San Beda College of Law
1
MEMORY AID
I. LEGAL ETHICS
PRELIMINARY MATTERS
Legal Ethics – branch of moral science which
treats of the duties which an attorney owes to the
court, to his client, to his colleagues in the
profession and to the public.
- It is the embodiment of all principles of
morality and refinement that should govern the
conduct of every member of the bar.
PRIMARY CHARACTERISTICS WHICH
DISTINGUISH THE LEGAL PROFESSION FROM
BUSINESS
1. A duty of public service
2. A relation, as an “officer of the court”, to
the administration of justice involving
thorough sincerity, integrity and reliability
3. A relation to clients with the highest
degree of fiduciary
4. A relation to the colleagues at the bar
characterized by candor, fairness and
unwillingness to resort to current business
methods of advertising and encroachment
on their practice, or dealing directly with
their clients.
PRACTICE OF LAW
 CASE: Any activity in or out of court which
requires the application of law, legal principle,
practice or procedure and calls for legal
knowledge, training and experience. (Cayetano vs
Monsod, 201 SCRA 210)
Strictly speaking, the word practice of law
implies the customary or habitual holding of
oneself to the public as a lawyer and demanding
compensation for his services. [People vs.
Villanueva 14 SCRA 111]
ESSENTIAL CRITERIA DETERMINATIVE OF
ENGAGING IN THE PRACTICE OF LAW: (HACA)
1. Habituality- implies customarily or
habitually holding oneself out to the
public as a lawyer
2. Compensation- implies that one must
have presented himself to be in the active
practice and that his professional services
are available to the public for
compensation, as a source of his
livelihood or in consideration of his said
services.
3. Application of law, legal principle,
practice, or procedure which calls for
legal knowledge, training and experience
4. Attorney – client relationship
PRIVATE PRACTICE
Private practice is more than an isolated
appearance for it consists of frequent or customary
actions, a succession of acts of the same kind.
 NOTE: An isolated appearance does not
amount to practice of law of a public officer if
allowed by his superior in exceptional cases.
NOTE: The practice of law is not a natural,
property or constitutional right but a mere
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
IN LEGAL ETHICS AND PRACTICAL EXERCISES
privilege. It is not a right granted to any one who
demands it but a privilege to be extended or
withheld in the exercise of sound judicial discretion.
It is in the nature of a franchise conferred only for
merit which must be earned by hard study,
learning and good conduct. It is a privilege
accorded only to those who measure up to certain
rigid standards of mental and moral fitness. Those
standards are neither dispensed with nor lowered
after admission. The attorney’s continued
enjoyment of the privilege conferred depends upon
his complying with the ethics and rules of 333the
profession.
But practice of law is in the nature of a
right. While the practice of law is a privilege, a
lawyer cannot be prevented from practicing law
except for valid reasons, the practice of law not
being a matter of state’s grace or favor. He holds
office during good behavior and can only be
deprived of it for misconduct ascertained and
declared by judgment of the Supreme Court after
opportunity to be heard has been afforded him.
The state cannot exclude an attorney from the
practice of law in a manner or for reasons that
contravene the due process or equal protection
clause of the Constitution.
POWER TO REGULATE THE PRACTICE OF LAW
 CASES: The Constitution [Art. VIII, Sec. 5(5)]
vests this power of control and regulation in the
Supreme Court. The constitutional power to
admit candidates to the legal profession is a
judicial function and involves the exercise of
discretion. Petition to that end is filed with the
Supreme Court as are other proceedings invoking
judicial function [In re: Almacen 31 SCRA 562]
The SC acts through a Bar Examination
Committee in the exercise of its judicial function to
admit candidates to the legal profession. Thus, the
Committee is composed of a member of the Court
who acts as Chairman and 8 members of the bar
who acts as examiners in the 8 bar subjects with
one subject assigned to each. [In re Lanuevo, 66
SCRA 245]
The power of the SC to regulate the practice of
law includes the authority to:
1. Define the term
2. Prescribe the qualifications of a candidate
to and the subjects of the bar
examinations
3. Decide who will be admitted to practice
4. Discipline, suspend or disbar any unfit and
unworthy member of the bar
5. Reinstate any disbarred or indefinitely
suspended attorney
6. Ordain the integration of the Philippine
Bar
7. Punish for contempt any person for
unauthorized practice of law
8. Exercise overall supervision of the legal
profession
9. Exercise any other power as may be
necessary to elevate the standards of the
bar and preserve its integrity.
On the other hand, the LEGISLATURE, in the
exercise of its POLICE POWER may, however, enact
laws regulating the practice of law to protect the
public and promote the public welfare. But the
legislature MAY NOT pass a law that will control the
SC in the performance of its function to decide who
2 2005 CENTRALIZED BAR OPERATIONS
may enjoy the privilege of practicing law and any
law of that kind is unconstitutional as an invalid
exercise of legislative power.
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 this rule, and
who is in good and regular standing, is entitled to
practice law. [Sec. 1, Rule 138]
REQUIREMENTS BEFORE A CANDIDATE CAN
ENGAGE IN THE PRACTICE OF LAW
I. He must have been admitted to the Bar
a. Furnishing satisfactory proof
educational, moral and other qualification;
b. Passing the bar
c. Taking the Lawyer’s Oath before the SC
A lawyer’s oath signifies that the
lawyer in taking such an oath accepts and
affirms his ethical obligations in the
performance of his duties as a lawyer and
signifies likewise his awareness of his
responsibilities that he assumes by his
admission to the legal profession.
d. Signing the Attorney’s Roll and receiving
from the Clerk of Court of the SC a
Certificate of the license to practice
II. After his admission to the bar, a lawyer must
remain in good and regular standing, which is a
continuing requirement for the practice of law. He
must:
a. Remain a member of the IBP (membership
therein by every attorney is made
compulsory);
b. Regularly pay all IBP membership dues
and other lawful assessments, as well as
the annual privilege tax;
c. Faithfully observe the rules and ethics of
the legal profession; and
d. Be continually subject to judicial
disciplinary control.
BASIC REQUIREMENTS FOR ADMISSION TO
THE BAR
Under Section 2, 5 and 6, Rule 138, the applicant
must be:
1. Citizen of the Philippines;
2. At least 21 years of age;
3. Of good moral character;
(Note: This is a continuing requirement.)
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 Phil. [Sec. 2, Rule
138];
7. Must have complied with the academic
requirements;
8. Pass the bar examinations.
Moral Turpitude – imports an act of baseness,
vileness or depravity in the duties which one
person owes to another or to society in general
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
which is contrary to the usually accepted and
customary rule of right and duty which a person
should follow.
ACADEMIC REQUIREMENTS FOR THE
CANDIDATES
1. Must have already earned a Bachelor’s
Degree in Arts or Sciences (Pre-law)
2. Law Course – completed courses in Civil
Law, Commercial Law, Remedial Law,
Criminal Law, Public and International
Law, Political Law, Labor and Social
Legislation, Medical Jurisprudence,
Taxation, Legal Ethics. [Sec. 5 and 6, Rule
138]
APPEARANCE OF NON-LAWYER IN COURT
of
MAY A NON-LAWYER APPEAR IN COURT?
General Rule: Only those who are licensed to
practice law can appear and handle cases in court.
Exceptions:
1. Before the MTC - a party may conduct his
case or litigation in person with the aid of an
agent or friend appointed by him. [Sec. 34,
Rule 138]
2. Before any court – a party may conduct his
litigation personally. But he gets someone to
aid him and that someone must be an
authorized member of the Bar [Sec. 34, Rule
138]. He is bound by the same rules in
conducting the trial of his case. He cannot,
after judgment, claim that he was not properly
represented.
3. In a 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 that province,
of good repute for probity and ability to the
accused in his defense. [Sec. 7, Rule 116]
4. Student Practice Rule - A law student who
has successfully completed his 3rd year of the
regular 4-year prescribed law curriculum and is
enrolled in a recognized law school’s clinical
legal education program approved by the
SC – may appear without compensation in any
civil, criminal or administrative case before
any trial court, tribunal, board or officer, to
represent indigent clients accepted by the
Legal Clinic of the school. [Sec. 1, Rule 138-A]
The student shall be under the direct
supervision and control of a member of the IBP
duly accredited by the law school. [Sec. 2]
5. Under the Labor Code – non-lawyers may
appear before the NLRC or any Labor Arbiter if
they (a) represent themselves; (b) represent
their organization or members thereof [Art.
222, PD 442]
6. A non-lawyer may represent a claimant before
the Cadastral Court [Sec. 9, Act. No. 2259]
7. Any person appointed to appear for the
government of the Philippines in accordance
with law [Sec. 33, Rule 138]
LIMITATIONS ON APPEARANCE OF NON-
LAWYERS BEFORE THE COURTS
1. He should confine his work to non-
adversary contentions. He should not
 San Beda College of Law
3
MEMORY
undertake purely legal work, such as the
examination or cross-examination of
witnesses, or the presentation of
evidence.
2. Services should not be habitually
rendered.
3. Should not charge or collect attorney’s
fees. [PAFLU vs. Binalbagan Isabela
Sugar Co. 42 SCRA 302]
RIGHT OF PARTY TO REPRESENT HIMSELF
Civil Cases: An individual litigant has the right to
conduct his litigation personally.
Criminal Cases: Involving grave and less grave
offenses, an accused who is a layman must always
appear by counsel; he CANNOT conduct his own
defense, as his right to counsel may NOT be
waived without violating his right to due process of
law.
By a Juridical Person: A juridical person must
always appear in court by a duly licensed member
of the bar, except in the municipal trial court where
it may be represented by its agent or officer who
need not be a lawyer.
PARTNERSHIP WITH NON-LAWYERS 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,
and amenable to professional discipline.
PRACTICE BY CORPORATION
It is well settled that a corporation
CANNOT engage in the practice of law. It may,
however, hire an attorney to attend to and conduct
its own legal business or affairs. But it cannot
practice law directly or indirectly by employing a
lawyer to practice for it or to appear for others for
its benefit.
Reasons:
1. Nature of the privilege and on the confidential
and trust relation between attorney and
client.
2. A corporation cannot perform the conditions
required for membership in the bar, such as
the possession of good moral character and
other special disqualifications, the taking of
an oath and becoming an officer of the court,
subject to its discipline, suspension or
removal.
3. The relation of trust and confidence cannot
arise where the attorney is employed by a
corporation to practice for it, his employer
and he owing, at best, a secondary and
divided loyalty to the clientele of his
corporate employer.
4. The intervention of the corporation is
destructive of that confidential and trust
relation and is obnoxious to the law.
PERSONS AUTHORIZED TO REPRESENT THE
GOVERNMENT
Any official or other person appointed or
designated in accordance with law to appear for
the government of the Philippines or any of its
officials shall have all the rights of a duly
authorized member of the bar to appear in any
case in which the government has an interest,
direct or indirect, or in which such official is
charged in his official capacity.
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
RULES ON PUBLIC OFFICIALS REGARDING
PRACTICE OF LAW
PUBLIC OFFICIALS WHO CANNOT PRACTICE
LAW IN THE PHILIPPINES
1. Judges and other officials or employees of
the superior court
2. Officials and employees of the Office of
the Solicitor General
3. Government Prosecutors
4. President, Vice-President, members of the
Cabinet, their deputies and assistants
5. Chairmen and members of the
Constitutional Commissions
6. Ombudsman and his deputies
7. Governors, city and municipal mayors
8. Those who, by special law are prohibited
from engaging in the practice of their
legal profession
PUBLIC OFFICIALS WITH RESTRICTIONS IN
THE PRACTICE OF LAW
1. Senators and Members of the House of
Representatives
2. Members of the Sanggunian
3. Retired Justice or Judge
4. Civil Service officers or employees without
permit from their respective department
heads [Noriega vs. Sison 125 SCRA 293]
RESTRICTIONS IN THE PRACTICE OF LAW OF
MEMBERS OF LEGISLATURE
 CASES: A lawyer-member of the legislature is
only prohibited from appearing as counsel before
any court of justice, electoral tribunals or quasi-
judicial and administrative bodies. The word
“appearance” includes not only arguing a case
before any such body but also filing a pleading on
behalf of a client as “by simply filing a formal
motion, plea or answer”. [Ramos vs. Manalac 89
Phil 270]
Neither can he allow his name to appear
in such pleading by itself or as part of a firm name
under the signature of another qualified lawyer
because the signature of an agent amounts to
signing of a non-qualified senator or congressman,
the office of an attorney being originally of agency,
and because he will, by such act, be appearing in
court or quasi-judicial or administrative body in
violation of the constitutional restriction. “He
cannot do indirectly what the Constitution prohibits
directly”. [In re: David 93 PHIL 461]
RESTRICTIONS IN THE PRACTICE OF LAW OF
THE MEMBERS OF THE SANGGUNIAN
They shall not:
1. Appear as counsel before any court in any
civil case wherein a local government unit
or any office, agency or instrumentality of
the government is the adverse party;
2. Appear as counsel in any criminal case
wherein an officer or employee of the
national or local government is accused of
an offense committed in relation to his
office;
3. Collect any fee for their appearance in
administrative proceedings involving the
local government unit of which he is an
official. [Sec. 90, R.A. 7160]
4 2005 CENTRALIZED BAR OPERATIONS
4. Use property and personnel of the
government except when the Sanggunian
member concerned is defending the
interest of the government
RESTRICTIONS IN THE PRACTICE OF LAW OF
RETIRED JUSTICE/JUDGE
As a condition of the pension provided under
R.A. 910, no retiring justice or judge of a court of
record or city or municipality judge during the time
that he is receiving said pension shall:
Appear as counsel before any court in:
a. Any civil case wherein the government
or any subdivision or instrumentality
thereof is the adverse party;
b. Any criminal case wherein an officer or
an employee of the government is
accused of an offense committed in
relation to his office.
2. Collect any fees for his appearance in any
administrative proceedings to maintain an
interest adverse to the government,
provincial or municipal, or to any of its legally
constituted officers [Sec 1, RA 910].
REMEDIES AGAINST UNAUTHORIZED
PRACTICE (DICED)
1. Petition for Injunction
2. Declaratory Relief
3. Contempt of Court
4. Disqualification and complaints for
disbarment
5. Criminal complaint for estafa against a
person who falsely represented to be an
attorney to the damage of a party
PRIVILEGES AND DUTIES OF A LAWYER
PRIVILEGES OF AN ATTORNEY:
1. To practice law during good behavior before
any judicial, quasi-judicial, or administrative
tribunal.
2. The first one to sit in judgment on every case,
to set the judicial machinery in motion.
3. Enjoys the presumption of regularity in the
discharge of his duty.
4. He is immune, in the performance of his
obligation to his client, from liability to a third
person insofar as he does not materially
depart from his character as a quasi-judicial
officer.
5. His statements, if relevant, pertinent or
material to the subject of judicial inquiry are
absolutely privileged regardless of their
defamatory tenor and of the presence of
malice.
OTHER PRIVILEGES:
First grade civil service eligibility for any position in
the classified service in the government the
duties of which require knowledge of law.
Second grade civil service eligibility for any other
government position which does not prescribe
proficiency in law as a qualification.
FOUR-FOLD DUTIES OF A LAWYER
1. Court- respect or defend against criticisms,
uphold authority and dignity, obey order and
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
processes, assist in the administration of
justice.
2. Bar- candor, fairness, courtesy and
truthfulness, avoid encroachment in the
business of other lawyers, uphold the honor
of the profession.
3. Client- entire devotion to client’s interest.
4. Public- should not violate his responsibility to
society, exemplar for uprighteousness, ready
to render legal aid, foster social reforms,
guardian of due process, aware of special role
in the solution of special problems and be
always ready to lend assistance in the study
and solution of social problems.
SPECIFIC DUTIES OF A LAWYER (SEC. 20,
RULE 138) [C2A2R2E2D]
1. To maintain Allegiance to the Republic of
the Philippines and to support the
Constitution and obey the laws of the
Philippines;
2. To observe and maintain the Respect due
to the courts of justice and judicial
officers;
3. To Counsel and maintain the respect due
to the courts of justice and judicial
officers;
4. To Employ, for the purpose of maintaining
the causes confided to him, such means
only as are consistent with truth and
honor, and never seek to mislead the
judge or any judicial officer by an artifice
or false statement of fact or law;
5. To maintain inviolate the Confidence and
at every peril to himself, to preserve the
secrets in connection with his client and to
accept no compensation in connection
with his client’s business except from him
or with his knowledge and approval;
6. To Abstain from all offensive personality
and to advance no fact prejudicial to the
honor and reputation of a party or
witness, unless required by the justice of
the cause with which he is charged;
7. Not to Encourage either the
commencement or the continuance of an
action or proceeding, or delay any man’s
cause, from any corrupt motive or
interest;
8. Never to Reject, for any consideration
personal to himself, the cause of the
defenseless or oppressed;
9. In the Defense of a person accused of
crime, by all fair and honorable means,
regardless of his personal opinion as to
the guilt of the accused, to present every
defense that the law permits to the end
that no person may be deprived of life or
liberty, but by due process of law.
DUTY OF COUNSEL DE OFICIO
A counsel de oficio is expected to render
effective service and to exert his best efforts on
behalf of an indigent accused. He has as high a
duty to a poor litigant as to a paying client. He
should have a bigger dose of social conscience and
a little less of self-interest.
 San Beda College of Law
5
MEMORY
ROLE OF PRIVATE PROSECUTOR
A private prosecutor may intervene in the
prosecution of a criminal action when the offended
party is entitled to indemnity and has not waived
expressly, reserved or instituted the civil action for
damages. He may prosecute the accused up to the
end of the trial even in the absence of the public
prosecutor if authorized by the chief of the
prosecution office or the Regional State Prosecutor
subject to the approval of the court (Sec. 5, Rule
110; Rules of Court dated May 1, 2002).
THE LAWYER’S 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.
NOTARY PUBLIC
A person appointed by the court whose
duty is to attest to the genuineness of any deed or
writing inorder to render them available as
evidence of facts stated therein and who is
authorized by the statute to administer various
oaths.
A.M. No. 02-8-13-SC: Rules on Notarial
Practice of 2004
(August 1, 2004)
QUALIFICATIONS OF A NOTARY PUBLIC
1. Must be citizen of the Philippines
2. Must be over twenty-one (21) years of age
3. Must be a resident in the Philippines for at
least one (1) year and maintains a regular
place of work or business in the city or
province where the commission is to be
issued
4. Must be a member of the Philippine Bar in
good standing with clearances from the
Office of the Bar Confidant of the Supreme
Court and the Integrated Bar of the
Philippines
5. Must not have been convicted in the first
instance of any crime involving moral
turpitude (Rule III, Section 1)
JURISDICTION AND TERM
A notary public may perform notarial acts
in any place within the territorial jurisdiction of
the commissioning court for a period of two (2)
years commencing on the 1 st day of January of
the year in which the commissioning is made
UNLESS earlier revoked or the notary public
has resigned according to these Rules and the
Rules of Court (Rule III, Section 11).
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
POWERS AND LIMITATIONS OF NOTARIES
PUBLIC
POWERS
 A notary public is empowered to do
the following acts: (JAOSAC)
1. Acknowledgments;
2. Oaths and affirmations;
3. Jurats;
4. Signature witnessings;
5. Copy certifications; and
6. Any other act authorized by these
Rules.
 A notary public is authorized to certify
the affixing of a signature by thumb or other
mark on an instrument or document presented
for notarization if:
1. The thumb or other mark is affixed in
the presence of the notary public and
of two (2) disinterested and
unaffected witnesses to the
instrument or document;
2. Both witnesses sign their own names
in addition to the thumb or other
mark;
3. The notary public writes below the
thumb or other mark: “Thumb or
Other Mark affixed by (name of
signatory by mark) in the presence of
(names and addresses of witnesses)
and undersigned notary public”, and
4. The notary public notarizes the
signature by thumb or other mark
through an acknowledgment, jurat or
signature witnessing.
 A notary public is authorized to sign
on behalf of a person who is physically unable
to sign or make a mark on an instrument or
document if:
1. The notary public is directed by the
person unable to sign or make a mark
to sign on his behalf;
2. The signature of the notary public is
affixed in the presence of two (2)
disinterested and unaffected
witnesses to the instrument or
document;
3. Both witnesses sign their own names;
4. The notary public writes below his
signature: “Signature affixed by
notary in the presence of (names and
addresses of person and two (2)
witnesses)”, and
5. The notary public notarizes his
signature by acknowledgment or jurat
(Rule IV, Section 1).
PROHIBITIONS
General Rule: A notary public shall not perform a
notarial act outside his regular place of work or
business.
Exceptions: A notarial act may be performed at
the request of the parties in the following sites
located within his territorial jurisdiction:
a. Public offices, convention halls and similar
places where oaths of office may be
administered;
b. Public function areas in hotels and similar
places for the signing of instruments or
documents requiring notarization;
c. Hospitals and medical institutions where a
party to the instrument or document is
confined for treatment; and
6 2005 CENTRALIZED BAR OPERATIONS
d. Any place where a party to the instrument
or document requiring notarization is
under detention.
 A person shall not
perform a notarial act if:
1. the person involved as signatory to
the instrument or document-
a. Is not in the notary’s presence at
the time of the notarization; and
b. Is not personally known to the
notary public or otherwise
identified by the notary public
through competent evidence of
identity as defined by these
Rules (Rule IV, Section 2).
2. the certificate containing an
information known or believed to be
false; and
3. he shall not affix an official signature
or seal on a notarial certificate that is
incomplete (Rule IV, Section 5).
DISQUALIFICATIONS
A notary public is disqualified from performing a
notarial if he:
1) Is a party to the instrument or document;
2) Will receive, as a direct or indirect result
any commission, fee, advantage, right,
title, interest, cash, property, or other
consideration, except as provided that is
to be notarized;
3) Is a spouse, common-law partner,
ancestor, descendant, or relative by
affinity or consanguinity of the principal
within the fourth civil degree (Rule IV,
Section 3).
When notary public may refuse to notarize
even if appropriate fee is tendered:
1) When the notary knows or has good
reason to believe that the notarial act or
transaction is unlawful or immoral.
2) When the signatory shows a Judge constitutes good cause for the
demeanor which engenders in the mind of
the notary public reasonable doubt as to
the former’s knowledge of the
consequences of the transaction requiring
a notarial act.
3) If in the notary’s judgment, the
signatory is not acting in his/her own free
will (Rule IV, Section 4).
4) If the document or instrument to be
notarized is considered as an improper
document by these Rules.
NOTE: A blank or incomplete instrument or
document OR an instrument or document without
appropriate notarial certification is considered an
Improper Instrument/Document (Rule IV, Section
6).
NOTARIAL CERTIFICATES
Contents of the Concluding part of the Notarial
Certificate:
1) The name of the notary public as exactly
indicated in the commission;
2) The serial number of the commission of
the notary public;
3) The words “Notary Public” and the
province or city where the notary public is
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
commissioned, the expiration date of the
commission and the office address of the
notary public; and
4) The Roll of Attorneys’ number, the
Professional Tax Receipt number and the
place and date of issuance thereof and
the IBP Membership number (Rule VIII,
Section 2).
REVOCATION OF COMMISSION
The Executive Judge shall revoke a commission
for any ground on which an application for a
commission may be denied.
In addition, the Executive Judge may revoke
the commission of or impose sanctions upon any
notary public who:
1) Fails to keep a notarial register;
2) Fails to make the appropriate entry
or entries in his notarial register
concerning his notarial acts;
3) Fails to send the copy of the entries
to the Executive Judge within the first ten
(10) days of the month following;
4) Fails to affix to acknowledgments the
date of expiration of his commission;
5) Fails to submit his notarial register,
when filled, to the Executive Judge;
6) Fails to make his report, within a
reasonable time, to the Executive Judge
concerning the performance of his duties,
as may be required by the Judge;
7) Fails to require the presence of the
principal at the time of the notarial act;
8) Fails to identify a principal on the
basis of personal knowledge or competent
evidence;
9) Executes a false or incomplete
certificate under Section 5, Rule IV;
10) Knowingly performs or fails to
perform any other act prohibited or
mandated by these Rules; and
11) Commits any other dereliction or act
which in the judgment of the Executive
revocation of the commission or
imposition of administrative sanction
(Rule XI, Section 1).
PUNISHABLE ACTS
The Executive Judge shall cause the
prosecution of any person who:
1) Knowingly acts or otherwise
impersonates a notary public;
2) Knowingly obtains, conceals,
defaces, or destroys the seal, notarial
register, or official records of a notary
public; and
3) Knowingly solicits, coerces, or in
any way influences a notary public to
commit official misconduct (Rule XII,
Section 1).
TERMS TO REMEMBER
Amicus Curiae- is an experienced and impartial
attorney invited by the court to appear and
help in the disposition of the issues submitted
to it. It implies friendly intervention of counsel
to call the attention of the court to some
 San Beda College of Law
7
MEMORY
matters of law or facts which might otherwise
escape its notice and in regard to which it
might go wrong. An amicus curiae appears in
court not to represent any particular party but
only to assist the court.
Amicus Curiae par excellence – bar associations
who appear in court as amici curiae or friends
of the court. Acts merely as a consultant to
guide the court in a doubtful question or issue
pending before it.
Attorney ad hoc- a person named appointed by
the court to defend an absentee defendant in
the suit in which the appointment is made.
Attorneys-At-Law – that class of persons who are
licensed officers of the courts empowered to
appear, prosecute and defend, and upon
whom peculiar duties, responsibilities and
liabilities are developed by law as a
consequence.
Attorney in fact- simply an agent whose
authority is strictly limited by the instrument
appointing him. His authority is provided in a
special power of attorney or general power of
attorney or letter of attorney. He is not
necessarily a lawyer.
Attorney of record- the attorney whose name is
entered in the records of an action or suit as the
lawyer of a designated party thereto.
Bar and Bench – “Bar” refers to the whole body of
attorneys and counselors collectively, the
members of the legal profession: “Bench”
denotes the whole body of judges.
Bar Association – an association of members of
the legal profession like the IBP where
membership is integrated or compulsory.
Client – one who engages the services of a lawyer
for legal advice or for purposes of prosecuting
or defending a suit in behalf and usually for a
fee.
Counsel/Attorney de oficio – an attorney
appointed by the court to defend an indigent
defendant in a criminal action.
In a criminal action, if the defendant
appears without an attorney, he must be
informed by the court that it is his right to
have an attorney before being arraigned and
must be asked if he desires the aid of an
attorney. If he desires and is unable to employ
an attorney, the court must assign a counsel
de oficio to defend him. He is also designated
as counsel of indigent litigants. The
appointment of a counsel de oficio in that
instance is a matter of right on the part of the
defendant.
On appeal in a criminal case, the
appellate court must also appoint a counsel
de oficio if, as shown by the certificate of the
clerk of court of the trial court, a defendant
(a) is confined in prison, (b) without means to
employ an attorney, (c) desires to be
defended de oficio.
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
House Counsel – one who acts as attorney for
business though carried as an employee of
that business and not as an independent
lawyer.
Lawyer – this is the general term for a person
trained in the law and authorized to advice
and represent others in legal matters
Lead Counsel – the counsel on either side of a
litigated action who is charged with the
principal management and direction of a
party’s case, as distinguished from his juniors
or subordinates.
Of Counsel – an experienced lawyer, usually a
retired member of the judiciary, employed by
law firms as consultants.
Practicing Lawyer – one engaged in the practice
of law who by license are officers of the court
and who are empowered to appear, prosecute
and defend a client’s cause.
Pro Se - an appearance by a lawyer in his own
behalf.
Trial Lawyer – one who personally handles cases
in court, administrative agencies of boards
which means engaging in actual trial work,
either for the prosecution or for the defense
of cases of clients.
II .THE CANONS OF PROFESSIONAL
RESPONSIBILITY
Chapter I: The Lawyer and Society
CANON -
1. Uphold the Constitution and obey the
laws of the land
2. Make legal services available in an
efficient and convenient manner
3. Use of true, honest, fair, dignified and
objective information in making
known legal services
4. Participate in the improvement of the
legal system
5. Keep abreast of legal development
and participate in continuing legal
education program and assist in
disseminating information regarding
the law and jurisprudence
6. Applicability of the CPR to lawyers in
the government service
Chapter II: The Lawyer and the Legal
Profession
CANON -
7. At all times uphold the integrity and
dignity of the Profession and support
the activities of the IBP
8. Conduct himself with courtesy,
fairness and candor toward his
colleagues and avoid harassing
tactics
9. Not to directly or indirectly assist in
the unauthorized practice of law
8 2005 CENTRALIZED BAR OPERATIONS
Chapter III: The Lawyer and the Courts
CANON -
10. Owes candor, fairness and good faith
to the court
11. Observe and maintain the respect
due courts and judicial officers
12. Duty to assist in the speedy and
efficient administration of justice
13. Rely upon the merits of his cause,
refrain from any impropriety which
tends to influence courts, or give the
appearance of influencing the court
Chapter IV: The Lawyer and the Client
CANON -
14. Not to refuse his services to the
needy
15. Observe candor, fairness and loyalty
in all his dealings and transactions
with clients
16. Hold in trust all the moneys and
property of his client that may come
to his possession
17. Owes fidelity to clients cause and be
mindful of the trust and confidence
reposed in him
18. Serve client with competence and
diligence
19. Represent client with zeal and within
the bounds of law
20. Charge only fair and reasonable fees
21. Preserve the confidence and secrets
of client even after the atty.-client
relation is terminated
22. Withdraw services only for good
cause and upon notice
LAWYER’S DUTIES TO SOCIETY
CANON 1: UPHOLD THE CONSTITUTION AND
OBEY THE LAWS OF THE LAND
DISCOURAGING LAW SUITS
Under Rule 1.03, a lawyer shall not for any
corrupt motive or interest, encourage any suit or
proceeding or delay any man’s cause.
CRIME OF MAINTENANCE – A lawyer owes to
society and to the court the duty not to stir up
litigation. The following are unprofessional acts
within the prohibition:
1. Volunteering advice to bring lawsuit except
where ties of blood, relationship, and trust
make it a duty to do so.
2. Hunting up defects in titles or other causes
of action and informing thereof to be
employed to bring suit or collect
judgment, or to breed litigation by seeking
out claims for personal injuries or any
other grounds to secure them as clients.
3. Employing agents or runners for like
purposes.
4. Paying direct or indirect reward to those
who bring or influence the bringing of
such cases to his office.
5. Searching for unknown heirs and soliciting
their employment.
6. Initiating a meeting of a club and inducing
them to organize and contest legislation
under his guidance.
7. Purchasing notes to collect them by
litigation at a profit.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
A lawyer shall refrain from committing
barratry and ambulance chasing of cases.
Barratry – offense of frequently inciting and
stirring up quarrels and suits. The lawyer’s act of
fomenting suits among individuals and offering his
legal services to one of them
Ambulance Chasing – a lawyer’s act of chasing
the victims of an accident for the purpose of
talking to the same victim or the latter’s relatives
and offering his legal services for the filing of the
case against the person who caused the accident.
Ambulance Chaser – is a lawyer who haunts
hospitals and visits the homes of the afflicted,
officiously intruding their presence and persistently
offering his service on the basis of a contingent.
Ambulance chasing has spawned recognized
evils such as: (FSMD)
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.
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 the just
rights of the injured persons.
CANON 2: MAKING AVAILABLE EFFICIENT
LEGAL SERVICE
A lawyer shall not reject, except for valid
reasons, the cause of the defenseless or the
oppressed. (Rule 2.01)
Even if the lawyer does not accept a case,
he shall not refuse to render legal advice to the
person concerned if only to the extent necessary to
safeguard the latter’s rights. (Rule 2.02)
CANON 3: USE OF TRUE, HONEST, FAIR AND
OBJECTIVE INFORMATION IN MAKING KNOWN
LEGAL SERVICES
ADVERTISING AND SOLICITATION
General Rule: A lawyer cannot advertise his
talent, as he is a member of an honorable
profession whose primary purpose is to render
public service and help secure justice and in which
the remuneration is a mere incident.
It is highly unethical for an attorney to
advertise his talents or skill as a merchant
advertises his wares. [In re: Tagorda 53 Phil 42]
Exceptions:
1. Writing legal articles
2. Engaging in business or other
occupations except when such could be
deemed improper, be seen as indirect
solicitation or would be the equivalent of
law practice.
3. Law lists, but only brief biographical
and informative data
 San Beda College of Law
9
MEMORY
4. Ordinary, professional cards
5. Notice to other local lawyers and
publishing in a legal journal of one’s
availability to act as an associate for them
6. The proffer of free legal services to
the indigent, even when broadcasted over
the radio or tendered through circulation
of printed matter to the general public.
7. Seeking a public office, which can
only be held by a lawyer or, in a dignified
manner, a position as a full time corporate
counsel.
8. Simple announcement of the opening
of a law firm or of changes in the
partnership, associates, firm name or
office address, being for the convenience
of the profession.
9. Listing in a phone directory, but not
under a designation of a special branch of
law.
10. Activity of an association for the
purpose of legal representation.
Solicitation of Cases Constitutes Malpractice
The law prohibits lawyers from soliciting
cases for the purpose of gain, either personally or
through paid agents or brokers and makes the act
malpractice [Rule 138, sec. 27, Rules of Court]. The
rule prohibits professional touting. Neither shall a
lawyer “charge rates lower than those customarily
prescribed unless the circumstances so warrant.”
USE OF LAW FIRM NAME
1. 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.
[Rule 3.02, Code of Professional Responsibility].
Hence, the rule abandoned the doctrine laid down
in the case of In re: Sycip, 92 SCRA 1 (1979).
Reason: All of the partners by their joined efforts
over a period of years contributed to the goodwill
attached to the firm name, and this goodwill is
disturbed by a change in firm name every time a
partner dies.
2. Where a partner accepts public office, he shall
withdraw from the firm and his name shall be
dropped from the firm name unless the law allows
him to practice concurrently. [Rule 3.02, Code of
Professional Responsibility].
3. Filipino lawyers cannot practice law under the
name of a foreign law firm, as the latter cannot
practice law in the Philippines and the use of the
foreign law firm in the country is unethical.
(Dacanay vs. Baker & McKenzie, G.R. Adm. Case
No. 2131)
CANON 4: PARTICIPATE IN THE IMPROVEMENT
OF THE LEGAL SYSTEM
Examples:
1. Presenting position papers or resolutions
for the introduction of pertinent bills in
Congress;
2. Petitions with the SC for the amendment
of the Rules of Court.
CANON 5: KEEP ABREAST OF LEGAL
DEVELOPMENTS AND PARTICIPATE IN
CONTINUING LEGAL EDUCATION PROGRAM
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
THREE-FOLD OBLIGATIONS OF A LAWYER:
1. He owes it to himself to continue
improving his knowledge of the law.
2. He owes it to his profession to take an
active interest in the maintenance of high
standards of legal education.
3. He owes it to the lay public to make the
law a part of their social consciousness.
Bar Matter 850: MANDATORY CONTINUING
LEGAL EDUCATION (MCLE)
(Adopting the Rules on the Continuing Legal
Education for Members of the Integrated Bar of the
Philippines)
August 8, 2000
Purpose: To ensure that throughout their career,
they keep abreast with law and jurisprudence,
maintain the ethics of the profession and enhance
the standards of the practice of law.
Requirements of Completion of MCLE
Members of the IBP, unless exempted under
