Legal Ethics Reviewer

2015
– Legal Ethics – Joel Milan
1987 Consti provided the SC the sole power to promulgate rules with regard to the
admission of lawyers and the practice of law

Practice of Law
• Mere privilege.
o It is not a right
• Application of knowledge of the law
o Application of law legal procedure, knowledge training and experience
§ Legal Advice
§ Preparation of pleadings
§ Appearance for Clients
o Even suspended lawyers cannot appear as a “friend” as he would apply his
knowledge of the law
• Not a business
o Lawyers cannot form a stock corporation to practice the profession
o Lawyers cannot allow non-‐lawyers to practice law
o Legal fees cannot be shared with non-‐lawyers

Elements of Legal Profession:
1. Organization
2. Learning
3. Spirit of Public Service

Factors to be considered is one is engaged in the Practice of Law
1. Habituality
2. Application of law, legal principles, practice or procedure
3. Compensation
4. Attorney-‐Client Relationship

In re: Atty Medado -‐ September 14, 2013
30 years after passing the bar, Atty Medado filed a petition to sign the roll of attorney.
Petition denied. He was in Bad faith. Due to his failure to sign the roll of attorneys, he was
engaged in an unauthorized practice of law. He was suspended.

Qualifications:
1. 21 years old
2. Citizen of the PH
3. Resident of the PH
4. Possession of good moral character
a. Must also produce evidence of moral character
b. And that no charges against him, involving, moral turpitude have been filed
or are pending in any court in the Philippines
5. Studied law for 4 years and completed all the prescribed courses in law school
officially approved by the Sec. of Education
6. Pre-‐law course
2015 – Legal Ethics – Joel Milan
a. High school diploma (4 year)

b. Completion of bachelor’s degree in arts or sciences

Zaguirre v. Castillo
Misrepresented his true legal status -‐> no good moral character

Barba v. Pedro
After 18 years of being disbarred, Barba condoned Pedro. It can be used as a basis for the
Court to finally allow him to take his oath.

Standards of Morality

1. Tiong v. florendo
• The S.C. held that a lawyer’s “act of having an affair with his client’s wife manifested
his disrespect for the laws on the sanctity of marriage and his own marital vow of
fidelity.”
• The admission of the lawyer in a public document was treated as a mitigating
circumstance

2. Garrido v. Garrido (2010):
• He engaged in an extra marital affair with a lawyer whom he eventually married in
HK while is second marriage was subsisting. Both Garido and the lady lawyer were
disbarred.

3. Brennisen v. Cantavi
• He falsified a document and personally benefited from the property of his client. He
was disbarred.

4. Bueno v. Raneses
• Bribed the judge. He tarnished the legal profession and the judiciary. Disbarred!

Appearance of non-‐lawyers
a. Law student practice rule:
a. Completion of prescribed 3rd yr courses. <-‐ 4th year lang pwede
b. Under the supervision of a lawyer in good standing
b. Non-‐lawyers in courts:
a. small claims cases
c. Administrative tribunals:
a. DENR
b. DAR
c. NLRC
d. Proceedings where lawyers prohibited from appearing:
a. Proceedings before the lupong tagamayapa
b. Court ordered mediation

Sanctions for practice or appearance

1. Lawyers without authority: Contempt of Court (Direct?)
2. Persons who are not lawyers: Indirect Contempt

Prohibition or Disqualification: Public officials and practice of law
1. Former Government Attorneys:
2. Public Officials, not allowed to practice law:
a. President,
b. VP,
c. Members of COMELEC, COA, and CSC,
d. Members of the Judiciary,
e. Members of the Cabinet, their deputies and assistants
3. Under Civil Service Rules:
a. Government lawyers in government
departments/offices/bureaus/goccs/gfi/lgu
4. Under Special laws:
a. Governors and Mayors
b. Solicitor and trial lawyers of the OSG
c. Lawyers of the office of the Government Corporate counsel
d. Government prosecutors under the DOJ and the Ombudsman

Limited Practice of Law among Public Officers
With prior written authorization of the heads of office, some government lawyers may be
authorized to practice law, provided, they will not represent any party who has an
adverse claim against the government

