01);
3. He shall not decline, except for serious and
efficient cause like
a. If he is not in a position to carryout
effectively or competently; and
b. If he labors under a conflict of interest
between him and the prospective client. (Rule
14.03)
Canon 15
Observe candor, fairness and loyalty in all his dealings
and transactions with his clients
Rule 15.02 – A lawyer shall be bound by the rule on
privilege communication in respect of matters
disclosed to him by a prospective client (BAR 1994,
1999, 2001, 2006, 2009).
Privileged Communication
A privileged communication is one that refers to
information transmitted by voluntary act of
disclosure between attorney and client in confidence
and by means which, so far as the client is aware
discloses the information to no third person other
than one reasonably necessary for the transmission of
the information or the accomplishment of the
purpose for which it was given.
Matters disclosed by a prospective client to a lawyer
are protected by the rule on privileged
communication even if the prospective client does not
thereafter retain the lawyer or the latter declines the
employment. It covers crimes and offenses already
committed by the client.
The privilege continues to exist even after the
termination of the attorney-client relationship.
Privileged Client Identity
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 UST LAW PRE-WEEK NOTES 2018
Client identity is privileged where a strong
probability exists that revealing the client’s name
would implicate that client in the very activity for
which he sought the lawyer’s advice (Regala v.
Sandiganbayan, G.R. No. 105938, September 20, 1996).
Conflict of Interest (Bar 1997, 1999, 2002, 2006,
2008)
A lawyer must have undivided fidelity to his client.
This undivided fidelity will not be possible where he
serves two masters at the same time or different
times with antagonistic interests. (Pineda, 2009).
The test of conflicting interest is whether or not in
behalf of one client, it is the lawyer’s duty to fight for
an issue, but it is also his duty to oppose such for the
other client (Orola v. Atty. Ramos, A.CC. No 9860,
September 11, 2013).
A lawyer may not be precluded from accepting and
representing other clients on the ground of conflict of
interests, if the lawyer-client relationship does not
exist in favor of a party in the first place.
To constitute professional employment, it is not
essential that the client should have employed the
attorney professionally on any previous occasion. If a
person, in respect to his business affairs or troubles of
any kind, consults with his attorney in his
professional capacity with the view to obtaining
professional advice or assistance, and the attorney
voluntarily permits or acquiesces in such
consultation, then the professional employment must
be regarded as established (Hilado v. David, G.R. No. :-
961, September 21, 1949).
Q: Why is a lawyer prohibited from representing
conflicting interests (BAR 1991, 1992, 1993, 1994,
2005)
A: A lawyer shall preserve the confidence and a secret
off his client even after the attorney-client relation is
terminated. The relation between the client and
lawyer is founded on trust and confidence. The
lawyer learns the strong and weak points of the
client’s cause. In order to have the fullest confidence,
the client must be assured that his secrets would not
be used against him.
Not only to prevent the dishonest practitioner from
fraudulent conduct, but as well to protest an honest
lawyer from unfounded suspicion of unprofessional
practice
GR: An attorney cannot represent diverse interests.
XPN: Representation of conflicting interest may be
allowed where the parties consent to the
representation after full disclosure of facts (Nakpil v.
Valdez, A.C. No. 2040, March 4, 1998).
XPN to XPN: Where the conflict is between the
attorney’s interest and that of a client; or between a
private client’s interests and that of the government
or any of its instrumentalities.
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
What are the three (3) tests to determine conflict
of interest for practicing lawyers? Explain each
briefly. (2009 Bar)
1. Conflicting Duties - When, on behalf of one client, it
is the attorney’s duty to contest for that which his
duty to another client requires him to oppose or
when possibility of such situation will develop.
2. Invitation of Suspicion - Whether the acceptance of
the new relation will prevent a lawyer from the full
discharge of his duty of undivided fidelity and loyalty
to his client or will invite suspicion of unfaithfulness
or double-dealing in the performance thereof.
3. Use of Prior Knowledge Obtained - Whether a
lawyer will be called upon in his new relation to use
against the first client any knowledge acquired in the
previous employment.
What is material in determining whether there is a
conflict of interest in the representation is
probability, not certainty of conflict.
Q: Diongzon, a businessman, retained the services
of Atty. Mirano in several cases, one of which
involved the execution of two deeds of sale
covering the boats Diongzon sold to Spouses
Gonzales. Subsequently, Sps. Gonzales sued
Diongzon for replevin and damages and sought
the annulment of the deeds of sale. Sps. Gonzales
was represented by an associate of Atty. Mirano.
Atty. Mirano notarized the bond the Sps. Gonzales
filed to justify the manual delivery of the boats
subject of the suit and eventually entered his
appearance as the counsel for the Sps. Gonzales
against. Is there a conflict of interest?
A: Yes. When Atty. Mirano appeared in court for the
benefit of the Gonzaleses, he unquestionably incurred
a conflict of interest. Having become privy to the
terms of the sale subject of the civil case, the conflict
of interest became unmitigated because Diongzon
had not expressly consented in writing to Mirano
appearing in behalf of the spouses Gonzales
(Diongzon v. Atty. Mirano, A.C. No. 2404, August 17,
2016).
Q: Daging was the owner and operator of
Nashville Country Music Lounge. Daging received
a Retainer Proposal from Davis & Sabling Law
Office signed by Atty. Davis and his partner Atty.
Amos Saganib Sabling (Atty. Sabling). Thereafter,
in an ejectment case filed by Daging against Pinlac
and Balageo, he was shocked to find out that Atty.
Davis appeared as counsel for Balageo. Hence, the
filing of this administrative complaint. Atty. Davis
maintained that he never obtained any
knowledge or information regarding the business
of Daging who used to consult only Atty. Sabling.
He admitted though having represented Balageo
in the ejectment case but denied that he took
advantage of the Retainer Agreement between
Daging and Davis and Sabling Law Office. Is Atty.
Davis guilty of representing conflicting of
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interests to both of his firm’s clients.
TEAM BAROPS
ACADEMICS COMMITTEE 2018
 LEGAL AND JUDICIAL ETHICS
A: YES. Clearly, Atty. Davis violated Rule 15.03 of
Canon 15 of the Code of Professional Responsibility".
A lawyer may not, without being guilty of
professional misconduct, act as counsel for a person
whose interest conflicts with that of his present or
former client." The prohibition against representing
conflicting interests is absolute and the rule applies
even if the lawyer has acted in good faith and with no
intention to represent conflicting interests. Atty.
Davis’ argument that he never took advantage of any
information acquired by his law firm in the course of
its professional dealings with the complainant, even
assuming it to be true, is of no moment. Undeniably
aware of the fact that complainant is a client of his
law firm, respondent should have immediately
informed both the complainant and Balageo that he,
as well as the other members of his law firm, cannot
represent any of them in their legal tussle; otherwise,
they would be representing conflicting interests and
violate the Code of Professional Responsibility.
Indeed, respondent could have simply advised both
complainant and Balageo to instead engage the
services of another lawyer (Daging v. Davis, A.C. No.
9395, Nov 12, 2014)(J.DEL CASTILLO CASE).
Canon 16
Hold in trust all moneys and properties of his client
that may come into his possession (BAR 2008, 2009)
1. A lawyer shall account for all money or property
collected or received for or received from the
client
a. Money given for a purpose must be used for
such purpose; otherwise, returned to client
immediately.
b. Failure to do so will raise presumption that
lawyer misappropriated it.
2. A lawyer shall keep the funds of each client
separate and apart from his own and those of
others kept by him.
3. A lawyer shall deliver the funds and property of
client upon demand. However, he shall have a
lien over the funds and may apply so much
thereof as may be necessary to satisfy his lawful
fees and disbursements, giving notice promptly
thereafter to his client.
a. A Lawyer may not apply client’s funds to his
fees if client is still objecting to the amount
thereof (Genato v. Adaza, 328 SCRA 694;
Lemoine v. Balon, 414 SCRA511).
When a lawyer receives money from a client for a
particular purpose involving client-attorney
relationship, he is bound to render an accounting to
the client showing that the money was spent for that
particular purpose. If the lawyer does not use the
money for the intended purpose, he must
immediately return the money to his client (Navarro
v. Solidum, Jr., A.C. No. 9872, January 28, 2014).
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
A lawyer’s failure to return upon demand the funds
held by him on behalf of his client, as in this case,
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. Such act is a
gross violation of general morality as well as of
professional ethics (Agot v. Atty. Rivera, A.C. No. 8000,
August 5, 2014).
Q: Campos engaged the services of Atty. Estebal to
assist each of them in securing tourist visas to the
United States. Despite receipt of payment, Atty.
Estebal failed to secure for them the US tourist
visa nor returned the amount they paid, thus they
filed an administrative case against the lawyer.
Did Atty. Estebal violate Canons 15, 16 and 20?
A: YES. Respondent violated Canons 15 because he
was not candid enough to tell the complainants their
chances of getting their visa. Instead, the respondent
made the complainants believe that they will have a
good chance of getting the visa, yet, nothing
happened. He also violated Canon 16 (Rule 16.01)
because he did not account for the money he received
from the complainants. The amount due to the
complainants was not clear. Lastly, it appears that the
attorney’s fees that he collected from the
complainants are excessive and unreasonable.
Considering the degree of work and number of hours
spent, the amount he collected from the complainants
is not commensurate to the degree of services
rendered. Obviously, respondent took advantage of
the weakness of the complainants in their desire to go
US (Campos Jr. v. Estebal, A.C. No. 10443, Aug. 8, 2016).
The prohibition imposed by the Civil Code, Art. 1491
(3), prohibiting judges and attorneys, and that
contained in the Canons of Professional Ethics, Canon
10, with regard to purchase of any interest in the
subject matter of litigation both refer only to
instances where the property is still the subject of the
litigation. (Director of Lands v. Abba, 88 SCRA 513).
Q: Atty. Arojado was the Christopher’s counsel in
an unlawful detainer case. While the case is
pending, one of the properties was sold to the son
of Atty. Arojado. Will the case proper?
A: No. The Case should be dismissed. Atty. Arojado
was not the purchaser or buyer of the property in
litigation. There is no evidence that the respondent
used his son as conduit to gain the property in
question (Santos v. Atty. Arojado, A.C. No. 8502, June
27, 2018)(J. DEL CASTILLO CASE).
Q: Atty. F was counsel of LL and a writ of
attachment was issued in his client’s favor.
However, the sheriff turned over cars subject of
the attachment to Atty. F instead of depositing
them in the court premises. On several occasions,
one of the subject cars, a Nissan Sentra, was seen
in several locations in Quezon City. Atty. F also
allegedly withheld the whereabouts of the Volvo.
It turned out that the same was destroyed by a
fire in front of his house and he failed to inform
the court of such. Is Atty. F administratively
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liable?
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ACADEMICS COMMITTEE 2018
 UST LAW PRE-WEEK NOTES 2018
A: Yes. He is guilty of grave misconduct arising from
his violation of Canon 16 of the CPR which provides
that “money of the client or collected for the client or
other trust property coming into the profession of the
lawyer should be reported and accounted for
promptly and should not under any circumstances be
commingled with his own or be used by him.” A
lawyer is first and foremost an officer of the court. As
such, he is expected to respect the court’s order and
processes. Atty. F miserably fell short of his duties as
such officer. He trifled with the writ of attachment the
court issued. Atty. F was remiss in his obligation of
taking good care of the attached cars (Atty. Salomon v.
Atty. Frial, A.C. No. 7820, September 12, 2008).
Borrowing and Lending
Borrowing: A lawyer is not allowed to borrow money
from his client, except when the client’s interests are
fully protected by the nature of the case or by
independent advice.
The rule against borrowing of money by a lawyer
from his client is intended to prevent lawyer from
taking advantage of his influence over the client (Yu v.
Dela Cruz, A.C. No. 10912, January 19, 2016).
In Spouses Concepcion v. Atty. Dela Rosa, the Court
ruled that in disciplinary proceedings against
lawyers, the Court’s only concern is the
determination of the respondent’s administrative
liability. It should not involve his civil liability for
money received from his client in a transaction
separate, distinct, and not intrinsically linked to his
professional engagement (A.C. No. 10681, February 3,
2015).
Lending: A lawyer is not allowed to lend money to his
client, except when in the interest of justice, he has to
advance necessary expenses in a legal matter he is
handling for the client
Canon 17
Lawyer owes fidelity to the cause of his client and he
shall be mindful of the trust and confidence reposed in
him.
Canon 18
Lawyer shall serve his client with competence and
diligence
Rule 18.03 – A lawyer shall not neglect a legal matter
entrusted to him and his negligence in connection
therewith shall render him liable (BAR 1998, 2002,
2006, 2007)
Collaborating counsel
May a client hire additional counsel as
collaborating counsel over and above the
objection of the original counsel? (2014 Bar)
No. The new lawyer cannot just enter his appearance
as collaborating counsel without the conformity of
the first counsel.
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
State the rule on whether a client is bound by the
mistake of his counsel.
A client is bound by the mistake of his lawyer.
However, when the negligence of the lawyer is so
gross that the client was deprived of due process, the
client is not bound by the negligence of the lawyer.
Q: On account of his mistake, is counsel liable to
his client for damages?
Yes. A client who suffers prejudice by reason of his
counsel’s inexcusable negligence in the discharge of
his duty may file an action for damages against him.
NOTE: A retained counsel is expected to serve the
client with competence and diligence. This duty
includes not merely reviewing the cases entrusted to
the counsel’s care and giving the client sound legal
advice, but also properly representing the client in
court, attending scheduled hearings, preparing and
filing required pleadings, prosecuting the handled
cases with reasonable dispatch, and urging their
termination without waiting for the client or the court
to prod him or her to do so. The lawyer should not be
sitting idly by and leave the rights of the client in a
state of uncertainty (Conlu v. Atty. Aredonia, Jr., A.C.
No. 4955, September 12, 2011).
Q: Failing to file a loan obtained by the
respondents from the petitioner, the latter filed
with the RTC a complaint praying for the payment
of the principal loan as well as the interest rate of
12% per annum. Because the counsel for the
respondents did failed to file any responsive
pleadings, the RTC declared them in default and
the prayer of the petitioner was granted.
However, instead of what was asked by the
petitioners in terms of the interest, the court
imposed a 5% monthly interest, unbeknownst to
the counsel of the respondents. Eventually the
mortgaged property was auctioned and the
petitioner, being the sole bidder, was issued a
Certificate of Sale. The respondents claim that it
was the negligence of their former counsel which
led them to this current predicament.
A: Indeed, the respondents’ former counsel was
grossly negligent in the handling of their case. Their
former counsel’s failure to file any responsive
pleadings led to their being in default, and because of
this the prayer of the petitioner was granted. Worse,
it was not even noticed by the same counsel that the
RTC granted an interest rate not even prayed for by
the petitioners—5% monthly instead of 12% per
annum. Had he carefully read the judgment, he could
have protected the interests of his client. His failure to
do so proves without a doubt that he was grossly
negligent in his duties, effectively depriving his clients
of their property without due process of law(Diona v.
Balangue, G.R. No. 173559, Jan 7, 2013)(J.DEL
CASTILLO CASE)
Q: David Maniquis and Atty. Mona Lisa
Buencamino are the former Officer-in-Charge of
the Clerk of Court III and the successor of such
15
office, respectively. Upon a financial audit made
TEAM BAROPS
ACADEMICS COMMITTEE 2018
 LEGAL AND JUDICIAL ETHICS
by the Office of the Court Administrator, it was
found that they had accountabilities with regard
to particular funds in the judiciary. Additionally,
Cielito Mapue, a clerk under Atty. Buencamino,
intentionally withdrew several confiscated bonds
twice. Thus, the OCA recommended that Maniquis
and Atty. Buencamino be suspended from office
while Mapue was to be meted with dismissal.
A: The recommendations of the OCA are correct, as
Atty. Buencamino and Maniquis were both remiss in
the performance of their duties as clerk of court. They
are both guilty of simple neglect of duty because they
failed to properly supervise and manage the financial
transactions in their courts. Thus, they must be held
liable for any loss or shortage of the funds entrusted
to them by virtue of their office. Further, Atty.
Buencamino failed to supervise Mapue as she cannot
wash her hands of enabling Mapue’s
misappropriation. It is incumbent upon them to be
diligent and competent in the performance of their
duties, including the safekeeping of funds and
collections because it is essential to an orderly
administration of justice(OCA v. Atty. Buencamino,
A.M. No. P-05-2051, Jan 21, 2014)(J.DEL CASTILLO
CASE).
Canon 19
Lawyer shall represent his client with zeal within the
bounds of the law
Kinds of appearance
General appearance – When a party comes to court
either as plaintiff or defendant and seeks general
reliefs from the court for satisfaction of his claims or
counterclaims respectively.
Special appearance – When a defendant appears in
court solely for the purpose of objecting to the
jurisdiction of the court over his person.
Effects of unauthorized appearance
1. The party represented is not bound by attorney’s
appearance in the case neither by the judgment
rendered therein;
2. Court does not acquire jurisdiction over the
person of the party represented;
3. The adverse party who has been forced to litigate
as a defendant by the unauthorized action on the
part of the attorney for the plaintiff may, on that
ground, move for the dismissal of the complaint;
and
4. If unauthorized appearance is willful, attorney
may be cited for contempt as an officer of the
court who has misbehaved in his official
transactions, and he may be disciplined for
professional misconduct.
Authority of counsel to compromise
GR: The attorney has no authority to compromise his
client’s case. This is so because the client, even if
represented by counsel, retains exclusive control over
the subject matter of the litigation. The client can, of
course, authorize his lawyer to compromise his case,
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
and the settlement made by the lawyer will bind his
client.
XPNs:
1. When the lawyer is confronted with an
emergency where prompt and urgent action is
necessary to protect the interest of his client and
there is no opportunity for consultation with the
latter.
2. Settlement of monetary obligation to client is full
payment in cash.
Q: Atty. Bravo represents Carlos Negar (an
insurance agent for Dormir Insurance Co.) in a
suit filed by insurance claimant Andy Limot who
also sued Dormir Insurance. Limot testified
during the trial that he had mailed the notice of
the loss to the insurance agent, but admitted that
he lost the registry receipt so that he did not have
any documentary evidence of the fact of mailing
and of its timeliness. Dormir Insurance denied
liability contending that the timely notice had not
been given either to the company or its agent.
A few days after Negar testified, he admitted to
Atty. Bravo that he had lied when he denied
receipt of Limot's notice; he did receive the notice
by mail but immediately shredded it to defeat
Limot's claim. If your were Atty. Bravo, what
would you do in light of your client's disclosure
that he perjured himself when he testified? (2013
Bar)
A: I shall promptly call upon Carlos Negar, my client,
to rectify his perjured testimony by recanting the
same before the court. Should he refuse or fail to do
so I shall then terminate my relationship with him
(Canon, 19, Rule 19.02) stating that with his having
committed perjury he persuaded an illegal conduct in
connection with the case (Ibid., Canon 22, Rule 22.01).
Canon 20
Charge only fair and reasonable fees (BAR 2008)
Q: May a lawyer collect fees for services rendered
to his client despite the absence of an agreement
to pay attorney’s fees? (2014 Bar)
A: Yes. Generally, the amount of attorney’s fees due is
that stipulated in the retainer agreement. In the
absence thereof, the amount of attorney’s fees is fixed
on the basis of quantum meruit.
Basis of Quantum Meruit
1. The time spent and the extent of the service
rendered or required;
2. The novelty and difficulty of the questions
involved;
3. The importance of the subject matter;
4. The skill demanded
5. The probability of losing other employment as a
result of acceptance of the proffered case;
6. The customary charges for similar services and
the schedule of fees off the IBP chapter to which
he belongs;
7. The amount involved in the controversy and the
16
benefits resulting to the client from the service;
TEAM BAROPS
ACADEMICS COMMITTEE 2018
 UST LAW PRE-WEEK NOTES 2018
8. The contingency or certainty of compensation
9. The character of employment, whether occasional
or established; and
10. The professional standing of the lawyer.
NOTE: Attorney’s fees cannot be determined until
after the main litigation has been decided and the
subject of the recovery is at the disposition of the
court (Aquino v. Hon Casabar, G.R. No. 191470, January
26, 2015).
Attorney’s RETAINING Lien
A retaining lien is the right of an attorney to retain
the funds, documents and papers of his client which
have lawfully come into his possession and may
retain the same until his lawful fees and
disbursements have been paid, and may apply such
funds to the satisfaction thereof.
Attorney’s CHARGING Lien
A charging lien is the right of a lawyer to the same
extent upon all judgments for the payment of money,
and executions issued in pursuance of such
judgments which he has secured in a litigation of his
client, from and after the time when he shall have
caused a statement of his claim of such lien to be
entered upon the records of the court rendering such
judgment, or issuing such execution, and shall have
caused written notice thereof to be delivered to his
client and to the adverse party; and he shall have the
same right and power over such judgments and
executions as his client would have to enforce his lien
and secure the payment of his fees and
disbursements (Sec. 37, Rule 138, Revised Rules of
Court).
Requisites in order for an attorney to be able to
exercise his retaining lien
1. Attorney-client relationship;
2. Lawful possession by the lawyer of the client’s
funds, documents and papers in his professional
capacity; and
3. Unsatisfied claim for attorney’s fees or
disbursements.
Q: M engaged the services of Atty. D to prosecute
his annulment of marriage case in the RTC. After a
long-drawn trial, Atty. D was able to secure a
favourable judgment from the court.
Unfortunately, M failed to pay in full the
stipulated attorney’s fees of Atty. D. How can Atty.
D collect his fees from M? Discuss fully. (2014
Bar)
A: Atty. D can collect his fees from M either in the
same case in which it may be asserted either in the
very action in which the services of a lawyer had been
rendered, or in a separate civil action by a petition for
attorney's fees before the judgment in favor of the
client is satisfied or the proceeds thereof delivered to
the client.
Q: Can a lawyer who refuses to return certain
documents to the client pending payment of his
attorney’s fee be sanctioned?
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
No. He is entitled to a retaining lien by virtue of which
he may retain funds, documents and papers of his
clients which have lawfully come into his possession,
until his lawful fees and disbursements have been
paid (Sec. 37, Rule 138, Rules of Court).
Contingency Fee
A contract for contingent fees is an agreement in
writing by which the fees, usually a fixed percentage
of what may be recovered in the action, are made to
depend upon the success in the effort to enforce or
defend a supposed right. Contingent fees depend
upon an express contract, without which the attorney
can only recover on the basis of quantum meruit
(Aquino v. Casabar, G.R. No. 191470, January 26, 2015).
The M.O.A. which respondent made the complainants
sign was not a contingency fee arrangement but an
agreement for immediate acquisition of their
property as his attorney’s fees (Spouses Jacito v. Atty.
Bangot Jr., A.C. No. 8494, October 5, 2016).
Q: For services to be rendered by Atty. Delmonico
as counsel for Wag Yu in a case involving 5,000
sq.m. of land, the two agreed on a success fee of
P50,000 plus 500 sq.m. of the land. The trial court
rendered judgment in favor of Wag Yu which
became final and executory. After receiving
P50,000, Atty. Delmonico demanded the transfer
to him of the promised 500 sq.m. Instead of
complying, Wag Yu filed an administrative
complaint charging Atty. Delmonico with
violation of the Code of Professional
Responsibility and Article 1491(5) of the Civil
Code for demanding the delivery of a portion of
the land subject of litigation. Is Atty. Delmonico
liable under the Code of Professional
Responsibility and the Civil Code? Explain. (2010
Bar)
A: Atty. Delmonico is not guilty of violating the CPR
and the Civil Code. He and his client agreed on a
success fee of P50,000 plus 500 sq. of the land
involved in the case he was handling. This is a
contingent fee contract which is allowed under Canon
20 of the CPR and Canon 13 of the CPE. A contingent
fee agreement does not violate Art. 1491 of the Civil
Code because the transfer or assignment of the
property in litigation takes effect only after the
finality of a favorable judgment.
NOTE: The purchase by a lawyer of his client’s
property or interest in litigation is a breach of
professional ethics and constitutes malpractice. The
persons mentioned in Article 1491 are prohibited
from purchasing said property because of an existing
trust relationship. A lawyer is disqualified from
acquiring by purchase the property and rights in
litigation because of his fiduciary relationship with
such property and rights, as well as with the client
(Zalamea v. Atty. De Guzman, A.C. No .8387, November
7, 2016).
Champertous Contracts
17
TEAM BAROPS
ACADEMICS COMMITTEE 2018
 LEGAL AND JUDICIAL ETHICS
Is one where the lawyer stipulates with his client in
the prosecution of the case that he will bear all the
expenses for the recovery of things or property being
claimed by the client, and the latter agrees to pay the
former a portion of the thing or property recovered
as compensation. It is void for being against public
policy (like gambling). A champertous contract is
considered void due to public policy.
The contract of attorney’s fee entered into by Atty.
Quintos and his client, Susan, stipulates that if a
judgment is rendered in her favor, he gets 60% of
