Legal and Judicial Ethics: Codes, Canons and Rules

RULE 135 Powers and Duties of Courts and Judicial
LEGAL AND JUDICIAL

Officers 12
RULE 136 Court Record and General Duties of Clerk
ETHICS and Stenographers
RULE 137 Disqualification of Judicial Officers
13
14

RULE 138 Attorneys and Admission to Bar 14
Codes, Canons and Rules RULE 138-A Law Student Practice Rule 17

RULE 139 Disbarment or Suspension of Attorneys 17
TABLE OF CONTENTS
RULE 139-A Integrated Bar of the Philippines 18

RULE 139-B Disbarment and Discipline of Attorneys
Code Of Professional Responsibility 3 20
CHAPTER I The Lawyer and Society 3 A. PROCEEDINGS IN THE INTEGRATED BAR OF
CHAPTER II The Lawyer and the Legal Profession 3 THE PHILIPPINES 20
CHAPTER III The Lawyer and the Courts 3 B. PROCEEDINGS IN THE SUPREME COURT 21
CHAPTER IV The Lawyer and the Client 4 C. COMMON PROVISIONS 21
RULE 140 Charges Against Judges of First Instance
CANONS OF JUDICIAL ETHICS * 5 22
OLD CODE OF JUDICIAL CONDUCT 8 RULE 141 Legal Fees 22
CANON 1 A JUDGE SHOULD UPHOLD THE INTEGRITY RULE 142 Cost 25
AND INDEPENDENCE OF THE JUDICIARY. 8 RULE 143 Applicability of the Rules 26
CANON 2 A JUDGE SHOULD AVOID IMPROPRIETY RULE 144 Effectiveness 26
AND THE APPEARANCE OF IMPROPRIETY IN ALL
ACTIVITIES 8 B.M. No. 850 | MANDATORY CONTINUING LEGAL
EDUCATION (MCLE) 26
CANON 3 A JUDGE SHOULD PERFORM OFFICIAL
DUTIES HONESTLY, AND WITH IMPARTIALITY AND RULE 1 PURPOSE 27
DILIGENCE. 8 RULE 2 MANDATORY CONTINUING LEGAL
ADJUDICATIVE RESPONSIBILITIES 8 EDUCATION 27
ADMINISTRATIVE RESPONSIBILITIES 8 RULE 3 COMPLIANCE PERIOD 27
DISQUALIFICATIONS 8 RULE 4 COMPUTATION OF CREDIT UNITS 27
REMITTAL OF DISQUALIFICATION 9 RULE 5 CATEGORIES OF CREDIT 28
CANON 4 A JUDGE MAY, WITH DUE REGARD TO RULE 6 COMPUTATION OF CREDIT HOURS 28
OFFICIAL DUTIES, ENGAGE IN ACTIVITIES TO RULE 7 EXEMPTIONS 28
IMPROVE THE LAW, THE LEGAL SYSTEM AND THE RULE 8 STANDARDS FOR APPROVAL OF EDUCATION
ADMINISTRATION OF JUSTICE. 9 ACTIVITIES 28
CANON 5 A JUDGE SHOULD REGULATE RULE 9 APPROVAL OF PROVIDERS 28
EXTRAJUDICIAL ACTIVITIES TO MINIMIZE THE RISK
RULE 10 ACTIVITY AND PROVIDER APPROVAL FEE 29
OF CONFLICT WITH JUDICIAL DUTIES. 9
RULE 11 GENERAL COMPLIANCE PROCEDURES 29
A VOCATIONAL, CIVIC AND CHARITABLE
ACTIVITIES 9 RULE 12 NON-COMPLIANCE PROCEDURES 29
FINANCIAL ACTIVITIES 9 RULE 13 CONSEQUENCES OF NON-COMPLIANCE 29
FIDUCIARY ACTIVITIES 9 RULE 14 REINSTATEMENT 30
PRACTICE OF LAW AND OTHER PROFESSION 9 RULE 15 MANDATORY CONTINUING LEGAL
EDUCATION COMMITTEE 30
FINANCIAL DISCLOSURE 9
EXTRA-JUDICIAL APPOINTMENTS 9 B.M. No. 2012 | RULE ON MANDATORY LEGAL AID
POLITICAL ACTIVITIES 9 SERVICE 30
COMPLIANCE WITH THE CODE OF JUDICIAL A.M. No. 17-03-09-SC RULE ON COMMUNITY LEGAL AID
CONDUCT 9 SERVICE 32
DATE OF EFFECTIVITY 9
A.M. No. 02-8-13-SC | 2004 RULES ON NOTARIAL
A.M. NO. 03-05-01-SC | ADOPTING THE NEW CODE OF PRACTICE 35
JUDICIAL CONDUCT FOR THE PHILIPPINE JUDICIARY 9 RULE I Implementation 35
CANON 1 Independence 10 RULE II Definitions 35
CANON 2 Integrity 10 RULE III Commissioning of Notary Public 36
CANON 3 Impartiality 10 RULE IV Powers and Limitations of Notaries Public 37
CANON 4 Propriety 11 RULE V Fees of Notary Public 38
CANON 5 Equality 11 RULE VI Notarial Register 38
CANON 6 Competence and Diligence 11 RULE VII Signature and Seal of Notary Public 39
Rules of Court 12 RULE VIII Notarial Certificates 40
RULE IX Certificate of Authority of Notaries Public 40
© Compiled by Rehne Gibb N. Larena | JD-2 | University of San Carlos

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

CERTIFICATE OF AUTHORITY FOR A NOTARIAL

ACT 40
RULE X Changes of Status of Notary Public 40
RULE XI Revocation of Commission and Disciplinary
Sanctions 40
RULE XII Special Provisions 41
RULE XIII Repealing and Effectivity Provisions 41

© Compiled By RGL 2 of 41


June 21, 1988 RULE 6.01 The primary duty of a lawyer engaged in public

prosecution is not to convict but to see that justice is
done. The suppression of facts or the concealment of
Code Of Professional witnesses capable of establishing the innocence of the
accused is highly reprehensible and is cause for
Responsibility disciplinary action.

RULE 6.02 A lawyer in the government service shall not
use his public position to promote or advance his private
interests nor allow the latter to interfere with his public
CHAPTER I The Lawyer and Society duties.
CANON 1 — A lawyer shall uphold the constitution, obey RULE 6.03 A lawyer shall not, after leaving a government
the laws of the land and promote respect for law and for service, accept engagement or employment in
legal processes. connection with any matter in which he had intervened
RULE 1.01 A lawyer shall not engage in unlawful, while in said service.
dishonest, immoral or deceitful conduct.
RULE 1.02 A lawyer shall not counsel or abet activities
aimed at defiance of the law or at lessening confidence in
CHAPTER II The Lawyer and the Legal Profession
the legal system. CANON 7 — A lawyer shall at all times uphold the
RULE 1.03 A lawyer shall not, for any corrupt motive or integrity and dignity of the legal profession, and support
interest, encourage any suit or proceeding or delay any the activities of the integrated bar.
man's cause. RULE 7.01 A lawyer shall be answerable for knowingly
RULE 1.04 A lawyer shall encourage his clients to avoid, making a false statement or suppressing a material fact,
end or settle the controversy if it will admit of a fair in connection with his application for admission to the
settlement. bar.
CANON 2 — A lawyer shall make his legal services RULE 7.02 A lawyer shall not support the application for
available in an efficient and convenient manner admission to the bar of any person known by him to be
compatible with the independence, integrity and unqualified in respect to character, education, or other
effectiveness of the profession. relevant attribute.
RULE 2.01 A lawyer shall not reject, except for valid RULE 7.03 A lawyer shall not engage in conduct that
reasons, the cause of the defenseless or the oppressed. adversely reflects on his fitness to practice law, nor shall
he, whether in public or private life, behave in a
RULE 2.02 In such cases, even if the lawyer does not scandalous manner to the discredit of the legal
accept a case, he shall not refuse to render legal advice to profession.
the person concerned if only to the extent necessary to
safeguard the latter's rights. CANON 8 — A lawyer shall conduct himself with courtesy,
fairness and candor toward his professional colleagues,
RULE 2.03 A lawyer shall not do or permit to be done any and shall avoid harassing tactics against opposing
act designed primarily to solicit legal business. counsel.
RULE 2.04 A lawyer shall not charge rates lower than RULE 8.01 A lawyer shall not, in his professional dealings,
those customarily prescribed unless the circumstances so use language which is abusive, offensive or otherwise
warrant. improper.
CANON 3 — A lawyer in making known his legal services RULE 8.02 A lawyer shall not, directly or indirectly,
shall use only true, honest, fair, dignified and objective encroach upon the professional employment of another
information or statements of facts. lawyer; however, it is the right of any lawyer, without fear
RULE 3.01 A lawyer shall not use or permit the use of any or favor, to give proper advice and assistance to those
false, fraudulent, misleading, deceptive, undignified, seeking relief against unfaithful or neglectful counsel.
self-laudatory or unfair statement or claim regarding his CANON 9 — A lawyer shall not, directly or indirectly, assist
qualifications or legal services. in the unauthorized practice of law.
RULE 3.02 In the choice of a firm name, no false, RULE 9.01 A lawyer shall not delegate to any unqualified
misleading or assumed name shall be used. The person the performance of any task which by law may
continued use of the name of a deceased partner is only be performed by a member of the Bar in good
permissible provided that the firm indicates in all its standing.
communications that said partner is deceased.
RULE 9.02 A lawyer shall not divide or stipulate to divide a
RULE 3.03 Where a partner accepts public office, he shall fee for legal services with persons not licensed to practice
withdraw from the firm and his name shall be dropped law, except:
from the firm name unless the law allows him to practice
law concurrently. a) Where there is a pre-existing agreement with a partner
or associate that, upon the latter's death, money shall be
RULE 3.04 A lawyer shall not pay or give anything of value paid over a reasonable period of time to his estate or to
to representatives of the mass media in anticipation of, or persons specified in the agreement; or
in return for, publicity to attract legal business.
b) Where a lawyer undertakes to complete unfinished
CANON 4 — A lawyer shall participate in the development legal business of a deceased lawyer; or
of the legal system by initiating or supporting efforts in
law reform and in the improvement of the administration c) Where a lawyer or law firm includes non-lawyer
of justice. employees in a retirement plan, even if the plan is based
in whole or in part, on a profit-sharing arrangement.
CANON 5 — A lawyer shall keep abreast of legal
developments, participate in continuing legal education
programs, support efforts to achieve high standards in CHAPTER III The Lawyer and the Courts
law schools as well as in the practical training of law
students and assist in disseminating information CANON 10 — A lawyer owes candor, fairness and good
regarding the law and jurisprudence. faith to the court.
CANON 6 — These canons shall apply to lawyers in RULE 10.01 A lawyer shall not do any falsehood, nor
government service in the discharge of their official tasks. consent to the doing of any in Court; nor shall he mislead
or allow the Court to be misled by any artifice.


RULE 10.02 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 CHAPTER IV The Lawyer and the Client
decision or authority, or knowingly cite as law a provision CANON 14 — A lawyer shall not refuse his services to the
already rendered inoperative by repeal or amendment or needy.
assert as a fact that which has not been proved.
RULE 14.01 A lawyer shall not decline to represent a
RULE 10.03 A lawyer shall observe the rules of procedure person solely on account of the latter's race, sex, creed or
and shall not misuse them to defeat the ends of justice. status of life, or because of his own opinion regarding the
CANON 11 — A lawyer shall observe and maintain the guilt of said person.
respect due to the Courts and to judicial officers and RULE 14.02 A lawyer shall not decline, except for serious
should insist on similar conduct by others. and sufficient cause, an appointment as counsel de oficio
RULE 11.01 A lawyer shall appear in court properly attired. or as amicus curiae or a request from the Integrated Bar
of the Philippines or any of its chapters for rendition of
RULE 11.02 A lawyer shall punctually appear at court free legal aid.
hearings.
RULE 14.03 A lawyer may not refuse to accept
RULE 11.03 A lawyer shall abstain from scandalous, representation of an indigent client unless:
offensive or menacing language or behavior before the
Courts. a) he is in no position to carry out the work effectively or
competently; or
RULE 11.04 A lawyer shall not attribute to a Judge motives
not supported by the record or have no materiality to the b) he labors under a conflict of interest between him and
case. the prospective client, or between a present client and
the prospective client.
RULE 11.05 A lawyer shall submit grievances against a
Judge to the proper authorities only. RULE 14.04 A lawyer who accepts the cause of a person
unable to pay his professional fees shall observe the same
CANON 12 — A lawyer shall exert every effort and consider standard of conduct governing his relations with paying
it his duty to assist in the speedy and efficient clients.
administration of justice.
CANON 15 — A lawyer shall observe candor, fairness and
RULE 12.01 A lawyer shall not appear for trial unless he has loyalty in all his dealings and transactions with his client.
adequately prepared himself on the law and the facts of
his case, the evidence he will adduce and the order of its RULE 15.01 A lawyer, in conferring with a prospective
profference. He should also be ready with the original client, shall ascertain as soon as practicable whether the
documents for comparison with the copies. matter would involve a conflict with another client or his
own interest, and if so, shall forthwith inform the
RULE 12.02 A lawyer shall not file multiple actions arising prospective client.
from the same cause.
RULE 15.02 A lawyer shall be bound by the rule on
RULE 12.03 A lawyer shall not, after obtaining extensions privilege communication in respect of matters disclosed
of time to file pleadings, memoranda or briefs, let the to him by a prospective client.
period lapse without submitting the same or offering an
explanation for his failure to do so. RULE 15.03 A lawyer shall not represent conflicting
interests except by written consent of all concerned given
RULE 12.04 A lawyer shall not unduly delay a case, impede after a full disclosure of the facts.
the execution of a Judgment or misuse Court processes.
RULE 15.04 A lawyer may, with the written consent of all
RULE 12.05 A lawyer shall refrain from talking to his concerned, act as mediator, conciliator or arbitrator in
witness during a break or recess in the trial, while the settling disputes.
witness is still under examination.
RULE 15.05 A lawyer, when advising his client, shall give a
RULE 12.06 A lawyer shall not knowingly assist a witness candid and honest opinion on the merits and probable
to misrepresent himself or to impersonate another. results of the client's case, neither overstating nor
RULE 12.07 A lawyer shall not abuse, browbeat or harass a understating the prospects of the case.
witness nor needlessly inconvenience him. RULE 15.06 A lawyer shall not state or imply that he is able
RULE 12.08 A lawyer shall avoid testifying in behalf of his to influence any public official, tribunal or legislative body.
client, except: RULE 15.07 A lawyer shall impress upon his client
a) on formal matters, such as the mailing, authentication compliance with the laws and the principles of fairness.
or custody of an instrument, and the like: or RULE 15.08 A lawyer who is engaged in another
b) on substantial matters, in cases where his testimony is profession or occupation concurrently with the practice
essential to the ends of justice, in which event he must, of law shall make clear to his client whether he is acting
during his testimony, entrust the trial of the case to as a lawyer or in another capacity.
another counsel. CANON 16 — A lawyer shall hold in trust all moneys and
CANON 13 — A lawyer shall rely upon the merits of his properties of his client that may come into his possession.
cause and refrain from any impropriety which tends to RULE 16.01 A lawyer shall account for all money or
influence, or gives the appearance of influencing the property collected or received for or from the client.
Court.
RULE 16.02 A lawyer shall keep the funds of each client
RULE 13.01 A lawyer shall not extend extraordinary separate and apart from his own and those of others kept
attention or hospitality to, nor seek opportunity for by him.
cultivating familiarity with Judges.
RULE 16.03 A lawyer shall deliver the funds and property
RULE 13.02 A lawyer shall not make public statements in of his client when due or upon demand. However, he shall
the media regarding a pending case tending to arouse have a lien over the funds and may apply so much thereof
public opinion for or against a party. as may be necessary to satisfy his lawful fees and
RULE 13.03 A lawyer shall not brook nor invite interference disbursements, giving notice promptly thereafter to his
by another branch or agency of the government in the client. He shall also have a lien to the same extent on all
normal course of judicial proceedings. judgments and executions he has secured for his client as
provided for in the Rules of Court.
RULE 16.04 A lawyer shall not borrow money from his
client unless the client's interests are fully protected by
the nature of the case or by independent advice. Neither