Rule 7, shall complete every three (3) years at
least 36 hours of continuing legal education
activities. The 36 hours shall be divided as follows:
a. 6 hours – legal Ethics
b. 4 hours – trial and pretrial skills
c. 5 hours – alternative dispute
resolution
d. 9 hours – updates on substantive
and procedural laws and jurisprudence
e. 4 hours – writing and oral
advocacy
f. 2 hours – international law and
international conventions
g. 6 hours – such other subjects as
may be prescribed by the Committee on
MCLE
Parties Exempted from the MCLE
1. The President, Vice-President, and the
Secretaries and Undersecretaries of
executive departments;
2. Senators and Members of the House of
Representatives;
3. The Chief Justice and Associate Justices of
the SC, incumbent and retired justices of
the judiciary, incumbent members of the
Judicial and Bar Council and incumbent
court lawyers covered by the Philippine
Judicial Academy Program of continuing
legal education;
4. The Chief State Counsel, Chief State
Prosecutor and Assistant Secretaries of
the Department of Justice;
5. The Solicitor-General and the Assistant
Solicitor-General;
6. The Government Corporate Counsel,
Deputy and Assistant Government
Corporate Counsel;
7. The Chairman and Members of the
Constitutional Commissions;
8. The Ombudsman, the Overall Deputy
Ombudsman, the Deputy Ombudsman
and the 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 10 years in
accredited law schools;
10 2005 CENTRALIZED BAR OPERATIONS
11. The Chancellor, Vice-Chancellor and
members of the Corps of Professional
Lecturers of the Philippine Judicial
Academy; and
12. Governors and Mayors
Other Exempted Parties
1. Those who are not in law practice, private
or public
2. Those who have retired from law practice
with the approval of the IBP Board of
Governors
Good Cause for Exemption from or
modification of requirement
A member may file a verified request
setting forth good cause for exemption (such as
physical disability, illness, post-graduate study
abroad, proven expertise in law) from compliance
with or modification of any of the requirements,
including an
extension of time for compliance, in accordance
with procedure to be established by the committee
on MCLE.
Proof of exemption: Applications for exemption
from or modification of the MCLE requirement shall
be under oath and supported by documents.
Consequences of Non-Compliance
1. 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.
2. The listing as a delinquent member is
administrative in nature but shall be made
with notice and hearing by the Committee
on MCLE.
CANON 6: APPLICABILITY OF THE CPR TO
LAWYERS IN THE GOVERNMENT SERVICE
Restriction Against Using Public Office to
Promote Private Interest
Public officials and employees during their
incumbency shall NOT:
1. Own, control, manage or accept
employment as officer, employee,
consultant, counsel, broker, agent, trustee
or nominee in any private enterprise
regulated, supervised or licensed by their
office unless expressly allowed by law
2. Engage in the private practice of their
profession unless authorized by the
constitution or law, provided that such
practice will not conflict or tend to conflict
with their official functions.
3. Recommend any person to any position in
a private enterprise which has a regular or
pending official transaction with their
office
4. Use or divulge confidential or classified
information officially known to them by
reason of their office and not available to
the public.
Restrictions Against Former Official from
Accepting Certain Employment
A lawyer shall NOT, after leaving the
government service, accept engagement or
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
employment in connection with any matter in
which he had intervened while in said service.
[Rule 6.03, Code of Professional Responsibility]
Section 7 (b), RA 6713 prohibits any former
public official or employee for a period of one year
after retirement or separation from office to
practice his profession in connection with any other
matter before the office he used to be with.
THE LAWYER AND THE LEGAL PROFESSION
CANON 7: UPHOLD THE INTEGRITY AND
DIGNITY OF THE PROFESSION AND SUPPORT
THE ACTIVITIES OF THE IBP
A lawyer shall be answerable for
knowingly making a false statement or suppressing
a material fact, in connection with his application
for admission to the bar. (Rule 7.01)
A lawyer shall not, whether in public or
private life, behave in a scandalous manner to the
discredit of the legal profession. (Rule 7.03)
 CASE: Counsel’s act of filing multiple
complaints against herein complainant’s reflects on
his fitness to be a member of the legal profession.
His act evinces vindictiveness, a decidedly
undesirable trait whether in a lawyer or another
individual, as complainants were instrumental in
respondent’s dismissal from the judiciary.
(Saburnido vs. Madrono, 366 SCRA 1, September
26, 2001)
CANON 8: COURTESY, FAIRNESS AND CANDOR
TOWARD HIS COLLEAGUES AND AVOID
HARASSING TACTICS
A lawyer shall not, in his professional
dealings, use language which is abusive, offensive
or otherwise improper. (Rule 8.01)
 CASE: Although aware that the plaintiff
students were represented by counsel, respondent
attorney, counsel for the defendants proceeded,
nonetheless, to negotiate with them and their
parents without at the very least communicating
the matter to their lawyer. This failure of
respondent is an inexcusable violation of the
canons of professional ethics and in utter disregard
of a duty owing to a colleague. (Camacho vs.
Pangulayan, 328 SCRA 631, March 22, 2000)
CANON 9: PREVENTING UNAUTHORIZED
PRACTICE OF LAW
Public policy requires that the practice of law
be limited to those individuals found duly qualified
in education and character.
Purpose: To protect the public, the court, the
client and the bar from the incompetence or
dishonesty of those unlicensed to practice law and
not subject to the disciplinary control of the court.
1. A lawyer is prohibited from allowing an
intermediary to intervene in the
performance of his professional obligation.
2. A lawyer cannot delegate to any
unqualified person the performance of any
task which by law may only be performed
by a member of the Bar in good standing.
3. A lawyer cannot divide or stipulate a fee
for legal services with a person not
licensed to practice law.
Exceptions:
 San Beda College of Law
11
MEMORY
1. Where there is a pre- existing
agreement with a partner or associate
that, upon the latter’s death, money shall
be paid over a reasonable period of time
to his estate or to persons specified in the
agreement;
2. Where a lawyer undertakes to
complete unfinished legal business of a
deceased lawyer;
3. Where a lawyer or law firm includes
non-lawyer employees in a retirement
plan, even if the plan is based in whole or
in part on a profit-sharing arrangement.
LAWYER’S DUTIES TO COURTS
CANON 10: CANDOR, FAIRNESS AND GOOD
FAITH TO COURTS
A lawyer shall NOT do any falsehood, nor
consent to the doing of any in court; nor shall be
misled, or allow the court to be misled by any
artifice. (Rule 10.01)
REQUIREMENTS OF CANDOR:
1. A lawyer shall not suppress material and vital
facts which bear on the merit or lack of merit
of complaint or petition;
2. A lawyer shall volunteer to the court any
development of the case which has rendered
the issue raised moot and academic;
3. Disclose to court any decision adverse to his
position of which opposing counsel is
apparently ignorant and which court should
consider in deciding a case;
4. He shall not represent himself as lawyer for a
client, appear for client in court and present
pleadings, only to claim later that he was not
authorized to do so.
Note: A lawyer is not an umpire but an advocate.
He is not obliged to refrain from making every
proper argument in support of any legal point
because he is not convinced of its inherent
soundness. Neither is he obliged to suggest
arguments against his position.
A lawyer shall NOT knowingly misquote or
misrepresent the contents of a paper, the language
or the argument of opposing counsel, or the text of
a decision or authority, or knowingly cite as a law a
provision already rendered inoperative by repeal or
amendment, or assert as a fact that which has not
been proved. (Rule 10.02)
A lawyer shall observe the rules of
procedure and shall NOT misuse them to defeat
the ends of justice. (Rule 10.03)
CANON 11: OBSERVANCE OF RESPECT DUE
THE COURTS
A lawyer shall observe and maintain the
respect due to the courts and to judicial officers
and should insist on similar conduct by others.
A lawyer should show respect due the
court and judicial officer by appearing during the
trial of a case punctually and in proper attire.
A lawyer’s language should be forceful but
dignified, emphatic but respectful as befitting an
advocate and in keeping with the dignity of the
legal profession.
RIGHT AND DUTY OF LAWYER TO CRITICIZE
COURTS
The fact that a person is a lawyer does not
deprive him of the right, enjoyed by every citizen,
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
to comment on and criticize the actuations of a
judge.
However, what he can ordinarily say
against a concluded litigation and the manner the
judge handed down the decision therein may NOT
generally be said to a pending action. The court, in
a pending litigation, must be shielded from
embarrassment or influence in its all important
duty of deciding the case. On the other hand, once
a litigation is concluded the judge who decided 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.
But it is the cardinal condition of all such
criticism that it shall be bona fide, and shall not
spill over the walls of decency and propriety.
CANON 12: ASSISTING IN SPEEDY AND
EFFICIENT ADMINISTRATION OF JUSTICE
A lawyer shall NOT appear for trial unless
he has adequately prepared himself on the law and
the facts of his case, the evidence he will adduce
and the order of its presentation. He should also be
ready with the original documents for comparison
with the copies. [Rule 12.01 Code of Professional
Responsibility]
A lawyer shall NOT unduly delay a case,
impede the execution of judgment or misuse court
processes. [Rule 12.04, Code of Professional
Responsibility]
 CASE: The Court further commented that it is
understandable for a party in the situation to make
full use of every conceivable legal defense the law
allows it. In the appraisal, however, of such
attempts to evade liability to which a party should
respond, it must ever be kept in mind that
procedural rules are intended as an aid to justice,
not as means for its frustration. Technicalities
should give way to the realities of the situation.
(Economic Insurance Co., Inc. vs. Uy Realty Co.)
The duty of a lawyer to assist in the
speedy and efficient administration of justice
includes the duty to refrain from talking to his
witness during a break or recess in the trial while
the witness is still under examination.
FORUM SHOPPING - the act of filing repetitious
suits in different courts. It is committed through the
following:
1. Going from one court to another in the
hope of securing a favorable relief in one
court, which another court has denied.
2. Filing repetitious suits or proceedings in
different courts concerning the same
subject matter after one court has
decided the suit with finality.
3. Filing a similar case in a judicial court after
receiving an unfavorable judgment from
an administrative tribunal.
Forum shopping is prohibited by
Supreme Court Circular No. 28-91, and the
corresponding penalties for violation thereof are as
follows:
1. Any violation of this circular shall be a
cause for the summary dismissal of the
multiple petition or complaint;
2. Any willful and deliberate forum shopping
by any party and his lawyer with the filing
of multiple petitions or complaints to
12 2005 CENTRALIZED BAR OPERATIONS
ensure favorable action shall constitute
direct contempt of court;
3. The submission of a fake certification
under par. 2 of the Circular shall likewise
constitute contempt of court, without
prejudice to the filing of a criminal action
against the guilty party. The lawyer may
also be subjected to disciplinary
proceedings.
CANON 13: AVOIDING IMPROPRIETY THAT
TENDS TO INFLUENCE THE COURT
A lawyer shall rely upon the merits of his
cause and refrain from any impropriety which
tends to influence, or gives the appearance of
influencing the court.
A lawyer shall not extend extraordinary
attention or hospitality to, nor seek opportunity for
cultivating familiarity with judges [Rule 13.01,
Code of Professional Responsibility]
A lawyer shall not make public statements
in the media regarding a pending case tending to
arouse public opinion for or against a party. [Rule
13.02, Code of Professional Responsibility]
A lawyer shall not brook nor invite
interference by another branch or agency of the
government in the normal course of judicial
proceedings. [Rule 13.03 Code of Professional
Responsibility]
ATTORNEY-CLIENT RELATIONSHIP
NATURE OF RELATION
1. strictly personal;
2. highly confidential and fiduciary
GENERAL RULES PROTECTING ATTORNEY-
CLIENT RELATIONSHIPS
1. Best efforts must be exerted by the
attorney to protect his client’s interest;
2. The attorney must promptly account for
any fund or property entrusted by or
received for his client;
3. An attorney cannot purchase his client’s
property or interest in litigation;
4. The privacy of communications shall at all
times be upheld;
5. An attorney cannot represent a party
whose interest is adverse to that of his
client even after the termination of the
relation.
CREATION OF RELATION: FORMS OF
EMPLOYMENT AS COUNSEL TO A CLIENT
1. Oral – when the counsel is employed
without a written agreement, but the
conditions and amount of attorney’s fees
are agreed upon.
2. Express  when the terms and conditions
including the amount of fees, are explicitly
stipulated in a written document which
may be a private or public document.
Written contract of attorney’s fees is the
law between the lawyer and the client.
3. Implied – when there is no agreement,
whether oral or written, but the client
allowed the lawyer to render legal
services not intended to be gratuitous
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
without objection, and the client is
benefited by reason thereof.
Note: While a written agreement for professional
services is the best evidence to show the relation,
formality is not an essential element of the
employment of an attorney. The absence of a
written contract will not preclude a finding that
there is a professional relationship. Documentary
formalism is not an essential element in the
employment of an attorney; the contract may be
express or implied.
ADVANTAGES OF A WRITTEN CONTRACT
BETWEEN THE LAWYER AND THE CLIENT:
1. It is conclusive as to the amount of
compensation.
2. In case of unjustified dismissal of an
attorney, he shall be entitled to recover
from the client full compensation
stipulated in the contract [RA 636].
CANON 14: NOT TO REFUSE HIS SERVICES TO
THE NEEDY
RIGHT TO DECLINE EMPLOYMENT;
EXCEPTIONS
General Rule: 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.
Exceptions:
1. A lawyer shall not refuse his services to
the needy.
2. He shall not decline 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.
3. He shall not decline, except for serious
and sufficient cause like (1) if he is not in
a position to carry out effectively or
competently; (2) if he labors under a
conflict of interest between him and the
prospective client or between a present
and prospective client.
Reasons: IBP Guidelines, Art.1, Sec. 1. Public
Service:
1. Legal aid is not a matter of charity but a
public responsibility.
2. It is a means for correction of social
imbalance.
3. Legal aid offices must be so organized as
to give maximum possible assistance to
indigent and deserving members of the
community and to forestall injustice.
DUTY TO DECLINE EMPLOYMENT
A lawyer should decline professional
employment even though how attractive the fee
offered may be if its acceptance will involve:
1. A violation of any of the rules of the legal
profession.
2. Nullification of a contract which he
prepared.
 San Beda College of Law
13
MEMORY
3. Advocacy in any matter in which he had
intervened while in the government
service.
4. Employment, the nature of which might
easily be used as a means of advertising
his professional services or his skill.
5. Employment with a collection agency
which solicits business to collect claims.
6. Any matter in which he knows or has
reason to believe that he or his partner
will be an essential witness for the
prospective client.
ETHICAL CONSIDERATIONS IN TAKING A BAD
CASE
In a Criminal Case: A lawyer may accept a losing
criminal case because every accused is presumed
innocent and is entitled to counsel.
In a Civil Case: The rules and ethics of the
profession enjoin a lawyer from taking a bad case.
Reasons:
1. The attorney’s signature in every pleading
constitutes a certificate by him that there
is good cause to support it and that it is
not interposed for delay, and willful
violation of such rule shall subject him to
disciplinary action.
2. It is the attorney’s duty to “counsel or
maintain such actions or proceedings only
as appear to him to be just and only such
defenses as he believes to be honestly
debatable under the law.”
3. A lawyer is not to encourage either the
commencement or the continuance of an
action or proceeding, or delay any man’s
cause, for any corrupt motive or interest.
4. A lawyer must decline to conduct a civil
cause or to make a defense when
convinced that it is intended merely to
harass or injure the opposite party or to
work oppression or wrong.
However, a lawyer may accept a losing civil
case provided that, in so doing, he must not
engage in dilatory tactics and must advise his
client about the prospects and advantage of
settling the case through a compromise.
LAWYER’S DUTIES TO CLIENT
CANON 15: CANDOR, FAIRNESS AND LOYALTY
IN HIS DEALINGS AND TRANSACTIONS WITH
HIS CLIENTS
CONFLICT OF INTEREST
Duty of a Lawyer to His Client in Case There
is Conflict of Interest
A lawyer, in conferring with a prospective
client shall ascertain as soon as practicable
whether the matter would involve a conflict with
another client or his own interest, and if so, shall
forthwith inform the prospective client. [Rule
15.01]
It is the duty of a lawyer at the time of
retainer to disclose to the client all circumstances
of his relations to the parties and any interest in
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
connection with the controversy, which might
influence the client in the selection of counsel.
It is unprofessional to represent conflicting
interests, except by express consent of all
concerned given after a full disclosure of facts.
Within the meaning of this Canon, a lawyer
represents conflicting interests when, in behalf of
one client it is his duty to contend for that which
duty to another client requires him to oppose.
Tests to Determine Conflicting Interests
1. Will the attorney be required to
contest for that which his duty to
another client requires him to
oppose? (Conflicting duties)
2. Will the acceptance of a new relation
invite suspicion and/or actually lead
to unfaithfulness or double-dealing
towards another client? (Invitation
of suspicion)
3. Will the attorney be called upon in his
new relation to use against his first
client any knowledge acquired in the
previous employment? (Use of prior
knowledge obtained)
INSTANCES WHEN A LAWYER IS CONSIDERED
HAVING CONFLICTING DUTIES
1. As an employee of a corporation whose
duty is to attend legal affairs, he cannot
join a labor union of employees in that
corporation;
2. As a lawyer who investigated an accident
as counsel for an insurance, he cannot
represent the injured person;
3. As a receiver of a corporation, he cannot
represent the creditor;
4. As a representative of the obligor, he
cannot represent the obligee;
5. As a lawyer representing a party in a
compromise agreement, he cannot be
subsequent lawyer representing another
client who seeks to nullify the agreement;
Effects of Representing Adverse Interests
1. Disqualification as counsel of new client
on petition of former client.
2. Where such is unknown to, and becomes
prejudicial to the interests of the new
client, a judgment against such may, on
that ground, be set aside.
3. A lawyer can be held administratively
liable through disciplinary action and may
be held criminally liable for betrayal of
trust.
4. The attorney’s right to fees may be
defeated if found to be related to such
conflict and such was objected to by the
former client, or if there was a
concealment and prejudice by reason of
the attorney’s previous professional
relationship with the opposite party.
 CASE: Jurisprudence instructs that there is a
representation of conflicting interests if the
acceptance of the new retainer will require the
attorney to do anything which will injuriously affect
his first client in any matter in which he represents
him and also whether he will be called upon in his
14 2005 CENTRALIZED BAR OPERATIONS
new relation, to use against his first client any
knowledge acquired through their connection.
Another test to determine if there is a
representation of conflicting interests is whether
the acceptance of a new relation will prevent an
attorney from the full discharge of his duty of
undivided fidelity and loyalty to his client or invite
suspicion of unfaithfulness or double dealing in the
performance thereof. (Pormento, Sr. vs. Atty.
Pontevedra, A.C. No. 5128, March 31, 2005)
CANON 16: LAWYER’S DUTY TO HOLD IN
TRUST ALL THE MONEY AND PROPERTY OF
HIS CLIENT THAT MAY COME TO HIS
POSSESSION
PROHIBITION AGAINST PURCHASE OF
PROPERTY IN LITIGATION
Elements of Prohibition
1. There is an attorney-client relationship;
2. The property is in litigation;
3. The attorney is the counsel of record in
the case;
4. The attorney, by himself or through an
agent, purchases such property during the
pendency of said case [Art. 1491 of the
Civil Code]
Other Instances Where Rule is Inapplicable
1. Where the property purchased by a lawyer
was not involved in litigation.
2. Where the sale took place before it
became involved in the suit.
3. Where the attorney at the time of the
purchase was not counsel in the case.
4. Where the purchaser of the property in
litigation was a corporation even though
the attorney was an officer thereof.
5. Where the sale took place after the
termination of the litigation.
6. A lawyer may accept an assignment from
his client of a money judgment rendered
in the latter’s favor in a case in which he
was not counsel, in payment of his
professional services performed in
another case.
7. Prohibition is inapplicable to a contract for
attorney’s fees contingent upon the
outcome of the litigation.
CANON 17: FIDELITY TO THE CAUSE OF HIS
CLIENT AND MINDFUL OF THE TRUST AND
CONFIDENCE REPOSED IN HIM
 CASE: Ordinarily, lawyers are not obliged to act
either as advisers or as advocates of any person
who may wish to become their client. They may
decline employment and refuse to accept
representation, if they are not in a position to carry
it out effectively or competently. But once they
agree to handle a case, attorneys are required by
the Canons of Professional Responsibility to
undertake the task with zeal, care and utmost
devotion.
Acceptance of money from a client
establishes an attorney-client relationship and
gives rise to the duty of fidelity to the client’s
cause. Every case accepted by a lawyer deserves
full attention, diligence, skill and competence,
regardless of importance. (Rollon vs. Atty. Naraval,
A.C. No. 6424, March 4, 2005)
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
CANON 18: SERVE CLIENT WITH COMPETENCE
AND DILIGENCE
DUTY TO PROTECT CLIENT’S INTEREST
The attorney’s duty to safeguard the
client’s interests commences from his retainer
until his effective release from the case or the final
disposition of the whole subject matter of the
litigation. During that period he is expected to
take such reasonable steps and such ordinary care
as his client’s interests may require.
PREPARATION OF PLEADINGS
A lawyer shall not handle any legal matter
without any adequate preparation. (Rule 18.02)
A lawyer should prepare his pleading with
great care and circumspection. He should refrain
from using abrasive and offensive language, for it
merely weakens rather than strengthens the force
of legal reasoning and detracts from its
persuasiveness. In preparing a complaint for
damages, counsel for plaintiff should allege and
state the specific amounts claimed not only in the
body of the complaint but also in the prayer, so
that the proper docket fees can be assessed and
paid.
DUTY TO KEEP CLIENT FULLY INFORMED
A lawyer shall keep the client informed of
the status of his case. (Rule 18.04)
He should notify his client of an adverse
decision while within the period to appeal to enable
his client to decide whether to seek an appellate
review. He should communicate with him
concerning the withdrawal of appeal with all its
adverse consequences. The client is entitled to the
fullest disclosure of the mode or manner by which
his interest is defended or why certain steps are
taken or omitted.
Doctrine of Imputed Knowledge  the
knowledge acquired by an attorney during the time
that he is acting within the scope of his authority is
imputed to the client.
It is based on the assumption that an
attorney, who has notice of matter affecting his
client, has communicated the same to his principal
in the course of professional dealings. The doctrine
applies regardless of whether or not the lawyer
actually communicated to the client what he
learned in his professional capacity, the attorney
and his client being one juridical person.
Exceptions to the Rule that Notice to Counsel
is Notice to Client
1. If strict application might foster dangerous
collusion to the detriment of justice.
2. Service of notice upon party instead of
upon his attorney is ordered by court.
3. Notice of pre trial is required to be served
upon parties and their respective lawyers.
4. In appeal from the lower court to the RTC,
upon docketing of appeal.
DUTY WHEN THE ACCUSED INTENDS TO
PLEAD GUILTY
A PLEA OF GUILTY is an admission by
the accused of his guilt of crime as charged in the
information and of the truth of the facts alleged,
including the qualifying and aggravating
circumstances.
 San Beda College of Law
15
MEMORY
It is the duty of the defense counsel when
his client desires to enter a plea of guilty to:
(ACEPA)
1. Fully acquaint himself with the records
and surrounding circumstances of the
case
2. Confer with the accused and obtain from
him his account of what had happened
3. Advise him of his constitutional rights
4. Thoroughly explain to him the import of a
guilty plea and the inevitable conviction
that will follow
5. See to it that the prescribed procedure
which experience has shown to be
necessary to the administration of justice
is strictly followed and disclosed in the
court records.
DUTY TO COMPLY WITH CLIENT’S LAWFUL
REQUEST
A client shall respond within a reasonable
time to the client’s request for information. (Rule
18.04)
A lawyer should endeavor to seek
instruction from his client on any substantial
matter concerning the litigation, which may require
decision on the part of the client, such as whether
to compromise the case or to appeal an
unfavorable judgment. He should give his client
sound advice on any such and similar matters and
comply with the client’s lawful instructions relative
thereto. He should resist and should never follow
any unlawful instruction of his client.
CANON 19: DUTY TO REPRESENT CLIENT
WITH ZEAL AND WITHIN THE BOUNDS OF THE
LAW
DUTY TO RESTRAIN CLIENT FROM
IMPROPRIETY
A lawyer should use his best efforts to
restrain and to prevent his client from doing those
things which he himself ought not to do,
particularly with reference to the conduct toward
the court, judicial officer, witness and suitor and if
the client persists in such wrong doing, the lawyer
should terminate their relation.
Duty to Advice Candidly
As officers of the court, counsels are
under obligation to advise their clients against
making untenable and inconsistent claims. The
counsel should inform his client and dissuade him
from filing the case if totally devoid of merit. If he
finds that his client’s cause as fairly meritorious
and ripe for judicial adjudication, he should refrain
from making bold and confident assurances of
success.
Duty of Lawyer in Case of Knowledge of
Client’s Fraud
1. He must promptly call upon the client to
rectify the same and failing which,
2. He shall terminate their relationship with
such client in accordance with the Rules of
Court.
AUTHORITY OF A LAWYER
Appearance- the coming into court as a party
either as a plaintiff or as a defendant and asking
relief therefrom.
By virtue of Sec. 20, Rule 14 of the 1997
Rules of Civil Procedure, there is no more
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
distinction between general appearance and
special appearance, in the sense that a defendant
may file a motion to dismiss not only on the ground
of lack of jurisdiction over his person but also on
some other grounds without waving the jurisdiction
of the court over his person.
Presumption of Authority
An attorney is presumed to be properly
authorized to represent any cause in which he
appears in all stages of the litigation and no written
authority is required to authorize him to appear.
The presumption is a strong one. A mere
denial by a party that he has authorized an
attorney to appear for him, in the absence of
compelling reason, is insufficient to overcome the
presumption especially when the denial comes
after the rendition of an adverse judgment.
Effects of an Unauthorized Appearance
1. Party is not bound by the attorney’s
appearance in the case in or by the
judgment rendered therein.
2. Court does not acquire jurisdiction over
the person.
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.
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.
Ratification of Unauthorized Appearance
1. EXPRESS: categorical assertion by client
that he has authorized a lawyer or that he
confirms his authorization to represent
him in the case.
2. IMPLIED: where a party with knowledge
of the fact that a lawyer has been
representing him in a case, accepts
benefits of representation or fails to
promptly repudiate the assumed
authority.
Requisites for Implied Ratification by Silence
1. Party represented by lawyer must be of
age, competent or if suffers from
disability, has guardian or legal
representative.
2. Party or guardian is aware of attorney’s
representation.
3. He fails to promptly repudiate assumed
authority.
Authority of Attorney in the Conduct of
Litigation
A lawyer has authority to bind the client in
all matters of ordinary judicial procedure. He can
bind his client on substantial matters only with the
client’s express or implied consent.
A client may waive, surrender, dismiss, or
compromise any of his rights involved in a litigation
in favor of the other party even without or against
the consent of his attorney.
Authority to Compromise
Compromise- a contract whereby the parties, by
making reciprocal concessions, avoid a litigation or
put an end to one already commenced.
16 2005 CENTRALIZED BAR OPERATIONS
General Rule: The attorney has no authority to
compromise his client’s case.
Reason: 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, and the settlement made by the lawyer will
bind his client.
Exception: Where the lawyer is confronted with
an emergency and prompt, urgent action is
necessary to protect the interest of his client and
there is no opportunity for consultation with him.
Mistakes or Negligence of Lawyer Binding
Upon Client
General Rule: Client is bound by attorney’s
conduct, negligence and mistake in handling case
or in management of litigation and in procedural
technique, and he can not be heard to complain
that result might have been different had his
lawyer proceeded differently.
Exceptions:
1. Where adherence thereto results in
outright deprivation of client’s liberty or
property or where interest of justice so
requires.
2. Where error by counsel is purely technical
which does not affect substantially client’s
cause.
3. Ignorance, incompetence or inexperience
of lawyer is so great and error so serious
that client, who has good cause
prejudiced and denied a day in court.
4. Gross negligence of lawyer.
5. Lack of acquaintance with technical part
of procedure.
CANON 20: DUTY OF THE LAWYER TO CHARGE
ONLY FAIR AND REASONABLE FEES
ATTORNEY’S FEES
Factors in Determining Attorney’s Fees (Rule
20.1, Canon 20) (TINSAP²C³)
1. time spent and the extent of the services
rendered or required;
2. novelty and the difficulty of the questions
involved;
3. importance of the subject matter;
4. skill demanded;
5. probability of losing other employment as
a result of the acceptance of the proffered
case;
6. customary charges for similar services
and the schedule of fees of the IBP
Chapter to which he belongs;
7. amount involved in the controversy and
the benefits resulting to the client from
the service;
8. contingency or certainty of compensation;
9. character of the employment whether
occasional or established; and
10. the professional standing of the lawyer.
Two Concepts of Attorney’s Fees
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
1. Ordinary- it is the reasonable
compensation paid to the lawyer for the
legal services he had rendered the client.
The basis of this compensation is the fact
of employment by the client.
2. Extraordinary- an indemnity for
damages ordered by the court to be paid
by the losing party to the prevailing party
in a litigation. The basis of this is any of
the cases authorized by law and is
payable not to the lawyer but to the client
unless they have agreed that the award
shall pertain to the lawyer as additional
compensation or as part thereof.
Kinds of Payment which may be Stipulated
Upon
1. FIXED OR ABSOLUTE FEE – which is
payable regardless of the result of the
case.
2. CONTINGENT FEE – that is conditioned on
the securing of a favorable judgment and
recovery of money or property and the
amount of which may be on a percentage
basis.
3. A fixed fee payable PER APPEARANCE.
4. A fixed fee computed upon the NUMBER
OF HOURS SPENT
5. A fixed fee based on PIECEWORK.
6. COMBINATION of any of the above.
RETAINER- may refer to either of two concepts:
1. Act of a client by which he engages the
services of an attorney to render legal
advice or to defend or prosecute his cause
in court.
2. Fee which a client pays to the attorney
Kinds of Retainer Agreements
1. General retainer – the fee paid to a
lawyer to secure his future services as
“general counsel” for any ordinary legal
problem that may arise in the ordinary
business of the client and referred to him
for legal action. The client pays fixed
retainer fees, which could be monthly or
otherwise. The fees are paid whether or
not there are cases referred to the lawyer.
2. Special retainer – fee for a specific case
or service rendered by the lawyer for the
client.
Situations when Counsel cannot Recover the
Full Amount of Attorney’s Fees Despite
Written Contract
1. When the services called for were not
performed as when the lawyer withdrew
before the case was finished. He will be
allowed only reasonable fees
2. When there is a justified dismissal of the
attorney, the contract will be nullified and
payment will be on the basis of quantum
meruit only. A contrary stipulation will be
invalid.
3. When the stipulated attorney’s fees are
unconscionable i.e., when it is
disproportionate as compared to the value
of services rendered and is revolting to
human conscience.
 San Beda College of Law
17
MEMORY
4. When the stipulated attorney’s fees are in
excess of what is expressly provided by
law.
5. When the lawyer is guilty of fraud or bad
faith toward his client in the matter of his
employment
6. When the counsel’s services are worthless
because of h is negligence.
7. When contract is illegal, against morals or
public policy.
8. Serving adverse interest unless lawyer
proves that it was with the consent of
both parties.
Quantum Meruit  means as much as the lawyer
deserves or such amount as his services merit.
Guides for Determining Attorney’s Fees on
Quantum Meruit Basis (TINS)
1. Time spent and extent of the services
rendered or required – a lawyer is justified
in fixing higher fees when the case is so
complicated and requires more time and
effort to finish it.
2. Novelty and difficulty of questions
involved – when the questions in a case
are novel and difficult, greater effort,
deeper study and research are bound to
burn the lawyer’s time and stamina
considering that there are no local
precedents to rely upon
3. Importance of subject matter  the more
important the subject matter or the bigger
the value of the interest of property in
litigation, the higher is the attorney’s fees
4. Skill demanded of a lawyer  the totality
of the lawyer’s experience provides him
the skill and competence admired in
lawyers.
Instances of Recovery of Attorney’s Fees on
the Basis of Quantum Meruit
1. There is no express contract for payment
of attorney’s fees agreed upon between
the lawyer and the client.
2. When although there is a formal contract
for attorney’s fees, the fees stipulated are
found unconscionable.
3. When the contract for attorney’s fees is
void due to formal matter.
4. When for justifiable cause the lawyer was
not able to finish the case.
5. When the lawyer and the client disregard
the contract for fees.
6. When the client dismissed his counsel
before the termination of the case or the
latter withdrew therefrom for valid
reasons.
Champertous Contract - one where the lawyer
stipulates with his client in the prosecution of the
case that he will bear all of 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.
 CONTINGENT vs. CHAMPERTOUS
CONTINGENT CHAMPERTOUS
CONTRACT CONTRACT
Contingent fee is 1. Payable in kind
payable in cash ONLY
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
2. Lawyers do not 2.Lawyers
undertake to pay all undertake to pay
expenses of all expenses of
litigation litigation
3. Not prohibited 3. Void
Enforcement of Attorney’s Fees
General Rule: A lawyer should avoid the filing
of any case against client for enforcement of
attorney’s fees
Exceptions:
1. to prevent imposition
2. to prevent injustice
3. to prevent fraud
Who are Entitled to Attorney’s Fees
General Rule: Only lawyers are entitled to
attorney’s fees. The same cannot be shared with a
non-lawyer. It is immoral.
Exceptions:
A lawyer may divide a fee for legal services
with persons not licensed to practice law: (CPR)
1. a lawyer undertakes to complete
unfinished legal business of a deceased
lawyer;
2. there is a pre-existing agreement with a
partner or associate that, upon the latter’s
death, money shall be paid over a
reasonable period of time to his estate or
to persons specified in the agreement;
3. a lawyer or law firm includes non-lawyer
employees in retirement plan, even if the
plan is based in whole or in part on the
profit sharing agreement
Effect of Nullity of Contract on the Right to
Attorney’s Fees
1. if the nullification is due to the illegality of
its object, the lawyer is precluded from
recovering;
2. if the nullity is due to a formal defect or
because the court has found the amount
to be unconscionable, the lawyer may
recover for any services rendered based
on quantum meruit.
Instances When an Independent Civil Action
to Recover Attorney’s Fees is Necessary
1. Main action is dismissed or nothing is
awarded;
2. Court has decided that it has no
jurisdiction over the action or has already
lost it;
3. Person liable for attorney’s fees is not a
party to the main action;
4. Court reserved to the lawyer the right to
file a separate civil suit for recovery of
attorney’s fees;
5. Services for which the lawyer seeks
payment are not connected with the
subject litigation;
6. Judgment debtor has fully paid all of the
judgment proceeds to the judgment
creditor and the lawyer has not taken any
legal step to have his fees paid directly to
him from the judgment proceeds.
Compensation to Which a Lawyer is Entitled
to Depending on His Capacity
1. Counsel de Parte - He is entitled to a
reasonable attorney’s fees agreed upon or
in the absence thereof, on quantum
meruit basis.
18 2005 CENTRALIZED BAR OPERATIONS