the property recovered as contingent fee. In turn,
he will assume payment of all expenses of the
litigation. Is the agreement valid?
No. The agreement that the lawyer will assume
payment of all the expenses of litigation makes it a
champertous contract, which is invalid.
Canon 21
Lawyer shall preserve the confidences and secrets of his
client even after the attorney-client relation is
terminated.
GR: A lawyer shall not reveal the confidences and
secrets of his client.
NOTE: An attorney cannot, without the consent of his
client, be examined as to any communication made by
the client to him, or his advice given thereon in the
course of, or with a view to, professional employment,
nor can an attorney’s secretary, stenographer, or
clerk be examined, without the consent of the client
and his employer, concerning any fact the knowledge
of which has been acquired in such capacity (Sec.
24(b), Rule 130, RRC).
XPNs:
1. When authorized by his client after acquainting
him of the consequences of the disclosure;
2. When required by law;
3. When necessary to collect his fees or to defend
himself, his employees or associates by judicial
action.
NOTE: Payment of retainer fee is not essential before
an attorney can be required to safeguard a
prospective client’s secret acquired by the attorney
during the course of the consultation with the
prospective client. This is so even if the attorney did
not accept the employment.
Instances when a lawyer may testify as a witness
in a case which he is handling for a client
1. On formal matters, such as the mailing,
authentication or custody of an instrument and
the like;
2. Acting as an expert on his fee;
3. Acting as an arbitrator;
4. Depositions; and
5. On substantial matters in cases where his
testimony is essential to the ends of justice, in
which event he must, during his testimony,
entrust the trial of the case to another counsel.
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
Canon 22
Lawyer can withdraw his services only for good cause
and upon notice appropriate in the circumstances.
When the client has not failed to pay the lawyer's fees
or to comply with the retainer agreement but only
refused to agree with the lawyer's demand for an
increase in his fees, the lawyer’s withdrawal is not
justified. Client’s right to refuse is part of his freedom
of contract.
A lawyer may withdraw his services only for good
cause and upon notice appropriate in the
circumstances
Grounds for withdrawal
1. Client pursues an illegal or immoral course of
conduct;
2. Client insists that lawyer violate canons and rules;
3. Inability to work with co-counsel to detriment of
client;
4. Mental or physical condition of lawyer makes it
5. Difficult for him to continue;
6. Client deliberately fails to pay attorney’s fees;
7. Election or appointment to public office;
8. Other similar cases
Can a client discharge the services of his lawyer
without a cause?
Yes. A client has the right to discharge his attorney at
any time with or without a cause or even against his
consent.
1. With just cause – lawyer is not necessarily
deprived of his right to be paid for his services.
He may only be deprived of such right if the cause
for his dismissal constitutes in itself a sufficient
legal obstacle to recovery.
2. Without just cause
a) No express written agreement as to fees -
reasonable value of his services up to the date
of his dismissal (quantum meruit).
b) There is written agreement and the fee
stipulated is absolute and reasonable – full
payment of compensation.
c) The fee stipulated is contingent.
d) If dismissed before the conclusion of the
action - reasonable value of his services
(quantum meruit)
e) If contingency occurs or client prevents its
occurrence – full amount.
NOTE: Even if the compensation of the attorney is
dependent only on winning the litigation, the
subsequent withdrawal of the case upon the client’s
initiative would not deprive the attorney of the
legitimate compensation for professional services
rendered. Although a client may dismiss her lawyer
at any time, the dismissal must be for a justifiable
cause if a written contract between the lawyer
and the client exists. In the absence of the lawyer’s
fault, consent or waiver, a client cannot deprive the
lawyer of his just fees already earned in the guise of a
justifiable reason (Malvar v. Kraft Food, G.R. No.
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183952, September 9, 2013).
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 UST LAW PRE-WEEK NOTES 2018
Duties of a discharged lawyer or one who
withdraws
1. Immediately turn-over all papers and property to
which the client is entitled; and
2. To cooperate with his successor in the orderly
transfer of the case.
DISBARMENT, SUSPENSION, AND DISCIPLINE
OF LAWYERS
The right to institute a disbarment proceeding is not
confined to clients nor is it necessary that the person
complaining suffered injury from the alleged
wrongdoing of the lawyer.
NOTE: There is NO prescriptive period for the filing
of a complaint against an erring lawyer.
Quantum of evidence required
Clear preponderant evidence is necessary to justify the
imposition of administrative penalty considering the
serious consequence of disbarment or suspension of a
member of the Bar (Rose Bunagan-Bansig v. Atty.
Rogelio Celera, A.C. No. 5581, January 14, 2014; Atty.
Clodualdo De Jesus v. Atty. Risos-Vidal, A.C. No. 7961,
March 19, 2014).
Suspension
When this 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
(Feliciano v. Atty. Lozada, A.C. No. 7593, March 11,
2015).
A lawyer's suspension is not automatically lifted upon
the lapse of the suspension period. The lawyer must
submit the required documents and wait for an order
from the Court lifting the suspension before he or she
resumes the practice of law. Respondent ordered
suspended for 6 months for recording purpose only,
considering that he had been disbarred in another
case (Paras v. Paras, A.C. No. 5333, March 13, 2017)
Disbarment is sui generis
Give at least five (5) reasons why disbarment is
sui generis.
1. It is neither a civil nor a criminal proceedings
2. Double jeopardy cannot be availed of as a defense
3. It can be initiated motu proprio by the Supreme
Court of by the IBP
4. It can proceed regardless of lack of interest of the
complainant
5. It is imprescriptible
6. It is confidential
7. It is in itself due process
Main objectives of disbarment and suspension
1. Compel the attorney to deal fairly and honestly
with his clients;
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
2. Remove from the profession a person whose
misconduct has proved him unfit to be entrusted
with the duties and responsibilities belonging to
the office of an attorney;
3. Punish the lawyer;
4. Set an example or a warning for the other
members of the bar;
5. Safeguard the administration of justice from
incompetent and dishonest lawyers;
6. Protect the public.
Q: Is the defense of Atty. R in a disbarment
complaint for immorality filed by his paramour P
that P is in pari delicto material or a ground for
exoneration? Explain. (2010 Bar)
A: The defense of in pari delicto is immaterial in an
administrative case which is sui generis. The
administrative case is about the lawyer’s conduct, not
the woman’s.
Specific grounds for suspension or disbarment
(List is NOT exclusive)
1. Deceit;
2. Malpractice;
3. Grossly immoral conduct;
4. Conviction of a crime involving moral turpitude;
5. Violation of oath of office;
6. Willful disobedience of any lawful order of a
superior court;
7. Corrupt or willful appearance as an attorney for a
party to a case without authority to do so (Sec. 27,
Rule 138, RRC);
8. Non-payment of IBP membership dues
Malpractice
It refers to any malfeasance or dereliction of duty
committed by a lawyer (Tan Tek Beng v. David, Adm.
Case No. 1261, December 29 1983; Lapena,Jr., 2009).
Gross Misconduct
It is any inexcusable, shameful or flagrant unlawful
conduct on the part of the person concerned in the
administration of justice which is prejudicial to the
rights of the parties or to the right determination of a
cause, a conduct that is generally motivated by a
premeditated, obstinate or intentional purpose
(Yumol Jr. v. Ferrer, Sr., A.C. No. 6585, April 21, 2005).
Grossly immoral conduct
Immoral conduct has been defined as that conduct
which is wilful, flagrant, or shameless, and wwhich
shows a moral indifference to the opinion of the good
and respectable members of the community. (Arciga
v. Maniwang, A.M. No. 1608, August 14, 1981)
Moral turpitude
It is defined as “everything that is done contrary to
justice, honesty, modesty, or good morals; an act of
baseness, vileness, or depravity in the private and
social duties which a man owes his fellowmen, or to
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society in general, contrary to the accepted and
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 LEGAL AND JUDICIAL ETHICS
customary rule of right and duty between man and
woman, or conduct contrary to justice, honesty
modesty, or good morals (Soriano v. Dizon, A. C. No.
6792, January 25, 2006).
NOTE: In order to hold a lawyer amenable to
disbarment by reason of his or her having committed
a crime involving moral turpitude, it is not enough to
show that there is a pending case involving moral
turpitude against him or her, because Section 27 of
Rule 138 expressly requires that he or she must have
been found by final judgment guilty of the crime
involving moral turpitude (Interadent Zahntechnik v.
Atty. Francisco-Simbillo, A.C. No. 9464, August 24,
2016).
Lawyer’s misconduct committed prior and after
admission to the bar and its effects
1. Prior to admission to the bar - acts of misconduct
prior to admission include those that indicate that
at the time the lawyer took his oath, he did not
possess the required qualifications for
membership in the bar.
2. After admission to the bar - those which cause loss
of moral character on his part or involve violation
of his duties to the court, his client, to the legal
profession and to the public.
Proceedings in Disbarment
1. Initiated by the Supreme court motu proprio or by
the IBP, or upon verified complaint by any person
filed with the Supreme Court or an IBP Chapter
2. If complaint is prima facie meritorious, referred
to the IBP, the Solicitor General, any officer of the
Court or a judge of a lower court
3. IBP Board of Governors assigns complaint to
Commission on Bar Discipline (CBD).
4. CBD will assign complaint to a Commissioner or
group Commissioners.
5. If complaint found meritorious, Commissioner(s)
will require respondent to file an answer.
6. Commissioner will conduct hearing in which
respondent is accorded due process.
7. After hearing, Commissioner(s) will submit
Report and Recommendation to IBP Board of
Governors.
8. Board of Governors will render decision, either
exonerating the respondent and dismissing the
case, or imposing a sanction less than suspension,
or recommending suspension or disbarment to
the Supreme Court.
Exoneration may be appealed by the complainant
to the Supreme Court. Sanction of less than
suspension or disbarment may be appealed by
the respondent to the Supreme Court. Either one
may file a motion for reconsideration with the IBP
Board before appealing.
9. Supreme Court renders decision, by division if
penalty is fine of P10,000 less and/or suspension
for one year or less, and by the court en banc, if
penalty is fine of more than P10,000.00 and/or
suspension for more than one year, or
disbarment.
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
BAR MATTER NO. 1645 (OCTOBER 13, 2015)
AMENDMENT OF SEC. 1, RULE 139-B OF THE ROC
(AMENDMENT OF B.M 1960)
Proceedings for disbarment, suspension or discipline
of attorneys may be taken by the:
1. Supreme Court motu proprio; or
2. Upon the feeling of a verified complaint of any
person before the Supreme Court of the
Integrated Bar of the Philippines.
NOTE: The complaint shall state clearly and
concisely the facts complained of and shall be
supported by affidavits of persons having
personal knowledge of the facts therein alleged
and/or by such documents as may substantiate
said facts.
NOTE: By virtue of B.M. No. 1645, the IBP has no
power to dismiss complaint against lawyers. It
may only recommend the dismissal of such
complaints as the power to dismiss complaints
against lawyers is solely reserved to the Supreme
Court.
DISBARMENT PROCEEDINGS BEFORE THE IBP
The IBP shall forward to the Supreme Court for
appropriate disposition all complaints for
disbarment, suspension and discipline filed against
incumbent Justices of the Court of Appeals,
Sandiganbayan, Court of Tax Appeals and judges of
lower courts, or against lawyers in the government
service whether or not they are charged singly or
jointly with other respondents, and whether or not
such complaint deals with acts unrelated to the
discharge of their official functions.
If the complaint is filed before the IBP, six (6) copies
of the verified complaint shall be filed with the
Secretary of the IBP or the Secretary of any of its
chapter who shall forthwith transmit the same to the
IBP Board of Governors for assignment to an
investigator.
Q: Atty. D was required by Judge H of the RTC of
Manila to show cause why he should not be
punished for contempt of court for shouting
invectives at the opposing counsel and harassing
his witness. Assuming that there was sufficient
cause or ground, may Judge H suspend Atty. D
from the practice of law? If Judge H finds that the
actuations of Atty. D are grossly unethical and
unbecoming of a member of the bar, may Judge H
disbar Atty. D instead? Explain your answer.
(2014 Bar)
A: No, Judge H cannot suspend nor disbar Atty. D.
Proceedings for disbarment, suspension or discipline
of attorneys may be taken only by the Supreme Court
motu proprio, or by the Integrated Bar of the
Philippines upon the verified complaint of any
person.
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Discipline of Filipino lawyers practicing abroad
Q: Atty. Forma is a member of the Philippine Bar.
He went to New York City, took the New York
State Bar, and passed the same. He then practiced
in New York City. One of his American clients filed
a case for disbarment against him for pocketing
the money which was entrusted to him as
payment for the filing fee and other incidental
expenses of his damage suit. Atty. Forma was later
disbarred for dishonesty. Disheartened, Atty.
Forma came back to the Philippines and practiced
as a lawyer. Will his disbarment in New York be
used against him for purposes of disbarment
proceedings here in the Philippines? (2014 Bar)
A: Yes. If the Filipino lawyer is disbarred from the
practice of law by a competent court in a foreign
jurisdiction where he has been admitted as an
attorney, such disbarment can be a ground for
disbarment in the Philippines provided that the cause
for disbarment is included in Section 27, Rule 138 of
RRC. The pocketing of money entrusted to him may
constitute deceit which is a ground for discipline and
disbarment.
Desistance
A disbarment proceeding may proceed regardless of
interest or lack of interest of the complainant (Rayos-
Ombac v. Rayos, A.C. No. 2884, January 28, 1998). The
withdrawal of a disbarment case against a lawyer
does not terminate or abate the jurisdiction of the IBP
and of the Court to continue an administrative
proceeding against a lawyer-respondent as a member
of the Philippine Bar (Quianchon v. Atty. Ramos, A.C.
No. 9317, June 4, 2014).
Q: Arabella filed a complaint for disbarment
against her estranged husband Atty. P on the
ground of immorality and use of illegal drugs.
After Arabella presented evidence and rested her
case before the Investigating Commissioner of the
IBP Committee on Bar Discipline, she filed an
Affidavit of Desistance and motion to dismiss the
complaint, she and her husband having reconciled
for the sake of their children. You are the
Investigating Commissioner of the IBP. Bearing in
mind that the family is a social institution which
the State is duty-bound to preserve, what will be
your action on Arabella’s motion to dismiss the
complaint? (2010 Bar)
A: I would still deny the motion to dismiss. The
general rule is that no investigation shall be
interrupted or terminated by reason of desistance,
settlement, compromise, restitution, withdrawal of
charges or failure of complainant to prosecute the
same unless the SC motu proprio or upon
recommendation of the IBP Board determines that
there is no compelling reason to continue with the
proceedings. An affidavit of desistance will have no
effect on it, being a sui generis proceeding.
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
RE-ADMISSION TO THE BAR
The objective of a disciplinary case is not so much to
punish the individual attorney as to protect the
dispensation of justice by sheltering the judiciary and
the public from the misconduct or inefficiency of offi-
cers of the court. Restorative justice, not retribution,
is the goal in disciplinary proceedings.
Whether or not the applicant shall be reinstated rests
on the discretion of the court.
In a petition for reinstatement to the practice of law,
the Court will take into consideration his or her
character and standing prior to the disbarment, the
nature and character of the charge/s for which he or
she was disbarred, his or her conduct subsequent to
the disbarment, and the time that has elapsed in
between the disbarment and the application for
reinstatement (Que v. Atty. Rivera, Jr., A.C. No. 7054,
November 11, 2014).
Guidelines to be observed in lifting an order of
suspension of a lawyer
1. After a finding that the respondent lawyer must
be suspended from the practice of law, the Court
shall render a decision imposing the penalty.
2. Unless the Court explicitly states that decision is
immediately executory upon receipt thereof, the
respondent has 15 days within which to file a
motion for reconsideration thereof. Denial of the
motion for reconsideration shall render the
decision final and executory.
3. Upon expiration of the period of suspension, the
respondent shall file a Sworn Statement with the
Court through the Office of the Bar Confidant
stating therein that he or she has desisted from
the practice of law and has not appeared in any
court during the period of his or her suspension.
4. Copies of the sworn statement shall be furnished
the Local Chapter of the IBP and to the Executive
Judge of the courts where he or she has pending
cases and/or has appeared as counsel.
5. The Sworn Statement shall be considered as
proof of respondent’s compliance with the order
of suspension.
6. Any finding or report contrary to the statements
made by the lawyer under oath shall be ground
for imposition of a more severe punishment, or
disbarment, as may be warranted (Maniago v.
Atty. De Dios, A.C. No. 78472, March 30, 2010).
Lifting of Suspension
The lifting of a lawyer’s suspension is NOT
AUTOMATIC upon the end of the period stated in the
Court’s decision, and an order from the Court lifting
the suspension at the end of the period is necessary in
order to enable him to resume the practice of his
profession.
LAWYERS WHO HAVE BEEN DISBARRED
Effect of reinstatement: Wipes out the restrictions
and disabilities resulting from a previous disbarment
21
(Cui v. Cui, G.R. No. L-18727, August 31, 1964).
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 LEGAL AND JUDICIAL ETHICS
Prior to actual reinstatement, the lawyer will be
required to take anew the lawyer’s oath and sign once
again the roll of attorneys after paying the requisite
fees (Funa, 2009).
Requirements for judicial clemency for disbarred
lawyers and judges (RTAPO)
1. There must be proof of remorse and reformation.
2. Sufficient time must have elapsed 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 the legal scholarship and the
development of the legal system), as well as
potential for public service.
5. There must be other relevant factors and
circumstances that may justify clemency.
Executive Pardon Granted by the President
If during the pendency of disbarment proceeding the
respondent was granted executive pardon, the
dismissal of the case on that sole basis will depend on
whether the executive pardon is absolute or
conditional.
1. Absolute or unconditional pardon - the disbarment
case will be dismissed.
2. Conditional pardon - the disbarment case will NOT
be dismissed on the basis thereof.
To be reinstated, there is still a need for the filing of
an appropriate petition with the Supreme Court.
Resumption of Practice of Law (2013 Bar)
Before a lawyer who reacquires Filipino citizenship
pursuant to R.A. 9225 can resume his law practice, he
must first secure from the SC the authority to do so,
conditioned on:
1. The updating and payment in full of the annual
membership dues in the IBP;
2. The payment of professional tax;
3. The completion of at least 36 credit hours of
mandatory continuing legal education, this is
especially significant to refresh the
applicant/petitioner’s knowledge of Philippine
laws and update him of legal developments; and
4. The retaking of the lawyer’s oath which will not
only remind him of his duties and responsibilities
as a lawyer and as an officer of the Court, but also
renew his pledge to maintain allegiance to the
Republic of the Philippines.
MANDATORY CONTINUING LEGAL EDUCATION
State the aims and objectives sought to be
accomplished by MCLE.
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
Continuing legal education is required of members of
the IBP to ensure that throughout their career, they
keep abreast with law and jurisprudence, maintain
ethics of the profession and enhance the standards of
practice of law.
Requirements of completion of MCLE
Members of the IBP, unless exempted under Rule 7,
shall complete every 3 years at least 36 hours of
continuing legal education activities. The 36 hours
shall be divided as follows:
1. 6 hours – legal ethics
2. 4 hours – trial and pretrial skills
3. 5 hours – alternative dispute resolution
4. 9 hours – updates on substantive and procedural
laws and jurisprudence
5. 4 hours – legal writing and oral advocacy
6. 2 hours – international law and international
conventions
7. Remaining 6 hours – such other subjects as may
be prescribed by the Committee on MCLE
Non-compliance of the MCLE
1. Failure to complete education requirement
within the compliance period;
2. Failure to provide attestation of compliance or
exemption;
3. Failure to provide satisfactory evidence of
compliance (including evidence of exempt status)
within the prescribed period;
4. Failure to satisfy the education requirement and
furnish evidence of such compliance within 60
days from receipt of non-compliance notice;
5. Failure to pay non-compliance fee within the
prescribed period; or
6. Any other act or omission analogous to any of the
foregoing or intended to circumvent or evade
compliance with the MCLE requirements.
Consequences of non-compliance (2014 Bar)
A member who fails to comply with the requirements
after the 60-day period shall be listed as delinquent
member by the IBP Board of Governors upon
recommendation of the Committee on MCLE.
A lawyer who teaches major subjects in law school for
8 years is not exempt from MCLE, while a professor
who teaches for 30 years not in College of Law is also
not exempt. (2012 Bar)
Classes of credits
1. Participatory credit – Attending approved
education activities like seminars, conventions,
symposia, and the like; speaking or lecturing, or
assigned as panelist, reactor, or commentator, etc.
in approved education activities; teaching in law
school or lecturing in bar review classes.
2. Non-participatory – Preparing, as author or co-
author, written materials (article, book or book
review) which contribute to the legal education of
the author member, which were not prepared in
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the ordinary course of his practice or
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 UST LAW PRE-WEEK NOTES 2018
employment; editing a law book, law journal or
legal newsletter.
Persons exempted from the MCLE
1. President and Vice-President, Secretaries and
Undersecretaries of Executive Departments
2. Senators and Members of the House of
Representatives
3. Chief Justice and Associate Justices of the
Supreme Court, incumbent and retired members
of the judiciary, incumbent members of the
Judicial and Bar Council, incumbent court lawyers
covered by the Philippine Judicial Academy
4. Chief State Counsel, Chief State Prosecutor, and
Assistant Secretaries of the Department of Justice
5. Solicitor General and Assistant Solicitor General
6. Government Corporate Counsel, Deputy an
Assistant Government Corporate Counsel
7. Chairmen and Members of Constitutional
Commissions
8. The Ombudsman, over-all Deputy Ombudsman,
Deputy Ombudsman and Special Prosecutor of
the Office of the Ombudsman
9. Heads of government agencies exercising quasi-
judicial functions
10. Incumbent deans, bar reviewers and professors
of law who have teaching experience for at least
ten years in an accredited law school
11. The Chancellor, Vice-Chancellor and members of
the Corps of Professors and Professorial
Lecturers of the Philippine Judicial Academy
12. Governors and mayors
13. Those who are not in law practice, private or
public
14. Those who have retired from law practice
approved by the IBP Board of Governor
15. Good cause for exemption from or modification of
requirement, member may file a verified request
(such as physical disability, illness, post-graduate
study abroad, proven expertise in law, etc.) from
compliance with or modification of any of the
requirements.
Consequences of non-compliance
A member who fails to comply with the requirements
after the 60-day period shall be listed as delinquent
member by the IBP Board of Governors upon
recommendation of the Committee on MCLE.
NOTARIAL PRACTICE
Effect of notarized document
Notarization is not an empty, meaningless, and
routinary act. Notarization converts a private
document to a public document, making it admissible
in evidence without further proof of its authenticity. A
notarial document is, by law, entitled to full faith and
credit upon its face; for this reason, notaries public
must observe with utmost care the basic
requirements in the performance of their duties.
(Gaddi v. Velasco, A.C. No. 8637, September 15, 2014).
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
GR: An irregular notarization merely reduces the
evidentiary value of a document to that of a private
document, which requires proof of its due execution
and authenticity to be admissible as evidence.
XPN: A pleading required to be verified but lacks a
proper verification shall be treated as an unsigned
pleading. (i.e. petitions for certiorari, prohibition, and
mandamus)
In the case of De Lima v. Judge Guerrero, the Court
said that when petitioner failed to sign the
Verification and Certification against Forum Shopping
in the presence of the notary, she has likewise failed
to properly swear under oath the contents thereof,
thereby rendering false and null the jurat and
invalidating the Verification and Certification against
Forum Shopping. (G.R. No. 229781, October 10, 2017)
Qualifications
1. Citizen of the Philippines
2. Over 21 years of age
3. Resident of the Philippines for at least 1 year
4. Maintains a regular place of work in the city or
province where the commission is to be issued,
5. Member of the Philippine bar in good standing
6. Has not been convicted in the first instance of a
crime involving moral turpitude.
Term of office: Two (2) years, commencing from the
first day of January of the year in which the
commission was issued.
Jurisdiction of Notary Public: Territorial
jurisdiction of the commissioning court.
Place of notarization: Regular place of work, except:
1. public office, convention halls, and similar places
where oaths of office may be administered,
2. public function areas in hotels and similar places
for the signing of documents or instruments
requiring notarization,
3. hospitals and other medical institutions where a
party to an instrument is confined for treatment.,
4. any place where a party to an instrument is under
detention.
The “regular place of work or business” refers to a
stationary office in the city or province wherein the
notary public renders legal and notarial services.
NOTE: Section 9 of the 2004 Rules on Notarial
Practice provides that a “Notary Public” refers to any
person commissioned to perform official acts under
these rules. A notary public’s secretary is obviously
not commissioned to perform the official acts of a
notary public (Atty. Angeles, Jr. v. Atty. Bagay, A.C. No.
8103, December 3, 2014).
Authority of judges to notarize
MTC Judges: MTC and MCTC judges may act as
notaries public ex-officio in the notarization of
documents connected only with the exercise of their
official functions and duties. They may not, as
23
notaries public ex-officio, undertake the preparation
TEAM BAROPS
ACADEMICS COMMITTEE 2018
 LEGAL AND JUDICIAL ETHICS