shall a lawyer lend money to a client except, when in the CANON 21 — A lawyer shall preserve the confidences or
interest of justice, he has to advance necessary expenses secrets of his client even after the attorney-client relation
in a legal matter he is handling for the client. is terminated.
CANON 17 — A lawyer owes fidelity to the cause of his RULE 21.01 A lawyer shall not reveal the confidences or
client and he shall be mindful of the trust and confidence secrets of his client except:
reposed in him. a) when authorized by the client after acquainting him of
CANON 18 — A lawyer shall serve his client with the consequences of the disclosure;
competence and diligence. b) when required by law;
RULE 18.01 A lawyer shall not undertake a legal service c) when necessary to collect his fees or to defend himself,
which he knows or should know that he is not qualified to his employees or associates or by judicial action.
render. However, he may render such service if, with the
consent of his client, he can obtain as collaborating RULE 21.02 A lawyer shall not, to the disadvantage of his
counsel a lawyer who is competent on the matter. client, use information acquired in the course of
employment, nor shall he use the same to his own
RULE 18.02 A lawyer shall not handle any legal matter advantage or that of a third person, unless the client with
without adequate preparation. full knowledge of the circumstances consents thereto.
RULE 18.03 A lawyer shall not neglect a legal matter RULE 21.03 A lawyer shall not, without the written consent
entrusted to him, and his negligence in connection of his client, give information from his files to an outside
therewith shall render him liable. agency seeking such information for auditing, statistical,
RULE 18.04 A lawyer shall keep the client informed of the bookkeeping, accounting, data processing, or any similar
status of his case and shall respond within a reasonable purpose.
time to the client's request for information. RULE 21.04 A lawyer may disclose the affairs of a client of
CANON 19 — A lawyer shall represent his client with zeal the firm to partners or associates thereof unless
within the bounds of the law. prohibited by the client.
RULE 19.01 A lawyer shall employ only fair and honest RULE 21.05 A lawyer shall adopt such measures as may be
means to attain the lawful objectives of his client and required to prevent those whose services are utilized by
shall not present, participate in presenting or threaten to him, from disclosing or using confidences or secrets of
present unfounded criminal charges to obtain an the client.
improper advantage in any case or proceeding. RULE 21.06 A lawyer shall avoid indiscreet conversation
RULE 19.02 A lawyer who has received information that about a client's affairs even with members of his family.
his client has, in the course of the representation, RULE 21.07 A lawyer shall not reveal that he has been
perpetuated a fraud upon a person or tribunal, shall consulted about a particular case except to avoid possible
promptly call upon the client to rectify the same, and conflict of interest.
failing which he shall terminate the relationship with
such client in accordance with the Rules of Court. CANON 22 — A lawyer shall withdraw his services only for
good cause and upon notice appropriate in the
RULE 19.03 A lawyer shall not allow his client to dictate circumstances.
the procedure in handling the case.
RULE 22.01 A lawyer may withdraw his services in any of
CANON 20 — A lawyer shall charge only fair and the following cases:
reasonable fees:
a) When the client pursues an illegal or immoral course of
RULE 20.01 A lawyer shall be guided by the following conduct in connection with the matter he is handling;
factors in determining his fees:
b) When the client insists that the lawyer pursue conduct
a) The time spent and the extent of the services rendered violative of these canons and rules;
or required;
c) When his inability to work with co-counsel will not
b) The novelty and difficulty of the questions involved; promote the best interest of the client;
c) The importance of the subject matter; d) When the mental or physical condition of the lawyer
d) The skill demanded; renders it difficult for him to carry out the employment
e) The probability of losing other employment as a result effectively;
of acceptance of the proffered case; e) When the client deliberately fails to pay the fees for the
f) The customary charges for similar services and the services or fails to comply with the retainer agreement;
schedule of fees of the IBP chapter to which he belongs; f) When the lawyer is elected or appointed to public
g) The amount involved in the controversy and the office; and
benefits resulting to the client from the service; g) Other similar cases.
h) The contingency or certainty of compensation; RULE 22.02 A lawyer who withdraws or is discharged
i) The character of the employment, whether occasional shall, subject to a retainer lien, immediately turn over all
or established; and papers and property to which the client is entitled, and
shall cooperate with his successor in the orderly transfer
j) The professional standing of the lawyer. of the matter, including all information necessary for the
RULE 20.02 A lawyer shall, in cases of referral, with the proper handling of the matter.
consent of the client, be entitled to a division of fees in (Code of Professional Responsibility, [June 21, 1988])
proportion to the work performed and responsibility
assumed. August 1, 1946
RULE 20.03 A lawyer shall not, without the full knowledge

and consent of the client, accept any fee, reward, costs,
commission, interest, rebate or forwarding allowance or CANONS OF JUDICIAL ETHICS *
other compensation whatsoever related to his
In the interest of the administration of justice, the
professional employment from anyone other than the
following Canons of Judicial Ethics, proposed by the
client.
Philippine Bar Association and approved by the judges of
RULE 20.04 A lawyer shall avoid controversies with clients First Instance of Manila re hereby adopted for the
concerning his compensation and shall resort to judicial guidance of and observance by the judges under the
action only to prevent imposition, injustice or fraud. administrative supervision of the Department of Justice


(now of the Supreme Court), including municipal judges competency. Patronage of a judge is conferred by him for
and city judges: no personal or partisan advantage. A judge should not
1. Relations of the judiciary permit his appointments to be controlled by others than
himself, and he should avoid the allowance of excessive
The assumption of the office of judge casts upon the compensation to the appointees. He should also avoid
incumbent duties in respect to his personal conduct nepotism in his appointments.
which concern his relation to the State and its
inhabitants, the litigants before him, the principles of law, 12. Kinship or influence of parties and counsel
the practitioners of law in his court, and the witnesses A judge should not, unless it is unavoidable, sit in
and attendants who aid him in the administration of its litigation where a near relative is a party or of counsel;
functions. and he should not suffer his conduct to create the
2. The public interest impression that any person can unduly influence him or
enjoy his favor, or that he is affected by the rank, position,
The courts exist to promote justice; and thus to aid in or influence of any party.
securing the contentment and happiness of the people.
Their administration should be speedy and careful. Every 13. Independence
judge should at all times be alert in his rulings and in the A judge should not be swayed by public claim or
conduct of the business of his court, so far as he can, to considerations of personal popularity.
make it useful to litigants and to the community. He 14. Interference to conduct of trial
should avoid unconsciously falling into the attitude of
mind that the litigants are made for the courts instead of While a judge may properly intervene in a trial of a case to
the courts for the litigants. promote expedition and prevent unnecessary waste of
time, or to clear up some obscurity, nevertheless, he
3. Avoidance of appearance of impropriety should bear in mind that his undue interference,
A judge's official conduct should be free from the impatience, or participation in the examination of
appearance of impropriety, and his personal behavior, not witnesses, or a severe attitude on his part toward
only upon the bench and in the performance of judicial witnesses, especially those who are excited or terrified by
duties, but also in his everyday life, should be beyond the unusual circumstances of trial, may tend to prevent
reproach. the proper presentation of the cause, or the
4. Essential conduct ascertainment of the truth in respect thereto.
He should be temperate, patient, attentive, impartial, and, Conversation between the judge and counsel in court is
since he is to administer the law and apply it to the facts, often necessary, but the judge should be studious to
he should be studious of the principles of the law, diligent avoid controversies which are apt to obscure the merits of
in endeavoring to ascertain the facts. the dispute between litigants and lead to its unjust
disposition. In addressing counsel, litigants, or witnesses,
5. Industry he should avoid a controversial tone.
He should exhibit an industry and application He should avoid interruptions of counsel in their
commensurate with the duties imposed upon him. arguments except to clarify his mind as to their positions,
6. Promptness and he should not be tempted to an unnecessary display
of learning or a premature judgment.
He should be prompt in disposing of all matters
submitted to him, remembering that justice delayed is 15. Ex parte applications
often justice denied. Judges should discourage ex parte hearing of
7. Punctuality applications for injunctions and receivership where the
order may work detriment to absent parties; they should
He should be punctual in the performance of his judicial act upon ex parte applications only where the necessity
duties, recognizing that the time of litigants, witnesses, for quick action is clearly shown; if this be demonstrated,
and attorneys is of value and that if the judge is then the judge should endeavor to counteract the effect
unpunctual in his habits he sets a bad example to the bar of the absence of opposing counsel by a scrupulous
and tends to create dissatisfaction with the cross-examination and investigation as to the facts and
administration of justice. the principles of law upon which the application is based,
8. Court organization granting relief only when fully satisfied that the law
permits it and the emergency demands it. The judge
He should organize his court with a view to prompt and should remember that an injunction is a limitation upon
convenient dispatch of its business and he should not the freedom of action of defendants and should not be
tolerate abuses and neglect by clerks, sheriffs, and other granted lightly or inadvisedly. one applying for such relief
assistants who are sometimes prone to presume too must sustain the burden of showing clearly its necessity
much upon his good-natured acquiescence by reason of and this burden is increased in the absence of the party
friendly association with him. whose freedom of action is to be restrained even though
9. Consideration for witnesses and others only temporarily.
He should be considerate of witnesses and others in 16. Continuances
attendance upon his court. Delay in the administration of justice is a common cause
10. Courtesy and civility of complaint; counsel are frequently responsible for this
Judges should be courteous to counsel, especially to delay. Judges, without being arbitrary or forcing cases
those who are young and inexperienced, and also to all unreasonably or unjustly to trial when unprepared, to the
others concerned in the administration of justice in their detriment of parties, may well endeavor to hold counsel
courts. to a proper appreciation of their duties to the public to
their own clients, and to the adverse party and his
They should also require, and, as far as their power counsel, so as to enforce due diligence in the dispatch of
extends, enforce on the part of clerks, court officers and business before the court.
counsel civility and courtesy to witnesses, litigants and
others having business with the court. 17. Judicial opinions
11. Appointments of the judiciary and their compensation In disposing of controverted cases, judges should indicate

the reasons for their action in opinions showing that they
Trustees, receivers, masters, referees, guardians, and have not disregarded or overlooked serious arguments of
administrators appointed by a judge to aid in the counsel. They should show their full understanding of the
administration of justice under his supervision should case, avoid the suspicion of arbitrary conclusion, promote
have the strictest probity and impartiality and should be
selected with a view solely to their character and



confidence in their intellectual integrity and contribute He should avoid giving ground for any reasonable
useful precedents to the growth of the law. suspicion that in utilizing the power or prestige of his
But the volume of reported decisions is such and is ever office to persuade or coerce others to patronize or
so increasing that in writing opinions which are to be contribute, either to the success of private business
published, judges may well take this fact into ventures, or to charitable enterprises. He should,
consideration, and curtail them accordingly, without therefore, not enter into such private business, or pursue
substantially departing from the principles stated above. such a course of conduct, as would justify such suspicion,
It is of high importance that judges constituting a court nor use the power of his office or the influence of his
of last resort should use effort and self-restraint to name to promote the business interest of others; he
promote solidarity of conclusion and the consequent should not solicit for charities, nor should he enter into
influence of judicial decision. A judge should not yield to any business relation which, in the normal course of
pride of opinion or value more highly his individual events reasonably to be expected, might bring his
reputation than that of the court to which he should be personal interests into conflict with the impartial
loyal. Therefore, except in case of conscientious difference performance of his official duties.
of opinion on fundamental principle, dissents should be 25. Personal investments and relations
discouraged. A Judge should abstain from making personal
18. Influence of decisions upon the development of the investments in enterprises which are apt to be involved in
law litigation in his court; and, after accession to the bench,
A Judge should be mindful that his duty is the he should not retain such investments previously made,
application of general law to particular instance, that ours longer than a period sufficient to enable him to dispose
is a government of laws and not of men, and that he of them without serious loss. It is desirable that he should,
violates his duty as a minister of justice under such a so far as reasonably possible, refrain from all relations
system if he seeks to do what he may personally consider which would normally tend to arouse the suspicion that
substantial justice in a particular case and disregards the such relations warp or bias his judgment, or prevent his
general law as he knows it to be binding on him. Such impartial attitude of mind in the administration of his
action may have detrimental consequences beyond the judicial duties.
immediate controversy. He should administer his office It is highly improper for a judge to utilize information
with a due regard to the integrity of the system of the law coming to him in a juridical capacity for purposes of
itself, remembering that he is not a depository of arbitrary speculation and it detracts from the public confidence in
power, but a judge under the sanction of law. his integrity and the soundness of judicial judgment for
19. Idiosyncrasies and inconsistency him at any time to become a speculative investor upon
the hazard of a margin.
Justice should not be bounded by the individual
idiosyncrasies of those who administer it. A judge should 26. Executorships and trusteeships
adopt the usual and expected method of doing justice, While judges are not disqualified from holding
and not seek to be extreme or peculiar in his judgment, executorships or trusteeships, they should not accept or
or spectacular or sensational in the conduct of his court. continue to hold any fiduciary or other position if the
Though vested with discretion in the imposition of mild holding of it would interfere or seem to interfere with the
or severe sentences, he should not compel persons proper performance of their judicial duties, or if the
convicted or accused to submit to some humiliating act business interests of those represented require
or discipline of his own devising, without authority of law, investments in enterprises that are apt to come before
because he thinks it will have a beneficial corrective the court, or to be involved in questions of law to be
influence. determined by it.
Judges imposing sentences should endeavor to conform 27. Partisan politics
to a reasonable standard of punishment and should not While entitled to entertain his personal view on political
seek popularity either by exceptional severity or undue questions, and while not required to surrender his rights
leniency. or opinions as a citizen, it is inevitable that suspicion of
20. Review being warped by political bias will attach to a judge who
In order that a litigant may secure the full benefit of the becomes the active promoter of the interests of one
right of review accorded to him by law, a trial judge political party against another.
should scrupulously grant to the defeated party A Judge should avoid making political speeches,
opportunity to present the situation arising upon the trial contributions to party funds, the public endorsement of
exactly as it arose, was presented, and decided by full and candidates for political office, or participating in party
fair bill of exceptions or otherwise; and failure in this conventions.
regard on the part of the judge is peculiarly worthy of 28. Self-interest
condemnation because the wrong done is remediable.
He should abstain from participating in any judicial act in
21. Legislation which his personal interests are involved. If he has
Judges have exceptional opportunity to observe the personal litigation in the court of which he is judge, he
operation of statutes, especially those relating to practice, need not resign his judgeship on that account, but he
and to ascertain whether they tend to impede the just should, of course, refrain from any judicial act in such a
disposition of controversies; and they may well contribute controversy.
to the public interest by advising those having authority 29. Gifts and favors
to remedy defects of procedure of the result of their
observation and experience. He should not accept any presents or favors from litigants
or from lawyers practicing before him.
22. Infractions of law
30. Social relations
The judge should be studiously careful himself to avoid
even the slightest infraction of the law, lest it be a It is not necessary to the proper performance of judicial
demoralizing example to others. duty that judges should live in retirement or seclusion; it
is desirable that, so far as the reasonable attention to the
23. Inconsistent obligations completion of their work will permit, they continue to
A judge should not accept inconsistent duties; nor incur mingle in social intercourse, and that they should not
obligations, pecuniary or otherwise, which will in any way discontinue their interests in or appearance at meetings
interfere with his devotion to the expeditious and proper of members of the bar. A judge should, however, in
administration of his official functions. pending or prospective litigation before him be
24. Business promotions and solicitations for charity. scrupulously careful to avoid such action as may
reasonably tend to waken the suspicion that his social or