*What is prohibited is Conflict of interest

GR: Practice of profession is allowed immediately after leaving public service
EX:
• 1 year prohibition – on any matter before the office the lawyer used to be with if
he did not intervene
o Ex to Ex. – LIFETIME PROHIBITON – if he had intervened

Lawyers’ Oath

I, ___, do solemnly swear that I will maintain allegiance to the Republic of the Philippines;

I will support its Constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein;

I will do no falsehood, nor consent to the doing of any in court;

I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor
give aid nor consent to the same;

I will delay no man for money or malice, and will conduct myself as a lawyer according to
the best of my knowledge and discretion, with all good fidelity as well to the courts as to
my clients;

And I impose upon myself this voluntary obligation without any mental reservation or
purpose of evasion. So help me God.”

Remember: “I will delay no man for money or malice, and will conduct myself as a lawyer
according to best of my xx” -‐> Questions regarding collection of fees from clients

Guarin v. limpin 2015 -‐> pyramiding case.
• Members of the bar are reminded that their first duty is to comply with the rules of
procedures rather than seek exceptions as loopholes. A lawyer who assists a client
in a dishonest scheme or who connives in violating the law commits an act which
justifies disciplinary action against the lawyer.
• Disbarment proceedings are sui generis and can proceed independently of civil and
criminal cases.
• Clear preponderance of evidence <-‐ burden of proof / quantum of evidence

Four fold duty of a lawyer:
1. Duty to Society
2. Duty to the Legal profession
3. Duty to the Courts
4. Duty to the Clients

TIP: give the keyword as to the function of the lawyer

Preservation of the respect to the legal profession

Garcia v. sesbreno 2015 <-‐ 100% BAR – latest ruling on good moral character
• Convicted for murder. Respondent alleges that his penalty does not include
disbarment. It is a Crime involving moral turpitude. Disbarred.
• Moral turpitude
o Act of baseness, vileness, or depravity in the private duties that a man owes
to his fellow men or to society in general, contrary to justice, honesty,
modesty or good morals.
o It is not involved in every criminal act (mala in se/mala prohibita)
§ Question of fact
§ Matter of judicial inclusion and exclusion -‐> depende sa cases
• Sesbreno was given executive clemency of commutation of service
o SC: executive clemency did not wipe out his criminal liability. Even if,
assuming, he was granted conditional pardon, no effect.
o Parciano Case will not apply:
§ In Parciano, the SC dismissed the disbarment proceedings since the
Atty. Parciano was granted absolute and unconditional pardon.
§ Here, there is only commutation, hence, cannot rely on the parciano
case.

Note:
• Absolute pardon may not serve as a bar to the proceeding for
disbarment when it is founded on his professional conduct. The effect
of pardon may only to relieve him of the penal consequence.
• If already disbarred prior to absolute pardon, SC still has discretion
whether to reinstate. The lawyer is still required to show evidence
that he is a person of good moral character and fit to practice law.

50%-‐50% -‐> Perez v. Catindig and Baydo – 2015.
He contracted a second marriage with the complainant while his first marriage was
subsisting. He was disbarred since he no longer possessed the good moral character. As for
baydo, she was not disbarred due to insufficient proof.

Navarro and presbitero v. solidum
Legal interest – 6% per annum… In this case, 3% per month. The lawyer asked his son to
issue checks (kapangalan). He took advantage of his clients by using his knowledge of the
law.

2015 -‐ Chu v. Guico
Lawyer demanded P580,000. When a lawyer offers a bribe to a person who is in the
position to render judgment, the lawyer has no business in staying in the legal profession.

Andres v. nambi 2015
• Nambi allowed the amended alias writ of execution. Court sustained the action of
the LA. It was a correct move because the employees would not be able to collect.
• Nambi was penalized for lack of respect to the court. He was asked by the Court to
explain but he did not do so repeatedly.

Canon 2 <-‐ Parati lumalabas sa bar
A lawyer shall make his legal services available in an efficient and convenient manner
compatible with the independence and integrity and effectivess of the profession.

“Fair Competition”

Lisangan v. tolentino <-‐ ambulance chasing.
• Supsended the lawyer who allowed his secretary to solicit clients of a fellow lawyer
with a promise of financial assistance
• Calling cards must only contain their:
o Name, field of practice, contact details and nothing more.