and acknowledgment of private documents, contracts e. fails to submit his notarial register, when
and other acts of conveyances which bear no direct filled, to the Executive Judge;
relation to the performance of their functions as f. fails to make his report to the Executive Judge
judges. within a reasonable time, concerning the
performance of his duties, as may be
RTC Judges: No judge or other official or employee of required by the Judge;
the superior courts shall engage in private practice as g. fails to require the presence of a principal at
a member of the bar or give professional advice to the time of a notarial act;
clients. Notarization of documents is considered a h. fails to identify a principal on the basis of
practice of law. personal knowledge or competent evidence;
i. executes a false or incomplete certificate;
Commission j. knowingly perform or fails to perform any
other act prohibited or mandated by the
A notarial commission may be issued by an Executive Rules;
Judge to any qualified person who submits a petition k. commits any other dereliction or act which in
in accordance with the Rules on Notarial Practice the judgment of the Executive Judge
constitutes good cause for revocation of
Commissioned notary public is enjoined from commission or imposition of administrative
performing a notarial act unless the affiant is: sanction
1. in his presence at the time of the notarization;
and A notary public is empowered to perform the
2. personally known to him or otherwise identified following notarial acts:
by him through competent evidence of identity as
defined by the Rules. 1. Acknowledgments;
2. Oaths and affirmations;
Q: Enumerate the instances when a Notary Public 3. Jurats;
may authenticate documents without requiring the 4. Signature witnessing;
physical presence of the signatories. (2010 Bar) 5. Copy certifications; and
6. Any other act authorized by these rules
A:
1. If the signatory is old or sick or otherwise unable A notary public is authorized to certify the affixing of
to appear, his presence may be dispensed with if a signature by thumb or other mark on an instrument
one credible witness not privy to the instrument or document presented for notarization. Also, he is
and who is known to the notary public, certifies authorized to sign on behalf of a person who is
under oath or affirmation the identity of the physically unable to sign or make a mark on an
signatory. instrument or document. (1995 Bar)
2. If two credible witnesses neither of whom is privy
to the instrument, not known to the notary public Acknowledgment v. Jurat
but can present their own competent evidence of
identity of the signatory. ACKNOWLEDGMENT JURAT
3. In cases of copy certification and issuance of Act of one who has That part of an
certified true copies. executed a deed, in going to affidavit in which the
some competent officer or notary public or
Expired Commission court and declaring it to be officer certifies that
his act or deed the instrument was
A notary public may file a written application with the sworn to before him.
Executive Judge for the renewal of his commission
within 45 days before the expiration thereof. Failure The notary public or officer It is not part of a
to file said application will result in the deletion of the taking the pleading but merely
name of the notary public in the register of notaries acknowledgment shall evidences the fact
public and may only be reinstated therein after he is certify that the person that the affidavit was
issued a new commission acknowledging the properly made.
instrument or document is
Revocation of Commission known to him and he is the
same person who executed
Executive judge may revoke commission: it and acknowledged that
1. For any ground for which an application for a the same is his free act and
commission may be denied; deed.
2. Where the notary public – Two-fold purpose: To Purpose: Gives the
a. fails to keep a notarial register; authorize the deed to be document a legal
b. fails to make a proper entry in his notarial given in evidence without character.
register; further proof of its
c. fails to send a copy of his entries to the execution, and, to entitle it
Executive within10 days of the following to be recorded.
month;
d. fails to affix to acknowledgments date of Where used: Where used:
24