2. Counsel de Oficio - The counsel may not 3. Coverage Covers Covers all
demand from the accused attorney’s fees papers, judgment for
even if he wins the case. He may however documents, the payment
collect from the government funds if and of money
available based on the amount fixed by properties in and
the court. the lawful execution
3. Amicus Curiae - not entitled to possession of issued in
attorney’s fees the attorney pursuance
by reason of of such
ATTORNEY’S LIEN his judgments.
Charging Lien - is an equitable right to have the professional
fees and lawful disbursements due a lawyer for his employment.
services in a suit secured to him out of the
judgment for the payment of money and
executions issued in pursuance thereof in the 4. Effect As soon as As soon as
particular suit. the attorney the claim for
gets attorney’s
Requisites of a Charging Lien possession of fees had
1. Existence of a client-lawyer relationship; the papers, been
2. The attorney has rendered services; documents, entered into
3. Favorable judgment secured by the or property. the records
counsel for his client which judgment is a of the case.
money judgment; 5. Notice Client need Notice must
4. The attorney has a claim for attorney’s not be be served
fees or advances; notified to upon client
5. Noting into the records of the case make it and adverse
through the filing of an appropriate effective. party
motion of the statement of the lawyer’s
claim for attorney’s fee with copies 6. Applicabilit May be Generally,
furnished to the client and adverse party. y exercised exercisable
before only when
Retaining Lien – a right merely to retain the judgment or the attorney
funds, documents, and papers as against the client execution or had already
until the attorney is fully paid his fees. regardless secured a
thereof. favorable
Requisites: (ALU) judgment for
1. Attorney-client relationship; his client.
2. Lawful possession by the lawyer of the 7.Extinguish- When When client
client’s funds, documents and papers in ment possession loses action
his professional capacity; lawfully ends as lien may
3. Unsatisfied claim for attorney’s fees when as only be
lawyer enforced
voluntarily against
RETAINING LIEN VS.CHARGING LIEN parts with judgment
Point of Retaining Charging funds, awarded in
Distinction Lien Lien documents, favor of
and papers of client,
1. Nature Passive Lien. Active Lien. client or proceeds
It cannot be It can be offers them thereof/
actively enforced by as evidence. executed
enforced. It is execution. It thereon.
a general is a special
lien. lien.
2. Basis Lawful Securing of
possession of a favorable
papers, money
documents, judgment for CANON 21: PRIVILEGED COMMUNICATION
property the client.
belonging to Requisites:
the client. 1. There exists an attorney and client
relationship or a kind of consultancy
relationship with a prospective client. That
is, legal advise is what is sought;
2. The communication was made by the
client to the lawyer in the course of the
lawyer’s professional employment; and
3. The communication must be intended to
be confidential. [Uy Chico vs. Union Life
Association Society, 29 Phil 163]