Ambulance Chasing
Unethical practice of inducing personal injury victims to bring suits. It is the practice of
lawyers in frequenting hospitals and homes of the injured in order to convince them to go
to court.

Barratry (not the one in Commercial Law)
Offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise.

Use of firm name
• When a partner of law firm dies, you must make the public aware that the party is
already dead.
• How? You put a cross on his name.
• Named partner appointed to the SC
o It should automatically be removed! Bawal kahit foot note!
• Angara -‐> Senate President.
o Placing “*” is sufficient.
o * means on leave.
o HR/Sen. Are allowed to practice law but they cannot appear in court
• Elected positions prohibited by the Constitution
o P,VP, Mayor etc
• “Baker & McKenzie” – Prohibited
o Misrepresents that foreigners are allowed to practice law
o GR: Aliens cannot practice law
o EX: US citizens -‐ Allowed to practice law as of July 4, 1946 -‐ Atty. Quasha

HR/Sen can amend the appellate jurisdiction of the SC, provided, SC consented

Duty to legal profession
• To elevate standards of legal profession; to improve the administration of justice;
and enable the bar to discharge its public responsibility mere effectively

MEMBERSHIP AND DUES:
1. Pay every year; or
2. Life time membership.

Non-‐payment of dues may subject the lawyer to disciplinary action including the removal
of his name from the Roll of Attorneys.

Uphold the DIGNITY of the legal profession -‐> keyword to impress the examiner

Keld stemmerik v. leonuel mas.
Lawyer here deceived an alien who is ignorant of the law. A lawyer can be disbarred even
he is absent from the disbarment proceedings.

Oca v. liangco
MTC judge took cognizance of the expropriation case (RTC’s jurisdiction). He was guilty of
the gross ignorance of the law. After dismissal from the judiciary, he can still be disbarred
thereafter.

In re: pactolin.
• A lawyer can be automatically disbarred involving a crime of moral turpitude,
provided, it is accompanied by the record of the case and the judgment has become
final and executory.

*Can a lawyer be automatically disbarred despite the case is pending? No! However, an
independent case for disbarment may proceed since it is sui generis.

Enriquez v. de vera.
• Bawal umutang ang lawyer sa client.
• Here tumalbog lahat ng cheke
• She was suspended for a year

Villatuya v. tabalingcos, 2012.
• Lawyers cannot share their professional fees with non-‐lawyers
• Here, the lawyer gave 10% commission to non-‐lawyers

Linco v. lacebral (2011).
• Atty lacebral, a notary public, notarized a deed of donation of another lawyer one
day after his death.
• Deed of donation was given to the mistress but it was named in favor of the
illegitimate child.
• No candor towards professional colleagues, hence, suspended.

No assistance in the unauthorized practice of law. Canon 9 <-‐ always lumalabas sa BAR!!

Tapay v. bancolo (2013) <-‐ hindi pa lumabas sa bar.
• The secretary is prohibited from signing the pleadings of a lawyer.
• Only lawyers are allowed to do so and it cannot be delegated.

Lacasama v. bustamente.
• The lawyer allowed it s paralegal to represent <-‐ unauthorized practice of law

Prefixing “atty”
• habang hindi pa full pledge lawyer, bawal pa.
• Even those allowed to practice in shariah courts are prohibited

Duty to the courts:
Candor (honesty), fairness, and good faith

Sps. Amatrio v. atty yap march 11, 2015:

• The complaint decided to withdraw the disbarment case. <-‐ not allowed
• Once a disbarment case has been instituted, it cannot be withdrawn despite the
affidavit of desistance etc. it will go through full trial.
• Every disbarment case is imbued with public interest.

Caspe v. Mejica march 10, 2015.
• Involves a Conflict of interest
o Atty Mejica made both the complaint and the counter-‐affidavit
• Suspended for two years.

Letter of the UP LAW FACULTY ON ALLEGATIONS OF PLAGIARISM <-‐ Read
• Law professors are also officers of the court. They should also observe due respect
to the courts. Teaching is part of the practice of law as it prepares the students in the
practice of law.
• This must be read in together with vinuya case (comfort women) – public
international law. Andun ang elements ng PIL.
• Also read the case of arrigo. <-‐ PIL. Wala personality ang private individuals
against the government. Immunity from suit.