expiration of his commission; 1. To authenticate an 1. Affidavits;

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

FACULTY OF CIVIL LAW ACADEMICS COMMITTEE 2018
 UST LAW PRE-WEEK NOTES 2018

agreement between two or 2. Certifications; (Lingan v. Atty. Calibaquib, A.C. No. 5377, June 15,
more persons; or 3. Whenever the 2006).
2. Where the document person executing
contains a disposition of makes a Where the notary public admittedly has personal
property. statement of facts knowledge of a false statement or information
or attests to the contained in the instrument to be notarized, yet
truth of an event, proceeds to affix the notarial seal on it, the Court
under oath. must not hesitate to discipline the notary public
E.g. The acknowledgment E.g. An affidavit accordingly as the circumstances of the case may
in a deed of lease of land. subscribed before a dictate. Otherwise, the integrity and sanctity of the
notary public or notarization process may be undermined, and public
public official confidence in notarial documents diminished (De
authorized for the Jesus v. Sanchez-Malit, A.C. No. 6470, July 8, 2014).
purpose.
Punishable acts under Notarial Practice Law
Limitations to the performance of notarial acts
1. Acts or otherwise impersonates a notary public;
A person shall not perform a notarial act if the person 2. Obtains, conceals, defaces, or destroys the seal,
involved as signatory to the instrument or document notarial register, or official records of a notary
is: public; and
3. Solicits, coerces, or in any way influences a notary
1. Not in the notary's presence personally at the public to commit official misconduct to be
time of the notarization; and notarized.
2. Not personally known to the notary public or
otherwise identified by the notary public through JUDICIAL ETHICS
competent evidence of identity as defined by the
Rules on Notarial Practice
3. The document is blank or incomplete; The branch of moral science which treats of the right
4. An instrument or document is without and proper conduct to be observed by all judges in
appropriate notarial certification trying and deciding controversies brought before
them for adjudication and which conduct must be
Instances when Notary public may refuse to notarize: demonstrative of impartiality, integrity, competence,
independence and freedom from improprieties. This
1. The notary knows or has good reason to believe freedom from improprieties must be observed in both
that the notarial act or transaction is unlawful or the public and private life of a judge who is the visible
immoral; representation of the law (Pineda, 2009)
2. The signatory shows a demeanor which
engenders in the mind of the notary public SOURCES
reasonable doubt as to the former's knowledge of
the consequences of the transaction requiring a Two main sources of judicial conduct:
notarial act;
3. In the notary's judgment, the signatory is not a. New Code of Judicial Conduct for the Philippine
acting of his or her own free will Judiciary (NCJC); and
4. If the document or instrument to be notarized is b. Code of Judicial Conduct (CJC).
considered as an improper document by the
Rules on Notarial Practice. New Code of Judicial Conduct for the Philippine
Judiciary v. Code of Judicial Conduct
A notary public is disqualified to perform notarial act
when he: NCJC CJC
Focuses on the Concerned primarily
1. Is a party to the instrument or document that is to institutional and with the institutional
be notarized; personal independence of the
2. Will receive, as a direct or indirect result, any independence of judiciary.
commission, fee, advantage, right, title, interest, judicial officers
cash, property, or other consideration, except as Contains eight norms Contained three
provided by the Rules on Notarial Practice and by of conduct that judges guidelines explaining
law; or “shall follow” what judges “should
3. Is a spouse, common-law partner, ancestor, do”
descendant, or relative by affinity or * Canon 1 of the 1989
consanguinity of the principal within the fourth Code created a weaker
civil degree mandate.

Notary public is personally accountable for all entries THE NEW CODE OF JUDICIAL CONDUCT
in his notarial register. They cannot be relieved of FOR THE PHILIPPINE JUDICIARY
responsibility for the violation of the aforesaid (BANGALORE DRAFT)
25

sections by passing the buck to their secretaries (A.M. NO. 03-05-01)