Purposes:
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
19
MEMORY
To encourage a client to make a full disclosure
of the facts of the case to his counsel
without fear;
To allow the lawyer freedom to obtain full
information from his client.
Characteristics:
1. A-C privilege where legal advice is
professionally sought from an attorney.
2. The client must intend the above
communication to be confidential.
3. A-C privilege embraces all forms of
communication and action.
4. As general rule, A-C privilege also extends
to the attorney’s secretary, stenographer,
clerk or agent with reference to any fact
required in such capacity.
5. The above duty is perpetual and is
absolutely privileged from disclosure.
Exceptions to the Privilege
1. When there is consent or waiver of client.
2. When disclosure is required by law.
3. When disclosure is made to protect the
lawyer’s rights (i.e., to collect his fees or
defend himself, his employees or
associates or by judicial action).
4. When such communications are made in
contemplation of a crime or the
perpetuation of a fraud
LAWYER AS WITNESS
A lawyer shall avoid testifying in behalf of his
client.
Reason: The function of a witness is to tell the
facts as he recalls them in answer to questions.
The function of an advocate is that of a partisan. It
is difficult to distinguish between the zeal of an
advocate and the fairness and impartiality of a
disinterested witness.
 Instances when a lawyer may NOT testify as
a witness in a case which he is handling for a
client:
1. When such would adversely affect any
lawful interest of the client with respect to
which confidence has been reposed on
him;
2. Having accepted a retainer, he cannot be
a witness against his client;
3. He cannot serve conflicting interests;
4. When he is to violate the confidence of his
client;
5. When as an attorney, he is to testify on
the theory of the case.
 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. Deposition;
5. On substantial matters in cases where his
testimony is essential to the ends of
justice, in which event he must, during his
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
testimony, entrust the trial of the case to
another counsel.
INTERVIEWING WITNESSES
Witness- human instrumentality through which
the law and its ministers, the judges and lawyers,
endeavors to ascertain the truth and to dispense
justice to the contending parties.
1. A lawyer may interview a witness in
advance of trial to guide him in the
management of the litigation.
2. A lawyer may also interview a prospective
witness for the opposing side in any civil
or criminal action without the consent of
the opposing counsel or party.
3. A lawyer may properly obtain statements
from witnesses whose names were
furnished by the opposing counsel or
interview the employees of the opposing
party even though they are under
subpoena to appear as witnesses for the
opposite side.
4. If after trial resulting in defendant’s
conviction, his counsel has been advised
that a prosecution witness has committed
perjury, it is not only proper but it is the
lawyer’s duty to endeavor honorably to
obtain such witness’ retraction, even
without advising the public prosecutor of
his purpose and even though the case is
pending appeal.
An adverse party, though he may be used as a
witness, is not, however, a witness within the
meaning of the rule permitting a lawyer to
interview the witness of the opposing counsel.
CANON 22: WITHDRAWAL OF SERVICES
TERMINATION OF ATTORNEY-CLIENT
RELATIONSHIP
Instances When a Counsel Can Withdraw His
Services
1. When the client pursues an illegal or
immoral course or conduct in connection
with the case he is handling;
2. When the client insists that the lawyer
pursue conduct violative of the Code of
Professional Responsibility;
3. When his inability to work with co-counsel
will not promote the best interest of the
client;
4. When the mental or physical condition of
the lawyer renders it difficult for him to
carry on the employment effectively;
5. When the client deliberately fails to pay
the fees for the services or fails to comply
with the retainer agreement;
6. When the lawyer finds out that he might
be appearing for a conflicting interest;
(Note: In all the above cases, the lawyer must file
a written motion with an express consent of his
client and must wait for the approval of the court.)
7. When the lawyer is elected or appointed
to public office;
8. Other similar cases [Canon 22 Rule 22.01]
NOTE: A lawyer may withdraw as counsel only
with the conrent of the client and with leave of
court, and only for good cause enumerated in Rule
22.01 of the Code of Profdssional Responsibility.
20 2005 CENTRALIZED BAR OPERATIONS
The relation of attorney-client relationship
is strictly personal and highly confidential and
fiduciary. Necessity and public interest require that
it be so.
Discharge of the Attorney by Client
The client has the right to terminate at any
time WITH OR WITHOUT JUST CAUSE.
Just cause is material only in determining
compensation.
Without just cause
 And no express written agreement as
to fees  reasonable value of his
services up to the date of his
dismissal (quantum meruit)
 And there is written agreement and
the fee stipulated is absolute and
reasonable  full payment of
compensation
 And the fee stipulated is contingent
 If dismissed before the
conclusion of the action 
reasonable value of his
services (quantum meruit)
 If contingency occurs or
client prevents its
occurrence  full amount
(Note: lawyer should question his discharge,
otherwise he will be allowed to recover on
quantum meruit basis.)
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.
Limitations of Client’s Right to Discharge His
Counsel
1. Client cannot deprive counsel of his right
to be paid for services rendered if
dismissal is without cause;
2. Client cannot discharge counsel as an
excuse to secure repeated extensions of
time;
3. Notice of discharge required in so far as
court and adverse party are concerned.
Duties of a Discharged Lawyer or One Who
Withdraws
1. Immediately turn-over all papers and
property to which the client is entitled;
2. To cooperate with the succeeding lawyer
in the orderly transfer of the case.
Conditions for Substitution of Counsel
1. Written request for such substitution
2. Written consent of the client
3. Written consent of the attorney to be
substituted or in the absence thereof,
proof of service of notice of said motion to
the attorney to be substituted.
LIABILITIES OF A LAWYER
LIABILITY FOR DAMAGES
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
Requisites
1. Attorney - client relationship
2. Want of reasonable care & diligence
3. Injury sustained by client as proximate
result thereof.
Kinds of Damages
1. Nominal – where client lost the litigation
as a consequence of lawyer’s gross
omission or negligence.
2. Actual/compensatory
3. Moral Damages
4. Attorney’s fees
(Note: for nos. 2-4 there should be showing that
had the lawyer exercised due diligence client would
have succeeded in recovering from adverse party.)
Liability for Breach of Fiduciary Obligation
Lawyer holds his client’s funds or property
in trust for clients and is obliged to make an
accounting of such funds that come to his
possession.
Effect of Failure to Return Client’s Money or
Property After Demand
1. Presumption that he misappropriated the
same
2. Civilly liable in favor of client
3. Criminal liability
4. Administrative liability
Remedy of Client
Recover property from lawyer together
with its fruits, subject to client’s returning to his
lawyer purchase price & legal interest.
Libelous Words in Pleadings
A lawyer is exempted from liability for
slander, libel or otherwise defamatory, published in
course of judicial proceedings, PROVIDED
statements are connected with, relevant, pertinent
and material to cause in hand or subject of inquiry
Test of Relevancy
The matter to which the privilege does not
extend must be palpably wanting in relation to
subject of controversy, that no reasonable man can
doubt its relevancy or propriety.
Pleadings should contain plain and
concise statements of material facts and if pleader
goes beyond requisites of law and alleges
irrelevant matter which is libelous, he loses his
privilege and may be liable in separate suit.
Liability for Costs of Suit
General Rule: Losing client and not the lawyer
is liable for costs of suit in favor of prevailing party,
lawyer not being party-litigant.
Exception: Where the lawyer insisted on
client’s patently unmeritorious case or interposed
appeal to delay litigation or thwart prompt
satisfaction of prevailing party’s just and valid
claim, court may adjudge lawyer to pay treble
costs of suit.
CRIMINAL LIABILITY
A lawyer may be held criminally liable if
he commits any of the following:
 San Beda College of Law
21
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
1. Causing prejudice to client thru malicious III. BAR DISCIPLINE
breach of professional duty or thru
inexcusable negligence or ignorance.
2. Revealing client’s secrets learned in
lawyer’s professional capacity thru POWER TO DISCIPLINE ERRANT LAWYERS
malicious breach of professional duty or
inexcusable negligence or ignorance. 1. The Supreme Court has the full authority and
power to (WARDS)
Specific Acts which May Result to Criminal a. Warn
Liability 1. Admonish
1. A lawyer who has undertaken the defense
2. Reprimand
of client or has received confidential
information from said client in a case may 3. Suspend and
be criminally liable for undertaking 4. Disbar a lawyer
defense of opposing party in same cause [Section 27, Rules 138, Rules of Court]
without consent of first client.[Art. 209,
RPC]
2. The Court of Appeals and the Regional
2. A lawyer who shall knowingly introduce in
evidence in any judicial proceeding or to Trial Courts are also empowered to (WARS)
the damage of another or who, with intent a. Warn
to cause such damage, shall use any false b. Admonish
document may be held criminally liable c. Reprimand and
therefor. [Art.172, RPC]
d. Suspend an attorney who
3. A lawyer who misappropriates his client’s
funds may be held liable for estafa. appears before them from the
practice of law for any of the
CONTEMPT OF COURT causes mentioned in Section 27,
Nature Rule 138 [Section 16, Rule 139-
It is exercised on preservative and not on
B].
vindictive principle and on corrective rather than
the retaliatory idea of punishment, for purposes Note: But they cannot disbar a lawyer.
that are impersonal. It is criminal in nature.
The power to punish for contempt is
inherent in all courts. It is essential in the FORMS OF DISCIPLINARY MEASURES (WARS –
observance of order in judicial proceedings and to
CD)
enforcement of judgment, orders and writs.