Sen. Santiago’s “court of idiots” <-‐ covered by parliamentary immunity

Florido v. Florido
• A lawyer fraudulently made an order awarding the custody of minor and forged the
signature of a judge
• Violated his duty to observe candor to the courts

Duty of lawyer in the assistance in the speedy and efficient administration of justice.

GR: every case must rise and fall on the merits

A lawyer should refrain from any impropriety or any appearance of impropriety

Lantoria v. bunyi.
• A lawyer should not prepare a draft decision on behalf of the judge. <-‐ Lack of
respect to the judge. A lawyer should never undermine the competence of the judge

Cruz v. salva.
• Lawyer asked the attention of the media

In re almacen:
• natalo sa case si almacen. He wrote to the SC that he lost the confidence and he will
surrender his license.

Duty to clients

Despite the fact you know how guilty your client, he is still entitled to the best defense.

Counsel de officio <-‐ hindi parati lumalabas sa bar

Pero take note. Criminal cases lang!!! kahit sobrang hirap pa niya. kapag civil, bawal!
CRIMINAL CASES lang kahit kaawa-‐awa pa yung client sa civil case niya.

Conditions for appointment: Before an appellate court, accused should be in prison, no
counsel de parte, and accused has signed the notice of appeal

Rule 122: (1) in prison (no bail or failed to apply for one) (2) indigent (3) he desires for an
appointment of counsel de officio (no desire of hiring a consuel de parte)

Who may be appointed as counsel de officio?
1. Members of the Bar in Good Standing
2. Resident of the province and of good repute for Probity and Ability in localities
without lawyers

What must be considered?
1. Gravity of the offense
2. Difficulty of the questions that may arise
3. Experience and ability

Attorney Ad Hoc
A lawyer appointed by the court to represent an absentee defendant in a suit in which the
appointment is made

Valid grounds for refusal: conflict of interest <-‐ 28 years na lumalabas sa bar

A lawyer should never presume that the court shall accept the withdrawal. Even if
withdrawn, he shall remain to be a counsel on record.

When is there conflict of interest
1. representation of two adverse interests
2. confidentiality rule – to avoid possible breach
a. services of the lawyer were engaged
b. counsel was sought because of his competence as a lawyer
c. lawyer-‐client relationship
d. that the client intended it to be confidential
i. exceptions to the confidentiality rule:
1. if client is about to commit a crime
2. testimony of counsel is material to a pending case, provided,
counsel obtains the consent of his client on the matter in
issue.
3. Privileged communication rule (Rule 130)

Note: Confidentiality rule will cover partners in legal profession and non-‐legal staff
working for the lawyer.

Rule 15.03 – If there is written consent, a lawyer may represent conflicting interests after
full disclosure of the facts.

Samson v. era (2013).
While a lawyer has the authority to terminate a relationship, the disclosure rule is
perpetual. He must continue to preserve the confidence

Pormento v. pontevedra (2005)
Lawyer cannot dispose any confidential information from a client in a suit filed by another
party that he later on represented.

E.g.
Individual practitioners (no partnership) with a common staff… the client can sue the
lawyer as he did not protect the records of his client for sharing a common staff. Cannon –
21.05

Palm v. Iledan (2009).
• During the stockholders meeting, Atty Iledan said that the petition to amend was
denied before the SEC.
• The lawyer did not violate his non-‐disclosure duty.
• Upon filing of the petition in court or any government agency, he is released from
his non-‐disclosure duty.
• Right to information is protected under the bill of rights

GR: A client’s name is NOT confidential
EX:
1. Strong possibility exists that revealing the client’s name would implicate the client
2. Disclosure would open the client to civil liability
3. Where the government lawyers have no case against the client unless the
revelation of the client’s name would furnish the only link that would form the chain
of testimony necessary to convict an individual of a crime.

Duty of candor to clients requires the fair assessment of the case

Areola v. Mendoza (2014).
• Here, the PAO laywer advised her clients na iyak-‐iyakan ang judge.
• Duty of lawyer is to give a legal and sound advice.