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

FACULTY OF CIVIL LAW ACADEMICS COMMITTEE 2018
 LEGAL AND JUDICIAL ETHICS
The New Code of Judicial Conduct (NCJC) for the
Philippine Judiciary supersedes the Canons of
Judicial Ethics and the Code of Judicial Conduct.
Provided, however, that in case of deficiency or
absence of specific provisions in this New Code, the
Canons of Judicial Ethics and Code of Judicial Conduct
shall be applicable in a suppletory character (2007,
2009 Bar).
This was adopted from the universal declaration of
standards for ethical conduct embodied in the
Bangalore Draft as revised at the Round Table
Conference of Chief Justices at the Hague.
It is founded upon a universal recognition that a
competent, independent and impartial judiciary is
essential if the courts are to fulfill their role in
upholding constitutionalism and the rule of law; that
public confidence in the judicial system and in the
moral authority and integrity of the judiciary is of
utmost importance in a modern democratic society;
and that it is essential that judges, individually and
collectively, respect and honor judicial office as a
public trust and strive to enhance and maintain
confidence in the judicial system.
Duties of a magistrate that will bolster the
public’s confidence in the judicial system
1. Duty to be above reproach and to appear above
reproach (NCJC, Sec.1, Canon 2)
2. Duty to be impartial (NCJC, Canon 3)
3. Duty to avoid improprieties and appearance of
improprieties (NCJC, Sec. 1, Canon 4)
4. Duty of financial transparency and duty to avoid
financial conflicts of interest (NCJC, Sec. 7, Canon
4)
5. Duty to be efficient, fair and prompt (NCJC, Sec. 5,
Canon 6)
6. Duty to be free from favor, bias, or prejudice
(NCJC, Sec. 1, Canon 3).
The six (6) canons under the New Code of Judicial
Conduct for the Philippine Judiciary
1. Independence
2. Integrity
3. Impartiality
4. Propriety
5. Equality
6. Competence and Diligence
INDEPENDENCE
Canon 1
Judicial independence is a pre-requisite to the rule of
law and a fundamental guarantee of a fair trial. A
judge shall, therefore, uphold and exemplify judicial
independence in both its individual and institutional
aspects
Individual Judicial Independence focuses on each
particular case and seeks to insure the ability of the
judge to decide cases with autonomy and within the
constraints of the law while Institutional Judicial
Independence focuses on the independence of the
judiciary as a branch of the government and protects
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
judges as a class (In the Matter of the Allegations
Contained in the Columns of Mr. Amado P. Macasaet
Published in Malaya dated September 18, 19, 20 and
21, 2007).
Judges must reject pressure by maintaining
independence from, but not limited to the following:
1. Independence from public officials – the public
laid their confidence on the fact that the official is
mentally and morally fit to pass upon the merits
of their varied intentions.
NOTE: The highest degree of independence is
required of judges. He must be independent in
decision-making. He cannot consult with staff and
court officials. However, he can ask colleagues purely
academic or hypothetical questions but not to the
extent of asking them to decide a case.
Every judge must decide independently, even in
collegial court. While there may be discussions and
exchange of ideas among judges, the judge must
decide on the basis of his own, sole, judgment (Funa,
2009).
2. Independence from government as a whole –
avoid inappropriate connections with, and
influence by, the executive and legislative
branches of the government, and must also
appear to be free therefrom to a reasonable
extent
NOTE: A judge is entitled to entertain personal views
on political questions. But to avoid suspicion of
political partisanship, a judge shall not make political
speeches, contribute to party funds, publicly endorse
candidates for political office or participate in other
partisan political activities (Canon 5, Rule 5.10, Code of
Judicial Conduct).
3. Independence from family, social, or other
relationships – avoid sitting in litigation where a
near relative is a part of or counsel; be
independent from judicial colleagues (Sec. 2) and
avoid such actions as may reasonably tend to
wake the suspicion that his social or business
relations constitute an element in determining his
judicial course.
The term “judge’s family” includes:
a. Judge’s spouse
b. Son/s
c. Daughter/s
d. Son/s-in-law
e. Daughter/s-in-law
f. Other relatives by consanguinity or affinity
within the sixth civil degree, or
g. Any person who is a companion or employee
of the judge and who lives in the judge’s
household
4. Independence from public opinion – the only
guide of the official is the mandate of law.
Principle of Subjudice (2007 Bar)
26
TEAM BAROPS
ACADEMICS COMMITTEE 2018
 UST LAW PRE-WEEK NOTES 2018
A judge is prohibited from making public
statements in the media regarding a pending case
so as not to arouse public opinion for or against a
party.
It restricts comments and disclosures pertaining
to the judicial proceedings in order to avoid
prejudging the issue, influencing the court, or
obstructing the administration of justice. The
rationale for the rule is that facts should be
decided upon evidence produced in court; and
that the determination of such facts should be
uninfluenced by bias, prejudice or sympathies.
(Jill M. Tormis v. Judge Meinrado P. Paredes, A.M.
No. Rtj-13-2366 [Formerly Oca Ipi No. 113740-Rtj],
February 04, 2015)
Q: Judges of the first and second level courts are
allowed to receive assistance from the local
government units where they are stationed. This
assistance could be in the form of equipment or
allowance. Justices at the Court of Appeals in the
regional stations in the Visayas and Mindanao are
not necessarily residents thereof, hence, they
incur additional expenses for their
accommodations. Pass on the propriety of the
justices' receipt of assistance/allowance from the
local governments. (2010 Bar)
A: Section 5, Canon 1 of the New Code of Judicial
Conduct for the Philippine judiciary provides that
Judges shall be free from inappropriate connections
with, and influence by, the executive branch, and
must appear to be free therefrom to a reasonable
extent. It is a common perception that the receipt of
allowances or assistance from a local government
unit may affect the judge's ability to rule
independently in cases involving the said unit.
INTEGRITY
Canon 2
Integrity is essential not only to the proper discharge of
the judicial office, but also to the personal demeanor of
judges.
Presumption regarding judges
Judges are presumed honest and men of integrity,
unless proven otherwise.
The integrity of the judiciary rests not only upon the
fact that it is able to administer justice but also upon
the perception and confidence of the community that
people who run the system have done justice. Justice
must not be merely done but must also be seen to be
done (Panaligan v. Judge Ibay, A.M. No. TJ-06-1972,
June 21, 2006).
Note: The maintenance of the court’s integrity is not
the sole duty of the judge. It is also the duty of court
personnel to see to it that its integrity is
unblemished. Hence, a judge may summarily punish
any person including lawyers and court personnel,
for direct contempt for misbehaviour committed in
the presence of or so near a court or a judge as to
obstruct or interrupt the proceedings before the
same.
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
Q: While Judge Tuparin was in his chambers
dictating an order to a stenographer, two lawyers
who were in the courtroom waiting for the start of
the session almost knock each other as a result of
a heated argument. Tuparin came out of his
chambers and after identifying the lawyers
involved in the commotion promptly declared
them in contempt of court. Was the action of Judge
Tuparin proper?
A: No. The act committed by the two lawyers was
indirect contempt violative of the rule punishing “any
improper conduct tending directly or indirectly, to
impede, obstruct, or degrade the administration of
justice”, since the judge was then engaged in dictating
an order before the morning session was called. The
act of the two lawyers constituted obstruction of the
administration of justice, which was indirect
contempt. Accordingly, they could only be punished
after notice and hearing.
Q: After being diagnosed with stress dermatitis,
Judge Rosalind, without seeking permission from
the Supreme Court, refused to wear her robe
during court proceedings. When her attention
was called, she explained that whenever she
wears her robe she is reminded of her heavy
caseload, thus making her tense. This, in turn,
triggers the outbreak of skin rashes. Is Judge
Rosalind justified in not wearing her judicial
robe? Explain. (2009 Bar)
A: Judge Rosalind is not justified. In Chan v.
Majaducon, the Supreme Court emphasized that the
wearing of robes of judges as required by Admin.
Circular No. 25, dated June 9, 1989, serves the dual
purpose of heightening public consciousness on the
solemnity of judicial proceedings and in impressing
upon the judge the exacting obligations of his office.
The robe is part of the judge’s appearance and is as
important as a gavel. The Supreme Court added while
circumstances, such as medical condition claimed by
the respondent judge, may exempt one from
complying with AC No. 25, the judge must first secure
the Court’s permission for such exemption.
Q: Justice Mariano Del Castillo was charged with
plagiarism, twisting of cited materials, and gross
neglect in connection with the decision he wrote
for the court in Vinuya v. Romulo. Petitioners,
members of the Malaya Lolas Organization, seek
reconsideration of the decision of the Court dated
October 12, 2010 that dismissed the said
complaint. Petitioners claim that the Court has by
its decision legalized or approved of the
commission of plagiarism in the Philippines.
Should the respondent justice be held guilty for
plagiarism?
A: NO. A judge writing to resolve a dispute, whether
trial or appellate, is exempted from a charge of
plagiarism even if ideas, words or phrases from a law
review article, novel thoughts published in a legal
periodical or language from a party’s brief are used
without giving attribution. Thus, judges are free to
use whatever sources they deem appropriate to
27
resolve the matter before them, without fear of
TEAM BAROPS
ACADEMICS COMMITTEE 2018
 LEGAL AND JUDICIAL ETHICS
reprisal. This exemption applies to judicial writings
intended to decide cases for two reasons: the judge is
not writing a literary work and, more importantly,
the purpose of the writing is to resolve a dispute.
As a result, judges adjudicating cases are not subject
to a claim of legal plagiarism (In re: charges A.M. No.
10-7-17-SC of the plagiarism etc., against Associate
Justice Mariano C. Del Castillo, Feb 8, 2011)
IMPARTIALITY
Canon 3
Impartiality is essential to the proper discharge of the
judicial office. It applies not only to the decision itself
but also to the process by which the decision is made.
Principle of cold neutrality of an impartial judge
A judge should not only render just, correct, and
impartial decision but should do so in a manner free
from suspicion as to his fairness, impartiality and
integrity. This is an indispensable requisite of due
process (Rallos v. Gako, A.M. No.RTJ-98-1484, March
17, 2000).
Q: A Petition for Prohibition was filed against
Mayor A by the market stall owners to enjoin the
mayor from demolishing the public market. The
case was raffled before the sala of Judge Jacinto.
During the hearing, Mayor A stepped out of the
courtroom to take a call and exited thru the door
used by the judge and the court employees. The
mayor did not speak to anyone, not even his
lawyers before leaving the courtroom; yet, Judge
Jacinto suddenly explained that the Mayor had to
excuse himself for an important appointment.
Consequently, an administrative complaint was
filed against the judge. Will it prosper?
A: Yes, it will prosper. The New Code of Judicial
Conduct for the Philippine Judiciary mandates that
judges must not only maintain their independence,
integrity and impartiality; they must also avoid any
appearance of impropriety or partiality, which may
erode the people's faith in the Judiciary.
The Judge, instead of reprimanding Mayor A for
leaving the court without permission, appeared to
have been the advocate of the same by explaining that
Mayor A has to attend an important appointment. It
was the Mayor’s lawyer, and not respondent judge,
who had the duty of explaining why the mayor left the
courtroom. He therefore gave petitioners reason to
doubt his integrity and impartiality. (Ascaño, Jr. et al.,
v. Judge Jacinto, A.M. No. RTJ-15-2405, January 12,
2015)
Note: Degree of proof required to prove bias on the
part of the judge is clear and convincing evidence.
Extra-judicial source rule
It means that the decision is based on some influence
other than the facts and law presented in the
courtroom.
Q: In a murder trial, Judge T asked searching
questions of all the witnesses for the accused
prompting Atty. O, counsel the accused, to request
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
Judge T to desist from acting as counsel for the
prosecution. The Judge, however, reminded Atty.
O that she wanted to determine whether the
accused was guilty of the crime charged. Is it
proper for Judge T to take an active part on the
examination of the accused’s witnesses? (1996
Bar)
A: No, it is not proper. The intervention of the judge in
a case must be done with considerable
circumspection. It must be done sparingly and not
throughout the trial, which will have the effect of or
will tend to build or bolster the case for one of the
parties. The reason for this rule is that the judge
should not only be impartial but also appear to be
impartial.
Judges shall, so far as is reasonable, so conduct
themselves as to minimize the occasions on which it
will be necessary for them to be disqualified from
hearing or deciding cases.
NOTE: In disposing of a criminal case, a judge should
avoid appearing like an advocate for either party. It is
also improper for the judge to push actively for
amicable settlement against the wishes of the
complainant. A judge’s unwelcome persistence makes
the judge vulnerable to suspicions of favoritism.
(Montemayor v. Bermejo, Jr., A.M. No.MTJ-04-1535,
March 12, 2004)
Inhibition
An act when a judge personally prevents himself from
taking cognizance of the case.
Meaning of “duty to sit”
It means that a judge must ensure that he will not be
unnecessarily disqualified from a case. A judge
cannot inhibit himself as he pleases. A decision to
inhibit must be based on good, sound or ethical
grounds, or for just and valid reasons. It is not enough
that a party cast some tenuous allegations of
partiality at the judge.
Rule of necessity
It states that a judge is not disqualified to sit in a case
where there is no other judge available to hear and
decide the case. Furthermore, when all judges will be
disqualified as a result, it will not be permitted to
destroy the only tribunal with the power in the
premises. The doctrine operates on the principle that
a basic judge is better than no judge at all. It is the
duty of the disqualified judge to hear and decide the
case regardless of objections or disagreements.
(Parayno vs. Meneses, G.R. No. 112684, April 26,
1994)
Q: After the pre-trial of a civil case for replevin,
Judge D advised B’s counsel to settle the case
because according to Judge D, his initial
assessment of the case shows that B’s evidence is
weak.
28
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ACADEMICS COMMITTEE 2018
 UST LAW PRE-WEEK NOTES 2018
a. Did Judge D commit an act of impropriety?
Explain
b. What remedy or remedies may be taken by B’s
lawyer against Judge D? Discuss Fully. (2014
Bar)
A:
a. YES, Judge D violated Canon 3, Impartiality, New
Code of Judicial Conduct for the Philippine
Judiciary. He should not make any comment that
might reasonably be expected the effect the
outcome of the proceedings or impair the
manifest fairness of the process.
b. B's lawyer can file a motion for the
disqualification of the judge under Canon 3 for
bias or prejudice based on the appearance of the
comment to a reasonable observer. A pre-trial is
not yet the complete and exhaustive
presentation of evidence of the parties.
Q: In a verified complaint, Kathy said that Judge
Florante decided a petition for correction of entry
involving the birth record of her grandson,
Joshua, who happened to be child of Judge
Florante’s daughter, Pilita. Judge Florante insisted
that he committed no wrong since the proceeding
was non-adversarial and since it merely sought to
correct an erroneous entry in the child’s birth
certificate. Is Judge Florante liable? (2011 Bar)
A: YES. Sec. 5, Canon 3 provides that: “Judges shall
disqualify themselves from participating in any
proceedings in which they are unable to decide the
matter impartially or in which it may appear to a
reasonable observer that they are unable to decide
the matter impartially. Such proceedings include, but
are not limited to instances where: “xx 6. The judge is
related by consanguinity or affinity to a party litigant
within the 6th civil degree or to counsel within the
fourth civil degree.” This is considered as a
MANDATORY INHIBITION. Strict compliance with the
rules on disqualification is required.
Q: Judge Nacy personally witnessed a vehicular
accident near his house. Later, the Reckless
Imprudence case was raffled to his sala. Is there a
valid ground for his inhibition? (2012 Bar)
A: YES, under Canon 3, Sec. 5 (a), a judge should
decide a case on the basis of the evidence presented
before him and not on extraneous matters. This
tendency will be for him to decide the case based on
his personal knowledge and not necessarily on the
basis of the evidence that will be presented. The
judge, however, is not precluded from testifying about
his personal knowledge of the case. After,
disqualifying himself, he can be a presented as a
witness in the case before the substitute judge.
PROPRIETY
Canon 4
Propriety and the appearance of propriety are essential
to the performance of all the activities of a judge
Judges shall avoid impropriety and the appearance of
impropriety in all of their activities. (Sec. 1, Canon 4,
NCJC)
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
Impropriety occurs when the conduct of a judge
creates in reasonable minds a perception that the
judge’s ability to carry out judicial responsibilities
with integrity, impartiality and competence is
impaired.
Q: After the prosecution cross-examined Sheila, a
witness for the accused, Judge Pedro asked her
ten additional questions that were so intense,
they made her cry. One question forced Sheila to
admit that her mother was living with another
man, a fact that weighed against the accused. This
prompted the latter’s counsel to move to move to
expunge the judge’s questions for building on the
prosecution’s case Did Judge Pedro commit an
impropriety? (2011 Bar)
A: YES, because he effectively deprived the defense of
its right to due process when he acted both as
prosecutor and judge.
Q: A complaint was filed against Judge Austria
alleging that the judge committed an act of
impropriety when she displayed her photographs
in a social networking website “Friendster”, some
of which showed her wearing an "off-shouldered"
attire. Judge Maranan contended that an "off-
shouldered" attire is an acceptable social outfit
under contemporary standards and is not
forbidden. Decide.
A: Judge Austria disregarded the propriety and
appearance of propriety required of her when she
posted photos of herself wearing an "off-shouldered"
suggestive dress and made this available for public
viewing. When she made this picture available for
public consumption, she placed herself in a situation
where she, and the status she holds as a judge, may be
the object of the public’s criticism and ridicule. The
act of posting her photos would seem harmless and
inoffensive had this act been done by an ordinary
member of the public. As the visible personification of
law and justice, however, judges are held to higher
standards of conduct and, thus, must accordingly
comport themselves (Lorenzana vs. Judge Austria, A.M.
No. RTJ-09-2200, April 2, 2014).
NOTE: NCJC does not prohibit a judge from joining or
maintaining an account in a social networking sites.
Section 6, Canon 4 of the New Code of Judicial
Conduct recognizes that judges, like any other citizen,
are entitled to freedom of expression. However, the
same provision also imposes a correlative restriction
on judges: in the exercise of their freedom of
expression, they should always conduct themselves in
a manner that preserves the dignity of the judicial
office and the impartiality and independence of the
Judiciary (Ibid.).
Avoiding situations or appearance of favoritism
or partiality
A: In an action to prevent the condominium
developer from building beyond ten (10) floors,
Judge Cerdo rendered judgment in favor of the
29
defendant developer. The judgment became final
TEAM BAROPS
ACADEMICS COMMITTEE 2018
 LEGAL AND JUDICIAL ETHICS
after the plaintiffs failed to appeal on time. Judge
Cerdo thereafter purchased a condominium unit
from the developer. Did Judge Cerdo commit any
act of impropriety? (2013 Bar)
A: Yes, Judge Cerdo is guilty of an act of impropriety.
It is desirable that he should, so far as reasonably
possible, refrain from all relations which would
normally tend to arouse the suspicion that such
relations warp or bias his judgment, or prevent his
impartial attitude of mind in the administration of his
judicial duties.
In the exercise of freedom of speech, belief,
association, and assembly
Q: An administrative complaint was filed against
Judge Amila because he used derogatory and
irreverent language towards the
complainant. The former in effect maliciously
besmirched the character of complainant by
calling her as “only a live-in partner of Belot” and
presenting her as an opportunist and a mistress
in an illegitimate relationship. The judge also
called her a prostitute. Likewise, the judge
accused the complainant that the complaint was
motivated by insatiable greed. Will the case
prosper?
A: YES. The court holds that Judge Amila should have
been more circumspect in his language. It is
reprehensible for a judge to humiliate a lawyer,
litigant or witness. The act betrays lack of patience,
prudence and restraint. Thus, a judge must at all
times be temperate in his language. He must choose
his words, written or spoken, with utmost care and
sufficient control. The wise and just man is esteemed
for his discernment. Pleasing speech increases his
persuasiveness (Benancillo v. Judge Amila, A.M. No.
RTJ-08-2149, March 9, 2011).
Judge X was invited to be a guest speaker during
the annual convention of a private organization
which was covered by the media. Since he was
given the liberty to speak on any topic, he
discussed the recent decision of the Supreme
Court declaring that the President is not, under
the Constitution, proscribed from appointing a
Chief Justice within two months before the
election. In his speech, the judge demurred to the
Supreme Court decision and even stressed that
the decision is a serious violation of the
Constitution. Did Judge X incur any administrative
liability? Explain. If instead of ventilating his
opinion before the private organization, Judge X
incorporated it, as an obiter dictum, in one of his
decisions, did he incur any administrative
liability? Explain. (2010 Bar)
He did not incur administrative liability. Judges, like
any other citizen, are entitled to freedom of
expression, but in exercising such rights, they shall
always conduct themselves in a manner as to
preserve the dignity of the judicial office and the
impartiality and independence of the judiciary.
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
In deciding cases, a judge is supposed to be faithful to
the law, which includes decisions of the SC. If he feels
that a doctrine enunciated by the SC is against his way
of reasoning, he may state his personal opinion but
should decide the case in accordance with the law.
The fact that Judge X ventilated his personal opinion
in an obiter dictum indicates that he did not decide
the case in his personal opinion. But still, it
undermines the authority of the SC and he may incur
administrative liability for it.
Personal, Fiduciary and Financial Interests
A judge shall refrain from financial and business
dealings that tend to reflect adversely on the court's
impartiality, interfere with the proper performance of
judicial activities, or increase involvement with
lawyers or persons likely to come before the court.
Judges shall not use or lend the prestige of the
judicial office to advance their private interests, or
those of a member of their family or of anyone else,
nor shall they convey or permit others to convey the
impression that anyone is in a special position
improperly to influence them in the performance of
judicial duties. (Sec. 8, Canon 4, NCJC)
Q: Flores, a friend of Judge Diasen wanted to sell
rice to the employees of the Makati City Hall in
which the judge’s court was located. Since Flores
did not have enough capital, Judge Diasen agreed
to lend her money out of pity. Consequently, Judge
Diasen issued a check to pay the sacks of rice to be
retailed later by Flores. Unfortunately, the check
bounced. An administrative case was filed against
the judge. Will it prosper?
A: Yes, it will prosper. Judge Diasen's act of
attempting to sell rice to his employees and to
employees of other branches was highly improper. As
a judge, he exercised moral ascendancy and
supervision over these employees. If the sale had
pushed through, he would have profited from his
position. Canon 5, Rules 5.02 and 5.03 of the Code of
Judicial Ethics on judges with regard to their own
business interests is based on the possible
interference which may be created by these business
involvements in the exercise of their judicial duties
which may tend to corrode the respect and dignity of
the courts as the bastion of justice. (Arnel Mendoza v.
Hon. Marcos C. Diasen, Jr., A.M. No. Mtj-17-1900,
August 9, 2017)
Extra-Judicial Activities of a Judge
1. Write, lecture, teach and participate in activities
concerning the law, the legal system, the
administration of justice or related matter;
2. Appear at a public hearing before an official body
concerned with matters relating to the law, the legal
system, the administration of justice or related
matters;
3. Engage in other activities if such activities do not
detract from the dignity of the judicial office or
otherwise interfere with the performance of judicial
30
duties. (Sec. 10, Canon 4, NCJC)
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 UST LAW PRE-WEEK NOTES 2018
Judges shall not practice law whilst a holder of
judicial office
Judges are prohibited from engaging in the practice of
law or giving professional advice to clients. Philippine
courts not only prohibit judges from overtly
representing clients as counsel of record, but also
from acting more subtly in a way more befitting an
advocate than a judge.
NCJC do not make any distinction in prohibiting
judges from engaging in the private practice of law
while holding judicial office. A judge who was merely
suspended and not dismissed from service is still
bound by the prohibition (Binalay v. Lelina Jr, A.M. No.
RTJ-08-2132, July 31, 2009).
Q: Judge Malanyaon was present in the hearing of
her daughter to advise her on what to do and say
during the hearing, to the point of coaching her.
Was the act of the judge considered contrary to
Section 11, Canon 4 of the NCJC, prohibiting
judges from engaging in the private practice of
law or giving professional advice to clients?
A: YES. The Court held that the judge engaged in the
private practice of law by assisting his daughter at his
wife’s administrative case, coaching his daughter in
making manifestations or posing motions to the
hearing officer, and preparing the questions that he
prompted to his daughter. The term practice of law is
not limited to the conduct of cases in court or to
participation in court proceedings, but extends to the
preparation of pleadings or papers in anticipation of
a litigation, the giving of legal advice to clients or
persons needing the same, the preparation of legal
instruments and contracts by which legal rights are
secured, and the preparation of papers incident to
actions and special proceedings (Decena v.
Malanyaon, A.M. No. RTJ-10-2217, April 8, 2013).
Q: In an extrajudicial settlement of the estate of
the late Juan Mayaman, the heirs requested Judge
Maawain, a family friend, to go over the document
prepared by a new lawyer before they signed it.
Judge Maawain agreed and even acted as an
instrumental witness. Did Judge Maawain engage
in the unauthorized practice of law? Why? (2002
Bar)
A: NO. In the case of De Castro v. Capulong, (118 SCRA
5, 1982), the Supreme Court held that a judge who
merely acted as a witness to a document and who
explained to the party waiving his rights of
redemption over mortgaged properties the
consequences thereof, does not engage himself in the
practice of law. This appears to be more applicable to
the case of Judge Maawain. He did not give
professional advice in anticipation of litigation. He
was just asked to review a deed of extrajudicial
settlement of estate. He signed merely as an
instrumental witness and not as a legal counsel.
Besides, his act was an isolated act.
Rules relating to prohibition against accepting
gifts, bequests, or loans
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
GR: Judges and members of their families shall
neither ask for nor accept, any gift, bequest, loan or
favor in relation to anything done or to be done or
omitted to be done by him or her in connection with
the performance of judicial duties. Also, judges shall
not knowingly permit court staff or others subject to
their influence, direction or authority, to ask for, or
accept, any gift, bequest, loan or favor in relation to
anything done, to be done or omitted to be done in
connection with their duties or functions.
XPN: Subject to law and to any legal requirements of
public disclosure, judges may receive a token gift,
award or benefit as appropriate to the occasion on
which it is made, provided that such gift, award or
benefit might not reasonably be perceived as
intended to influence the judge in the
performance of official duties or otherwise give
rise to an appearance of partiality.
Note: According to the Anti-Graft and Corrupt
Practices Act (R.A. 3019), unsolicited gifts or presents
of small value offered or given as a mere ordinary
token of gratitude or friendship according to local
custom or usage are allowed.
Q: Reacting to newspaper articles and verbal
complaints on alleged rampant sale of Temporary
Restraining Orders by Judge X, the Supreme Court
ordered the conduct of a discreet investigation by
the Office of the Court Administrator. Judges in
the place where Judge X is assigned confirmed the
complaints. What administrative charge/s may be
leveled against Judge X? Explain. (2010 Bar)
A: He could be charged with gross misconduct, arising
from violations of the Anti-Graft and Corrupt
Practices Act. He could also be charged with
violations of Canon 4 of the New Code of Judicial
Conduct for the Philippine Judiciary which provides
that judges and members of their families shall
neither ask for, nor accept, any gift, bequest, loan or
favor in relation to anything done or to be done or
omitted to be done by him or her in connection with
the performance of judicial duties.
EQUALITY
Canon 5
Ensuring equality of treatment to all before the courts
is essential to the due performance of the judicial office.
A judge must be able to render substantial justice and
maintain public confidence in the judicial system, by
being aware of the diversity in society. With that
awareness, a judge should not yield to first
impression, reach hasty conclusions or prejudge
matters. (Castillo v. Judge Juan, 62 SCRA 124)
Judges shall carry out judicial duties with appropriate
consideration for all persons, without differentiation
on any irrelevant ground.
Judges shall not permit court staff to differentiate
between persons concerned in a matter before the
31
judge on any irrelevant ground.
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 LEGAL AND JUDICIAL ETHICS
Judges shall require lawyers in proceedings before
the court to refrain from manifesting bias or
prejudice based on irrelevant grounds.
Q: During the hearing of a case for statutory rape
filed against X, the lawyer was asking the 6-year-
old victim to relate exactly and step by step the
sexual intercourse between her and the accused.
The lawyer was also asking questions whether at
the time of the alleged rape, the accused’s penis
was hard, and whether at the time they were
caught, the accused was still pushing and pulling
his penis inside her vagina. Should the judge allow
such questions?
A: NO. The judge shall require lawyers to refrain from
making abusive and uncalled for queries. Here,
considering the fact that the victim of rape is a child
of tender years, there is more reason to require the
lawyer to be tactful. No woman especially child of
tender years would exactly remember step by step
the sexual intercourse in the hands of the maniacal
beast. Hence, all the questions asked are excessive
(People v. Boras, G.R. No. 127495, December 22, 2000).
COMPETENCE AND DILIGENCE
Canon 6
Competence and diligence are prerequisites to the due
performance of judicial office
A judge owes it to himself and his office to know by
heart the basic legal principles and relevant doctrines.
It is highly imperative that he be conversant with
them because when a judge displays an utter lack of
familiarity with the laws and rules, he erodes the
confidence of the public in the courts. (Marie Roxanne
G. Recto v. Hon. Henry J. Trocino, Regional Trial Court,
Branch 62, Bago City, Negros Occidental, A.M. No. RTJ-
17-2508, November 7, 2017)
Q: Judge Delos Santos averred that Judge Mangino
of the MTC Tarlac approved the bail bond for
provisional liberty of the accused Santos who was
arrested and whose criminal cases were pending
in Angeles City before him. It was also made to
appear from the contents of the said bond that the
accused appeared before notary public Ancanan
in Makati City. According to the accused, she
never went to Tarlac and appeared before said
Judge Mangino. She also alleged that she never
went to Makati City and appeared before Notary
Public Ancanan. Is Judge Mangino guilty of grave
misconduct?
A: YES. Judges should be diligently acquainted with
the law and jurisprudence. As an advocate of justice
and a visible representation of the law, a judge is
expected to keep abreast with and be proficient in the
application and interpretation of the law. Here, by
merely glancing at the bail bond application, the judge
ought to know that he had absolutely no authority or
jurisdiction to approve the bail bond of the accused as
the case was pending with another court. By
approving the bail bond application, the judge failed
to exert such conscientiousness, studiousness, and
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
thoroughness expected and demanded of a judge
(Judge de los Santos v. Judge Mangino, A.M. No. MTJ-03-
1496, July 10, 2003).
Rules regarding gross ignorance of the law
A judge cannot be civilly, criminally, or
administratively liable for his official acts, no matter
how erroneous, provided he acts in good faith.
(Tumandong v. Judge Pasal, A.M. No. RTJ-16-2467,
October 18, 2017)
To constitute gross ignorance of the law, it is not
enough that the subject decision, order or actuation of
the respondent judge in the performance of his
official duties is contrary to existing law and
jurisprudence but, most importantly, he must be
moved by bad faith, fraud, dishonesty or corruption.
However, when there is persistent disregard of well-
known rules, judges not only become liable for gross
ignorance of the law, they commit gross misconduct
as well. It is then that a mistake can no longer be
regarded as a mere error of judgment, but one purely
motivated by a wrongful intent. (OCA v. Judge
Cabrerafaller et al., A.M. No. RTJ-11-2301, January 16,
2018)
Q: Ten Informations for violation of BP 22 was
filed against Alfelor for issuing 10 dishonored
checks. The 9 cases were raffled to Judge Sta. Cruz
while 1 case was raffled to Judge Diaz. Later on,
Alfelor was acquitted by Judge Sta. Cruz on the 9
counts of violation of BP 22 on the ground that the
prosecution failed to prove that Alfelor received
the demand letter notifying the dishonor of the
checks. Accordingly, Alfelor filed a Demurrer to
Evidence on the same ground for the remaining
case with Judge Diaz. Judge Diaz denied the
demurrer and convicted Alfelor, not only 1 but 10
counts of violation of BP 22. Is the judge guilty of
gross ignorance of the law?
A: Yes, Judge Diaz is guilty of gross ignorance of the
law. When a law or a rule is basic, judges owe it to
their office to simply apply the law. Anything less is
gross ignorance of the law. Here, it is obvious that the
subject criminal case in Judge Diaz's sala pertained to
only one (1) check. Had Judge Diaz been more
circumspect in reviewing the records of the case, he
could have easily noticed that glaring fact, as well as
Judge Sta. Cruz's prior order acquitting Alfelor of the
nine (9) BP Blg. 22 cases. (Alfelor v. Judge Diaz, A.M.
No. MTJ-16-1883, July 11, 2017)
Prompt disposition of cases
The honor and integrity of the judicial system is
measured not only by the fairness and correctness of
decisions rendered, but also by the efficiency with
which disputes are resolved. The mandate to
promptly dispose of cases or matters also applies to
motions or interlocutory matters or incidents
pending before the magistrate. Unreasonable delay of
a judge in resolving a pending incident is a violation
of the norms of judicial conduct and constitutes gross
32
inefficiency that warrants the imposition of an
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 UST LAW PRE-WEEK NOTES 2018