business relations or friendships constitute an element in RULE 3.03. A judge shall maintain order and proper
determining his judicial course. decorum in the court.
31. A summary of judicial obligations RULE 3.04. A Judge should be patient, attentive, and
A judge's conduct should be above reproach and in the courteous to lawyers, especially the inexperienced, to
discharge of his judicial duties he should be litigants, witnesses, and others appearing before the
conscientious, studious, thorough, courteous, patient, court. A Judge should avoid unconsciously falling into the
punctual, just, impartial, fearless of public clamour, and attitude of mind that the litigants are made for the
regardless of private influence should administer justice courts, instead of the courts for the litigants.
according to law and should deal with the patronage of RULE 3.05. A Judge shall dispose of the court's business
the position as a public trust; and he should not allow promptly and decide cases within the required periods.
outside matters or his private interests to interfere with RULE 3.06. While a judge may, to promote justice, prevent
the prompt and proper performance of his office. waste of time or clear up some obscurity, properly
(Canons of Judicial Ethics, [August 1, 1946]) intervene in the presentation of evidence during the trial,
September 5, 1989 it should always be borne in mind that undue
interference may prevent the proper presentation of the
cause or the ascertainment of truth.
OLD CODE OF JUDICIAL RULE 3.07. A Judge should abstain from making public
comments on any pending or impending case and
CONDUCT should require similar restraint on the part of court
personnel.
PREAMBLE
An honorable, competent and independent judiciary ADMINISTRATIVE RESPONSIBILITIES
exists to administer justice and thus promote the unity of RULE 3.08. A Judge should diligently discharge
the country, the stability of government, and the administrative responsibilities, maintain professional
well-being of the people. competence in court management, and facilitate the
performance of the administrative functions of other
judges and court personnel.
CANON 1 A JUDGE SHOULD UPHOLD THE
RULE 3.09. A Judge should organize and supervise the
INTEGRITY AND INDEPENDENCE OF THE court personnel to ensure the prompt and efficient
JUDICIARY. dispatch of business, and require at all times the
observance of high standards of public service and
RULE 1.01. A judge should be the embodiment of fidelity.
competence, integrity, and independence.
RULE 3.10. A judge should take or initiate appropriate
RULE 1.02. A judge should administer justice impartially disciplinary measures against lawyers or court personnel
and without delay. for unprofessional conduct of which the judge may have
RULE 1.03. A judge should be vigilant against any attempt become aware.
to subvert the independence of the judiciary and resist RULE 3.11. A judge should appoint commissioners,
any pressure from whatever source. receivers, trustees, guardians, administrators and others
strictly on the basis of merit and qualifications, avoiding
nepotism and favoritism. Unless otherwise allowed by
CANON 2 A JUDGE SHOULD AVOID law, the same criteria should be observed in
IMPROPRIETY AND THE APPEARANCE OF recommending appointment of court personnel. Where
IMPROPRIETY IN ALL ACTIVITIES the payment of compensation is allowed, it should be
reasonable and commensurate with the fair value of
RULE 2.01. A Judge should so behave at all times as to services rendered.
promote public confidence in the integrity and
impartiality of the judiciary.
DISQUALIFICATIONS
RULE 2.02. A judge should not seek publicity for personal
vainglory. RULE 3.12. A judge should take no part in a proceeding
where the Judge's impartiality might reasonably be
RULE 2.03. A judge shall not allow family, social, or other questioned. These cases include, among others,
relationships to influence judicial conduct or judgment. proceedings where:
The prestige of judicial office shall not be used or lent to
advance the private interests of others, nor convey or a) the judge has personal knowledge of disputed
permit others to convey the impression that they are in a evidentiary facts concerning the proceeding;
special position to influence the judge. b) the Judge served as executor, administrator, guardian,
RULE 2.04. A judge shall refrain from influencing in any trustee or lawyer in the case or matters in controversy, or
manner the outcome of litigation or dispute pending a former associate of the judge served as counsel during
before another court or administrative agency. their association, or the judge or lawyer was a material
witness therein;
c) the judge's ruling in a lower court is the subject of
CANON 3 A JUDGE SHOULD PERFORM review;
OFFICIAL DUTIES HONESTLY, AND WITH d) the judge is related by consanguinity or affinity to a
IMPARTIALITY AND DILIGENCE. party litigant within the sixth degree or to counsel within
the fourth degree;
e) the judge knows that the judge's spouse or child has a
ADJUDICATIVE RESPONSIBILITIES
financial interest, as heir, legatee, creditor, fiduciary, or
RULE 3.01. A judge shall be faithful to the law and otherwise, in the subject matter in controversy or in a
maintain professional competence. party to the proceeding, or any other interest that could
RULE 3.02. In every case, a Judge shall endeavor diligently be substantially affected by the outcome of the
to ascertain the facts and the applicable law unswayed by proceeding.
partisan interests, public opinion or fear of criticism. In every instance the judge shall indicate the legal reason
for inhibition.


dealing or for any other purpose not related to judicial
REMITTAL OF DISQUALIFICATION activities.
RULE 3.13. A judge disqualified by the terms of rule 3.12
may, instead of withdrawing from the proceeding, FIDUCIARY ACTIVITIES
disclose on the record the basis of disqualification. If, RULE 5.06. A judge should not serve as the executor,
based on such disclosure, the parties and lawyers administrator, trustee, guardian, or other fiduciary, except
independently of the judge's participation, all agree in for the estate, trust, or person of a member of the
writing that the reason for the inhibition is immaterial or immediate family, and then only if such service will not
insubstantial, the judge may then participate in the interfere with the proper performance of judicial duties.
proceeding. The agreement, signed by all parties and "Member of immediate family" shall be limited to the
lawyers, shall be incorporated in the record of the spouse and relatives within the second degree of
proceeding. consanguinity. As a family fiduciary, a judge shall not:
(1) serve in proceedings that might come before the court
CANON 4 A JUDGE MAY, WITH DUE REGARD TO of said judge; or
OFFICIAL DUTIES, ENGAGE IN ACTIVITIES TO (2) act as such contrary to Rules 5.02 to 5.05.
IMPROVE THE LAW, THE LEGAL SYSTEM AND
THE ADMINISTRATION OF JUSTICE. PRACTICE OF LAW AND OTHER PROFESSION
RULE 4.01. A judge may, to the extent that the following RULE 5.07. A Judge shall not engage in the private
activities do not impair the performance of judicial duties practice of law. Unless prohibited by the Constitution or
or cast doubt on the judge's impartiality: law, a judge may engage in the practice of any other
profession provided that such practice will not conflict or
(a) speak, write, lecture, teach or participate in activities tend to conflict with judicial functions.
concerning the law, the legal system and the
administration of justice;
FINANCIAL DISCLOSURE
(b) appear at a public hearing before a legislative or
executive body on matters concerning the law, the legal RULE 5.08. A judge shall make full financial disclosure as
system or the administration of justice and otherwise required by law.
consult with them on matters concerning the
administration of justice.
EXTRA-JUDICIAL APPOINTMENTS
(c) serve on any organization devoted to the
improvement of the law, the legal system or the RULE 5.09. A judge shall not accept appointment or
administration of justice. designation to any agency performing quasi -judicial or
administrative functions.
CANON 5 A JUDGE SHOULD REGULATE POLITICAL ACTIVITIES

EXTRAJUDICIAL ACTIVITIES TO MINIMIZE THE RULE 5.10. A judge is entitled to entertain personal views
RISK OF CONFLICT WITH JUDICIAL DUTIES. 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
A VOCATIONAL, CIVIC AND CHARITABLE ACTIVITIES political office or participate in other partisan political
RULE 5.01. A judge may engage in the following activities activities.
provided that they do not interfere with the performance
of judicial duties or detract from the dignity of the court: COMPLIANCE WITH THE CODE OF JUDICIAL CONDUCT
(a) write, lecture, teach and speak on non-legal subjects; All judges shall strictly comply with this code.
(b) engage in the arts, sports, and other special
recreational activities;
DATE OF EFFECTIVITY
(c) participate in civic and charitable activities;
This Code, promulgated on 5 September 1989, shall take
(d) serve as an officer, director, trustee, or non-legal effect on 20 October 1989.
advisor of a non-profit or non-political educational,
religious, charitable, fraternal, or civic organization. (Code of Judicial Conduct, [September 5, 1989])
FINANCIAL ACTIVITIES
RULE 5.02. A judge shall refrain from financial and
A.M. NO. 03-05-01-SC |
business dealings that tend to reflect adversely on the
court's impartiality, interfere with the proper performance
ADOPTING THE NEW CODE OF
of judicial activities or increase involvement with lawyers
or persons likely to come before the court. A judge should
JUDICIAL CONDUCT FOR THE
so manage investments and other financial interests as
to minimize the number of cases giving grounds for
PHILIPPINE JUDICIARY
disqualification. April 27, 2004
RULE 5.03. Subject to the provisions of the proceeding
rule, a judge may hold and manage investments but
WHEREAS, at the Round Table Meeting of Chief Justices
should not serve as an officer, director, manager, advisor,
held at the Peace Palace. The Hague, on 25–26 November
or employee of any business except as director of a family
2002, at which the Philippine Supreme Court was
business of the judge.
represented by the Chief Justice and Associate Justice
RULE 5.04. A judge or any immediate member of the Reynato S. Puno, the Bangalore Draft of the Code of
family shall not accept a gift, bequest, favor or loan from Judicial Conduct adopted by the Judicial Group on
anyone except as may be allowed by law. Strengthening Judicial Integrity was deliberated upon
RULE 5.05. No information acquired in a judicial capacity and approved after incorporating therein several
shall be used or disclosed by a judge in any financial amendments;


WHEREAS, the Bangalore Draft, as amended, is intended SECTION 1. Judges shall ensure that not only is their
to be the Universal Declaration of Judicial Standards conduct above reproach, but that it is perceived to be so
applicable in all judiciaries; in the view of a reasonable observer.
WHEREAS, the Bangalore Draft is founded upon a SECTION 2. The behavior and conduct of judges must
universal recognition that a competent, independent and reaffirm the people's faith in the integrity of the judiciary.
impartial judiciary is essential if the courts are to fulfill Justice musty not merely be done but must also be seen
their role in upholding constitutionalism and the rule of to be done.
law; that public confidence in the judicial system and in SECTION 3. Judges should take or initiate appropriate
the moral authority and integrity of the judiciary is of disciplinary measures against lawyers or court personnel
utmost importance in a modem democratic society; and, for unprofessional conduct of which the judge may have
that it is essential that judges, individually and become aware.
collectively, respect and honor judicial office as a public
trust and strive to enhance and maintain confidence in
the judicial system; CANON 3 Impartiality
WHEREAS, the adoption of the universal declaration of
Impartiality is essential to the proper discharge of the
standards for ethical conduct of judges embodied in the
judicial office. It applies not only to the decision itself but
Bangalore Draft as revised at the Round Table Conference
also to the process by which the decision to made.
of Chief Justices at The Hague is imperative not only to
update and correlate the Code of Judicial Conduct and SECTION 1. Judges shall perform their judicial duties
the Canons of Judicial Ethics adopted for the Philippines, without favor, bias or prejudice.
but also to stress the Philippines' solidarity with the SECTION 2. Judges shall ensure that his or her conduct,
universal clamor for a universal code of judicial ethics. both in and out of court, maintains and enhances the
NOW, THEREFORE, the Court hereby adopts this New confidence of the public, the legal profession and
Code of Judicial Conduct for the Philippine Judiciary. litigants in the impartiality of the judge and of the
judiciary.
SECTION 3. Judges shall, so far as is reasonable, so
CANON 1 Independence conduct themselves as to minimize the occasions on
Judicial independence is a prerequisite to the rule of law which it will be necessary for them to be disqualified
and a fundamental guarantee of a fair trial. A judge shall from hearing or deciding cases.
therefore uphold and exemplify judicial independence in SECTION 4. Judges shall not knowingly, while a
both its individual and institutional aspects. proceeding is before, or could come before, them make
SECTION 1. Judges shall exercise the judicial function any comment that might reasonably be expected to
independently on the basis of their assessment of the affect the outcome of such proceeding or impair the
facts and in accordance with a conscientious manifest fairness of the process. Nor shall judges make
understanding of the law, free of any extraneous any comment in public or otherwise that might affect the
influence, inducement, pressure, threat or interference, fair trial of any person or issue.
direct or indirect, from any quarter or for any reason. SECTION 5. Judges shall disqualify themselves from
SECTION 2. In performing judicial duties, Judges shall be participating in any proceedings in which they are unable
independent from judicial colleagues in respect of to decide the matter impartially or in which it may appear
decisions which the judge is obliged to make to a reasonable observer that they are unable to decide
independently. the matter impartially. Such proceedings include, but are
not limited to, instances where
SECTION 3. Judges shall refrain from influencing in any
manner the outcome of litigation or dispute pending (a) The judge has actual bias or prejudice concerning a
before another court or administrative agency. party or personal knowledge of disputed evidentiary facts
concerning the proceedings;
SECTION 4. Judges shall not allow family, social, or other
relationships to influence judicial conduct or judgment. (b) The judge previously served as a lawyer or was a
The prestige of judicial office shall not be used or lent to material witness in the matter in controversy;
advance the private interests of others, nor convey or (c) The judge, or a member of his or her family, has an
permit others to convey the impression that they are in a economic interest in the outcome of the matter in
special position to influence the judge. controversy;
SECTION 5. Judges shall not only be free from (d) The judge served as executor, administrator, guardian,
inappropriate connections with, and influence by, the trustee or lawyer in the case or matter in controversy, or a
executive and legislative branches of government, but former associate of the judge served as counsel during
must also appear to be free therefrom to a reasonable their association, or the judge or lawyer was a material
observer. witness therein;
SECTION 6. Judges shall be independent in relation to (e) The judge's ruling in a lower court is the subject of
society in general and in relation to the particular parties review;
to a dispute which he or she has to adjudicate.
(f) The judge is related by consanguinity or affinity to a
SECTION 7. Judges shall encourage and uphold party litigant within the sixth civil degree or to counsel
safeguards for the discharge of judicial duties in order to within the fourth civil degree; or
maintain and enhance the institutional and operational
independence of the judiciary. (g) The judge knows that his or her spouse or child has a
financial interest, as heir, legatee, creditor, fiduciary, or
SECTION 8. Judges shall exhibit and promote high otherwise, in the subject matter in controversy or in a
standards of judicial conduct in order to reinforce public party to the proceeding, or any other interest that could
confidence in the judiciary which is fundamental to the be substantially affected by the outcome of the
maintenance of judicial independence. proceedings;
SECTION 6. A judge disqualified as stated above may,
CANON 2 Integrity instead of withdrawing from the proceeding, disclose on
the records the basis of disqualification. If, based on such
Integrity is essential not only to the proper discharge of disclosure, the parties and lawyers independently of the
the judicial office but also to the personal demeanor of judge's participation, all agree in writing that the reason
judges. 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 to ask for, or accept, any gift, bequest, loan or favor in
the record of the proceedings. relation to anything done or to be done or omitted to be
done in connection with their duties or functions.
SECTION 15. Subject to law and to any legal requirements
CANON 4 Propriety of public disclosure, judges may receive a token gift,
Propriety and the appearance of propriety are essential to award or benefit as appropriate to the occasion on which
the performance of all the activities of a judge. it is made provided that such gift, award or benefit might
not reasonably be perceived as intended to influence the
SECTION 1. Judges shall avoid impropriety and the
judge in the performance of judicial duties or otherwise
appearance of impropriety in all of their activities.
give rise to an appearance of partiality.
SECTION 2. As a subject of constant public scrutiny,
judges must accept personal restrictions that might be
viewed as burdensome by the ordinary citizen and should CANON 5 Equality
do so freely and willingly. In particular, judges conduct
themselves in a way that is consistent with the dignity of Ensuring equality of treatment to all before the courts is
the judicial office. essential to the due performance of the judicial office.
SECTION 3. Judges shall, in their personal relations with SECTION 1. Judges shall be aware of, and understand,
individual members of the legal profession who practice diversity in society and differences arising from various
regularly in their court, avoid situations which might sources, including but not limited to race, color, sex,
reasonably give rise to the suspicion or appearance of religion, national origin, caste, disability, age, marital
favoritism or partiality. status, sexual orientation, social and economic status and
other like causes.
SECTION 4. Judges shall not participate in the
determination of a case in which any member of their SECTION 2. Judges shall not, in the performance of
family represents a litigant or is associated in any manner judicial duties, by words or conduct, manifest bias or
with the case. prejudice towards any person or group on irrelevant
grounds.
SECTION 5. Judges shall not allow the use of their
residence by a member of the legal profession to receive SECTION 3. Judges shall carry out judicial duties with
clients of the latter or of other members of the legal appropriate consideration for all persons, such as the
profession. parties, witnesses, lawyers, court staff and judicial
colleagues, without differentiation on any irrelevant
SECTION 6. Judges, like any other citizen, are entitled to ground, immaterial to the proper performance of such
freedom of expression, belief, association and assembly, duties.
but in exercising such rights, they shall always conduct
themselves in such a manner as to preserve the dignity of SECTION 4. Judges shall not knowingly permit court staff
the judicial office and the impartiality and independence or others subject to his or her influence, direction or
of the judiciary. control to differentiate between persons concerned, in a
matter before the judge on any irrelevant ground.
SECTION 7. Judges shall inform themselves about their
personal fiduciary financial interests and shall make SECTION 5. Judges shall require lawyers in proceedings
reasonable efforts to be informed about the financial before the court to refrain from manifesting, by words or
interests of members of their family. conduct, bias or prejudice based on irrelevant grounds,
except such as are legally relevant to an issue in
SECTION 8. Judges shall not use or lend the prestige of proceedings and may be the subject of legitimate
the judicial office to advance their private interests, or advocacy.
those of a member of their family or of anyone else, nor
shall they convey or permit others to convey the
impression that anyone is in a special position improperly CANON 6 Competence and Diligence
to influence them in the performance of judicial duties.
Competence and diligence are prerequisites to the due
SECTION 9. Confidential information acquired by judges performance of judicial office.
in their judicial capacity shall not be used or disclosed by
for any other purpose related to their judicial duties. SECTION 1. The judicial duties of a judge take precedence
over all other activities.
SECTION 10. Subject to the proper performance of judicial
duties, judges may: SECTION 2. Judges shall devote their professional activity
to judicial duties, which include not only the performance
(a) Write, lecture, teach and participate in activities of judicial functions and responsibilities in court and the
concerning the law, the legal system, the administration making of decisions, but also other tasks relevant to the
of justice or related matters; judicial office or the court's operations.
(b) Appear at a public hearing before an official body SECTION 3. Judges shall take reasonable steps to
concerned with matters relating to the law, the legal maintain and enhance their knowledge, skills and
system, the administration of justice or related matters; 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
(c) Engage in other activities if such activities do not available, under judicial control, to judges.
detract from the dignity of the judicial office or otherwise
interfere with the performance of judicial duties. SECTION 4. Judges shall keep themselves informed about
relevant developments of international law, including
SECTION 11. Judges shall not practice law whilst the international conventions and other instruments
holder of judicial office. establishing human rights norms.
SECTION 12. Judges may form or join associations of SECTION 5. Judges shall perform all judicial duties,
judges or participate in other organizations representing including the delivery of reserved decisions, efficiently,
the interests of judges. fairly and with reasonable promptness.
SECTION 13. Judges and members of their families shall SECTION 6. Judges shall maintain order and decorum in
neither ask for, nor accept, any gift, bequest, loan or favor all proceedings before the court and be patient, dignified
in relation to anything done or to be done or omitted to and courteous in relation to litigants, witnesses, lawyers
be done by him or her in connection with the and others with whom the judge deals in an official
performance of judicial duties. capacity. Judges shall require similar conduct of legal
SECTION 14. Judges shall not knowingly permit court staff representatives, court staff and others subject to their
or others subject to their influence, direction or authority, influence, direction or control.