Penilla v. Alcid (2013).
• Wrong remedy. He went to the RTC instead of the MTC
• Lack of incompetence -‐> violated the duty to accord highest degree of fidelity in the
protection of the client’s interest

Duty to Pay IBP Dues

Santos v. llamas.
• He used the same OR # to pay his IBP dues. It is the duty of the lawyer to be honest
in paying his annual fees.

Tomlin II v. moya II (2006).
• Lawyer’s checks bounced.
• Belated settlement will not exculpate him from culpable penalty.

Yu v. palana (2008) lawyer in pyramiding scam. Syndicated estafa.
• NO DOUBLE DISBARMENT IN THE PHILIPPINES.

ATTY A was already disbarred. B filed another petition for disbarment. Can he be disbarred
again? NO, SC ruled that there is no double disbarment. Simply, because he’s no longer a
member of the bar. There is nothing to be stricken off from the record.

Favorite bar question – fiduciary relationship of lawyers (CC. 1491(5)) – perpetual ban on
lawyer’s act of buying the properties of his client for which he represent (pending
litigation?)

Money judgment may be subjected to lawyer’s lien.

Camba v. bongon (2015),
A lawyer who does not serve faithfully his client also will incur liability. (15 years na hindi
binigay yung pera ng client)

Co-‐mingling of funds – bawal

Delivery of funds – it should be prompt

Borrowing of funds -‐ bawal

Jinon v. jiz. (2013).
Failure of the lawyer to account the money received gives a presumption that he
misappropriated the funds of his client

Concepcion v. dela rosa (2015),
The spouses lent Atty. De la rosa some amount of money. He did not pay. 3 years
suspension

• 1999 Case – Mere failure of payment is not the basis but the unwarranted obstinacy
in evading the payment of the debt amounting to gross misconduct
• 1995 Case -‐ If there is no gross misconduct, the remedy of the Creditor is to file a
civil case and not an administrative case.

Heenan v. Espejo (2013).
Atty. Did not account the services na isusubtract sa advance professional fees.

Wilke v. limos (2008) <-‐ de castro!!
Even if she settled the BP 22 case, she can still be suspended.

Talento v. paneda (2009) ß de castro!!
Failure to file the pre-‐trial brief. Lawyer was guilty of being remiss of his duty.

Dominguez v. agleron (2014)
• Petition was not filed due to the insufficient of payment made by the client
• Rule: a lawyer must aid in the speedy assistance of justice

GR: A client is bound by the negligence of his counsel
EX: unless such negligence shall prejudice the rights of the client

• A lawyer shall never abandon a client
• Lawyer is not required to exercise EO diligence. Only ordinary diligence is required
• A lawyer must not condone any illegal acts of his clients***

Canon 19 -‐ a lawyer shall represent his client with zeal within the bounds of law.

Every client is entitled to the best defense* ß jargon

Dimagiba v. Montalvo (1991)
49 years probate case. Disbarred!

Ong v. unto (2003)
lawyer used harassing tactics

Attorney’s fees -‐> to avoid conflict of interest. Precludes the lawyer from accepting
adverse clients

Contingency fees -‐> there should be a reimbursement clause/agreement. Otherwise
CHAMPERTOUS – void. What is contingent is the amount.

Retaining fee – para hindi ka na kukunin ng iba

Quantum meruit – favorite question
• As much as the lawyer deserves
• If the agreed fee is unconscionable, the court may modify the same in accordance
with this principle
• When there is no agreement as to attorney’s fees

Factors of Quantum Meruit
1. Time spent and services rendered
2. Novelty and difficulty
3. Skill demanded
4. Probably of losing other employment as a result of acceptance of the proffered case
5. Customary charges for similar services
6. Amount involved in the controversy
7. Contingency or certainty of compensation
8. Professional Standing of the Lawyer

Suit in Assumpsit
• Action filed by a lawyer against his client for collection of attorney’s fees
• Lawsuits for collection of attorney’s fees should be resorted ONLY to PREVENT
INJUSTICE, IMPOSITION, or FRAUD because what would be more unjust than one
who is working for injustice would himself be the subject of an injustice.
o Suit in Assumpsit is an exception to the GR that a lawyer should avoid
controversies with clients concerning his clients.
§ File a lawsuit only to prevent injustice, imposition or fraud

Attorney’s lien:
1. Charging lien:
a. the right which the attorney has upon all judgments for payment of money
and executions in pursuance of such judgments, obtained in favor of the
client, to secure reimbursement for advances made and payment of
attorney’s fees.
b. Right to charge
2. Retaining lien:
a. The right to retain client’s money, property and documents that has legally
come into his possession until the attorney has been paid all his fees for all
his services
b. Right to retain

Note: The lawyer of an administrator of an estate cannot retain or charge any part of the
estate since he is not a counsel for the deceased but for the administrator himself.