administrative sanction against the defaulting PHILJA does not authorize them to conduct mediation
magistrate (Office of the Court Administrator v. Hon. themselves (Re: Anonymous Complaints against Hon.
Rosabella M. Tormis, A.M. No. MTJ-12-1817, March 12, Dinah Evangeline Bandong, A.M. No. RTJ-17-2507,
2013). October 10, 2009)(J.DEL CASTILLO CASE).

Delay in the disposition of cases is a major culprit in DISQUALIFICATION OF JUDICIAL OFFICERS

the erosion of public faith and confidence in the
judicial system, as judges have the sworn duty to Types of disqualification
administer justice without undue delay. Thus, judges 1. Mandatory or compulsory disqualification
have been constantly reminded to strictly adhere to 2. Voluntary disqualification or inhibition
the rule on the speedy disposition of cases and
observe the periods prescribed by the Constitution Disqualification Inhibition
for deciding cases, which is three months from the There are specific The rule only
filing of the last pleading, brief or memorandum for grounds enumerated provides broad
lower courts. The judge intimated that his poor health under the rules of court basis for inhibition.
affected his pace in deciding cases. Has such been the for disqualification.
case, he should have explained his predicament to the The judge has no The rule leaves the
Court and asked for an extension of time to decide discretion; mandatory matter to the judge’s
cases. (In Re: Judge Carbonell, A.M. no. 08-5-305-RTC, sound discretion
July 9, 2013) judge on the basis of
his conscience.
Q: A judge, in order to ease his clogged docket,
would exert efforts to compel the accused in Grounds for Disqualification
criminal cases to plead guilty to a lesser offense Under the NCJC Under Rule 137 of the
and advise party litigants in civil cases, whose Rules of Court
positions appear weak, to accept the compromise 1. The judge has actual 1. When he, or his wife,
offered by the opposing party. Is the practice bias or prejudice or child is pecuniarily
legally acceptable? (1998 Bar) concerning a party interested as heir,
or personal legatee, creditor, or
A: The practice is legally acceptable as long as the knowledge of otherwise;
judge does not exert pressure on the parties and disputed evidentiary 2. When he is related to
takes care that he does not appear to have prejudged facts concerning the either party within
the case. Where a judge has told a party that his case proceedings the 6th degree of
is weak before the latter was fully heard, such was 2. The judge previously consanguinity or
considered as a ground for his disqualification served as a lawyer or affinity or to counsel
(Castillo v. Juan, 62 SCRA 124). was a material within the 4th civil
witness in the matter degree;
Judges shall not engage in conduct incompatible in controversy 3. When he has been an
with the diligent discharge of judicial duties. 3. The judge, or a executor, guardian,
member of his or her administrator,
Q: Among the many charges against Judge family, has an trustee, or counsel;
Bandong, the following were supported by economic interest in or
substantial evidence: (1) Judge Bandong’s habit of the outcome of the 4. When he has
watching television during office hours; (2) her matter in presided in an
predeliction to delegate mediation of cases to controversy; inferior court where
court personnel; and (3) her delegation to Process 4. The judge served as his ruling or decision
Server Atienza the performance of the functions executor, is subject to review,
and duties pertaining to Clerk III Febrer. Is she administrator, without the written
administratively liable? guardian, trustee or consent of the parties
lawyer in the case or
A: Judge Bandong is guilty of conduct prejudicial to matter in Note: These are
the best interest of the service. For a judge to allow an controversy, or a grounds for
activity, and an unofficial one at that, to take former associate of mandatory/compulsory
precedence over the conduct of hearings is a patent the judge served as disqualification.
derogation of Sections 1 and 2 of Canon 6 of the New counsel during their
Code of Judicial Conduct. Additionally, Judge association, or the
Bandong’s habit of watching television during office judge or lawyer was
hours violates Section 7 of the same Canon 6 which a material witness
requires Judges “not to engage in conduct therein
incompatible with the diligent discharge of judicial 5. The judge’s ruling in
duties.” a lower court is the
subject of review;
Judge Bandong’s wanton disregard and mockery of 6. The judge is related
the proper procedure in mediation of cases was by consanguinity or
tantamount to misconduct. While courts and their affinity to a party
personnel are enjoined to assist in the successful
33

litigant within the

implementation of mediation, A.M. No. 01-10-05-SC-

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

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 LEGAL AND JUDICIAL ETHICS

6th civil degree or to Confusion would result because a judge would then
counsel within the be barred from sitting in a case whenever one of his
4th civil degree; former classmates appeared. (Diaz et al., 2014)
7. The judge knows
that his or her Q: In a land registration case before Judge Lucio,
spouse or child has a the petitioner is represented by the second cousin
financial interest, as of Judge Lucio’s wife. Should Judge Lucio be
heir, legatee, disqualified? (2015 Bar)
creditor, fiduciary, or
otherwise, in the A: No because there is no mandatory ground for
subject matter in Judge Lucio to disqualify himself. The second cousin
controversy or in a of his wife, a sixth degree relative, is appearing not as
party to the a party but as counsel.
proceeding, or any
other interest that INITIATION OF COMPLAINT AGAINST JUDGES AND
could be JUSTICES
substantially
affected by the Proceedings for the discipline of judges of regular and
outcome of the special courts and justices of the Court of Appeals and
proceedings. (Sec. 5, the Sandiganbayan may be instituted:
Canon 3, NCJC)
1. Motu proprio by the Supreme Court;
A judge disqualified as XPN to compulsory 2. Upon a verified complaint filed before the
stated above may, disqualification: The Supreme Court supported by:
instead of judge may hear and
withdrawing from the decide the case despite a. Affidavit of persons who have personal
proceeding, disclose the presence of a knowledge of the facts alleged therein; or
on the records the disqualification b. Documents which may substantiate said
basis of provided the interested allegations.
disqualification. If, parties both give their 3. Anonymous complaint supported by public
based on such written consent, signed records of indubitable integrity filed with the
disclosure, the parties by them and entered Supreme Court.
and lawyers, upon the record. It has
independently of the been decided by the Q: An anonymous administrative complaint was
judge’s participation, Supreme Court that filed against Justice Pizarro for habitual gambling
all agree in writing oral consent is not in casinos. As evidence thereof, 4 pictures was
that the reason for valid, even though both attached to the complaint showing Justice Pizarro
inhibition is parties have agreed sitting at the casino tables. Justice Pizarro
immaterial or admitted in his Comment that he was indeed the
unsubstantial, the person on the photographs. He explained
judge may then however that he only played in a parlor game
participate in the fashion without big stakes and that such
proceeding. (Sec 6, indiscretion was committed by a dying man as he
Canon 3, NCJC) learned that he had a terminal cancer. Will the
anonymous complaint prosper?
Requirements for a judge to continue hearing a
case despite the existence of reasons for A: Yes, it will prosper. Although the 4 photographs
disqualifications were not considered as public records of indubitable
integrity; nevertheless, Justice Pizarro admitted that
1. The bona fide disclosure to the parties in he was the same person playing in a casino in Clark,
litigation; and Pampanga. By gambling in casinos, Justice Pizarro
2. The express acceptance by all the parties of the violated Canons 2 and 4 of the New Code of Judicial
cited reason as not material or substantial. Conduct. The Court has repeatedly reminded judges
to conduct themselves irreproachably, not only while
Q: Judge Segotier is a member of Phi Nu Phi in the discharge of official duties but also in their
Fraternity. Atty. Nonato filed a motion to personal behavior every day. A judge's personal
disqualify Judge Segotier on the ground that the behaviour outside the court, and not only while in the
counsel for the opposing party is also a member performance of his official duties, must be beyond
of the same fraternity. Judge Segotier denied the reproach, for he is perceived to be the personification
motion. Comment on his ruling. (2005 Bar) of law and justice. Thus, any demeaning act of a judge
degrades the institution he represents. (Re:
A: A judge should not be disqualified because he was Anonymous Letter-complaint [With Attached Pictures]
a classmate (or a co-member in a fraternity) of one of Against Associate Justice Normandie B. Pizarro, Court
the counsels if there is no proof that such relationship Of Appeals, A.M No. 17-11-06-CA, March 18, 2018)
results to actual bias or prejudice. To allow
disqualification would unnecessarily burden other
34

trial judges to whom the case will be assigned.