SECTION 7. Judges shall not engage in conduct (a) When an order for the delivery of personal property
incompatible with the diligent discharge of judicial lying outside the province is to be complied with;
duties. (b) When an attachment of real or personal property lying
Definitions outside the province is to be made;
In this Code, unless the context otherwise permits or (c) When the action is against two or more defendants
requires, the following meanings shall be attributed to residing in different provinces; and
the words used: (d) When the place where the case has been brought is
"Court staff" includes the personal staff of the judge that specified in a contract in writing between the
including law clerks. parties, or is the place of the execution of such contract as
"Judge" means any person exercising judicial power, appears therefrom.
however designated. Writs of execution issued by inferior courts may be
"Judge's family" includes a judge's spouse, son, daughter, enforced in any part of the part of the Philippines without
son-in-law, daughter-in-law, and any other relative by any previous approval of the judge of first instance.
consanguinity or affinity within the sixth civil degree, or Criminal process may be issued by a justice of the peace
person who is a companion or employee of the judge and or other inferior court, to be served outside his province,
who lives in the judge's household. when the district judge, or in his absence the provincial
This Code, which shall hereafter be referred to as the New fiscal, shall certify that in his opinion the interest of justice
Code of Judicial Conduct for the Philippine Judiciary, require such service.
supersedes the Canons of Judicial Ethics and the Code of Section 5. Inherent powers of court. — Every court shall
Judicial Conduct heretofore applied in the Philippines to have power:
the extent that the provisions or concepts therein are (a) To preserve and enforce order in its immediate
embodied in this Code: Provided, however, that in case of presence;
deficiency or absence of specific provisions in this New
Code, the Canons of Judicial Ethics and the Code of (b) To enforce order in proceedings before it, or before a
Judicial Conduct shall be applicable in a suppletory person or persons empowered to conduct a judicial
character. investigation under its authority;
This New Code of Judicial Conduct for the Philippine (c) To compel obedience to its judgments, orders and
Judiciary shall take effect on the first day of June 2004, processes, and to the lawful orders of a judge out of court,
following its publication not later than 15 May 2004 in two in a case pending therein;
newspapers of large circulation in the Philippines to (d) To control, in furtherance of justice, the conduct of its
ensure its widest publicity. ministerial officers, and of all other persons in any
Promulgated this 27 day of April 2004. manner connected with a case before it, in every manner
appertaining thereto;
(New Code of Judicial Conduct for the Philippine
Judiciary, A.M. No. 03-05-01-SC, [April 27, 2004]) (e) To compel the attendance of persons to testify in a
case pending therein;
(f) To administer or cause to be administered oaths in a
Rules of Court case pending therein, and in all other cases where it may
be necessary in the exercise of its powers;
(g) To amend and control its process and orders so as to
RULE 135 Powers and Duties of Courts and make them conformable to law and justice;
Judicial Officers (h) To authorize a copy of a lost or destroyed pleading or
other paper to be filed and used instead of the original,
Section 1. Courts always open; justice to be promptly and and to restore, and supply deficiencies in its records and
impartially administered. — Courts of justice shall always proceedings.
be open, except on legal holidays, for the filing of any
pleading, motion or other papers, for the trial of cases, Section 6. Means to carry jurisdiction into effect. — When
hearing of motions, and for the issuance of orders or by law jurisdiction is conferred on a court or judicial
rendition of judgments. Justice shall be impartially officer, all auxiliary writs, processes and other means
administered without unnecessary delay. necessary to carry it into effect may be employed by such
court or officer; and if the procedure to be followed in the
Sec 2. Publicity of proceedings and records. — The sitting exercise of such jurisdiction is not specifically pointed out
of every court of justice shall be public, but any court may, by law or by these rules, any suitable process or mode of
in its discretion, exclude the public when the evidence to proceeding may be adopted which appears comfortable
be adduced is of such nature as to require their exclusion to the spirit of the said law or rules.
in the interest of morality or decency. The records of every
court of justice shall be public records and shall be Section 7. Trials and hearings; orders in chambers. — All
available for the inspection of any interested person, at all trials upon the merits shall be conducted in open court
proper business hours, under the supervision of the clerk and so far as convenient in a regular courtroom. All other
having custody of such records, unless the court shall, in acts or proceeding may be done or conducted by a judge
any special case, have forbidden their publicity, in the in chambers, without the attendance of the clerk or other
interest of morality or decency. court officials.
Section 3. Process of superior courts enforced Section 8. Interlocutory orders out of province. — A judge
throughout the Philippines. — Process issued from a of first instance shall have power to hear and determine,
superior court in which a case is pending to bring in a when within the district though without his province, any
defendant, or for the arrest of any accused person, or to interlocutory motion or issue after due and reasonable
execute any order or judgment of the court, may be notice to the parties. On the filing of a petition for the writ
enforced in any part of the Philippines. of habeas corpus or for release upon bail or reduction of
bail in any Court of First Instance, the hearings may be
Section 4. Process of inferior courts. — The process of had at any place in the judicial district which the judge
inferior courts shall be enforceable within the province shall deem convenient.
where the municipality or city lies. It shall not be served
outside the boundaries of the province in which they are Section 9. Signing judgments out of province. —
compromised except with the approval of the judge of Whenever a judge appointed or assigned in any province
first instance of said province, and only in the following or branch of a Court of First Instance in a province shall
cases: leave the province by transfer or assignment to another
court of equal jurisdiction, or by expiration of his



temporary assignment, without having decided a case estates of deceased persons, or to guardianship,
totally heard by him and which was argued or an trusteeships, or receiverships, and forthwith transmit
opportunity given for argument to the parties or their such reports, accounts, and evidence to the judge,
counsel, it shall be lawful for him to prepare and sign his together with his findings in relation to the same, if the
decision in said case anywhere within the Philippines. He judge shall direct him to make findings and include the
shall send the same by registered mail to the clerk of the same in his report.
court where the case was heard or argued to be filed Section 6. Clerk shall receive papers and prepare
therein as of the date when the same was received by the minutes. — The clerk of each superior court shall receive
clerk, in the same manner as if he had been present in and file all pleadings and other papers properly
court to direct the filing of the judgment. If a case has presented, endorsing on each such paper the time when
been heard only in part, the Supreme Court, upon it was filed, and shall attend all of the sessions of the
petition of any of the parties to the case and the court enter its proceedings for each day in a minute book
recommendation of the respective district judge, may to be kept by him.
also authorize the judge who has partly heard the case, if
no other judge had heard the case in part, to continue Section 7. Safekeeping of property. — The clerk shall
hearing and to decide said case notwithstanding his safely keep all records, papers, files, exhibits and public
transfer or appointment to another court of equal property committed to his charge, including the library of
jurisdiction. the court, and the seals and furniture belonging to his
office.
Section 8. General docket. — The clerk shall keep a
RULE 136 Court Record and General Duties of general docket, each page of which shall be numbered
Clerk and Stenographers and prepared for receiving all the entries in a single case,
and shall enter therein all cases, numbered consecutively
Section 1. Arms and great seal of court. — The arms and in the order in which they were received, and, under the
great seal of the Supreme Court are these: heading of each case and complete title thereof, the date
Arms — Paleways of two pieces azure and gules of each paper filed or issued, of each order or judgment
superimposed a balance or center with two tablets entered, and of each other step taken in the case so that
containing the commandments of God or on either side; by reference to a single page the history of the case may
a chief argent with three mullets or equidistant from be seen.
each other; in point of honor, avoid argent over all the sun Section 9. Judgment and entries book. — The clerk shall
rayonnant or with eight major and minor rays. keep a judgment book containing a copy of each
The great seal of the Supreme Court shall be circular in judgment rendered by the court in order of its date, and a
form, with the arms as described in the last preceding book of entries of judgments containing at length in
paragraph and a scroll argent with the following chronological order entries of all final judgments or
inscriptions: Lex Populusque, and surrounding the whole orders of the court.
a garland of laurel leaves; in or around the garland the Section 10. Execution book. — The clerk shall keep an
text "Supreme Court, Republic of the Philippines." execution book in which he or his deputy shall record at
The arms and the seal of the Court of Appeals shall be the length in chronological order each execution, and the
same as that of the Supreme Court with the only officer's return thereon, by virtue of which real property
difference that in the seal shall bear around the garland has been sold.
and text "Court of Appeals, Republic of the Philippines." Section 11. Certified copies. — The clerk shall prepare, for
The arms and the seal of the Court of First Instance shall any person demanding the same, a copy certified under
be the same as that of the Supreme Court with the only the seal of the court of any paper, record, order,
difference that in the seal shall bear around the garland judgment, or entry in his office, proper to be certified, for
and text "Court of First Instance, the name of the the fees prescribed by these rules.
province, Republic of the Philippines." Section 12. Other books and duties. — The clerk shall
Section 2. Style of process. — Process shall be under the keep such other books and perform such other duties as
seal of the court from which it issues, be stayed "Republic the court may direct.
of the Philippines, Province or City of . . . . . . . . . . . . . . . ." to be Section 13. Index; separating cases. — The general
signed by the clerk and bear date the day it actually docket, judgment book, entries book and execution book
issued. shall each be indexed in alphabetical order in the names
Section 3. Clerk's office. — The clerk's office, with the of the parties, and each of them. If the court so directs,
clerk or his deputy in attendance, shall be open during the clerk shall keep two or more of either or all of the
business hours on all days except Sundays and legal books and dockets above mentioned, separating civil
holidays. The clerk of the Supreme Court and that of the from criminal cases, or actions from special proceedings,
Court of Appeals shall keep office at Manila and all papers or otherwise keeping cases separated by classes as the
authorized or required to be filed therein shall be filed at court shall deem best.
Manila. Section 14. Taking of record from the clerk's office. — No
Section 4. Issuance by clerk of process. — The clerk of a record shall be taken from the clerk's office without an
superior court shall issue under the seal of the court all order of the court except as otherwise provided by these
ordinary writs and process incident to pending cases, the rules. However, the Solicitor General or any of his
issuance of which does not involve the exercise of assistants, the provincial fiscal or his deputy, the attorneys
functions appertaining to the court or judge only; and de oficio shall be permitted, proper receipt, to withdraw
may, under the direction of the court or judge, make out from the clerk's office the record of any cases in which
and sign letters of administration, appointments of they are interested.
guardians, trustees, and receivers, and all writs and Section 15. Unprinted papers. — All unprinted
process issuing from the court. documents presented to the superior courts of the
Section 5. Duties of the clerk in the absence or by Philippines shall be written on paper of good quality
direction of the judge. — In the absence of the judge, the twelve and three inches in length by eight and one-half
clerk may perform all the duties of the judge in receiving inches in width, leaving a margin at the top and the
applications, petitions, inventories, reports, and the left-hand side not less than one inch and one-half in
issuance of all orders and notices that follows as a matter width. Papel catalan, of the first and second classes, legal
of course under these rules, and may also, when directed cap, and typewriting paper of such weight as not to
so to do by the judge, receive the accounts of executors, permit the writing of more than one original and two
administrators, guardians, trustees, and receivers, and all carbons at one time, will be accepted, provided that such
evidence relating to them, or to the settlement of the papers is of the required size and of good quality.