Kinds of Contempt 1. Warning – an act or fact of putting one

1. Direct Contempt  consists of on his guard against an impending
misbehavior in the presence of or so near danger, evil consequences or penalties.
a court or judge as to interrupt or obstruct 2. Admonition – a gentle or friendly reproof,
the proceedings before the court or the
administration of justice mild rebuke, warning or reminder,
2. Indirect or Constructive Contempt  counseling, on a fault, error or oversight,
one committed away from the court an expression of authoritative advice.
involving disobedience of or resistance to 3. Reprimand – a public and formal censure
a lawful writ, process, order, judgment or or severe reproof, administered to a
command of the court, or tending to
person in fault by his superior officer or a
belittle, degrade, obstruct, interrupt or
embarrass the court body to which he belongs.
3. Civil Contempt  failure to do something 4. Suspension – temporary withholding of a
ordered by the court which is for the lawyer’s right to practice his profession as
benefit of a party a lawyer for a certain period or for an
4. Criminal Contempt  consists of any indefinite period of time.
conduct directed against the authority or a. Definit
dignity of the court. e
b. Indefin
Acts of a Lawyer Constituting Contempt
ite qualified disbarment; lawyer
1. Misbehavior as officer of court
determines for himself for how
2. Disobedience or resistance to court order
long or how short his suspension
3. Abuse or interference with judicial
shall last by proving to court that
proceedings
he is once again fit to resume
4. Obstruction in administration of justice
practice of law.
5. Misleading courts
5. Censure - Official reprimand.
6. Making false allegation, criticisms, insults,
veiled threats against the court 6. Disbarment - It is the act of the
7. Aiding in unauthorized practice of law Philippine Supreme Court in withdrawing
(suspended or disbarred) from an attorney the right to practice law.
8. Unlawful retention of client’s funds The name of the lawyer is stricken out
9. Advise client to commit contemptuous
from the roll of attorneys.
acts

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
22 2005 CENTRALIZED BAR OPERATIONS

and capacity commonly possess and

SUSPENSION AND DISBARMENT
Nature of Proceedings
1. NOT a civil action because there is no
plaintiff and no respondent, involves no
private interest. The complainant is not a
party and no interest in the outcome
except as all citizens have in proper
administration of justice, no redress for
private grievance.
2. NOT a criminal prosecution because it is
not meant as a punishment depriving him
of source of livelihood but rather to ensure
that those who exercise the function
should be competent, honorable and
reliable so that public may repose
confidence in them.
3. SUI GENERIS, it is a class of its own since
it is neither civil nor criminal
4. Confidential in nature.
5. Defense of double jeopardy is not
available.
6. Can be initiated by the SC motu propio or
by the IBP. It can be initiated without a
complaint;
7. Can proceed regardless of interest of the
complainants;
8. Imprescriptible;
9. It is itself due process of law.
Reason for Making Disbarment Proceedings
Confidential
To enable the Supreme Court to make its
investigation free from any extraneous influence or
interference as well as to protect the personal and
professional reputation of attorneys and judges
from the baseless charges of disgruntled, vindictive
and irresponsible clients and litigants. [In Re:
Abistado, 57 Phil 668]
exercise in the performance of tasks
which they undertake, and when such
failure proximately causes damage, it
gives rise to an action in tort. [Tan Tek
Beng vs. David, 126 SCRA 389]
c. Grossly immoral conduct- that conduct
which is willful, flagrant or shameless and
which shows a moral indifference to the
opinion of the good and respectable
members of the community.
 CASE: In the case of Arciaga vs. Maniwang
[106 SCRA 591], mere intimacy between a lawyer
and a woman with no impediment to marry each
other voluntarily cohabited and had two children, is
neither so corrupt as to constitute a criminal act
nor so unprincipled as to warrant disbarment or
disciplinary action against the man as a member of
the bar.
d. Conviction of a crime involving
moral turpitude (Examples: estafa,
bribery, murder, bigamy, seduction,
abduction, concubinage, smuggling,
falsification of public document,
violation of B.P. 22)
e. Violation of oath of office
f. Willful disobedience of any lawful
order of a superior court
g. Corruptly or willfully appearing as an
attorney for a party to a case without
authority to do so.