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

FACULTY OF CIVIL LAW ACADEMICS COMMITTEE 2018
 UST LAW PRE-WEEK NOTES 2018
Q: Describe briefly the procedure followed when
giving due course to a complaint against an RTC
judge. (2015 Bar)
A:
1. If the complaint is sufficient in form and
substance, a copy thereof shall be sent to the
respondent;
2. Respondent shall be required to comment
within 10 days from date of service.
3. Upon the filing of the respondent’s comment,
the Supreme Court shall refer the matter to the
Office of the Court Administrator for
evaluation, report and recommendation, or
assign the case to a Justice of the Court of
Appeals, for investigation, report and
recommendation.
4. The investigating Justice shall set a date for
the hearing and notify the parties thereof, and
they may present evidence, oral or
documentary, at such hearing.
5. The investigating Justice shall terminate the
investigation within 90 days from its
commencement, and submit his report and
recommendation to the Supreme Court within
30 days from the termination of the
investigation.
6. The Supreme Court shall take action on the
report as the facts and the law may warrant
(Rule 140).
DISCIPLINE OF MEMBERS OF JUDICIARY
The Court en banc has the power to discipline all
judges of lower courts including justices of the Court
of Appeals (Section 11, Art. VIII, 1987 Constitution).
Discipline of the Members of the Supreme Court
Justices of the Supreme Court in order to be disbarred
must first be impeached in accordance with the
Constitution.
The nature of impeachment proceedings against SC
justices is “sui generis” or “a class of its own”.
Integrity- It is a steadfast adherence to a strict moral
or ethical code. It is honesty and honorableness put
into one.
Observance of integrity in the judiciary
In the judiciary, moral integrity is more than a
cardinal virtue, it is a necessity. The exacting
standards of conduct demanded from judges are
designed to promote public confidence in the
integrity and impartiality of the judiciary. When the
judge himself becomes the transgressor of the law
which he is sworn to apply, he places his office in
disrepute, encourages disrespect for the law and
impairs public confidence in the integrity of the
judiciary itself (Lachica vs. Tormis, A.M. No. MTJ-05-
1609, September 20, 2005).
Discipline of the Members of the Lower Court
Judges, Justices of the Court of Appeals and the
Sandiganbayan
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
Judges may not be investigated under the grievance
procedure in Rule 139-B of the Rules of Court.
Complaints against judges are filed with the Supreme
Court which has administrative supervision over all
courts.
The acts of a judge in his judicial capacity are not
subject to disciplinary action. In the absence of fraud,
malice or dishonesty in rendering the assailed
decision or order, the remedy of the aggrieved party
is to elevate the assailed decision or order to the
higher court for review and correction. However, an
inquiry into a judge’s civil, criminal and/or
administrative liability may be made after the
available remedies have been exhausted and decided
with finality.
Note: It is settled that a judge may be disciplined for
acts committed prior to his appointment to the
judiciary. In fact, even the new Rule itself recognizes
this, as it provides for the immediate forwarding to
the Supreme Court for disposition and adjudication of
charges against justices and judges before the IBP,
including those filed prior to their appointment to the
judiciary (Heinz Heck vs. Judge Anthony E. Santos,
regional trial court, branch 19, Cagayan De Oro City
A.M. No. Rtj-01-1657, 23 February 2004, en banc).
Grounds for Administrative Disciplinary Action
Administrative penalties imposed on judges are both
punitive and corrective (2011 Bar).
Classifications of administrative charges
A. Serious charges
1. Bribery, direct or indirect
2. Dishonesty and violations of the Anti-Graft and
Corrupt Practices Law (R.A. 3019)
3. Gross misconduct constituting violations of the
Code of Judicial Conduct
4. Knowingly rendering an unjust judgment or
order as determined by a competent court in
an appropriate proceeding
5. Conviction of a crime involving moral
turpitude
6. Willful failure to pay a just debt
7. Borrowing money or property from lawyers
and litigants in a case pending before the court
8. Immorality
9. Gross ignorance of the law or procedure
10. Partisan political activities
11. Alcoholism and/or vicious habits
B. Less serious charges
1. Undue delay in rendering a decision or order,
or in transmitting the records of a case
2. Frequently and unjustified absences without
leave or habitual tardiness
3. Unauthorized practice of law
4. Violation of Supreme Court rules, directives,
and circulars
5. Receiving additional or double compensation
35
unless specifically authorized by law
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ACADEMICS COMMITTEE 2018
 LEGAL AND JUDICIAL ETHICS
6. Untruthful statements in the certificate of
service
7. Simple misconduct
C. Light charges
1. Vulgar and unbecoming conduct
2. Gambling in public
3. Fraternizing with lawyers and litigants with
pending case/cases in his court
4. Undue delay in the submission of monthly
reports
Quantum of evidence required: Ground for removal
of a judicial officer should be established beyond
reasonable doubt.
Q: May a judge be disciplined by the Supreme
Court based solely on a complaint filed by the
complainant and the answer of respondent judge?
If so, in what circumstances? What is the rationale
behind this power of the Supreme Court? (1996
Bar)
A: YES. A judge may be disciplined by the Supreme
Court based solely on the basis of the complaint filed
by the complainant and the answer of the respondent
judge, under the principle of res ipsa loquitor. The
Supreme Court has held that when the facts alleged in
the complaint are admitted or are already shown on
the record, and no credible explanation that would
negate the strong inference of evil intent is
forthcoming, no further hearing to establish such
facts to support a judgment as to culpability of the
respondent is necessary (In Re: Petition for dismissal
of Judge Dizon, A.M. No. 3086, May 3, 1989).
Q: Judge C was appointed MTC Judge in 1993.
Subsequently, the Judicial and Bar Council
received information that previously he had been
dismissed as Assistant City Prosecutor of Manila.
It appeared that when he applied for appointment
to the Judiciary, his answer to the question in the
personal Data Sheet - “Have you ever been retired,
dismissed or forced to resign from any
employment?" was - “Optional under Republic Act
No. 1145.” The truth is, he was dismissed for gross
misconduct as Assistant City prosecutor. May he
be dismissed as Judge? (1998 Bar)
A: Yes. By his concealment of his previous dismissal
from the public service, which the Judicial and Bar
Council would have taken into consideration in acting
on his application for appointment as a judge, he (the
judge) committed an act of dishonesty that rendered
him unfit to be appointed, and to remain, in the
Judiciary he has tarnished with his falsehood. (Re:
Inquiry on the Appointment of Judge Enrique A. Cube,
227 SCRA 193; Jose Estacion, 181 SCRA 33, Estanislao
Belan, August 6, 1998).
Sanctions for a judge found guilty of a SERIOUS
charge
Any of the following sanctions may be imposed:
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
1. Dismissal from the service, forfeiture of all or part
of the benefits as the Court may determine, and
disqualification from reinstatement or
appointment to any public office, including
government-owned or controlled corporations.
Provided, however, that the forfeiture of benefits
shall in no case include accrued leave credits;
2. Suspension from office without salary and other
benefits for more than three (3) but not
exceeding six (6) months; or
3. A fine of more than P20,000.00 but not exceeding
P40,000.00.
Sanctions for a judge found guilty of a LESS
serious charge
1. Suspension from office without salary and other
benefits for not less than one (1) nor more than
three (3) months; or
2. A fine of more than P10,000.00 but not exceeding
P20,000.00.
Sanctions for a judge found guilty of a LIGHT
charge
Any of the following sanctions shall be imposed:
1. A fine of not less than P1,000.00 but not
exceeding P10,000.00; and/or
2. Censure;
3. Reprimand; or
4. Admonition with warning
Factors to be considered in reinstatement
1. Unsullied name and service of record prior to
dismissal
2. Commitment to avoid situations that spur
suspicion of arbitrary conditions
3. Complainant mellowed down in pushing from his
removal
4. Length of time separated from service.
Other Employees of the Court
Duties of clerks in general
1. The clerk shall safely keep all records, papers,
files, exhibits and public property committed to
his charge, including the library of the court, and
the seal and furniture belonging to his office (Sec.
7, Rule 136, Rules of Court);
2. Demand that the stenographer deliver notes of
the session of the court to him immediately after
each session (Sec. 17, Rule 136, Rules of Court).
Furthermore, in the absence of the judge, the clerk
may:
1. Perform all the duties of the judge in receiving
applications, petitions, inventories, reports;
2. Issue orders and notices(Sec. 5, Rule 136, Rules of
Court)
Note: A clerk’s delayed remittance of cash collections
constitutes gross neglect of duty because this
36
omission deprives the court of interest that may be
TEAM BAROPS
ACADEMICS COMMITTEE 2018
 UST LAW PRE-WEEK NOTES 2018

earned if the amounts were to be deposited in the
authorized depository bank. SC Circular No. 13-92
requires clerks of court to withdraw interest earned
on deposits and to remit the same to the account of
the JDF within two weeks after the end of each
quarter. Delay in the remittance of court’s funds casts
a serious doubt on the concerned court employee’s
trustworthiness and integrity (OCA v. Aurora Zuniga,
A.M. No. P-10-2800, November 18, 2014).
A clerk’s falsification of an official document like the
personal data sheet required for employment in the
Judiciary is gross dishonesty, and constitutes a
serious administrative offense that warrants the
dismissal of the employee (Concerned Citizens of
Naval, Biliran v. Florante Ralar, A.M. No. P-14-3278,
October 21, 2014).
Duty of stenographer: to deliver to the clerk of
court, immediately at the close of such morning or
afternoon session, all the notes he has taken, to be
attached to the record of the case (Sec. 17, Rule 136,
Rules of Court);
Q: Abarintos, Records Officer IV of the Court of
Appeals, was charged of tampering the date of
receipt of a Petition for Review for receiving such
several minutes after office hours. She is likewise
accused of taking the ATM card of her officemate
Gilos and withdrawing therefrom P10,000.00
without the latter’s consent and knowledge. The
CCTV files of the ATM show that respondent
withdrew said amount and even paid her P2,000
as partial payment after respondent admitted to
her. Is she administratively liable?
A: Abarintos is administratively liable for taking the
ATM card of her officemate and making an
unauthorized withdrawal therefrom. It does not only
constitute grave misconduct, but amount to
dishonesty as well. As head of the Judicial Records
Division, and involved in the administration of justice,
respondent “ought to live up to the strictest standards
of honesty and integrity in public service.”
However, a recommendation that respondent’s
receipt of subject pleading several minutes after
office hours raises a presumption that she used her
office to extend a favor to a litigant is untenable.
There is simply no presumption that exists in the
Rules on Evident or in statute books. On the other
hand, it is basic that court officials are presumed to
have regularly performed their official duties (OCA v.
Abarintos, A.M. No. CA 12-26-P, August 17, 2015)(J.DEL
CASTILLO CASE).

FORMS

QUITCLAIM IN LABOR CASES

Release, Waiver and Quitclaim

KNOW ALL MEN BY THESE PRESENTS:

That I, __________________, Filipino, of legal age, a resident of __________________, and formerly employed with
__________________, do by these presents acknowledge receipt of the sum of __________________, Philippine Currency,
from _____________________ in full payment and final settlement of the (financial assistance or separation pay,
overtime pay, salary or salaries, wage or wages, commutable sick and vacation leaves, gratuities or any kind of
compensation or emoluments) due to me or which may be due to me from ____________________ under the law or
under any existing agreement with respect thereto, as well as any and all claims of whatever kind and nature
which I have or may have against ________________, arising from my employment with (and the termination of my
employment with)______________________.

In consideration of said payment, I do hereby release, discharge and waive any and all actions of whatever
nature, expected, real or apparent, which I may have against _______________, its directors, officers, employees,
agents and clients by reason of or arising from my employment with the company. I will institute no action,
whether civil, criminal, labor or administrative against _________________, its directors, officers, employees, agents
and clients. Any and all actions which I may have commenced either solely in my name or jointly with others
before any office, board, bureau, court, or tribunal against _________________, its directors, officers, employees, agents
and clients are hereby deemed and considered voluntarily withdrawn by me and I will no longer testify or
continue to prosecute said action(s).

I declare that I have read this document and have fully understood its contents. I further declare that I
voluntarily and willingly executed this Release, Waiver and Quitclaim with full knowledge of my rights under the
law.

IN WITNESS WHEREOF, I have hereunto set my hand at _____________, this ___ day of _______________, 2017.
37

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

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 LEGAL AND JUDICIAL ETHICS

_______________________
Affiant

SIGNED IN THE PRESENCE OF

_______________________ ______________________

LEASE CONTRACT

CONTRACT OF LEASE

This CONTRACT OF LEASE is made and executed at the City of _____, this day of _______________, 20____, by and
between:

(NAME OF LESSOR), of legal age, single/married to (Name of spouse if any), Filipino, and with residence and
postal address at (Address), hereinafter referred to as the LESSOR.

-AND-

(NAME OF LESSEE), of legal age, single/married to (Name of spouse if any), Filipino and with residence and
postal address at (Address), hereinafter referred to as the LESSEE.

WITNESSETH; That

WHEREAS, the LESSOR is the owner of a residential property situated at (Address of property to be leased);
hereinafter referred to as the property;

WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and the LESSEE is willing to lease the
same;

NOW THEREFORE, for and in consideration of the foregoing premises, the LESSOR leases unto the LESSEE and
the LESSEE hereby accepts from the LESSOR the property, subject to the following:

TERMS AND CONDITIONS

1. PURPOSES: That the property shall be used exclusively by the LESSEE for residential purposes only and shall
not be diverted to other uses. It is hereby expressly agreed that if at any time the property are used for other
purposes, the LESSOR shall have the right to rescind this contract without prejudice to its other rights under the
law.

2. TERM: This term of lease is for ONE (1) YEAR, or from (Date) to (Date). Upon its expiration, this lease may be
renewed under such terms and conditions as my be mutually agreed upon by both parties, provided written
notice of intention to renew the lease shall be served to the LESSOR not later than seven (7) days prior to
the expiry date of the period herein agreed upon.

3. RENTAL RATE: The monthly rental rate shall be in AMOUNT IN WORDS (P 00,000.00), Philippine Currency.
All rental payments shall be payable to the LESSOR.

4. DEPOSIT: That the LESSEE shall deposit to the LESSOR upon signing of this contract and prior to move-in an
amount equivalent to the rent for THREE (3) MONTHS or the sum of AMOUNT IN WORDS (P 00,000.00),
Philippine Currency. wherein the two (2) months deposit shall be applied as rent for the 11th and 12th months
and the remaining one (1) month deposit shall answer partially for damages and any other obligations, for
38

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utilities such as Water, Electricity, CATV, Telephone, Association Dues or resulting from violation(s) of any of the
provision of this contract.

5. DEFAULT PAYMENT: In case of default by the LESSEE in the payment of the rent, such as when the checks
are dishonored, the LESSOR at its option may terminate this contract and eject the LESSEE. The LESSOR has the
right to padlock the premises when the LESSEE is in default of payment for One (1) month and may forfeit
whatever rental deposit or advances have been given by the LESSEE.

6. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow or permit the property to be occupied the
property leased in whole or in part by any person or corporation, neither shall the LESSEE assign its rights
hereunder to any other person or entity and no right of interest thereto or therein shall be conferred on or vested
in anyone by the LESSEE without the LESSOR'S written approval.

7. PUBLIC UTILITIES: The LESSEE shall pay for its telephone, electric, cable TV, water, Internet, association
dues and other public services and utilities during the duration of the lease.

8. FORCE MAJEURE: If whole or any part of the property leased shall be destroyed or damaged by fire, flood,
lightning, typhoon, earthquake, storm, riot or any other unforeseen disabling cause of acts of God, as to render
the property during the term substantially unfit for use and occupation of the LESSEE, then the contract of lease
may be terminated, without compensation by the LESSOR or by the LESSEE by notice in writing to the other.

9. LESSOR'S RIGHT OF ENTRY: The LESSOR or its authorized agent shall after giving due notice to the LESSEE
shall have the right to enter the property in the presence of the LESSEE or its representative at any reasonable
hour to examine the same or make repairs therein or for the operation and maintenance of the building or to
exhibit the property leased to prospective LESSEE, or for any other lawful purposes which it may deem necessary.

10. EXPIRATION OF LEASE: At the expiration of the term of this lease or cancellation thereof, as herein
provided, the LESSEE will promptly deliver to the LESSOR the property leased with all corresponding keys and in
as good and tenable condition as the same is now, ordinary wear and tear expected devoid of all occupants,
movable furniture, articles and effects of any kind. Non-compliance with the terms of this clause by the LESSEE
will give the LESSOR the right, at the latter's option, to refuse to accept the delivery of the property and compel
the LESSEE to pay rent therefrom at the same rate plus Twenty Five (25) % thereof as penalty until the LESSEE
shall have complied with the terms hereof. The same penalty shall be imposed in case the LESSEE fails to leave
the property after the expiration of this Contract of Lease or termination for any reason whatsoever.