Documents written with ink shall not be of more than municipality (or city) of . . . . . . . . . . . ., in the province of . . . . .
twenty-five lines to one page. Typewritten documents . . . . . . . . . Republic, of the Philippines.
shall be written double spaced. One side only of the page Witness my signature,
will be written upon, and the different sheets will be sewn
together, firmly, by five stitches in the left -hand border in
order to facilitate the formation of the expediente, and
they must not be doubled.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 16. Printed papers. — All papers require by these
rules to be printed shall be printed with blank ink on Justice of Peace (or Municipal Judge)
unglazed paper, with pages six inches in width by nine
inches in length, in pamphlet form. The type used shall
not be smaller than twelve point. The paper used shall be RULE 137 Disqualification of Judicial Officers
of sufficient weight to prevent the printing on one side Section 1. Disqualification of judges. — No judge or
from being visible upon the other. judicial officer shall sit in any case in which he, or his wife
Section 17. Stenographer. — It shall be the duty of the or child, is pecuniarily interested as heir, legatee, creditor
stenographer who has attended a session of a court or otherwise, or in which he is related to either party
either in the morning or in the afternoon, to deliver to the within the sixth degree of consanguinity or affinity, or to
clerk of court, immediately at the close of such morning counsel within the fourth degree, computed according to
or afternoon session, all the notes he has taken, to be the rules of the civil law, or in which he has been executor,
attached to the record of the case; and it shall likewise be administrator, guardian, trustee or counsel, or in which he
the duty of the clerk to demand that the stenographer has been presided in any inferior court when his ruling or
comply with said duty. The clerk of court shall stamp the decision is the subject of review, without the written
date on which such notes are received by him. When consent of all parties in interest, signed by them and
such notes are transcribed the transcript shall be entered upon the record.
delivered to the clerk, duly initiated on each page thereof, A judge may, in the exercise of his sound discretion,
to be attached to the record of the case. disqualify himself from sitting in a case, for just or valid
Whenever requested by a party, any statement made by reasons other than those mentioned above.
a judge of first instance, or by a commissioner, with Section 2. Objection that judge disqualified, how made
reference to a case being tried by him, or to any of the and effect. — If it be claimed that an official is disqualified
parties thereto, or to any witness or attorney, during the from sitting as above provided, the party objecting to his
hearing of such case, shall be made of record in the competency may, in writing, file with the official his
stenographic notes. objection, stating the grounds therefor, and the official
Section 18. Docket and other records of interior courts. — shall thereupon proceed with the trial, or withdraw
Every justice of the peace and municipal judge shall keep therefrom, in accordance with his determination of the
a well-bound book labeled "docket" in which he shall question of his disqualification. His decision shall be
enter for each case: forthwith made in writing and filed with the other papers
in the case, but no appeal or stay shall be allowed from, or
(a) The title of the case including the names of all the by reason of, his decision in favor of his own competency,
parties; until after final judgment in the case.
(b) The nature of the case, whether civil or criminal, and if
the latter, the offense charged;
(c) The date of issuing preliminary and intermediate
RULE 138 Attorneys and Admission to Bar
process including orders of arrest and subpoenas, and the Section 1. Who may practice law. — Any person
date and nature of the return thereon; heretofore duly admitted as a member of the bar, or
(d) The date of the appearance or default of the hereafter admitted as such in accordance with the
defendant; provisions of this rule, and who is in good and regular
standing, is entitled to practice law.
(e) The date of presenting the plea, answer, or motion to
quash, and the nature of the same; Section 2. Requirements for all applicants for admission
to the bar. — Every applicant for admission as a member
(f) The minutes of the trial, including the date thereof and of the bar must be a citizen of the Philippines, at least
of all adjournments; twenty-one years of age, of good moral character, and
(g) The names and addresses of all witnesses; resident of the Philippines; and must produce before the
Supreme Court satisfactory evidence of good moral
(h) The date and nature of the judgment, and, in a civil character, and that no charges against him, involving
case, the relief granted; moral turpitude, have been filed or are pending in any
(i) An itemized statement of the coast; court in the Philippines.
(j) The date of any execution issued, and the date and Section 3. Requirements for lawyers who are citizens of
contents of the return thereon; the United States of America. — Citizens of the United
States of America who, before July 4, 1946, were duly
(k) The date of any notice of appeal filed, and the name of licensed members of the Philippine Bar, in active practice
the party filing the same. in the courts of the Philippines and in good and regular
A justice of the peace or municipal judge may keep two standing as such may, upon satisfactory proof of those
dockets, one for civil and one for criminal cases. He shall facts before the Supreme Court, be allowed to continue
also keep all the pleadings and other papers and exhibits such practice after taking the following oath of office:
in cases pending in his court, and shall certify copies of I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to
his docket entries and other records proper to be continue in the practice of law in the Philippines, do
certified, for the fees prescribed by these rules. It shall be solemnly swear that I recognize the supreme authority of
necessary for the justice of peace or municipal judge to the Republic of the Philippines; I will support its
reduce writing the testimony of witnesses, except that of Constitution and obey the laws as well as the legal orders
the accused in preliminary investigations. of the duly constituted authorities therein; I will do no
Section 19. Entry on docket of interior courts. — Each falsehood, nor consent to the doing of any in court; I will
justice of the peace or municipal judge shall, at the not wittingly or willingly promote or sue any groundless,
beginning and in from of all his entries in his docket, false or unlawful suit, nor give aid nor consent to the
make and subscribe substantially the following entry: same; I will delay no man for money or malice, and will
A docket of proceedings in cases before . . . . . . . . . . . . . . . . . . . conduct myself as a lawyer according to the best of may
. . . .; justice of the peace) or municipal judge) of the knowledge and discretion with all good fidelity as well as


to the courts as to my clients; and I impose upon myself rooms. The questions shall be the same for all examinees
this voluntary obligation without any mental reservation and a copy thereof, in English or Spanish, shall be given to
or purpose of evasion. So help me God. each examinee. Examinees shall answer the questions
Section 4. Requirements for applicants from other personally without help from anyone.
jurisdictions. — Applicants for admission who, being Upon verified application made by an examinee stating
Filipino citizens, are enrolled attorneys in good standing that his penmanship is so poor that it will be difficult to
in the Supreme Court of the United States or in any read his answers without much loss of time., the Supreme
circuit court of appeals or district court therein, or in the Court may allow such examinee to use a typewriter in
highest court of any State or Territory of the United answering the questions. Only noiseless typewriters shall
States, and who can show by satisfactory certificates that be allowed to be used.
they have practiced at least five years in any of said The committee of bar examiner shall take such
courts, that such practice began before July 4, 1946, and precautions as are necessary to prevent the substitution
that they have never been suspended or disbarred, may, of papers or commission of other frauds. Examinees shall
in the discretion of the Court, be admitted without not place their names on the examination papers. No oral
examination. examination shall be given.
Section 5. Additional requirements for other applicants. Section 11. Annual examination. — Examinations for
— All applicants for admission other than those referred admission to the bar of the Philippines shall take place
to in the two preceding section shall, before being annually in the City of Manila. They shall be held in four
admitted to the examination, satisfactorily show that they days to be designated by the chairman of the committee
have regularly studied law for four years, and successfully on bar examiners. The subjects shall be distributed as
completed all prescribed courses, in a law school or follows: First day: Political and International Law
university, officially approved and recognized by the (morning) and Labor and Social Legislation (afternoon);
Secretary of Education. The affidavit of the candidate, Second day: Civil Law (morning) and Taxation (afternoon);
accompanied by a certificate from the university or Third day: Mercantile Law (morning) and Criminal Law
school of law, shall be filed as evidence of such facts, and (afternoon); Fourth day: Remedial Law (morning) and
further evidence may be required by the court. legal Ethics and Practical Exercises (afternoon).
No applicant shall be admitted to the bar examinations Section 12. Committee of examiners. — Examinations
unless he has satisfactorily completed the following shall be conducted by a committee of bar examiners to
courses in a law school or university duly recognized by be appointed by the Supreme Court. This committee shall
the government: civil law, commercial law, remedial law, be composed of a Justice of the Supreme Court, who
criminal law, public and private international law, political shall act as chairman, and who shall be designated by the
law, labor and social legislation, medical jurisprudence, court to serve for one year, and eight members of the bar
taxation and legal ethics. of the Philippines, who shall hold office for a period of one
Section 6. Pre-Law. — No applicant for admission to the year. The names of the members of this committee shall
bar examination shall be admitted unless he presents a be published in each volume of the official reports.
certificate that he has satisfied the Secretary of Section 13. Disciplinary measures. — No candidate shall
Education that, before he began the study of law, he had endeavor to influence any member of the committee,
pursued and satisfactorily completed in an authorized and during examination the candidates shall not
and recognized university or college, requiring for communicate with each other nor shall they give or
admission thereto the completion of a four-year high receive any assistance. The candidate who violates this
school course, the course of study prescribed therein for a provisions, or any other provision of this rule, shall be
bachelor's degree in arts or sciences with any of the barred from the examination, and the same to count as a
following subjects as major or field of concentration: failure against him, and further disciplinary action,
political science, logic, english, spanish, history and including permanent disqualification, may be taken in
economics. the discretion of the court.
Section 7. Time for filing proof of qualifications. — All Section 14. Passing average. — In order that a candidate
applicants for admission shall file with the clerk of the may be deemed to have passed his examinations
Supreme Court the evidence required by section 2 of this successfully, he must have obtained a general average of
rule at least fifteen (15) days before the beginning of the 75 per cent in all subjects, without falling below 50 per
examination. If not embraced within section 3 and 4 of cent in any subjects. In determining the average, the
this rule they shall also file within the same period the subjects in the examination shall be given the following
affidavit and certificate required by section 5, and if relative weights: Civil Law, 15 per cent; Labor and Social
embraced within sections 3 and 4 they shall exhibit a Legislation, 10 per cent; Mercantile Law, 15 per cent;
license evidencing the fact of their admission to practice, Criminal Law; 10 per cent: Political and International Law,
satisfactory evidence that the same has not been 15 percent; Taxation, 10 percent; Remedial Law, 20 per
revoked, and certificates as to their professional standing. cent; Legal Ethics and Practical Exercises, 5 per cent.
Applicants shall also file at the same time their own
affidavits as to their age, residence, and citizenship. Section 15. Report of the committee; filing of
examination papers. — Not later than February 15th after
Section 8. Notice of Applications. — Notice of the examination, or as soon thereafter as may be
applications for admission shall be published by the clerk practicable, the committee shall file its report on the
of the Supreme Court in newspapers published in result of such examination. The examination papers and
Pilipino, English and Spanish, for at least ten (10) days notes of the committee shall be filed with the clerk and
before the beginning of the examination. may there be examined by the parties in interest, after
Section 9. Examination; subjects. — Applicants, not the court has approved the report.
otherwise provided for in sections 3 and 4 of this rule, Section 16. Failing candidates to take review course. —
shall be subjected to examinations in the following Candidates who have failed the bar examinations for
subjects: Civil Law; Labor and Social Legislation; three times shall be disqualified from taking another
Mercantile Law; Criminal Law; Political Law examination unless they show the satisfaction of the
(Constitutional Law, Public Corporations, and Public court that they have enrolled in and passed regular fourth
Officers); International Law (Private and Public); Taxation; year review classes as well as attended a pre-bar review
Remedial Law (Civil Procedure, Criminal Procedure, and course in a recognized law school.
Evidence); Legal Ethics and Practical Exercises (in
Pleadings and Conveyancing). The professors of the individual review subjects attended
by the candidates under this rule shall certify under oath
Section 10. Bar examination, by questions and answers, that the candidates have regularly attended classes and
and in writing. — Persons taking the examination shall passed the subjects under the same conditions as
not bring papers, books or notes into the examination


ordinary students and the ratings obtained by them in Section 23. Authority of attorneys to bind clients. —
the particular subject. Attorneys have authority to bind their clients in any case
Section 17. Admission and oath of successful applicants. by any agreement in relation thereto made in writing,
— An applicant who has passed the required and in taking appeals, and in all matters of ordinary
examination, or has been otherwise found to be entitled judicial procedure. But they cannot, without special
to admission to the bar, shall take and subscribe before authority, compromise their client's litigation, or receive
the Supreme Court the corresponding oath of office. anything in discharge of a client's claim but the full
amount in cash.
Section 18. Certificate. — The supreme Court shall
thereupon admit the applicant as a member of the bar Section 24. Compensation of attorneys; agreement as to
for all the courts of the Philippines, and shall direct an fees. — An attorney shall be entitled to have and recover
order to be entered to that effect upon its records, and from his client no more than a reasonable compensation
that a certificate of such record be given to him by the for his services, with a view to the importance of the
clerk of court, which certificate shall be his authority to subject matter of the controversy, the extent of the
practice. services rendered, and the professional standing of the
attorney. No court shall be bound by the opinion of
Section 19. Attorney's roll. — The clerk of the Supreme attorneys as expert witnesses as to the proper
Court shall kept a roll of all attorneys admitted to practice, compensation, but may disregard such testimony and
which roll shall be signed by the person admitted when base its conclusion on its own professional knowledge. A
he receives his certificate. written contract for services shall control the amount to
Section 20. Duties of attorneys. — It is the duty of an be paid therefor unless found by the court to be
attorney: unconscionable or unreasonable.
(a) To maintain allegiance to the Republic of the Section 25. Unlawful retention of client's funds;
Philippines and to support the Constitution and obey the contempt. — When an attorney unjustly retains in his
laws of the Philippines. hands money of his client after it has been demanded, he
may be punished for contempt as an officer of the Court
(b) To observe and maintain the respect due to the courts who has misbehaved in his official transactions; but
of justice and judicial officers; proceedings under this section shall not be a bar to a
(c) To counsel or maintain such actions or proceedings criminal prosecution.
only as appear to him to be just, and such defenses only Section 26. Change of attorneys. — An attorney may
as he believes to be honestly debatable under the law. retire at any time from any action or special proceeding,
(d) To employ, for the purpose of maintaining the causes by the written consent of his client filed in court. He may
confided to him, such means only as are consistent with also retire at any time from an action or special
truth and honor, and never seek to mislead the judge or proceeding, without the consent of his client, should the
any judicial officer by an artifice or false statement of fact court, on notice to the client and attorney, and on
or law; hearing, determine that he ought to be allowed to retire.
In case of substitution, the name of the attorney newly
(e) To maintain inviolate the confidence, and at every peril employed shall be entered on the docket of the court in
to himself, to preserve the secrets of his client, and to place of the former one, and written notice of the change
accept no compensation in connection with his client's shall be given to the advance party.
business except from him or with his knowledge and
approval; A client may at any time dismiss his attorney or substitute
another in his place, but if the contract between client
(f) To abstain from all offensive personality and to and attorney has been reduced to writing and the
advance no fact prejudicial to the honor or reputation of a dismissal of the attorney was without justifiable cause, he
party or witness, unless required by the justice of the shall be entitled to recover from the client the full
cause with which he is charged; compensation stipulated in the contract. However, the
(g) Not to encourage either the commencement or the attorney may, in the discretion of the court, intervene in
continuance of an action or proceeding, or delay any the case to protect his rights. For the payment of his
man's cause, from any corrupt motive or interest; compensation the attorney shall have a lien upon all
(h) Never to reject, for any consideration personal to judgments for the payment of money, and executions
himself, the cause of the defenseless or oppressed; issued in pursuance of such judgment, rendered in the
case wherein his services had been retained by the client.
(i) In the defense of a person accused of crime, by all fair
and honorable means, regardless of his personal opinion Section 27. Attorneys removed or suspended by Supreme
as to the guilt of the accused, to present every defense Court on what grounds. — A member of the bar may be
that the law permits, to the end that no person may be removed or suspended from his office as attorney by the
deprived of life or liberty, but by due process of law. Supreme Court for any deceit, malpractice, or other gross
misconduct in such office, grossly immoral conduct, or by
Section 21. Authority of attorney to appear. — an attorney reason of his conviction of a crime involving moral
is presumed to be properly authorized to represent any turpitude, or for any violation of the oath which he is
cause in which he appears, and no written power of required to take before the admission to practice, or for a
attorney is required to authorize him to appear in court wilful disobedience of any lawful order of a superior court,
for his client, but the presiding judge may, on motion of or for corruptly or willful appearing as an attorney for a
either party and on reasonable grounds therefor being party to a case without authority so to do. The practice of
shown, require any attorney who assumes the right to soliciting cases at law for the purpose of gain, either
appear in a case to produce or prove the authority under personally or through paid agents or brokers, constitutes
which he appears, and to disclose, whenever pertinent to malpractice.
any issue, the name of the person who employed him,
and may thereupon make such order as justice requires. Section 28. Suspension of attorney by the Court of
An attorneys wilfully appear in court for a person without Appeals or a Court of First Instance. — The Court of
being employed, unless by leave of the court, may be Appeals or a Court of First Instance may suspend an
punished for contempt as an officer of the court who has attorney from practice for any of the causes named in the
misbehaved in his official transactions. last preceding section, and after such suspension such
attorney shall not practice his profession until further
Section 22. Attorney who appears in lower court action of the Supreme Court in the premises.
presumed to represent client on appeal. — An attorney
who appears de parte in a case before a lower court shall Section 29. Upon suspension by the Court of Appeals or
be presumed to continue representing his client on Court of First Instance, further proceedings in Supreme
appeal, unless he files a formal petition withdrawing his Court. — Upon such suspension, the Court of Appeals or
appearance in the appellate court. the Court of First Instance shall forthwith transmit to the
Supreme Court a certified copy of the order of suspension