Champertous contract – an agreement whereby an attorney undertakes to pay the
expenses of the proceedings and reimbursement is contingent on the outcome of the case.
If is different from a contigent fee since in a contigent fee, the lawyer gets reimbursed for
the advances made regardless of the outcome of the case and the amount of the
professional fees is contingent upon winning.

Ordinary lawyer’s fees – based on quantum meruit or agreement
Extraordinary lawyer’s fees – an indemnity for damages

GR: lawyers cannot lend money to a client
EX: interest of justice -‐> when lawyers have to advance necessary expenses in a legal
matter they are handling for a client

Grounds for termination of Lawyer-‐Client relationship:
1. Withdrawal of lawyer
2. Death of lawyer
3. Disbarment/suspension of the lawyer
4. Declaration of presumptive death of the lawyer
5. Conviction of a crime or imprisonment of the lawyer
6. Discharge or dismissal of the lawyer by the client
7. Appointment or election of a lawyer which prohibits lawyers to practice law
8. Death of the client
9. Intervening capacity or incompetence of the client during the pendency of the case
10. Full termination of the case

GR: client may discharge the lawyer with or without cause
EX:
1. Counsel has right to be paid if dismissal is without cause
2. If the purpose of discharge is to be used as an excuse for securing repeated
extensions of time
3. Notice of discharge is required from both court and the adverse party

Discipline of Lawyers
• Sui Generis
• Imprescriptible
• Proceedings are strictly confidential
• Cannot be withdrawn as it is imbued with public interest
• May proceed regardless of lack of interest of the complainant

How initiated? By complaint
1. Supreme Court Motu Proprio
2. IBP Board of Governors Motu Proprio
3. Referral by the Supreme Court
4. Referral by the IBP Chapter Board
5. Upon Verified Complaint by any person

A decision in a disciplinary action against a Filipino lawyer practicing abroad may also be a
basis for disbarment proceeding against the same lawyer in the Philippines.

What factors can mitigate the penalty? (1) old age; (2) health; (3) first offense

Figueras v. Jimenez (2014); atty-‐client relationship is not required for one to file
disbarment proceedings.

Maniego v. de dios (2010). Lifting of suspension is not automatic, he must comply with the
requirements provided by law

How to be readmitted? File a sworn statement with the OBC.

Macarrubo v. macarubbo. (2013). Lumabas last year 2014. What are the factors in re-‐
admitting a lawyer?
1. Proof of remorse and formation.
2. Sufficient time to reform;
3. Still has productive years ahead of him
4. There must be showing of promise as well as potential for public service; and
5. Relevant factors that may justify clemency

Balikbayan lawyer (naturalized alien -‐> citizen)
1. Updating and full payment of IBP dues
2. Payment of professional tax
3. Completion of MCLE units
4. Retaking of lawyer’s oath

MCLE <-‐ those prohibited by consti to practice law are exempted

An attorney is presumed to be properly authorized any cause in which he appears. No
written power of attorney is required unless the court asks. (2015 case)

GR: Non-‐sharing of atty fees
EX: 1. Estate can claim that he earned; 2. Retirement benefits for the staff; 3. Prior
agreement?

Sa judges:

1. 6th relatives pati staff.
2. For counsel, up to the 4th civil degree

Notary

• jurat – simple narration
• acknowledgement – labor, deed of donation, succession, -‐ it will include phrase
that “it is done in his voluntary will”

competent evidence of identity (sec. 12, rule 2)
e.g. no need for people you know, grace poe etc?

Espinosa v. omana.
Notarial document cannot dissolve marriage. Even 1st yr students know this

MBTC v. arguelles (2012).
Lawyer is not required to know every affiant. What is important is at the time the
document was signed, the lawyer was the same person who produced to him the
competent proof of identity.