11. JUDICIAL RELIEF: Should any one of the parties herein be compelled to seek judicial relief against the other,
the losing party shall pay an amount of One Hundred (100) % of the amount clamed in the complaint as attorney's
fees which shall in no case be less than P50,000.00 pesos in addition to other cost and damages which the said
party may be entitled to under the law.

12. This CONTRACT OF LEASE shall be valid and binding between the parties, their successors-in-interest and
assigns.

IN WITNESS WHEREOF, parties herein affixed their signatures on the date and place above written.

(Name of Lessor) (Name of Lessee)

LESSOR LESSEE

Signed in the presence of:

_____________________________ ______________________________

ACKNOWLEDGEMENT
39

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

FACULTY OF CIVIL LAW ACADEMICS COMMITTEE 2018
 LEGAL AND JUDICIAL ETHICS

Republic of the Philippines)

_________________________) S.S

BEFORE ME, personally appeared:

Name CTC Number Date/Place Issued

(Name of Lessor) 10000000 February 24, 20__ / Cavite City

(Name of Lessee) 10000000 January 07, 20__ / Makati

Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged
to me that the same is their free and voluntary act and deed.

This instrument consisting of ____ page/s, including the page on which this acknowledgement is written, has been
signed on each and every page thereof by the concerned parties and their witnesses, and sealed with my notarial
seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc. No.______;
Page No. ______;
Book No.______;
Series of 20___.

COMPLAINT FOR EJECTMENT

Regional Trial Court

National Capital Region
METROPOLITAN TRIAL CCOURT
Quezon City, Branch 33

(NAME OF PLAINTIFF)
Plaintiff,
Civil Case No: 13454
- versus - For: Ejectment

(NAME OF DEFENDANT)
Defendant/
x----------------------------------------x

COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

1. PLAINTIFF is a foreign corporation organized and existing under the laws of Japan with business
address at 123 Magalong St., Quezon City; DEFENDANT is a Filipino, of legal age, married and currently resident of
456 Magilas St., Quezon City, where he may be served with summons and other pertinent processes.
40

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 UST LAW PRE-WEEK NOTES 2018

2. Plaintiff owns that property located in 123 Magalong St., Quezon City which it leased to defendant
under the terms and conditions stated in the Contract of Lease dated August 13, 1992, which contract expires on
December 31, 1993. A copy of the contract is attached as ANNEX A.

3. Upon expiration of the contract, plaintiff informed defendant of its intention not to renew the
lease as it would use the property for its business expansion; plaintiff then asked defendant to vacate the
premises. A copy of plaintiff’s letter to defendant is attached as ANNEX B.

4. Despite demand duly made and received, defendant has refused to vacate the premises and
continues to occupy the property without plaintiff’s consent. Resort to the Barangay Conciliation system proved
useless as defendant refused to appear before the Lupong Tagapamayapa. A Certification to File Action is attached
as ANNEX C.

5. Defendant’s act of dispossession has caused plaintiff to suffer material injury because of plaintiff’s
business expansion plans could not be implemented despite the arrival of machineries specifically leased for this
purpose at the rental rate of US$500 per month. Defendant’s continued occupation of the premises has also forced
plaintiff to sue and to incur legal expenses amounting to Seventy Thousand Pesos (P70,000.00).

WHEREFORE, plaintiff respectfully prays for judgment in its favour by ordering the defendant to vacate
the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the amount of
US$4,000 representing rentals on the machineries for eight (8) months and Fifty Thousand Pesos (P50,000.00) for
Attorney’s fees.

Other just and equitable reliefs are also prayed for.

Quezon City; 11 August 1995

FERNANDO T. CRUZ
Counsel for Petitioner
10 Santan St. McArthur
Malabon City
PTR # 2980543; Malabon; 1/2/02
IBP #2309843: 12/12/01
Roll # 3498; 4/1/02; Manila
MCLE Compliance No. IV-443456, 7/7/2; Manila
Mobile No. 09179585948

DEED OF ABSOLUTE SALE

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF ABSOLUTE SALE is made, executed and entered into by:

(NAME OF SELLER), of legal age, single/married to (Name of spouse if any), Filipino, and with residence and
postal address at (Address of Seller), hereinafter referred to as the SELLER

-AND-

(NAME OF BUYER), of legal age, single/married to (Name of spouse if any), Filipino and with residence and
postal address at (Address of Buyer), hereinafter referred to as the BUYER.

WITNESSETH;
41

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

FACULTY OF CIVIL LAW ACADEMICS COMMITTEE 2018
 LEGAL AND JUDICIAL ETHICS

WHEREAS, the SELLER is the registered owner of a parcel of land with improvements located at (Address of
property to be sold) and covered by Transfer Certificate of Title No. (TCT Number) containing a total area of
(Land Area of Property in Words) (000) SQUARE METERS, more or less, and more particularly described as
follows:

TRANSFER CERTIFICATE OF TITLE NO. 0000

"(Insert the technical description of the property on the title) Example: A PARCEL
OF LAND (Lot 20 Blk 54 of consolidation subdivision plan (LRC) Pcs-13265, being a
portion of the consolidation of Lots 4751-A and 4751-B (LRC) Psd-50533, Lot 3,
Psd-100703, Lot 1, Psd-150980, LRC Rec. Nos. Nos. N-27024, 51768, 89632, N-11782,
N-13466, and 21071 situated in the Bo. of San Donisio, Mun. of Paranaque, Prov. of
Rizal, Is. of Luzon. Bounded on NE, point 4 to 1 by Road Lot 22, on...to the point of
beginning; containing an area of (280) square meters more or less..."

WHEREAS, the BUYER has offered to buy and the SELLER has agreed to sell the above mentioned property
for the amount of (Amount in words) (P 000,000.00) Philippine Currency;

NOW THEREFORE, for and in consideration of the sum of (Amount in words) (P 000,000.00) Philippine
Currency, the SELLER DO HEREBY SELL, TRANSFER, and CONVEY by way of Absolute Sale unto the said BUYER,
his heirs and assigns, the parcel of land above-described together with all the improvements found thereon, free
from all liens and encumbrances of whatever nature including real estate taxes as of the date of this sale.

(NAME OF SELLER) (NAME OF BUYER)

Seller Buyer

WITH MARITAL CONSENT:

________________________ _________________________
Name of Seller's Spouse Name of Buyer's Spouse

SIGNED IN THE PRESENCE OF:

__________________________ ____________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

_____________________________ ) SS.

BEFORE ME, a Notary Public for and in the City of ___________________, personally appeared:

Name CTC Number Date/Place Issued

(Name of Seller) 10000000 Jan 15, 20__ / Angeles City

(Name of Buyer) 10000000 Jan 9, 20__ / Manila

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

This instrument, consisting of (__) pages, including the page on which this acknowledgment is written, has been
signed on the left margin of each and every page thereof by the concerned parties and their witnesses, and sealed
with my notarial seal.

WITNESS MY HAND AND SEAL on this ___day of __________________20__ at_______________.

42

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FACULTY OF CIVIL LAW ACADEMICS COMMITTEE 2018
 UST LAW PRE-WEEK NOTES 2018

Notary Public

Doc. No. ........;

Page No. .......;
Book No. .......;
Series of 20__.

PROMISSORY NOTE
PROMISSORY NOTE

P__________

FOR VALUE RECEIVED, I promise to pay without need of demand to the order of __Payee__, at his office at
_____________, the principal amount of PESOS: _______________(P_________), on or before _____________.

__Date__, _____________, Philippines.

Maker

VERIFICATION AND CERTIFICATE OF

NON-FORUM SHOPPING

VERIFICATION AND CERTIFICATION ON

FORUM SHOPPING

I._____________________________________________, of legal age, single/married, Filipino, and with residence at _______________

(Name)

after having been duly sworn to in accordance with law, hereby, depose and say:

1. That I am the ____________________in the above-entitled case and have caused this ___________________________________ to
be prepared;

2. That I read and understood its contents which are true and correct of my own personal knowledge and/or
based on authentic records.

3. That I have not commenced any action of proceeding involving the same issue in the Supreme Court, the Court
of Appeals or any other tribunal or agency; that to the best of my knowledge, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals or any tribunal or agency, and that, if I should learn thereafter
that a similar action or proceeding has been filed or is pending before these courts of tribunal or agency, I
undertake to report that the fact to the Court within five (5) days therefrom.

IN WITNESS WHEREFORE, I have hereunto set my hand this ____ day of __________________,20____.

____________________________________
Affiant

Affiant SUBSCRIBED AND SWORN to before me this______day of _______________, 20_____ .

____________________________________
Admin. Officer
43

NOTARY PUBLIC

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

FACULTY OF CIVIL LAW ACADEMICS COMMITTEE 2018
 LEGAL AND JUDICIAL ETHICS

Doc. No. : ________;

Page No. : ________;
Book No. : ________;
Series of 20_______.

AFFIDAVIT OF LOSS

AFFIDAVIT OF LOSS

REPUBLIC OF THE PHILIPPINES)

_____________________________ ) S.S.

I, (Name of Affiant)., Filipino, of legal age, civil status (single or married, “married to…”) residing at
(Address of Affiant), after having been sworn in accordance with law hereby depose and state:

1. That I am the true and lawful owner of a certain motor vehicle which is more
particularly described as follows:

MAKE : MOTOR NO. :

SERIES : SERIAL/CHASSIS NO. :
TYPE OF BODY : PLATE NO. :
YEAR MODEL : FILE NO. :

(Change the declaration below to the actual circumstances)

2. That sometime in June of this year, I was looking for the original Certificate of Registration
of my car but to my surprise, said Owner’s original Copy could not found;

3. That I took pains to look for said Certificate of Registration, but to no avail;

4. That I am executing this affidavit to attest to the truth of the foregoing and to request from
the Land Transportation Office of Angeles City, a copy of said Certificate of Registration.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of _______________.
20___ at _________________________.

(Name Over Signature of Affiant)

SUBSCRIBED AND SWORN to before me, this ____ day of ______________, 20___ in ___________________ City, with
affiant exhibiting his Valid ID No. _______________, issued on _______________at _______________.

NOTARY PUBLIC
Until December 31, 200___

Doc. No. : ________;

Page No. : ________;
Book No. : ________;
Series of 20_______.
44

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 UST LAW PRE-WEEK NOTES 2018

INFORMATION (CRIME OF MURDER)

INFORMATION

The undersigned, _______________________, accuses ______________________________ of the crime MURDER,

committed as follows, to wit:

That on or about ______________________, in the City/Municipality of _______________________, Province of

_______________________ and within the jurisdiction of this Honorable Court, the accused __________________________, did
then and there, with malice aforestated and with deliberate intent to take the life of ________________________________,
wilfully, unlawfully, feloniously, suddenly, unexpectedly, and treacherously attack the latter with a knife, first
wounding him in the chest, and afterwards, when enfeebled and unable to defend himself, again in the stomach,
both wounds being necessarily mortal, thereby causing the direct and immediate death of said
______________________________.

Contrary to law.

__________________________, Philippines ________(DATE)___________.

ASSISTANT PROSECUTOR

CERTIFICATION

Witnesses:

NOTARIAL WILL

NOTARIAL WILL

LAST WILL AND TESTAMENT

of

___________________

KNOW ALL MEN BY THESE PRESENTS:

I, ___________________ , of legal age, married to _________ , residing at _____________, being of sound and disposing
mind and memory, and not acting under influence, violence, fraud or intimidation of whatever kind, declare this to
be my Last Will and Testament which I have caused to be written in English, the language which is known to me.
And I hereby declare that:

I. The following are my heirs and their addresses;

[INDICATE THE NAME OF HEIRS AND THEIR ADDRESSES)

II. I give and bequeath to my heirs __________, __________, and __________, in equal shares, the
following properties, real and personal, whatsoever and wheresoever located:

[DESCRIPTION OF PROPERTY]
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UNIVERSITY OF SANTO TOMAS TEAM BAROPS

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 LEGAL AND JUDICIAL ETHICS

III. I designate _______________ as the sole executor of this Last Will and Testament.

IN WITNESS WHEREOF, I have set my hand this ______________ in ________________.

(Sgd.) ________________

ATTESTATION CLAUSE

WE, the undersigned witnesses, whose residences are stated opposite our respective names, do hereby
certify that: the testator _________________ has published unto us the foregoing will consisting of ___ pages numbered
correlatively in letters on the upper part of each page, as his/her last will and testament and has signed the same
and every page thereof, on the left margin, in our joint presence and we, in turn, at his/her request have witnessed
and signed the same and every page thereof, on the left margin, in the presence of the testator and in the presence
of each other.

(1ST WITNESS) ______________ [RESIDENCE]

(2ND WITNESS) ______________ [RESIDENCE]

(3RD WITNESS) ______________ [RESIDENCE]

JOINT ACKNOWLEDGMENT

BEFORE ME, Notary Public for the ____________, this ___________, personally appeared:

_____________ (TESTATOR), with Valid Identification Document _______ issued by

_____________ (ISSUING AUTHORITY) on __________;

_____________ (WITNESS), with Valid Identification Document _______ issued by

_____________ (ISSUING AUTHORITY) on __________;

_____________ (WITNESS), with Valid Identification Document _______ issued by

_____________ (ISSUING AUTHORITY) on __________;

_____________ (WITNESS), with Valid Identification Document _______ issued by

_____________ (ISSUING AUTHORITY) on __________;

all known to me to be the same persons who signed the foregoing Will, the first as testator and the last three as
instrumental witnesses, and they respectively acknowledged to me that they signed the same as their own free act
and deed.

This Will consists of ___ pages, including the page in which this acknowledgment is written, and has been
signed on the left margin of each and every page thereof by the testator and his witnesses and has been sealed
with my Notarial seal.

IN WITNESS WHEREOF, I have set my hand the day, year and place written.
46

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

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 UST LAW PRE-WEEK NOTES 2018

(Sgd.) __________
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
On ___________________

Doc. No.
Page No.
Book No.
Series of 2007.

SPECIAL POWER OF ATTORNEY

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, ______________, of legal age, and resident of _________, do hereby name, constitute and appoint ___________, of
legal age, and resident of ____________, to be my true and lawful Attorney-in-Fact and in my name, place and stead,
do perform the following specific act(s):

1. To sell, transfer and convey all whatever price and terms and conditions that he may
deem proper and fit, to whosoever may buy and purchase my vehicle, which is more
particularly described as follows:

Make: HONDA
Engine No: 2NZ-393489
Type of Body: SEDAN
Plate No: SWD394
Year Model: 2009
Series: CIVIC 1.2E Gas M.
Chassis No: NDJ-398409834

2. To accept and collect full payment, the proceeds of sale of the afore described
property and sign for the receipt thereof;
3. To sign and execute any and all documents of sale, transfer or conveyance of the
aforementioned property;
4. To do and perform any and all other lawful act and deeds necessary to undertake the
execution and finalization of sale, transfer or conveyance of the said property.

Giving and granting unto said attorney-in-fact power and authority to do every act necessary and
required in connection with these presents, and hereby ratifying and confirming all that said attorney-in-fact shall
do or cause to be done under and by virtue of these presents.

IN WITNESS WHEREOF, I have signed this Special Power of Attorney this _________ at __________.

(Sgd.) _____________

Principal
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SIGNED IN THE PRESENCE OF:

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

FACULTY OF CIVIL LAW ACADEMICS COMMITTEE 2018
 LEGAL AND JUDICIAL ETHICS

(Sgd.) ______________

(Sgd.) ______________

[INCLUDE ACKNOWLEDGMENT AS PROVIDED BELOW]

Republic of the Philippines )

City of Manila ) s.s.

BEFORE ME, this ____________ in the City of _____________, personally appeared ___________, with [VALID ID with
ID No.] _______________ issued by the [ISSUING AUTHORITY] ______________ on _____________, known to me to be the
same person who executed the foregoing instrument, and who acknowledged to me that the same is his free act
and deed.

IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal on the day, year and place
written.

Sgd.) __________

Notary Public

Until__________________
PTR No. _______________
Issued at ______________
On ___________________

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UNIVERSITY OF SANTO TOMAS TEAM BAROPS

FACULTY OF CIVIL LAW ACADEMICS COMMITTEE 2018