2. Acquisition of an interest in the subject

GROUNDS FOR SUSPENSION OR DISBARMENT
matter of the litigation, either though
OF MEMBERS OF THE BAR
purchase or assignment [Art. 1491, Civil
1. Under Rule 138, Sec. 27 of the Revised
Code]
Rules of Court:
a. Deceit- is a fraudulent and deceptive
3. Breach of professional duty, inexcusable
misrepresentation, artifice of device used
negligence, or ignorance, or for the
by one or more persons to deceive and
revelation of the client’s secrets [Art.
trick another, who is ignorant of the true
208, Revised Penal Code]
facts to the prejudice and damage of the
party imposed upon. There must be false
4. Representing conflicting interests [Art.
representation as matter of fact.
209, Revised Penal Code]
(Example: Misappropriation of client’s
fund)
Grounds for disbarment NOT EXCLUSIVE:
The statutory enumeration of the grounds for
b. Malpractice, or other gross
disbarment or suspension is not to be taken as a
misconduct in office- any malfeasance
limitation on the general power of courts to
or dereliction of duty committed by a
suspend or disbar a lawyer. The inherent power of
lawyer. (Example: Failure of lawyer to
court over its officers cannot be restricted.
appeal in allowing the period of appeal to
[Quingwa vs. Puno, Admin. Case No 398, Feb. 28,
lapse)
1967] The Supreme Court has disbarred or
Legal Malpractice- consists of failure of
suspended lawyers for reasons not found in the
an attorney to use such skill, prudence
statute as when their acts are contrary to honesty
and diligence as lawyers of ordinary skill
or good morals or do not approximate the highest
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
23
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
degree of morality and integrity expected of the Note: Mere negligence without pecuniary
members of the bar. [Sta. Maria vs. Tuazon, Admin. damages justifies only reprimand or
Case No. 396, July 31, 1964]. censure except when breach of duty to
client is a gross violation of obligation to
court.
Quantum of Evidence Required: clear, 2. Employment of unlawful means
convincing and satisfactory evidence 3. Deceit or misrepresentation
Burden of Proof: rests on the complainant, the Requisites
one who instituted the suit a. Bad faith on the part of the lawyer
b. Material damage to client
4. Representing adverse Interest and
revealing client’s secrets - If there is
no written consent of client, a lawyer may
not represent conflicting interest. The fact
that lawyer did not acquire confidential
information from client nor use the same
against the latter does not excuse him
from responsibility.
BREACH OF DUTIES OF A LAWYER 5. Purchase client’s property in
litigation
Breach of Duties to Court Requisites:
1. Obstructing Administration of justice a. Lawyer is counsel for client at the
time he acquired the property
 constitutes misconduct and justifies
b. Property is subject of litigation
disciplinary action against him and
c. Acquires it by himself or through
contempt of court. (Example: Forum
another
shopping)
d. Acquires property during pendency
2. Misleading court knowingly making
of litigation
false allegation in pleadings, misquoting 6. Failing to account or
text of documents, suppressing material misappropriation of client’s property
facts - presupposes fraudulent intent of lawyer.
3. Preferring false charges  filing or Immediate repayment by lawyer of
prosecuting false charges against another client’s money or property after demand
for his action is violative of duty to do but before institution by client of
falsehood nor consent to doing of any in disbarment proceedings negate
court, nor wittingly or willingly promote or fraudulent intent. If the lawyer has a lien,
sue any false, groundless, unlawful suit. it cannot be used as an excuse for not
Requisites making an accounting.
a a. Charges are fake 7. Collecting unreasonable fees – Where
b b. Lawyer knows them to be so the law fixes the maximum amount which
4. Introducing False Evidence it is a lawyer may charge client, collection of
violation of oath to do no falsehood nor more than what law allows constitutes
consent to doing of any in court. When malpractice.
false testimony is material to inquiry or 8. Acting without authority - a lawyer can
relevant to issue, it requires suspension or bind client without special power of
disbarment. On the other hand, when the attorney only on procedural matters
testimony is immaterial or irrelevant and 9. Willfully appearing without being
does not cause substantial prejudice, it retained -It must be willful, corrupt or
only warrants lesser sanction, such as contumacious in order that he may be
warning or reprimand held liable.
5. Willfully disobeying court orders 
lawyer may be punished for contempt and Breach of Duties to Bar
disciplined as officer of court. a. Unethical conduct
6. Using vicious or disrespectful or unprofessional conduct - that which
language  constitutes direct contempt; violates rules or ethical code of legal
violation of oath and Code of Professional profession.
Responsibility. b. Defaming fellow
7. Continue to practice after suspension lawyer  Use of improper and
 constitutes gross misconduct and willful objectionable language against another
disregard of suspension order. lawyer or accuse him wantonly and
maliciously of a serious misconduct in the
absence of reasonable cause constitutes
misconduct. Strongly worded statements
by a lawyer against opposing lawyer, if
Breach of Duties to Client justified by records, may not justify
1. Negligence in performance of duties disciplinary action against him.
Requisites to Warrant Suspension or c. Encroaching upon
Disbarment: business of another
i. Negligence and d. Soliciting business -
carelessness which must be gross for purpose of gain, personally or through
in character paid agents is MALPRACTICE and agreeing
ii. Caused material with non-lawyer to divide lawyer’s fees
prejudice to client paid by client or for solicitation by non-
lawyer.
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
24 2005 CENTRALIZED BAR OPERATIONS

e. Advertising 1. Supreme Court

2. Integrated Bar of the Philippines (IBP)
through its Commission on Bar Discipline or
OTHER GROUNDS FOR DISCIPLINE
authorized investigators
1. NON-PROFESSIONAL MISCONDUCT 3. Office of the Solicitor General
General Rule: Lawyer may not be suspended or
disbarred for misconduct in his non-professional or
private capacity. GRIEVANCE PROCEDURE: DISBARMENT,
Exception: Where such is so GROSS to show him
to be morally unfit for office or unworthy of SUSPENSION, AND DISCIPLINE OF
privilege, court may be justified in suspending or ATTORNEYS (Rule 139-B)
removing him from the roll of attorneys.  Proceedings for the disbarment,
suspension and discipline of attorneys may be
2. GROSS IMMORALITY- AN ACT OF
taken:
PERSONAL IMMORALITY ON THE PART OF THE
LAWYER IN HIS PRIVATE RELATION WITH 1. by the Supreme Court motu proprio,
OPPOSITE SEX MAY PUT CHARACTER IN or,
DOUBT. BUT TO JUSTIFY SUSPENSION OR 2. by the IBP upon the verified
DISBARMENT, THE ACT MUST NOT ONLY BE complaint of any person
IMMORAL, IT MUST BE GROSSLY IMMORAL.  The IBP Board of Governors may
(ABAIGAR VS. PAZ)
initiate and prosecute proper charges against
Grossly Immoral Conduct – one so corrupt and erring attorneys including those in
false as to constitute criminal act or so government:
unprincipled or disgraceful as to be reprehensible 1. motu propio or
to a high degree. Cohabitation per se is not grossly
2. upon referral by the SC or
immoral, it depends on circumstances and it is not
necessary that there be prior conviction for offense 3. by a Chapter Board of Officers or
before lawyer may be disciplined for gross at the instance of any person.
immorality. If the evidence is not sufficient to hold  The complaint must be:
the lawyer liable for gross immorality, he may still 1. verified;
be reprimanded where evidence shows failure on
2. state clearly and
his part to comply with rigorous standards of
conduct required from lawyers. concisely the facts complained of;
3. supported by
3. CONVICTION OF CRIME INVOLVING MORAL affidavits of persons having personal
TURPITUDE knowledge of the facts therein
All crimes of which fraud or deceit is an element or
alleged, or by such documents as
those inherently contrary to rules of right conduct,
honesty or morality in civilized community may substantiate it;
4. six (6) copies shall be filed with the
4. PROMOTING TO VIOLATE OR VIOLATING Secretary of IBP or any of its
PENAL LAWS Chapters.
5. MISCONDUCT IN DISCHARGE OF OFFICIAL
DUTIES OUTLINE OF DISBARMENT PROCEEDING IN
A lawyer who holds a government office may THE IBP (RULE139-B)
not be disciplined as a member of the bar for 1. The case shall be assigned to a National
misconduct in the discharge of his duties as a Grievance Investigator where the Board of
government official. If the misconduct, however, is
Governors shall appoint one from among
in violation of the Code of Professional
Responsibility or of his oath as a lawyer or is of IBP members of three (3) when special
such a character as to affect his qualifications as a circumstances warrant;
lawyer, he may be subject to disciplinary action 2. If the complaint is meritorious, the
such as disbarment (Collantes vs. Renomeron). respondent shall be served with a copy
This rule does not apply to impeachable officials
requiring him to answer within 15 days
like SC Justices, Members of the Constitutional
Commission and Ombudsman because they can be from service;
removed only by impeachment. 3. The respondent shall file an answer
containing six (6) copies and shall verify
6. COMMISSION OF FRAUD OR FALSEHOOD the same; after receipt of the answer or
lapse of the period to do so, the Supreme
7. MISCONDUCT AS NOTARY PUBLIC
By applying for having himself commissioned Court ,may, motu propio or at the instance
as notary public, lawyer assumes duties in dual of the IBP Board of Governors, upon
capacity, the non-performance of which be may be recommendation by the Investigator,
a ground for discipline as member of bar. suspend an attorney from practice, for
any of the causes under Rule 138, Sec.
OFFICERS AUTHORIZED TO INVESTIGATE
DISBARMENT CASES
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
25
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
27, during the pendency of the d. In case of 2 or more suspensions 
investigation; service will be successive, not
4. After joinder of the issues or failure to simultaneous
answer, the respondent shall be given full
Investigating Judge CANNOT dismiss case
opportunity to defend himself. But if the
 CASE: The investigating judge’s authority is
respondent fails to appear to defend
only to investigate, make a report and
himself inspite of notice, the investigator
recommendation on the case to be submitted to
may proceed ex parte. The investigation
the SC for final determination. [Graciano vs.
shall be terminated within three (3)
Sebastian, 231 SCRA 588]
months from commencement which
period may be extended;
Effect of desistance, withdrawal of complaint
5. The Investigator shall make a report to the
or non-appearance of complainant in
Board of Governors within 30 days from
disbarment proceedings
termination of the investigation which
The desistance or the withdrawal of the
report shall contain his findings and
complainant of the charges against a judge does
recommendations together with the
not deprive the court the authority to proceed to
evidence;
determine the matter. Nor does it necessarily result
6. The Board of Governors shall have the
in the dismissal of the complaint except when, as a
power to review the decision of the
consequence of the withdrawal or desistance no
Investigator. Its decision shall be
evidence is adduced to prove the charges. This rule
promulgated within a period not
is founded on the rationale that a disbarment
exceeding 30 days from the next meeting
proceeding is neither civil nor criminal but one
of the Board following the submission of
prosecuted solely for the public interest. What is
the report of the Investigator:
important is whether the charges against the
. If the decision is a finding of guilt of the
respondent have been duly proved.
charges, the IBP Board of Governors shall
(Note: The same principle applies to
issue a resolution setting forth its findings
administrative charges against judges.)
and recommendations which shall be
transmitted to the Supreme Court for final
Doctrine of RES IPSA LOQUITOR (“the thing
action together with the record;
speaks for itself”)
b. If the decision is for exoneration,
or if the sanction is less than suspension
 CASES: This principle or doctrine applies to
or dismissal, the Board shall issue a
both judges and lawyers. Judges had been
decision exonerating the respondent or
dismissed from the service without need for a
imposing a lesser sanction. The resolution
formal investigation because based on the records,
exonerating the respondent shall be
the gross misconduct or inefficiency of the judges
considered as terminating the case unless
clearly appears. [Uy vs. Mercado, 154 SCRA 567].
upon petition of the complainant or other
The same principle applies to lawyers. Thus,
interested party filed with the Supreme
on the basis of the lawyer’s comment or answer to
Court within 15 days from notice of the
a show-cause order of SC, it appears that the
Board’s decision.
lawyer has so conducted himself in a manner
PROCEDURE FOR DISBARMENT IN THE which exhibits his blatant disrespect to the court,
SUPREME COURT or his want of good moral character or his violation
1. Upon the initiation of the complaint, the of the attorney’s oath, the lawyer may be
Supreme Court may refer the case for suspended or disbarred without need of a trial-type
investigation to the Solicitor General, or
proceeding. What counts is that the lawyer has
any officer of the Supreme Court, or judge
of a lower court; been given the opportunity to give his side.
2. If referred, the investigator shall proceed [Prudential Bank vs. Castro 155 SCRA 604]
with the investigation and make a report
to the Supreme Court. DEFENSES
The purpose and nature of disbarment
Rules in the Imposition of Penalties proceedings make the number of defenses
a. In case of Suspension available in civil and criminal actions inapplicable
 Division  1 year or less in disciplinary proceedings. The Statute of
 En Banc  exceeds 1 year Limitations is not a defense in disciplinary
proceedings nor does the fact the circumstance
b. In case of Fine that facts set up as ground for disbarment
 Division  P10,000 or less constitute crime, the prosecution for which in
 En Banc P10,000 or more criminal action is barred by prescription, preclude
the disbarment proceeding.
c. In case of both Suspension and Fine  en However, the fact that a considerable
banc if the suspension exceeds 1 year or length of time has lapsed from the date the
the fine exceeds P10, 000. misconduct took place to date the complaint for

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
26 2005 CENTRALIZED BAR OPERATIONS
disbarment was filed may indicate ulterior motive
on the part of complainant or innocence on the
part of respondent.
MODIFYING CIRCUMSTANCES
Extent of disciplinary action depends on
attendance of mitigating or aggravating
circumstance.
Mitigating Circumstances
1. Good faith
2. Want of intention to commit wrong
3. Lack of material damage to complainant
4. Desistance of complainant
5. Youth and inexperience, etc.
Aggravating Circumstances
1. Abuse of authority or of attorney–client
relationship
2. Sexual intercourse with a relative
3. Charge of gross immorality
4. Previous dismissal as member of the bar
EFFECT OF EXECUTIVE PARDON
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. If the pardon is absolute,
the disbarment case will be dismissed. However, if
the executive pardon is conditional, the disbarment
case will not be dismissed on the basis thereof.
Absolute pardon by President may wipe
out conviction as well as offense itself and the
grant thereof in favor of a lawyer is a bar to a
proceeding for disbarment against him based
solely on commission of such offense. The reason
is that the respondent lawyer, after the absolute
pardon, is as guiltless and innocent as if he never
committed the offense at all.
If absolute pardon is given to lawyer after
being disbarred for conviction of crime, it does not
automatically entitle him to reinstatement to the
bar. It must be shown by evidence aside from
absolute pardon that he is now a person of good
moral character and fit and proper person to
practice law. In case of a conditional pardon, there
will be a remission of unexpired period of sentence.
EFFECTS OF DEATH OF LAWYER DURING
PENDENCY OF DISCIPLINARY ACTION
AGAINST HIM
1. Renders action moot and academic
2. (But) court may still resolve case on the merit
in order to clear publicly the name of the
lawyer.
JUDGMENT
DISMISSAL OF CASE
In the absence of convincing or clearly
preponderant evidence, disbarment case against
him should be dismissed. However, the court can
still impose conditions despite dismissal of
disciplinary action against him, if the facts so
warrant and in the event the lawyer fails to comply
with such condition, it may suspend or disbar him
for disobedience of its order.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
SUSPENSION OR DISBARMENT
A lawyer who has been suspended or
disbarred cannot practice law without being held
liable for contempt of court. The suspended lawyer
may be disbarred for violation of the suspension
order. Such judgment does not prohibit pro se
practice (Geeslin vs. Navarro; 185 SCRA).
If the lawyer holds a government office
which requires membership in the bar as an
indispensable qualification, he may be dismissed
from said office (Collantes vs. Renomeron; 200
SCRA).
REINSTATEMENT
The Supreme Court has the exclusive
authority to reinstate. This is based on its
constitutional prerogative to promulgate rules on
the admission of applicants to the practice of law.
Petitioner must prove that he is once again fit and
proper person to practice law. The following must
be taken into consideration:
1. the applicant’s character and standing
prior to disbarment;
2. the nature or character of misconduct for
which he is disbarred;
3. his conduct subsequent to disbarment
[Cui vs. Cui, 11 SCRA 755];
4. including his efficient government service
[In re Adriatico, 17 Phil 324]
5. the time that has elapsed between
disbarment and the application for
reinstatement and the circumstances that
he has been sufficiently punished and
disciplined [Prudential Bank vs. Benjamin
Grecia, 192 SCRA 381]
6. applicant’s appreciation of significance of
his dereliction and his assurance that he
now possesses the requisite probity and
integrity;
7. favorable endorsement of the IBP, pleas of
his loved ones [Yap Tan vs. Sabandal, 170
SCRA 207].
The court may require applicant for
reinstatement to enroll in and pass the required
fourth year review classes in a recognized law
school. [Cui vs. Cui, 11 SCRA 755; In re Rusiana, 56
SCRA 240]
A previously disbarred lawyer who is given
absolute pardon by the President is not
automatically reinstated, he must still file a petition
for reinstatement with the SC.
Condition for Reinstatement
A lawyer who has been suspended or
disbarred may be reinstated when the SC is
convinced that he has already possessed the
requisites of probity and integrity necessary to
guarantee his worth to practice his profession.
 San Beda College of Law
27
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
EFFECTS OF REINSTATEMENT or has held public office in the
1. Recognition of moral rehabilitation and Philippines requiring admission to the
mental fitness to practice law; practice of law as an indispensable
2. Lawyer shall be subject to same law, rules
and regulations as those applicable to any requisite.
other lawyer;
3. Lawyer must comply with the conditions JUDICIAL DEPORTMENT
imposed on his readmission
Attitude Towards Counsel
He must be courteous especially to the
IV. JUDICIAL ETHICS young and inexperienced. He should not interrupt
in their arguments except to clarify his mind as to
Judicial Ethics  branch of moral science which their positions. He must not be tempted to an
unnecessary display of learning or premature
treats of the right and proper conduct to be
judgment. He may criticize and correct
observed by all judges and magistrates in trying unprofessional conduct of a lawyer but not in
and deciding controversies brought to them for insulting manner.
adjudication which conduct must be demonstrative
of impartiality, integrity, competence, Attitude Toward Litigants and Witness
He must be considerate, courteous and
independence, and freedom from improprieties.
civil, and he must not utter intemperate language
during hearing of case.
Court  a board or other tribunal which decides a
litigation or contest Proper Judicial Conduct
Conduct self as to be beyond reproach
and suspicion and be free from appearance of
Judge  a public officer who, by virtue of his office,
impropriety in their personal behavior not only in
is clothed with judicial authority discharge of official duties but also in their
everyday life.
De Jure Judge  one who is exercising the office of
a judge as a matter of right; an officer of a court Cold Neutrality of Impartial Judge
A judge should not only render just, correct
who has been duly and legally appointed
and impartial decision but do so in manner free
from suspicion as to its fairness and impartiality
De Facto Judge  an officer who is not fully
and as to his integrity. It is indispensable requisite
invested with all the powers and duties conceded
of due process.
to judges, but exercising the office of a judge under
some color of right
NEW CODE OF JUDICIAL CONDUCT FOR THE
PHILIPPINE JUDICIARY
QUALIFICATIONS
(A.M. No. 03-05-01-SC)
(June 1, 2004)
Supreme Court and Court of Appeals Justices
 supersedes the Canons of Judicial
1. Natural-born citizen of the Philippines;
Ethics and the Code of Judicial Conduct to the
2. At least 40 years of age;
extent that the provisions or concepts therein
3. Must have been for 15 years or more a
are embodied in this Code, provided, that in
judge of a lower court or engaged in
case of deficiency or absence of specific
the practice of law;
provisions in this Code, the Canons of Judicial
4. Must be a person of proven
Ethics and the Code of Judicial Conduct shall
competence, integrity, probity and
be applicable in a suppletory character.
independence.