and a full statement of the facts upon which the same to enforce his lien and secure the payment of his just fees
was based. Upon the receipt of such certified copy and and disbursements.
statement, the Supreme Court shall make a full
investigation of the facts involved and make such order
revoking or extending the suspension, or removing the RULE 138-A Law Student Practice Rule
attorney from his office as such, as the facts warrant.
Section 1. Conditions for student practice. — A law
Section 30. Attorney to be heard before removal or student who has successfully completed his 3rd year of
suspension. — No attorney shall be removed or the regular four-year prescribed law curriculum and is
suspended from the practice of his profession, until he enrolled in a recognized law school's clinical legal
has had full opportunity upon reasonable notice to education program approved by the Supreme Court, may
answer the charges against him, to produce witnesses in appear without compensation in any civil, criminal or
his own behalf, and to be heard by himself or counsel. But administrative case before any trial court, tribunal, board
if upon reasonable notice he fails to appear and answer or officer, to represent indigent clients accepted by the
the accusation, the court may proceed to determine the legal clinic of the law school.
matter ex parte.
Section 2. Appearance. — The appearance of the law
Section 31. Attorneys for destitute litigants. — A court student authorized by this rule, shall be under the direct
may assign an attorney to render professional aid free of supervision and control of a member of the Integrated
charge to any party in a case, if upon investigation it Bar of the Philippines duly accredited by the law school.
appears that the party is destitute and unable to employ Any and all pleadings, motions, briefs, memoranda or
an attorney, and that the services of counsel are other papers to be filed, must be signed by the
necessary to secure the ends of justice and to protect the supervising attorney for and in behalf of the legal clinic.
rights of the party. It shall be the duty of the attorney so
Section 3. Privileged communications. — The Rules
assigned to render the required service, unless he is
safeguarding privileged communications between
excused therefrom by the court for sufficient cause
attorney and client shall apply to similar communications
shown.
made to or received by the law student, acting for the
Section 32. Compensation for attorneys de oficio. — legal clinic.
Subject to availability of funds as may be provided by the
Section 4. Standards of conduct and supervision. — The
law the court may, in its discretion, order an attorney
law student shall comply with the standards of
employed as counsel de oficio to be compensates in such
professional conduct governing members of the Bar.
sum as the court may fix in accordance with section 24 of
Failure of an attorney to provide adequate supervision of
this rule. Whenever such compensation is allowed, it shall
student practice may be a ground for disciplinary action.
be not less than thirty pesos (P30) in any case, nor more
(Circular No. 19, dated December 19, 1986).
than the following amounts: (1) Fifty pesos (P50) in light
felonies; (2) One hundred pesos (P100) in less grave
felonies; (3) Two hundred pesos (P200) in grave felonies
other than capital offenses; (4) Five Hundred pesos (P500)
RULE 139 Disbarment or Suspension of
in capital offenses. Attorneys
Section 33. Standing in court of person authorized to Section 1. Motion or complaint. — Proceedings for the
appear for Government. — Any official or other person removal or suspension of attorneys may be taken by the
appointed or designated in accordance with law to Supreme Court on its own motion or upon the complaint
appear for the Government of the Philippines shall have under oath of another in writing. The complaint shall set
all the rights of a duly authorized member of the bar to out distinctly, clearly, and concisely the facts complained
appear in any case in which said government has an of, supported by affidavits, if any, of persons having
interest direct or indirect. personal knowledge of the facts therein alleged and shall
Section 34. By whom litigation conducted. — In the court be accompanied with copies of such documents as may
of a justice of the peace a party may conduct his litigation substantiate said facts.
in person, with the aid of an agent or friend appointed by Section 2. Service or dismissal. — If the complaint
him for the purpose, or with the aid an attorney. In any appears to merit action, a copy thereof shall be served
other court, a party may conduct his litigation personally upon the respondent, requiring him to answer the same
or by aid of an attorney, and his appearance must be within ten (10) days from the date of service. If the
either personal or by a duly authorized member of the complaint does not merit action, or if the answer shows
bar. to the satisfaction of the Supreme Court that the
Section 35. Certain attorneys not to practice. — No judge complaint is not meritorious, the same shall be dismissed.
or other official or employee of the superior courts or of Section 3. Investigation by Solicitor General. — Upon the
the Office of the Solicitor General, shall engage in private issues raised by the complaint and answer, or upon failure
practice as a member of the bar or give professional of the respondent to answer, the case shall be referred to
advice to clients. the Solicitor General for investigation to determine if
Section 36. Amicus Curiae. — Experienced and impartial there is sufficient ground to proceed with the
attorneys may be invited by the Court to appear as amici prosecution of the respondent. In the investigation
curiae to help in the disposition of issues submitted to it. conducted by the Solicitor General, the respondent shall
be given full opportunity to defend himself, to produce
Section 37. Attorneys' liens. — An attorney shall have a witnesses in his own behalf, and to be heard by himself
lien upon the funds, documents and papers of his client and counsel. However, if upon reasonable notice, the
which have lawfully come into his possession and may respondent fails to appear, the investigation shall proceed
retain the same until his lawful fees and disbursements ex parte.
have been paid, and may apply such funds to the
satisfaction thereof. He shall also have a lien to the same Section 4. Report of the Solicitor General. — Based upon
extent upon all judgments for the payment of money, the evidence adduced at the hearing, if the Solicitor
and executions issued in pursuance of such judgments, General finds no sufficient ground to proceed against the
which he has secured in a litigation of his client, from and respondent, he shall submit a report to the Supreme
after the time when he shall have the caused a statement Court containing his findings of fact and conclusion,
of his claim of such lien to be entered upon the records of whereupon the respondent shall be exonerated unless
the court rendering such judgment, or issuing such the court orders differently.
execution, and shall have the caused written notice Section 5. Complaint of the Solicitor General. Answer of
thereof to be delivered to his client and to the adverse respondent. — If the Solicitor General finds sufficient
party; and he shall have the same right and power over ground to proceed against the respondent, he shall file
such judgments and executions as his client would have the corresponding complaint, accompanied with all the


evidence introduced in his investigation, with the (c) Greater Manila, consisting of the City of Manila and
Supreme Court, and the respondent shall be served by Quezon City;
the clerk of the Supreme Court with a copy of the (d) Southern Luzon, consisting of the provinces of
complaint with direction to answer the same within Batangas, Cavite, Laguna, Marinduque, Occidental
fifteen (15) days. Mindoro, Oriental Mindoro, Quezon, and Rizal;
Section 6. Evidence produced before Solicitor General (e) Bicolandia, consisting of the provinces of Albay,
available. — The evidence produced before the Solicitor Camarines Norte, Camarines Sur, Catanduanes, Masbate,
General in his investigation may be considered by the and Sorsogon;
Supreme Court in the final decision of the case, if the
respondent had an opportunity to object and (f) Eastern Visayas, consisting of the provinces of Bohol,
cross-examine. If in the respondent's answer no Cebu, Eastern Samar, Leyte, Northern Samar, Samar, and
statement is made as to any intention of introducing Southern Leyte;
additional evidence, the case shall be set down for (g) Western Visayas, consisting of the provinces of Aklan,
hearing, upon the filing of such answer or upon the Antique, Capiz, Iloilo, Negros Occidental, Negros Oriental,
expiration of the time to file the same. Palawan, Romblon, and Siquijor.
Section 7. Commissioner to investigate and recommend. (h) Eastern Mindanao, consisting of the provinces of
Rules of evidence. — Upon receipt of the respondent's Agusan del Norte, Agusan Del Sur, Bukidnon, Camiguin,
answer, wherein a statement is made as to his desire to Davao del Norte, Davao del Sur, Davao Oriental, Misamis
introduce additional evidence, the case shall be referred Oriental, Surigao del Norte, and Surigao del Sur; and
to a commissioner who, in the discretion of the court,
may be the clerk of the Supreme Court, a judge of first (i) Western Mindanao, consisting of the cities of Basilan
instance, or an attorney-at-law for investigation, report, and Zamboanga, and the provinces of Cotabato, Lanao
and recommendation. The Solicitor General or his del Norte, Lanao del Sur, Misamis Occidental, South
representative shall appear before the commissioner to Cotabato, Sulu, Zamboanga del Norte, and Zamboanga
conduct the prosecution. The respondent shall be given del Sur.
full opportunity to defend himself, to produce additional In the event of the creation of any new province, the
evidence in his own behalf, and to be heard by himself Board of Governors shall, with the approval of the
and counsel. However, if upon reasonable notice the Supreme Court, determine the Region to which the said
respondent fails to appear, the investigation shall proceed province shall belong.
ex parte. The rules of evidence shall be applicable to
proceedings of this nature. Section 4. Chapters. — A Chapter of the Integrated Bar
shall be organized in every province. Except as
Section 8. Report of commissioner and hearing. — Upon hereinbelow provided, every city shall be considered part
receipt of the report of the commissioner, copies of which of the province within which it is geographically situated.
shall be furnished the Solicitor General and the
respondent, the case shall be set down for hearing before A separate Chapter shall be organized in each of the
the court, following which the case shall be considered following political subdivisions or areas;
submitted to the court for its final determination. (a) The sub-province of Aurora;
Section 9. Procedure in Court of Appeals or Courts of (b) Each congressional district of the City of Manila;
First Instance. — As far as may be applicable, the (c) Quezon City;
procedure above outlined shall likewise govern the filing
and investigation of complaints against attorneys in the (d) Caloocan City, Malabon and Navotas;
Court of Appeals or in Courts of First Instance. In case of (e) Pasay City, Makati, Mandaluyong and San Juan del
suspension of the respondent, the judge of the court of Monte;
first instance or Justice of the Court of Appeals shall
forthwith transmit to the Supreme Court a certified copy (f) Cebu City; and
of the order of suspension and a full statement of the (g) Zamboanga City and Basilan City.
facts upon which same is based.
Unless he otherwise registers his preference for a
Section 10. Confidential. — Proceedings against particular Chapter, a lawyer shall be considered a
attorneys shall be private and confidential, except that member of the Chapter of the province, city, political
the final order of the court shall be made public as in subdivision or area where his office, or, in the absence
other cases coming before the court. thereof, his residence is located. In no case shall any
lawyer be a member of more than one Chapter.
RULE 139-A Integrated Bar of the Philippines Each Chapter shall have its own local government as
provided for by uniform rules to be prescribed by the
Section 1. Organization. — There is hereby organized an Board of Governors and approved by the Supreme Court,
official national body to be known as the "Integrated Bar the provisions of Section 19 of this Rule notwithstanding.
of the Philippines," composed of all persons whose names
Chapters belonging to the same Region may hold
now appear or may hereafter be included in the Roll of
regional conventions on matters and problems of
Attorneys of the Supreme Court.
common concern.
Section 2. Purposes. — The fundamental purposes of the
Section 5. House of Delegates. — The Integrated Bar shall
Integrated Bar shall be to elevate the standards of the
have a House of Delegates of not more than one hundred
legal profession, improve the administration of justice,
twenty members who shall be apportioned among all the
and enable the Bar to discharge its public responsibility
Chapters as nearly as may be according to the number of
more effectively.
their respective members, but each Chapter shall have at
Section 3. Regions. — The Philippines is hereby divided least one Delegate. On or before December 31, 1974, and
into nine Regions of the Integrated Bar, to wit: every four years thereafter, the Board of Governors shall
(a) Northern Luzon, consisting of the provinces of Abra, make an apportionment of Delegates.
Batanes, Benguet, Cagayan, Ifugao, Ilocos Norte, Ilocos The term of the office of Delegate shall begin on the date
Sur, Isabela, Kalinga-Apayao, La Union, Mountain of the opening of the annual convention of the House
Province, Nueva Vizcaya, and Quirino. and shall end on the day immediately preceding the date
(b) Central Luzon, consisting of the provinces of Bataan, of the opening of the next succeeding annual convention.
Bulacan, Nueva Ecija, Pampanga, Pangasinan, Tarlac, and No person may be a Delegate for more than two terms.
Zambales; The House shall hold an annual convention at the call of
the Board of Governors at any time during the month of
April of each year for the election of Governor, the reading