Talisic v. rinen (2014)
Need ng personal appearance of the affiant in an affidavit of loss sa notary public.

“Notarization is not an empty, meaningless, routinary act. It is invested with substantive
public interest.” <-‐ jargon! If you see notary public

Judicial Ethics

SC Judge
1. Natural-‐born citizen
2. 40 yrs old
3. 15 yrs practice of law (not necessarily judge)

Lower Judge:
1. Citizen
2. Member of the PH Bar
3. Other qualifications that congress may prescribe
a. RTC – 10 yrs practice of law

Members of the Judiciary must have proven CIPI – competence, independence, probity
and integrity

term of office: 70 yrs old.. all others in public service: 65

selection: JBC

two cases:
1. herdaleza v. sereno. JBC has the power to select. However, if the selection lacks
due process, then, bill of rights may be availed.
2. Judge Villanueva v. JB. Judge V was saying mandamus should lie. He applied for
promotion as rtc judge. JBC rejected outright since 1 yr pa lang judge as MTC judge.
(5 yrs needed). SC: mandamus will not lie. JBC has the authority to promulgate
rules. If the rules are in accordance with the law, then, it should be respected.

How do you apply?

1. apply or be nominated with written consent

President has 90 days to fill up vacancy in the Supreme Court

If Lower Court, president shall issue appointments from the submission of the list.

Members of the Judiciary cannot be delegated to quasi judicial or administrative functions

SALN requirement -‐> impeachment of corona – betrayal of public trust. (Sec. 17, Article XI,
1987 Constitution)

Remember the impeachment process

Immediate effect: removal from office. This will not, however, preclude from filing of
criminal suits etc.

Qualities: (IIIPEC) <-‐ Jargon
1. Independence
2. Integrity
3. Impartiality
4. Propriety
5. Equality
6. Competence and diligence

Jorda v. bitas (2014)
bail pero no hearing w/c was delegated. Sc: every motion for bail should be held in open
court. It cannot be delegated to the clerk of court. Lacks #6

Dulang v. regencia (2014) 30 days summary procedure. Here, 4 yrs. Bawal yun. Pwede
extend basta may good reason kaso wala good reason. Lacks #6

• Judge cannot be suspended until after conviction has become final and executory
• Judges should avoid the use of vulgar language

Bacaya v. judge ramos <-‐ baka lumabas sa BAR
During the pendency of the case and the judge dies, can the court continue the case against
him? Yes! Here, the court awarded the retirement benefits of the judge.

Corona september 14, 2011 <-‐ baka lumabas sa bar.
Effect ng impeachment. Complainants argue that CJ Corona has no capacity to decide on a
pending case without any bias. SC: dismissed. Moot and academic due to his impeachment.
<-‐ SEE CASE!!!!

Villaluz v. mijares, prohibition -‐> party is a relative of the judge – sixth civil degree of c
or a. or where a counsel is a 4th civil degree relative of c or a.

Impartiality – hindi dapat bias si judge
1. “Utang na loob?”
a. Not a valid ground for inhibition unless the judge admits that he may be
suspected of surrendering to the persuasions of utang na loob, and he may
even succumb to it, he should inhibit himself.
2. Former classmate or co-‐member in a fraternity
a. Judge should not be disqualified unless there is proof that such relationship
results to bias or prejudice
b. To disqualify him would result to barring judges to sit in court whenever
their former classmates appeared

Impropriety or mere appearance of impropriety
1. When judges have lunch with a litigation <-‐ mere appearance of impropriety

Only SC EN BANC can discipline appellate and lower court judges.

To dismiss a judge, it should be by a vote of majority

Periods in deciding a case:
SC – 2 yrs?
CA – 1 yr?
RTC/MTC – 3 months?

Amicus Curiae
A friend of the court. An impartial experience lawyer who is invited by the court to give an
opinion regarding a difficult issue before it.

Legal Ethics Reviewer

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Legal Ethics Reviewer

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– Legal Ethics – Joel Milan

a. High school diploma (4 year)

Sanctions for practice or appearance

Sps. Amatrio v. atty yap march 11, 2015:

Duty to clients

3. Privileged communication rule (Rule 130)

How do you apply?

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