CANON-
RTC Judges
i. Independence
1. Natural-born citizen of the
ii. Integrity
Philippines;
iii. Impartiality
2. At least 35 years of age;
iv. Propriety
3. For at least 10 years has been
v. Equality
engaged in the practice of law in the
vi. Competence and Diligence
Philippines or has held a public
 PURPOSE: to update and correlate
office in the Philippines requiring
the Code of Judicial Conduct and the Canons of
admission to the practice of law as
Judicial Ethics adopted for the Philippines, but
an indispensable requisite.
also to stress the Philippines’ solidarity with
MTC Judges
the universal clamor for a universal code of
1. Natural-born citizen of the Philippines;
judicial ethics.
2. At least 30 years of age;
3. For at least 5 years has been engaged
CANON 1: INDEPENDENCE
in the practice of law in the Philippines
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
 28 2005 CENTRALIZED BAR OPERATIONS
In performing judicial duties, judges
should:
1. function independently on the basis of
their assessment of the facts and in
accord with a conscientious understanding
of the law, free from any extraneous
influence, inducement, pressure, threat or
interference.
2. be independent from judicial colleagues in
respect of decisions.
3. not allow family, social, or other
relationships to influence judicial conduct
or judgment.
(NOTE: The prestige of judicial office shall
not be used or lent to advance the private
interests of others, nor convey or permit
others to convey the impression that they are
in a special position to influence the judge.)
4. be free from inappropriate connections
with, and influence by, the executive and
legislative branches of government.
5. be independent in relation to society in
general and in relation to the particular
parties to a dispute which she/he has to
adjudicate.
6. encourage and uphold safeguards for the
discharge of judicial duties.
(REASON: To maintain and enhance the
institutional and operational independence of
the judiciary.)
7. exhibit and promote high standards of
judicial conduct.
(REASON: To reinforce public confidence in
the judiciary.)
 Judges shall refrain from influencing in any
manner the outcome of litigation or dispute
pending before another court or administrative
agency.
CANON 2: INTEGRITY
Conduct of judges must:
1 be above reproach, and be so in the view
of a reasonable observer.
2 reaffirm the people’s faith in the integrity
of the judiciary.
 Judges should take or initiate appropriate
disciplinary measures against lawyers or court
personnel for unprofessional conduct of which the
judge may have become aware.
CANON 3: IMPARTIALITY
 Judges shall perform their judicial duties
without favor, bias or prejudice.
DISQUALIFICATIONS OF JUDGES
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
Grounds for Disqualification and Inhibition of
Judges Under the New Code of Judicial
Conduct:
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:
1 the judge has actual bias or prejudice
concerning a party or personal knowledge
of disputed evidentiary facts concerning
the proceedings;
2 the judge previously served as a lawyer or
was a material witness in the matter in
controversy;
3 the judge, or a member of his or her
family, has an economic interest in the
outcome of the matter in controversy;
4 the judge served as executor,
administrator, guardian, trustee, or lawyer
in the case or matter in controversy, or a
former associate of the judge served as
counsel during their association, or the
judge or lawyer was a material witness
therein;
5 the judge’s ruling in a lower court is the
subject of review;
6 the judge is related by consanguinity or
affinity to a party litigant within the sixth
civil degree or to counsel within the fourth
civil degree; or
7 the judge knows that his or her spouse or
child has a financial interest, as heir,
legatee, creditor, fiduciary, or otherwise,
in the subject matter in controversy or in
a party to the proceeding, or any other
interest that could be substantially
affected by the outcome of the
proceedings. (Sec. 5)
Remittal of Disqualification: A judge
disqualified as stated above may, instead of
withdrawing from the proceeding, disclose on the
records the basis of disqualification. If based on
such disclosure, the parties and lawyers
independently of the judge’s participation, all
agree in writing that the reason for the inhibition is
immaterial or unsubstantial, the judge may then
participate in the proceeding. The agreement,
signed by all parties and lawyers, shall be
incorporated in the record of the proceedings.
(Sec. 6)
Grounds for Disqualification and Inhibition of
Judges Under the Rules of Court:
1. Mandatory or Compulsory Disqualification
[Rule 137, ROC]
 San Beda College of Law
29
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
a. when he, or his wife, or child is  CASE: The second paragraph of Section 1, Rule
pecuniarily interested as heir, 137 does not give the judge the unfettered
legatee, creditor or otherwise discretion to decide whether or not he will desist
b. when he is related to either party from hearing a case. the inhibition must be for just
within the sixth (6th) degree of and valid causes. The mere imputation of bias or
consanguinity or affinity or to counsel partiality is not enough grounds for a judge to
within the fourth (4th) civil degree inhibit, especially when the same is without any
c. when he has been an executor, basis. (People vs. Kho, 357 SCRA 290, April 20,
guardian, administrator, trustee or 2001)
counsel
d. when he has presided in an inferior CANON 4: PROPRIETY
court where his ruling or decision is Judges shall, in their personal relations
subject to review with individual members of the legal profession
2. Voluntary Inhibition who practice regularly in their court, avoid
A judge may, in the exercise of his sound situations which might reasonably give rise to the
discretion disqualify himself, for just and valid suspicion or appearance of favoritism or partiality.
reasons other than those mentioned above. (Sec. 3)
[Section 1, Rule 137]
This leaves the discretion to the judge to Judges shall not allow the use of their
decide for himself questions as to whether he will residence by a member of the legal profession to
desist from sitting in case for other just and valid receive clients of the latter or of other members of
reasons with only his conscience to guide him, the legal profession. (Sec. 5)
unless he cannot discern for himself his inability to
meet the test of the cold neutrality required of him,
in which event the appellate court will see to it that PROHIBITION TO DISCLOSE INFORMATION
he disqualifies himself. Confidential information acquired by
A decision to disqualify himself is not judges in their judicial capacity shall not be used or
conclusive and his competency may be determined disclosed by for any other purpose related to their
on application for mandamus to compel him to act. judicial duties. (Sec. 9)
Judge’s decision to continue hearing a case in
The prohibition will discourage if not stop
which he is not legally prohibited from trying
notwithstanding challenge to his objectivity may judges from making business speculations in some
not constitute reversible error. business ventures, the secrets of which he learned
The filing of an administrative case by reason of his position as a judge.
against a judge does not disqualify him from The judge may be liable for violation of
hearing a case. The court has to be shown other Section 3(k) of RA 3019 – “divulging valuable
than the filing of administrative complaint, act or information of a confidential character, acquired by
conduct of judge indicative of arbitrariness or his office or by him on account of his official
prejudice before the latter being branded as the position to unauthorized persons or releasing such
stigma of being biased or partial. information in advance of its authorized release
due.”
*DISQUALIFICATION vs. INHIBITION Violation of the rule may also lead to
DISQUALIFICATION INHIBITION “revelation of secrets by an officer” or to
1. The Rules 1. The Rules does “revelation of the secrets of a private individual”
enumerates the specific not expressly punishable by Articles 229 and 230 of the Revised
and exclusive grounds enumerate the Penal Code respectively.
under which any judge specific grounds
or judicial officer is for inhibition but
disqualified from acting merely gives a
as such. broad basis
thereof, i.e. PROHIBITION TO PRACTICE LAW
good, sound or Judges shall not practice law whilst the
ethical grounds holder of judicial office. (Sec. 11)
Section 35 of Rule 138 of Rules of Court
prohibits judges, officials or employees of superior
courts xxx from engaging in private practice as
members of the bar and in giving professional
advice to clients.
2. Rule gives the judicial 2. Rules leaves the
officer no discretion to matter of  CASES: The reason for the prohibition has been
try or sit in a case inhibition to the explained in Dia-Anonuevo vs. Bercacio [68 SCRA
sound discretion 81]. The Supreme Court held that the rule
of the judge disqualifying a municipal judge from engaging in
the practice of law seeks to avoid the evil of
possible use of the power and influence of his
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
30 2005 CENTRALIZED BAR OPERATIONS

office to affect the outcome of a litigation where he

is retained as counsel. Compelling reasons of
public policy lie behind this prohibition, and judges
are expected to conduct themselves in such a
manner as to preclude any suspicion that they are
representing the interests of party litigant.
In De Castro vs. Capulong [118 SCRA 52]
a judge who merely acted as a witness to a
document and who explained to the party waiving
his right of redemption over the mortgaged
properties and the consequences thereof does not
engage himself in the practice of law.
PROHIBITION AGAINST ACCEPTING GIFTS,
BEQUEST OR LOANS
General Rule: (1) Judges and members of their
families, as well as (2) court staff or others subject
to their influence, direction or authority, 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.(Sec. 13
and 14)
Exception: 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 judicial duties or
otherwise give rise to an appearance of partiality.
(Sec. 15)
Bribery; Direct or Indirect
Acceptance of gifts given by reason of the
office of the judge is indirect bribery [Art. 211
Revised Penal Code] and when he agrees to
perform an act constituting a crime in connection
with the performance of his official duties in
consideration of any offer, promise, gift or present
receive by such officer, he is guilty of direct
bribery. [Art. 210 Revised Penal Code]
Anti-Graft and Corrupt Practices Act
Under RA 3019, the judge is liable
criminally for directly or indirectly receiving gifts,
present or other pecuniary or material benefit for
himself or for another under conditions provided in
Section 2, b and c of the law..
Exception: Excepted are 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 [Section 14, RA 3019].
Loans Prohibited Under the Constitution
Under Section 16 Article XI “No loan,
guarantee or other form of financial
accommodation for any business purpose may be
granted directly or indirectly by any government-
owned or controlled bank or financial institution to
xxx members of the Supreme Court xxx during
their tenure.”
Taking or Receiving Loans From Litigants
It is a serious misconduct for a judge to
receive money from a litigant in the form of loans
which he never intended to pay back. Even if the
judge intends to pay, it is an act of impropriety to
take a loan from a party-litigant. The judge could
not be wholly free from bias in deciding a case
where his lender is a party. A judge should always
strive to be free from suspicion and all forms of
improprieties.
CANON 5: EQUALITY
Judges shall not, in the performance of
judicial duties, by words or conduct, manifest bias
or prejudice towards any person or group on
irrelevant grounds. (Sec. 2)
CANON 6: COMPETENCE AND DILIGENCE
Judges shall take reasonable steps to
maintain and enhance their knowledge, skills and
personal qualities necessary for the proper
performance of judicial duties, taking advantage
for this purpose of the training and other facilities
which should be made available, under judicial
control, to judges. (Sec. 3)
 CASE: Judges must be conscientious, studious
and thorough,[83] observing utmost diligence in
the performance of their judicial functions.[84]
They have to “exhibit more than just cursory
acquaintance with statutes and procedural rules.”
Moreover, they must require court personnel to
observe at all times high standards of public
service and fidelity. (Atty. Fabella vs. Judge Lee,
A.M. No. MTJ-04-1518. January 15, 2004)
Judges shall maintain order and decorum
in all proceedings before the court and be patient,
dignified and courteous in relation to litigants,
witnesses, lawyers and others with whom the
judge deals in an official capacity. Judges shall
require similar conduct of legal representatives,
court staff and others subject to their influence,
direction or control. (Sec. 6)