and discussion of reports including the annual report of President to hold office until the next succeeding election
the Board of Governors, the transaction of such other or during the period of disability.
business as may be referred to it by the Board, and the The filling of vacancies in the House of Delegates, Board
consideration of such additional matters as may be of Governors, and all other positions of Officers of the
requested in writing by at least twenty Delegates. Special Integrated Bar shall be as provided in the By-Laws.
conventions of the House may be called by the Board of Whenever the term of an office or position is for a fixed
Governors to consider only such matters as the Board period, the person chosen to fill a vacancy therein shall
shall indicate. A majority of the Delegates who have serve only for the unexpired term.
registered for a convention, whether annual or special,
shall constitute a quorum to do business. Section 9. Membership dues. — Every member of the
Integrated Bar shall pay such annual dues as the Board of
Section 6. Board of Governors. — The Integrated Bar shall Governors shall determine with the approval of the
be governed by a Board of Governors. Nine Governors Supreme Court. A fixed sum equivalent to ten percent
shall be elected by the House of Delegates from the nine (10%) of the collection from each Chapter shall be set
Regions on the representation basis of one Governor aside as a Welfare Fund for disabled members of the
from each Region. Each Governor shall be chosen from a Chapter and the compulsory heirs of deceased members
list of nominees submitted by the Delegates from the thereof.
Region, provided that not more than one nominee shall
come from any Chapter. The President and the Executive Section 10. Effect of non-payment of dues. — Subject to
Vice President, if chosen by the Governors from outside of the provisions of Section 12 of this Rule, default in the
themselves as provided in Section 7 of this Rule, shall ipso payment of annual dues for six months shall warrant
facto become members of the Board. suspension of membership in the Integrated Bar, and
default in such payment for one year shall be a ground for
The members of the Board shall hold office for a term of the removal of the name of the delinquent member from
one year from the date of their election and until their the Roll of Attorneys.
successors shall have been duly elected and qualified. No
person may be a Governor for more than two terms. Section 11. Voluntary termination of membership;
reinstatement. — A member may terminate his
The Board shall meet regularly once every three months, membership by filing a written notice to that effect with
on such date and such time and place as it shall the Secretary of the Integrated Bar, who shall
designate. A majority of all the members of the Board immediately bring the matter to the attention of the
shall constitute a quorum to do business. Special Supreme Court. Forthwith he shall cease to be a member
meetings may be called by the President or by five and his name shall be stricken by the Court from the Roll
members of the Board. of Attorneys. Reinstatement may be made by the Court in
Subject to the approval of the Supreme Court, the Board accordance with rules and regulations prescribed by the
shall adopt By-Laws and promulgate Canons of Board of Governors and approved by the Court.
Professional Responsibility for all members of the Section 12. Grievance procedures. — The Board of
Integrated Bar. The By-Laws and the Canons may be Governors shall provide in the By-Laws for grievance
amended by the Supreme Court motu propio or upon the procedures for the enforcement and maintenance of
recommendation of the Board of Governors. discipline among all the members of the Integrated Bar,
The Board shall prescribe such other rules and but no action involving the suspension or disbarment of a
regulations as may be necessary and proper to carry out member or the removal of his name from the Roll of
the purposes of the Integrated Bar as well as the Attorneys shall be effective without the final approval of
provisions of this Rule. the Supreme Court.
Section 7. Officers. — The Integrated Bar shall have a Section 13. Non-political Bar. — The Integrated Bar shall
President and an Executive Vice President who shall be be strictly non-political, and every activity tending to
chosen by the Governors immediately after the latter's impair this basic feature is strictly prohibited and shall be
election, either from among themselves or from other penalized accordingly. No lawyer holding an elective,
members of the Integrated Bar, by the vote of at least five judicial, quasi-judicial, or prosecutory office in the
Governors. Each of the regional members of the Board Government or any political subdivision or
shall be ex officio Vice President for the Region which he instrumentality thereof shall be eligible for election of
represents. appointment to any position in the Integrated Bar or any
The President and the Executive Vice President shall hold Chapter thereof shall be considered ipso facto resigned
office for a term of one year from the date of their from his position as of the moment he files his certificate
election and until their successors shall have duly of candidacy for any elective public office or accepts
qualified. The Executive Vice President shall automatically appointment to any judicial, quasi-judicial, or prosecutory
become the President for the next succeeding full term. office in the Government or any political subdivision or
The Presidency shall rotate from year to year among all instrumentality thereof.
the nine Regions in such order or rotation as the Board of Section 14. Positions honorary. — Except as may be
Governors shall prescribe. No person shall be President or specifically authorized or allowed by the Supreme Court,
Executive Vice President of the Integrated Bar for more no Delegate or Governor and no national or local Officer
than one term. or committee member shall receive any compensation,
The Integrated Bar shall have a Secretary, a Treasurer, and allowance or emolument from the funds of the
such other officers and employees as may be required by Integrated Bar for any service rendered therein or be
the Board of Governors, to be appointed by the President entitled to reimbursement for any expense incurred in
with the consent of the Board, and to hold office at the the discharge of his functions.
pleasure of the Board or for such terms as it may fix. Said Section 15. Fiscal matters. — The Board of Governors shall
officers and employees need not be members of the administer the funds of the Integrated Bar and shall have
Integrated Bar. the power to make appropriations and disbursements
Section 8. Vacancies. — In the event the President is therefrom. It shall cause proper Books of Accounts to be
absent or unable to act, his duties shall be performed by kept and Financial Statements to be rendered and shall
the Executive Vice President; and in the event of the see to it that the proper audit is made of all accounts of
death, resignation, or removal of the President, the the Integrated Bar and all the Chapters thereof.
Executive Vice President shall serve as Acting President Section 16. Journal. — The Board of Governors shall cause
during the remainder of the term of the office thus to be published a quarterly Journal of the Integrated Bar,
vacated. In the event of the death, resignation, removal, or free copies of which shall be distributed to every member
disability of both the President and the Executive Vice of the Integrated Bar.
President, the Board of Governors shall elect an Acting


Section 17. Voluntary Bar associations. — All voluntary interest, personal bias, or his having acted as counsel to
Bar associations now existing or which may hereafter be his acting as such Investigator. Where the Investigator
formed may co-exist with the Integrated Bar but shall not does not disqualify himself, a party may appeal to the IBP
operate at cross-purposes therewith. Board of Governors, which by majority vote of the
Section 18. Amendments. — This Rule may be amended members present, there being a quorum, may order his
by the Supreme Court motu propio or upon the disqualification.
recommendation of the Board of Governors or any Any Investigator may also be removed for cause, after due
Chapter of the Integrated Bar. hearing, by the vote of at least six (6) members of the IBP
Section 19. Organizational period. — The Commission on Board of Governors. The decision of the Board of
Bar Integration shall organize the local Chapters and Governors in all cases of disqualification or removal shall
toward this end shall secure the assistance of the be final.
Department of Justice and of all Judges throughout the Section 3. Duties of the National Grievance Investigator.
Philippines. All Chapter organizational meetings shall be — The National Grievance Investigators shall investigate
held on Saturday, February 17, 1973. In every case, the all complaints against members of the Integrated Bar
Commission shall cause proper notice of the date, time referred to them by the IBP Board of Governors.
and place of the meeting called to organize a Chapter Section 4. Chapter assistance to complainant. — The
shall constitute a quorum for the purpose, including the proper IBP Chapter may assist the complainant(s) in the
election of a President, a Vice President, a Secretary, a preparation and filing of his complaint(s).
Treasurer, and five Directors.
Section 5. Service or dismissal. — If the complaint
The Commission shall initially fix the number of appears to be meritorious, the Investigator shall direct
Delegates and apportion the same among all the that a copy thereof be served upon the respondent,
Chapters as nearly as may be in proportion to the number requiring him to answer the same within fifteen (15) days
of their respective members, but each Chapter shall have from the date of service. If the complaint does not merit
at least one Delegate. The President of each Chapter shall action, or if the answer shows to the satisfaction of the
concurrently be its Delegate to the House of Delegates. Investigator that the complaint is not meritorious, the
The Vice President shall be his alternate, except where same may be dismissed by the Board of Governors upon
the Chapter is entitled to have more than one Delegate, his recommendation. A copy of the resolution of dismissal
in which case the Vice President shall also be a Delegate. shall be furnished the complainant and the Supreme
The Board of Directors of the Chapter shall in proper Court which may review the case motu propio or upon
cases elect additional as well as alternate Delegates. timely appeal of the complainant filed within 15 days
The House of Delegates shall convene in the City of from notice of the dismissal of the complainant.
Manila on Saturday, March 17, 1973 for the Purpose of No investigation shall be interrupted or terminated by
electing a Board of Governors. The Governors shall reason of the desistance, settlement, compromise,
immediately assume office and forthwith meet to elect restitution, withdrawal of the charges, or failure of the
the Officers of the Integrated Bar. The Officers so chosen complainant to prosecute the same, unless the Supreme
shall immediately assume their respective positions. Court motu propio or upon recommendation of the IBP
Section 20. Effectivity. — This Rule shall take effect on Board of Governors, determines that there is no
January 16, 1973. compelling reason to continue with the disbarment or
suspension proceedings against the respondent.
(Amendment pursuant to Supreme Court Resolution
RULE 139-B Disbarment and Discipline of dated May 27, 1993 re Bar Matter 356).
Attorneys Section 6. Verification and service of answer. — The

answer shall be verified. The original and five (5) legible
Section 1. How Instituted. — Proceedings for the copies of the answer shall be filed with the Investigator,
disbarment, suspension, or discipline of attorneys may be with proof of service of a copy thereof on the complainant
taken by the Supreme Court motu propio, or by the or his counsel.
Integrated Bar of the Philippines (IBP) upon the verified
Section 7. Administrative counsel. — The IBP Board of
complaint of any person. The complaint shall state clearly
Governors shall appoint a suitable member of the
and concisely the facts complained of and shall be
Integrated Bar as counsel to assist the complainant of the
supported by affidavits of persons having personal
respondent during the investigation in case of need for
knowledge of the facts therein alleged and/or by such
such assistance.
documents as may substantiate said facts.
Section 8. Investigation. — Upon joinder of issues or
The IBP Board of Governors may, motu propio or upon
upon failure of the respondent to answer, the Investigator
referral by the Supreme Court or by a Chapter Board of
shall, with deliberate speed, proceed with the
Officers, or at the instance of any person, initiate and
investigation of the case. He shall have the power to issue
prosecute proper charges against erring attorneys
subpoenas and administer oaths. The respondent shall be
including those in the government service.
given full opportunity to defend himself, to present
Six (6) copies of the verified complaint shall be filed with witnesses on his behalf, and be heard by himself and
the Secretary of the IBP or the Secretary of any of its counsel. However, if upon reasonable notice, the
chapter who shall forthwith transmit the same to the IBP respondent fails to appear, the investigation shall proceed
Board of Governors for assignment to an investigator. ex parte.
The Investigator shall terminate the investigation within
A. PROCEEDINGS IN THE INTEGRATED BAR OF THE three (3) months from the date of its commencement,
PHILIPPINES unless extended for good cause by the Board of
Governors upon prior application.
Section 2. National Grievance Investigators. — The Board
of Governors shall appoint from among IBP members an Willful failure or refusal to obey a subpoena or any other
Investigator or, when special circumstances so warrant, a lawful order issued by the Investigator shall be dealt with
panel of three (3) investigators to investigate the as for indirect contempt of court. The corresponding
complaint. All Investigators shall take an oath of office in charge shall be filed by the Investigator before the IBP
the form prescribed by the Board of Governors. A copy of Board of Governors which shall require the alleged
the Investigator's appointment and oath shall be contemnor to show cause within ten (10) days from
transmitted to the Supreme Court. notice. The IBP Board of Governors may thereafter
conduct hearings, if necessary, in accordance with the
An Investigator may be disqualified by reason of procedure set forth in this Rule for hearings before the
relationship within the fourth degree of consanguinity of Investigator. Such hearing shall as far as practicable be
affinity to any of the parties of their counsel, pecuniary



terminated within fifteen (15) days from its

commencement. Thereafter, the IBP Board of Governors B. PROCEEDINGS IN THE SUPREME COURT
shall within a like period of fifteen (15) days issue a
resolution setting forth its findings and Section 13. Supreme Court Investigation. — In
recommendations, which shall forthwith be transmitted proceedings initiated motu propio by the Supreme Court
to the Supreme Court for final action and if warranted, or in other proceedings when the interest of justice so
the imposition of penalty. requires, the Supreme Court may refer the case for
investigation to the Solicitor-General or to any officer of
Section 9. Depositions. — Depositions may be taken in the Supreme Court or judge of a lower court, in which
accordance with the Rules of Court with leave of the case the investigation shall proceed in the same manner
investigator(s). provided in sections 6 to 11 hereof, save that the review of
Within the Philippines, depositions may be taken before the report of investigation shall be conducted directly by
any member of the Board of Governors, the President of the Supreme Court.
any Chapter, or any officer authorized by law to Section 14. Report of the Solicitor General of other
administer oaths. Court-designated Investigator. — Based upon the
Depositions may be taken outside the Philippines before evidence adduced at the investigation, the Solicitor
diplomatic or consular representative of the Philippine General or other Investigator designated by the Supreme
Government or before any person agreed upon by the Court shall submit to the Supreme Court a report
parties or designated by the Board of Governors. containing his findings of fact and recommendations for
the final action of the Supreme Court.
Any suitable member of the Integrated Bar in the place
where a deposition shall be taken may be designated by
the Investigator to assist the complainant or the C. COMMON PROVISIONS
respondent in taking a deposition. Section 15. Suspension of attorney by Supreme Court. —
Section 10. Report of Investigator. — Not later than thirty After receipt of respondent's answer or lapse of the period
(30) days from the termination of the investigation, the therefor, the Supreme Court, motu propio, or at the
Investigator shall submit a report containing his findings instance of the IBP Board of Governors upon the
of fact and recommendations to the IBP Board of recommendation of the Investigator, may suspend an
Governors, together with the stenographic notes and the attorney from the practice of his profession for any of the
transcript thereof, and all the evidence presented during causes specified in Rule 138, Section 27, during the
the investigation. The submission of the report need not pendency of the investigation until such suspension is
await the transcription of the stenographic notes, it being lifted by the Supreme Court.
sufficient that the report reproduce substantially from Section 16. Suspension of attorney by the Court of
the Investigator's personal notes any relevant and Appeals or a Regional Trial Court. 1 — The Court of
pertinent testimonies. Appeals or Regional Trial Court may suspend an attorney
Section 11. Defects. — No defect in a complaint, notice, from practice for any of the causes named in Rule 138,
answer, or in the proceeding or the Investigator's Report Section 27 2, until further action of the Supreme Court in
shall be considered as substantial unless the Board of the case.
Governors, upon considering the whole record, finds that Section 17. Upon suspension by Court of Appeals or
such defect has resulted or may result in a miscarriage of Regional Trial Court, further proceedings in Supreme
justice, in which event the Board shall take such remedial Court. — Upon such suspension, the Court of Appeals or a
action as the circumstances may warrant, including Regional Trial Court shall forthwith transmit to the
invalidation of the entire proceedings. Supreme Court a certified copy of the order of suspension
Section 12. Review and decision by the Board of and a full statement of the facts upon which the same
Governors. was based. Upon receipt of such certified copy and
a) Every case heard by an investigator shall be reviewed statement, the Supreme Court shall make a full
by the IBP Board of Governors upon the record and investigation of the case and may revoke, shorten or
evidence transmitted to it by the Investigator with his extend the suspension, or disbar the attorney as the facts
report. The decision of the Board upon such review shall may warrant.
be in writing and shall clearly and distinctly state the facts Section 18. Confidentiality. — Proceedings against
and the reasons on which it is based. It shall be attorneys shall be private and confidential. However, the
promulgated within a period not exceeding thirty (30) final order of the Supreme Court shall be published like
days from the next meeting of the Board following the its decisions in other cases.
submittal of the Investigator's Report. Section 19. Expenses. — All reasonable and necessary
b) If the Board, by the vote of a majority of its total expenses incurred in relation to disciplinary and
membership, determines that the respondent should be disbarment proceedings are lawful charges for which the
suspended from the practice of law or disbarred, it shall parties may be taxed as costs.
issue a resolution setting forth its findings and Section 20. Effectivity and Transitory Provision. — This
recommendations which, together with the whole record Rule shall take effect June 1, 1988 and shall supersede the
of the case, shall forthwith be transmitted to the Supreme present Rule 139 entitled "DISBARMENT OR SUSPENSION
Court for final action. OF ATTORNEYS". All cases pending investigation by the
c) If the respondent is exonerated by the Board or the Office of the Solicitor General shall be transferred to the
disciplinary sanction imposed by it is less than Integrated Bar of the Philippines Board of Governors for
suspension or disbarment (such as admonition, investigation and disposition as provided in this Rule
reprimand, or fine) it shall issue a decision exonerating except those cases where the investigation has been
respondent or imposing such sanction. The case shall be substantially completed.
deemed terminated unless upon petition of the Footnotes
complainant or other interested party filed with the
Supreme Court within fifteen (15) days from notice of the 1 This section and the following Section 17 supersede
Board's resolution, the Supreme Court orders otherwise. Section 9 of Rule 139.
d) Notice of the resolution or decision of the Board shall 2 The text of Rule 138, Section 27 reads: "SEC. 27. Attorneys
be given to all parties through their counsel. A copy of the removed or suspended by the Supreme Court on what
same shall be transmitted to the Supreme Court. grounds. — A member of the bar may be removed or
suspended from his office as attorney by the Supreme
Court for any deceit, malpractice or other gross
misconduct in such office, grossly immoral conduct, or by
reason of his conviction of a crime involving moral