Void Donations Under the Civil Code

Donations given to a judge or to his wife,
descendants or ascendants by reason of his office CODE OF JUDICIAL CONDUCT
are void [Art. 739, Civil Code]. Ownership does not (October 20 1989)
pass to the donee. Money or property donated is Canon-
recoverable by the donor, his heirs or creditors.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
 San Beda College of Law
31
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
1: Uphold the integrity and independence of acted in his private capacity. Nevertheless, without
the judiciary in any way prejudging respondent’s liability,
2: Avoid impropriety and the appearance of respondent should be admonished to be careful
impropriety even in his private conduct because he is a model
3: Perform official duties honestly, and with of the law-abiding citizen and, for this reason, his
impartiality and diligence private life cannot be completely separated from
4: With due regard to official duties, engage his public persona. (Bernardo vs. Judge Tiamson,
in activities to improve the law, the legal A.M. No. RTJ-00-1565. August 6, 2001)
system and the administration of justice In Prosecutor Leo Tabao vs. Judge Pedro
5: Regulate extrajudicial activities to Espina [A.M. NO. RTJ-96-1347, June 29, 1999] it
minimize the risk of conflict with judicial was held that apropos the issue on the hasty
duties rendition of judgment in a criminal case, the
Supreme Court has reminded members of the
CANON 1: PROMPT DISPOSITION OF CASES bench time and again that as exemplars of justice
A judge should administer justice and law, judges must avoid not only impropriety
impartially and without delay. [Rule 1.02] but even the appearance of impropriety in all their
A judge shall dispose of the court’s actions. Neither should they take undue interest in
business promptly and decide cases within the the settlement of criminal cases as the same may
required periods. [Rule 3.05] compromise the integrity and impartiality of their
 CASES: In the Request of Judge Irma Zita office.
Masamayor [A.M. NO. 99-1-16, RTC, June 21 1999]
it was held that cognizant of the caseload of judges A judge should so behave at all times as
and mindful of the pressure of their work, the to promote public confidence in the integrity of the
Supreme Court almost always grants requests for judiciary. [Rule 2.01]
extension of time to decide cases. A heavy
caseload may excuse a judge’s failure to decide
cases within the reglementary period, but not his
or her failure to request for an extension of time CANON 3: PERFORMANCE OF DUTIES WITH
before the expiration of the period to be extended. HONESTY, IMPARTIALITY AND DILIGENCE
In Bernardo vs. Judge Amelia Fabros [A.M. A judge should perform official duties
NO. MTJ-99-1189, May 12, 1999], the Supreme honestly and with impartiality and diligence.
Court has always considered the failure of a judge A judge shall be faithful to the law and
to decide a case within the reglementary period as maintain professional competence. [Rule 3.01]
GROSS INEFFICIENCY and imposed either fine or
suspension from service without pay for such. The
 CASE: In the case Exequiel Domingo vs. Judge
fines imposed vary in each case, depending chiefly
Luis Reyes [A.M. NO. MTJ-98-1165, June 21, 1999]
on the number of cases not decided within the
the Supreme Court held that judges are expected
reglementary period and other factors to wit: the
to keep abreast of developments in law and
presence of aggravating circumstances – the
jurisprudence. The SC does not countenance
damage suffered by the parties as a result of the
respondent judge’s failure to inform himself of
delay, the health and age of the judge, etc.
recent jurisprudential rules. His error, while an
honest one and committed for the purpose of
CANON 2: AVOIDANCE OF IMPROPRIETY
achieving the ends of justice, must never happen
A judge should avoid impropriety and the
again. Respondent judge was reprimanded for
appearance of impropriety in all activities.
IGNORANCE OF THE LAW.
 CASES: In Manuel vs. Judge Demetrio Calimay,
Where a partner accepts public office, he
Jr. [A.M. NO. RTJ-99-1441, May 28, 1999] it was
shall withdraw from the firm and his name shall be
held that the fact that the charges proffered in the
dropped from the firm name unless the law allows
instant case do not directly refer to respondent
him to practice concurrently. [Rule 3.03]
judge’s official functions does not mean he is
A judge cannot take refuge behind the
totally free from blame. Canon 2 of the Code of
inefficiency or mismanagement by court personnel.
Judicial Conduct provides that a judge should not
Proper and efficient court management is as much
only avoid impropriety but also the appearance of
as his responsibility. It is also his duty to organize
impropriety in all his activities. He should behave
and supervise the court personnel to ensure the
at all times as to promote public confidence in the
prompt and efficient dispatch of business.
integrity and impartiality of the judiciary. He should
be extra careful in all his dealings – both in his
CANON 4: ENGAGING IN ACTIVITIES TO
professional and individual capacities – in order to
IMPROVE THE LAW
promote and protect the image of the judiciary to
A judge may, with due regard to official
which he is privileged to belong.
duties, engage in activities to improve the law, the
Respondent, in removing the bamboo
legal system and the administration of justice.
poles and fishing nets installed by complainant,
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
32 2005 CENTRALIZED BAR OPERATIONS
A judge may, to the extent that the
following activities do not impair the performance
of judicial duties or cast doubt on the judge’s
impartiality:
a. speak, write, lecture, teach or participate
in activities concerning the law, the legal
system and the administration of justice;
b. appear at public hearing before a
legislative or executive body on matters
concerning the law, the legal system or
the administration of justice and
otherwise consult with them on matter
concerning the administration of justice;
c. serve on any organization devoted to the
improvement of the law, the legal system
or the administration of justice. [Rule
4.01]
CANON 5: REGULATION OF THE
EXTRAJUDICIAL ACTIVITIES OF A JUDGE
A judge should regulate extra-judicial
activities so as to minimize the risk of conflict with
judicial duties.
AVOCATIONAL/CIVIC/CHARITABLE ACTIVITIES
A judge may engage in the following
activities provided that they do not interfere with
the performance of judicial duties or detract from
the dignity of the court: write, lecture, teach and
speak on non-legal subject
a. engage in the arts, sports and other
special recreational activities
b. participate in civic and charitable
activities
c. serve as an officer, director, trustee, or
non-legal advisor of a non-profit or non-
political, educational, religious, charitable,
and fraternal or civic organization. [Rule
5.01]
FINANCIAL ACTIVITIES
A judge shall refrain from financial and
business dealings:
1. that tend to reflect adversely on the court’s
impartiality
2. that interfere with the proper performance of
judicial activities
3. that increase involvement with lawyers or
persons likely to come before the court [Rule
5.02]
A judge should so manage investments
and other financial interests as to minimize the
number of cases giving grounds for
disqualification.
Subject to the provisions of the preceding
rule, a judge may hold and manage investments
but should not serve as an officer, director,
manager, advisor, or employee of any business
except as director of a family business of the
judge. [Rule 5.03]
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
FIDUCIARY ACTIVITIES
PROHIBITION TO SERVE AS EXECUTOR,
ADMINISTRATOR, ETC.
General Rule: The judge shall not serve as (a)
executor, (b) administrator, (c) trustee, (d)
guardian, (e) fiduciary.
Exception: when the estate, trust, ward or
person for whom he will act as executor,
administrator, trustee, guardian or fiduciary is a
member of the immediate family- which is limited
to the spouse and relatives within the second
degree of consanguinity – provided that the judge’s
services as fiduciary shall not interfere with the
performance of his judicial functions [Rule 5.06].
In such exceptional cases, the judge SHALL
NOT:
a. serve in proceeding that might come
before the court of said judge
b. act as such contrary to Rules 5.02 to 5.05.
(Note: the relationship mentioned is by
consanguinity and not by affinity.)
PROHIBITION TO BE APPOINTED IN QUASI-
JUDICIAL AND ADMINISTRATIVE AGENCIES
A judge shall not accept appointment or
designation to any agency performing quasi-
judicial or administrative functions. [Rule 5.09]
The prohibition is based on Section 12,
Art. VIII of the Constitution which provides: “The
members of the Supreme Court and of other courts
established by law shall not be designated to any
agency performing quasi-judicial or administrative
functions.”
The appointment to such positions will
likely interfere with the performance of the judicial
functions of a judge hence, the prohibition.
PROHIBITION TO ENGAGE IN POLITICAL
ACTIVITIES
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.
[Rule 5.10]
LIABILITY OF JUDGES
In the absence of fraud, dishonesty or
corruption, acts of judge in his judicial capacity not
subject to disciplinary action even though such
acts are erroneous. He can’t be subject to liability –
criminal, civil, administrative for any of his official
acts, no matter how erroneous, so long as he acts
in good faith. In such a case, the remedy of
aggrieved party is not to file administrative
complaint against the judge but to elevate error to
higher court for review and correction
 San Beda College of Law
33
MEMORY AID
When a Judge May Be Held Liable: Civil,
Criminal and Administrative
1. Malfeasance
2. Misfeasance
3. Knowingly rendering unjust judgment or
interlocutory order
4. Malicious delay in administration of justice
5. Giving private party unwarranted benefit
in exercise of judicial function thru
manifest partiality, evident bad faith and
gross inexcusable negligence.
CIVIL LIABILITIES OF JUDGES IN RELATION TO
THEIR OFFICIAL FUNCTIONS
1. Any public officer or employee or any private
individual, who directly or indirectly obstructs,
defeats and violates or in any manner impedes or
impairs the civil rights and liberties of persons shall
be liable for damages. [Art. 32, Civil Code]
The responsibility for damages is not
however demandable of judges except when the
act or omission of the judge constitutes a violation
of the Penal Code or other penal statute. [Art. 32,
last par.]
2. A judge who willfully or negligently renders a
decision causing damages to another, shall
indemnify the latter for the same.
A judge is also civilly liable for damages, if
in refusing or neglecting to decide a case without
just cause, a person suffered material or moral loss
without prejudice to any administrative action that
may be taken against him. [Art. 27, Civil Code]
DISABILITIES OF JUDGES UNDER THE CIVIL
CODE
1. Art. 1491. The following persons cannot
acquire by purchase, even at a public or judicial
action, either in person or through the mediation of
another:
xxx
(5) Justices, judges, prosecuting attorneys,
clerks of superior and inferior courts and other
officers and employees connected with the
administration of justice, the property and rights in
litigation or levied upon an execution before the
court within whose jurisdiction or territory they
exercise their respective functions, this prohibition
includes the act of acquiring by assignment and
shall apply to lawyers, with respect to the property
and rights which may be the object of any litigation
in which they may take part by virtue of their
profession.
Xxx
2. Art. 739. Donations made to a judge, his wife,
descendants and ascendants by reason of his office
are void.
CRIMINAL LIABILITIES OF JUDGES IN
RELATION TO THEIR OFFICIAL FUNCTIONS
1. Misfeasance
a. Knowingly Rendering Unjust Judgment -
Any judge who shall knowingly render an
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
IN LEGAL ETHICS AND PRACTICAL EXERCISES
unjust judgment in any case submitted to
him for decision shall be punished by prision
mayor and perpetual absolute
disqualification. [Art. 204 Revised Penal
Code]
b. Manifestly Unjust Judgment- it is one
which is so patently against the law, public
order, public policy and good morals that a
person of ordinary discernment can easily
sense its invalidity and injustice.
In order that a judge may be held liable for
knowingly rendering an unjust judgment, it must
be shown beyond doubt that the judgment is
unjust as it is contrary to law or is not supported by
evidence and the same was made with conscious
and deliberate intent to do an injustice. [In Re:
Climaco, 55 SCRA 107]
If the decision rendered by the judge is still on
appeal, the judge cannot be disqualified on the
ground of knowingly rendering an unjust judgment.
[Abad vs. Blaza, 145 SCRA 1]
2. Judgment Rendered Through Negligence –
Any judge who, by reason of inexcusable
negligence or ignorance shall render a manifestly
unjust judgment in any case submitted to him for
decision shall be punished by arresto mayor and
temporary special disqualification. [Art. 205
Revised Penal Code]
Negligence and ignorance are inexcusable
if they imply a manifest injustice which cannot be
explained by reasonable interpretation. [In Re
Climaco, 55 SCRA 107]
4. Knowingly Rendering an Unjust
Interlocutory Order – Any judge who shall
knowingly render an unjust interlocutory order
or decree shall suffer the penalty of arresto
mayor in its minimum period and suspension;
but if he shall have acted by reason of
inexcusable negligence or ignorance and the
interlocutory order or decree be manifestly
unjust, the penalty shall be suspension. [Art.
206, Revised Penal Code]
5. Maliciously Delaying the Administration
of Justice – The penalty of prision correccional in
its minimum period shall be imposed upon any
judge guilty of malicious delay in the
administration of justice.
To make the judge liable, the act must be
committed maliciously with deliberate intent to
prejudice a party in a case.
6. Malfeasance Under the Anti-Graft and
Corrupt Practices Act
A judge is criminally liable for causing an undue
injury to a person or giving any private party an
unwarranted benefit, advantage or preference in
the discharge of his official function through
manifest partiality, evident bad faith and gross
inexcusable negligence. [Section 3(e), R.A. 3019]
34 2005 CENTRALIZED BAR OPERATIONS
DISCIPLINE OF MEMBERS OF THE BENCH
POWER TO DISCIPLINE ERRING MEMBERS OF
THE BENCH
The Supreme Court has administrative
supervision over all courts and the personnel
thereof [Section VI, Art. VIII, Constitution]. The
Court en banc has the power to discipline all
judges of lower courts including justices of the
Court of Appeals. It may even dismiss them by a
majority vote of the members who actually took
part in the deliberation of the issues in the case
and voted thereon [Section XI, Art. VIII,
Constitution].
The inferior courts (MTCs) are not
empowered even just to suspend an attorney,
although they may cite or hold a lawyer in
contempt of court for contemptuous acts.
Justices and judges, who are also lawyers,
if found guilty of certain crimes and / or of the
causes for disbarment under the Rules of Court
may also be disbarred.
Justices of the Supreme Court however
may not be disbarred unless and until they shall
have been first impeached in accordance with the
Constitution. The same is true with the other
impeachable officers who are members of the bar.
 CASE: While it is our duty to investigate and
determine the truth behind every matter in
complaints against judges and other court
personnel, it is also our duty to see to it that they
are protected and exonerated from baseless
administrative charges. The Court will not shirk
from its responsibility of imposing discipline upon
its magistrates, but neither will it hesitate to shield
them from unfounded suits that serve to disrupt
rather than promote the orderly administration of
justice. ( Ocenar vs. Judge Mabutin, A.M. No. MTJ-
05-1582, February 28, 2005 )
GROUNDS FOR DISCIPLINE OF JUDGES
[Section 1, Rule 140, Revised Rules of Court]
1. Serious Misconduct
2. Inefficiency
Misconduct - implies malice or a wrongful intent,
not a mere error of judgment. For serious
misconduct to exist there must be reliable
evidence showing that the judicial acts complained
of were corrupt or inspired by an intention to
violate the law or were in persistent disregard of
well-known legal rules.
Inefficiency - implies negligence, incompetence,
ignorance and carelessness. A judge would be
inexcusably negligent if he failed to observe in the
performance of his duties that diligence, prudence
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
and circumspection which the law requires in the
rendition of any public service.
 CASES: In the case of In Re: Leaves Of
Absence Without Approval Of Judge Eric Calderon
[A.M. 98-8-105 MTC, January 26, 1999] - Judge
Calderon was found guilty of gross misconduct,
abandonment of office and was dismissed due to
his frequent leave of absence totaling to 3 years
which were not approved and his explanations
were inexcusable. He has caused great disservice
to many litigants and has denied them speedy
justice.
In the case of In Re: Judge Danilo Tenerife
[255 SCRA 184] - The failure of a judge to decide
even a single case within the 90-day period was
considered gross inefficiency warranting the
imposition of fine equivalent to his one month
salary.
Effect of resignation or retirement of a judge
when there is a pending administrative case
against him
The retirement/resignation of a judge
may or may not render the administrative
complaint moot and academic. Each case will be
determined according to its surrounding
circumstances. (Pagayao vs. Imbing, A.M. No. 89-
403. August 15, 2001; Lilia vs. Judge Famunal, A.M.
No. RTJ-99-1503. December 13, 2001)
According to Pesole vs. Rodriguez [81
SCRA 208] the acceptance by the President of the
resignation does not necessarily render the case
moot or deprive the SC of the authority to
investigate the charges. The court retains its
jurisdiction either to pronounce the respondent
official innocent of the charges or declare him
guilty thereof. A contrary rule will be fraught with
injustice and pregnant with dreadful and dangerous
implications.
PROCEDURE FOR DISCIPLINE OF JUDGES
(RULE 140)
1. Complaint, in writing and duly sworn to is
filed with the Supreme Court. [Sec. 1]
2. If found meritorious, a copy thereof shall
be served on the respondent and he shall
be required to comment within 10 days of
service. [Sec. 6]
3. Upon filing of respondent’s comment or
expiration of the period upon filing
comment, the SC either refers the matter
to the Office of the Court Administrator
(OCA) for evaluation, report, and
recommendation, or assigns a Justice of
the Court of Appeals (if respondent is an
RTC judge) or a judge of the RTC (if
respondent is a judge of an inferior court)
to investigate and hear the charges. [Sec.
7]
4. After hearings, the investigating justice or
judge submits a report of finding of fact,
 San Beda College of Law
35
MEMORY
conclusions of law and recommendations
to the Supreme Court. [Sec. 8]
5. The Supreme Court takes action as the
facts and the law may warrant. [Sec. 9]
Proceedings shall be private and
confidential but a copy of the decision or resolution
of the Court shall be attached to the record of the
judge in the Office of the Court Administrator. [Sec.
11]
QUANTUM OF EVIDENCE REQUIRED
The ground for the removal of a judicial
officer should be established beyond reasonable
doubt. Such is the rule where the charges on which
the removal is sought is misconduct in office, willful
neglect, corruption, or incompetence. The general
rules in regard to admissibility of evidence in
criminal trials apply.
For liability to attach, the assailed order,
decision or actuation of the judge in the
performance of official duties must not only found
to be erroneous but, most importantly, it must be
established that he was moved by bad faith,
dishonesty, hatred or some other like motive.
Similarly, a judge will be held administratively
liable for rendering an unjust judgment — one
which is contrary to law or jurisprudence or is not
supported by evidence — when he acts in bad
faith, malice, revenge or some other similar
motive. In other words, in order to hold a judge
liable for knowingly rendering an unjust judgment,
it must be shown beyond reasonable doubt that
the judgment was made with a conscious and
deliberate intent to do an injustice. (Judge De
Guzman vs. Dy, A.M. No. RTJ-03-1755, July 3, 2003)
IMPEACHMENT PROCEEDINGS AGAINST
JUDGES
Penal in nature governed by rules on
criminal case and therefore requires proof beyond
reasonable doubt. Only SC justices are subject to
impeachment.
MISCONDUCT
Reliable evidence showing that judicial
actions are corrupt or inspired by intent to violate
the law or in persistent disregard of legal rules.
Justices and Judges may not be investigated
under the grievance procedure in Rule 139-B, sec.
1 of the Revised Rules of Court. Complaints against
justices and judges are filed with the Supreme
Court which has administrative supervision over all
courts.
As a matter of practice, the Supreme
Court has assigned complaints against Municipal or
Metropolitan Trial Judges to an Executive Judge of a
Regional Trial Court and complaints against judges
of Regional Trial Courts to a justice of the Court of
Appeals, while a complaint against a member of
the Court of Appeals would probably be assigned to
a member of the Supreme Court for investigation,
report and recommendation. Retired SC Justices
are now tasked for this purpose.
REINSTATEMENT OF JUDGE PREVIOUSLY
DISCIPLINED
No indication that he is inspired by corrupt
motives or reprehensive purpose in the
performance of his functions.
Factors to be considered
1. Unsullied name & service of record prior
to dismissal
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
2. Commitment to avoid situation that spur
suspicion of arbitrary conditions.
3. Complainant mellowed down in pushing
from his removal
4. Length of time separated from service
V. INTEGRATED BAR OF THE PHILIPPINES
IBP is the national organization of lawyers
created on January 16, 1973 under Rule 139-A,
Rules of Court and constituted on May 4, 1973 into
a body corporate by P.D. No. 181
As the official national unification of the
entire lawyer population of the Philippines this
requires membership and financial support in
reasonable amount of every attorney as conditions
sine qua non to the practice of law and the
retention of his name in the Roll of Attorneys.
The IBP Board of Governors is authorized
to provide in the By-Laws for grievance procedure
for the enforcement and maintenance of discipline
among all the members of the IBP, but no action
involving the suspension or disbarment of a
member or the removal of his name from the Roll
of Attorneys shall be effective without the final
approval of the Supreme Court. [Rule 139-
A,Section 12, Rules of Court]
 CASE: Compulsory membership to the IBP is
not violative of a lawyer’s freedom of association.
Integration does not make a lawyer a member of
any group of which he is already a member. He
became a member of the bar when he passed the
Bar Examinations. All that integration actually
does is to provide an official national organization
for the well defined but unorganized and
incohesive group of which every lawyer is already a
member. [In re: Edillon A.M. 1928]
Voluntary termination of IBP membership,
How Effected
By filing a verified notice to that effect
with the Secretary of IBP who shall immediately
bring the matter to the attention of the SC.
Forthwith, he shall cease to be a member and his
name shall be stricken from the Roll of Attorneys.
Effect of failure to pay annual membership
dues to the IBP
The failure of any attorney to pay his
annual membership dues for 6 months shall
warrant suspension of his membership in the IBP
and default of such payment for one year shall be
a ground for the removal of his name from the Roll
of Attorneys. [Sec. 10, Rule 139-A, Rules of Court].
 CASES: A lawyer may not be disciplined either
by the IBP or the Court for failing to pay her
obligation to complainant, a matter in her non-
professional or private capacity. [Toledo vs. Abalos,
A. C. No. 5141, September 29, 1999]
Wanton disregard of the lawful orders of the
IBP Commission on Bar Discipline a ground
36 2005 CENTRALIZED BAR OPERATIONS

for suspension of a lawyer from the practice Discipline. [Toledo vs. Abalos, A. C. No. 5141,
of law. A lawyer was suspended from the practice September 29, 1999]
of law for one month due to her wanton disregard
of the lawful orders of the IBP Commission on Bar

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)