turpitude, or for any violation of the oath which he is be required to post bond in such amount as prescribed
required to take before admission to practice, or for a by law. (la)
willful disobedience of any lawful order of a superior Section 4. Clerks of the Court of Appeals and of the
court, or for corruptly or willfully appearing as an attorney Supreme Court. —
for a party to a case without authority so to do. The
practice of soliciting cases at law for the purpose of gain, (a) For filing an action, proceeding, appeal by notice or
either personally or through paid agents or brokers, record on appeal when required, entering appearance of
constitutes malpractice. the parties, entering orders of the court, filing and
docketing all motions, docketing of case on all proper
dockets, and indexing the same, entering, recording and
RULE 140 Charges Against Judges of First certification of judgment and remanding of records of
the lower court, taxing the costs, administering all
Instance necessary oaths or affirmation in the action or
Section 1. Complaint - All Charges against judges of first proceeding, recording the opinion of the court, and
instance shall be in writing and shall set out distinctly, issuing all necessary process in the action or proceeding
clearly, and concisely the facts complained of as not herein otherwise provided for, each action or special
constituting the alleged serious misconduct or proceeding, five hundred (P500.00) pesos;
inefficiency of the respondent, and shall be sworn to and (b) For the performance of marriage ceremony, including
supported by affidavits of persons who have personal issuance of certificate of marriage, three hundred
knowledge of the facts therein alleged, and shall be (P300.00) pesos.
accompanied with copies of documents which may
substantiate said facts. (c) For furnishing transcripts of the record or copies of any
record, judgment, or entry of which any person is entitled
Section 2. Service or dismissal. - If the charges appear to to demand and receive a copy, for each page, four (P4.00)
merit action, a copy thereof shall be served upon the pesos;
respondent, requiring him to answer within ten (10) days
from the date service. If the charges do not merit action, (d) For each certificate not in process, thirty (P30.00)
or if the answer shows to the satisfaction of the court that pesos;
the charges are not meritorious, the same shall be (e) For every search for anything above a year's standing
dismissed. and reading the same, fifteen (P15.00) pesos;
Section 3. Answer; hearing. - Upon the filing of (f) For a commission on all money coming into his hands
respondents answer or upon the expiration of the time rules or order of the court and caring for the same, two
for its filing, the court shall assign one of its members, a and one-half (2.5%) percent on all sums not exceeding
Justice of the Court of Appeals or a judge of first instance four thousand (P4,000.00) pesos, and one and one-half
to conduct the hearing of the charges. The Justice or (1.5%) percent upon all sums in excess of four thousand
judge so assigned shall set a day for the hearing, and (P4,000.0) pesos, and one (1%) percent on all sums in
notice thereof shall be served on both parties. At such excess of forty thousand (P40,000.00) pesos. (4a)
hearing the parties may present oral or written evidence.
Section 5. Fees to be paid by the advancing party. — The
Section 4. Report - After the hearing, the Justice or judge fees of the clerk of the Court of Appeals or of the Supreme
shall file with the Supreme Court a report of his findings Court shall be paid him at the same time of the entry of
of fact and conclusions of law, accompanied by the the action or proceeding in the court by the party who
evidence presented by the parties and the other papers enters the same by appeal or otherwise, and the clerk
in the case. shall in all cases give a receipt for the same and shall
Section 5. Action - After the filing of the report, the court enter the amount received upon his book, specifying the
will take such action as the facts and the law may date when received, person from whom received, name
warrant. of action in which received and amount received. If the
fees are not paid, the court may refuse to proceed with
Section 6. Confidential. - Proceedings against judges of the action until they are paid and may dismiss the appeal
first instance shall be private and confidential. or the proceeding. (3a)
Section 6. Fees of bar candidates. —
RULE 141 Legal Fees (a) For filing the application for admission to the bar,
Section 1. Payment of fees. — Upon the filing of the whether admitted to the examination or not, one
pleading or other application which initiates an action or thousand and seven hundred fifty (P1,750.00) pesos for
proceeding, the fees prescribed therefor shall be paid in new applicants, and for repeaters, plus the additional
full. (n) amount of two hundred (P200.00) pesos multiplied by
the number of times the applicant has failed in the bar
Section 2. Fees in lien. — Where the court in its final examinations;
judgment awards a claim not alleged, or a relief different
from, or more than that claimed in the pleading, the (b) For admission to the bar, including oath taking,
party concerned shall pay the additional fees which shall signing of the roll of attorneys, the issuance of diploma of
constitute a lien on the judgment in satisfaction of said admission to the Philippine Bar, one thousand and seven
lien. The clerk of court shall assess and collect the hundred fifty (P1,750.00) pesos;
corresponding fees. (n) (c) Other Bar Fees. — For the issuance of:
Section 3. Persons authorized to collect legal fees. — 1. Certification of admission to the Philippine Bar P50.00
Except as otherwise provided in this rule, the officers and
persons hereinafter mentioned, together with their 2. Certificate of good standing (local) 50.00
assistants and deputies, may demand, receive, and take 3. Certificate of good standing (foreign) 100.00
the several fees hereinafter mentioned and allowed for 4. Verification of membership in the bar 50.00
any business by them respectively done by virtue of their
several offices, and no more. All fees so collected shall be 5. Certificate of grades in the bar examinations 50.00
forthwith remitted to the Supreme Court. The fees 6. Other certification of records at the Bar
collected shall accrue to the general fund. However, all
increases in the legal fees prescribed in amendments to Office, per page 15.00
this rule as well as new legal fees prescribed herein shall 7. A duplicate diploma of admission to the Philippine Bar
pertain to the Judiciary Development Fund as 500.00
established by law. The persons herein authorized to
collect legal fees shall be accountable officers and shall


For services in connection with the return of examination 4. P250,000.00 or more but less than P300,000.00
notebooks to examinees, a fee of thirty (P30.00) pesos 2,750.00
shall also be charged. (6a) 5. P300,000.00 or more but less than P350,000.00
Section 7. Clerks of Regional Trial Courts. — 3,000.00
(a) For filing an action or a permissive counterclaim or 6. P350,000.00 or more but not more than P400,000.00
money claim against an estate not based on judgment, 3,250.00
or for filing with leave of court a third-party, fourth-party, 7. For each P1,000.00 in excess of P400,000.00 10.00
etc., complaint, or a complaint in intervention, and for all
clerical services in the same, if the total sum claimed, If the value of the estate as definitely appraised by the
exclusive of interest, or the stated value of the property in court is more than the value declared in the application,
litigation, is: the difference of fee shall be paid: provided that a
certificate from the clerk of court that the proper fees
1. Less than P100,000.00 P500.00 have been paid shall be required prior to the closure of
2. P100,000.00 or more but less than P150,000.00 P800.00 the proceedings.
3. P150,000.00 or more but less than P200,000.00 (e) for filing petitions for naturalization or other modes of
P1,000.00 acquisition of citizenship, two thousand P2,000.00) pesos;
4. P200,000.00 or more but less that P250,000.00 (f) For filing petitions for adoption, support, annulment of
P1,500.00 marriage, legal separation and other actions or
5. P250,000.00 or more but less than P300,000.00 proceedings under the Family Code, two hundred
P1,750.00 (P200.00) pesos;
6. P300,000.00 or more but less than P350,000.00 If the proceedings involve separation of property, an
P2,000.00 additional fee corresponding to the value of the property
involved shall be collected, computed in accordance with
7. P350,000.00 or more but not more than P400,000.00 the rates for special proceedings.
P2,250.00
(g) For all other special proceedings not concerning
8. For each P1,000.00 in excess of 400,000.00 P10.00 property, two hundred (P200.00) pesos;
(b) For filing (h) For the performance of the marriage ceremony
1. Actions where the value of the subject matter cannot including issuance of certificate of marriage, three
be estimated P600.00 hundred (P300.00) pesos;
2. Special civil actions except judicial foreclosure of (i) For filing an application for commission as notary
mortgage which shall be governed by paragraph (a) public, five hundred (P500.00) pesos;
above 600.00 (j) For certified copies of any paper, record, decree,
3. All other actions not involving property 600.00 judgment, or entry thereof for each page, four (P4.00)
and fifteen (P15.00) pesos for certification;
In a real action, the assessed value of the property, or if
there is none, the estimated value thereof shall be alleged (k) For a commission on all money coming into the clerks'
by the claimant and shall be the basis in computing the hands by law, rule, order or writ of court and caring for
fees. the same, one and one-half (1.5%) per centum on all sums
not exceeding forty thousand (P40,000.00) pesos, and
(c) For filing requests for extrajudicial foreclosure of real one (1%) per centum on all sums in excess of forty
estate or chattel mortgage, if the amount of thousand (P40,000.00) pesos.
indebtedness, or the mortgagee's claim is:
(l) For any other services as clerk not provided in this
1. Less than P50,000.00 P275.00 section, one hundred and fifty (P150.00) pesos shall be
2. P50,000.00 or more but less than P100,000.00 P400.00 collected. (7a)
3. P100,000.00 or more but less than P150,000.00 P500.00 Section 8. Clerks of Courts of the First Level. —
4. P150,000.00 or more but less than P200,000.00 (a) For each civil action or proceeding, where the value of
P650.00 the subject matter involved, or the amount of the
demand, inclusive of interest, damages of whatever kind,
5. P200,000.00 or more but less than P250,000.00 attorney's fees, litigation expenses, and costs is:
P1,000.00
1. Not more than P20,000.00 P150.00
6. P250,000.00 or more but less than P300,000.00
P1,250.00 2. More than P20,000.00 but not more than P100,000.00
500.00
7. P300,000.00 or more than but less than P400,000.00
1,250.00
8. P400,000.00 or more but less than P500,000.00
1,750.00
9. P500,000.00 or more but not less than P1,000,000.00
2,500.00
10. Fore each P1,000.00 in excess of P1,000,000.00 P10.00
In a real action, other than for forcible entry and unlawful
(d) For initiating proceedings for the allowances of wills, detainer, the assessed value of the property or if not
granting letters of administration, appointment of declared for taxation purposes, the assessed value of the
guardians, trustees, and other special proceedings, the adjacent lots, or if there is none, the estimated value
fees payable shall be collected in accordance with the thereof shall be alleged by the claimant and shall be the
value of the property involved in the proceedings, which basis in computing the fees.
must be stated in the application or petition, as follows:
(b) For initiating proceedings for the allowance of wills,
1. More than P100,000.00 but less than P150,000.00 granting of letters of administration and settlement of
P2,000.00 estates of small value, where the value of the estate is:
2. P150,000.00 or more but less than P200,000.00 2,250.00 1. Not more than P20,000.00 P250.00
3. P200,000.00 or more but less than P250,000.00 2. More than P20,000.00 but not
2,500.00
more than P100,000.00 1,350.00


3. More than P100,000.00 but not interested party shall deposit such amount with the clerk
more than P200,000.00 2,000.00 of court and ex officio sheriff, who shall disburse the same
to the deputy sheriff assigned to effect the process,
4. For each proceeding other than the allowance of wills subject to liquidation within the same period for
(probate) granting of letters of administration, settlement rendering a return on the process. Any unspent amount
of estate of small value, two hundred (P200.00) pesos; shall be refunded to the party making the deposit. A full
(c) For forcible entry and unlawful detainer cases, one report shall be submitted by the deputy sheriff assigned
hundred and fifty (P150.00) pesos; with his return, and the sheriff's expenses shall be taxed
as costs against the judgment debtor. (9a)
(d) For appeals in all actions or proceedings, including
forcible entry and detainer cases, taken from courts of Section 10. Stenographers. — Stenographers shall give
first level, two hundred (P200.00) pesos certified transcript of notes taken by them to every
person requesting the same upon payment of (a) six
(e) For the performance of marriage ceremony, including (P6.00) pesos for each page not less than two hundred
issuance of certificate of marriage, three hundred and fifty words before the appeal is taken and (b) three
(P300.00) pesos; pesos and sixty centavos (P3.60) for the same page, after
(f) For taking affidavit, twenty-five (P25.00) pesos; the filing of the appeal, provided, however that one-third
of the total charges shall be paid to the court and the
(g) For taking acknowledgment, thirty (P30.00) pesos; remaining two-thirds to the stenographer concerned
(h) For taking and certifying depositions, including oath, (10a)
per page, eight (P8.00) pesos; Section 11. Notaries. — No notary public shall charge or
(i) For certified copies of any record, per page, ten (P10.00) receive for any service rendered by him any fee,
pesos; remuneration or compensation in excess of those
(j) For stamping and registering books as required by expressly prescribed in the following schedule:
articles nineteen and thirty-six of the Code of Commerce (a) For protests of drafts, bills or exchange, or promissory
each book, thirty (P30.00) pesos; notes for non-acceptance or non-payment and for notice
(k) For performing notarial acts for which fees are not thereof, thirty-six (P36.00) pesos;
specifically fixed in this section, the same fees which (b) For the registration of such protest and safekeeping of
notaries public are entitled to receive (8a) the same thirty-six (P36.00) pesos;
Section 9. Sheriffs and other persons serving processes. (c) For authenticating powers of attorney, thirty-six
— (P36.00) pesos;
(a) For serving summons and copy of complaint, for each (d) For sworn statement concerning correctness of any
defendant, sixty (P60.00) pesos; account or other document, thirty-six (P36.00) pesos;
(b) For serving subpoenas in civil action or proceeding, for (e) For each oath of affirmation, thirty-six (P36.00) pesos;
each witness to be served, twenty-four (P24.00) pesos; (f) For receiving evidence of indebtedness to be sent
(c) For executing a writ of attachment against the outside, thirty-six (P36.00) pesos;
property of defendant, sixty (P60.00) pesos; (g) For issuing a certified copy of all or part of his notarial
(d) For serving temporary restraining order, or writ of register or notarial records, for each page, thirty-six
injunction, preliminary or final, of any court, sixty (P60.00) (P36.00) pesos;
pesos; (h) For taking depositions, for each page, thirty-six
(e) For executing a writ of replevin, sixty (P60.00) pesos; (P36.00) pesos; and
(f) For filing bonds or other instruments of indemnity or (i) For acknowledging other documents not enumerated
security in provisional remedies, for each bond or in this section, thirty-six (P36.00) pesos. (11a)
instrument, fifty (P50.00) pesos; Section 12. Other officers taking depositions. — Other
(g) For executing a writ or process to place a party in officers taking depositions shall receive the same
possession of the real estates, one hundred and fifty compensation as above provided for notaries public for
(P150.00) pesos; taking and certifying depositions. (10)
(h) For advertising a sale, besides cost of publication, Section 13. Witness fees. — (a) Witnesses in the Supreme
seventy-five (P75.00) pesos; Court, in the Court of Appeals and in the Regional Trial
(i) For taking inventory of goods levied upon when the Courts, either in actions or special proceedings, shall be
inventory is ordered by the court, one hundred and fifty entitled to one hundred (P100.00) pesos per day inclusive
(P150.00) pesos per day of actual inventory work. of travel time;
(j) For levying on execution on personal or real property, (b) Witnesses before courts of the first level shall be
seventy-five (P75.00) pesos; allowed fifty (P50.00) pesos per day;
(k) For issuing a notice of garnishment, for each notice, (c) Fees to which witnesses may be entitled in a civil
thirty (P30.00) pesos; action shall be allowed, on a certification of the clerk of
court or judge of his appearance in the case. A witness
(l) For money collected by him by order, execution, shall not be allowed compensation for his attendance in
attachment, or any other process, judicial or extrajudicial, more than one case or more than one side of the same
the following sums, to wit: case at the same time, but may elect in which of several
1. On the first four thousand (P4,000.00) pesos, five (5%) cases or on which side of a case, when he is summoned
per centum by both sides, to claim his attendance. A person who is
compelled to attend court on other business shall not be
2. On all sums in excess of four thousand (P4,000.00) paid as witness. (11a)
pesos, two and one-half (2.5%) per centum
Section 14. Fees of appraisers. — Appraisers appointed to
In addition to the fees hereinabove fixed, the party appraisers appointed to appraise the estate of a ward of a
requesting the process of any court, preliminary, deceased person shall each receive a compensation of
incidental, or final, shall pay the sheriff's expenses in two hundred (P200.00) pesos per day for the time
serving or executing the process, or safeguarding the actually and necessarily employed in the performance of
property levied upon, attached or seized, including their duties and in making their reports, which fees, in
kilometrage for each kilometer of travel, guard's fees, each instance, shall be paid out of the estate of the ward
warehousing and similar charges, in an amount or deceased person, as the case may be. Any actual and
estimated by the sheriff, subject to the approval of the necessary traveling expenses incurred in the
court. Upon approval of said estimated expenses, the



performance of their duties of such appraisers may 2. P100,000.00 or more but less than P150,000.00 P800.00
likewise be allowed and paid out of the estate. (12a) 3. P150,000.00 or more but less than P200,000.00
Section 15. Fees of commissioners in eminent domain P1,000.00
proceedings. — The commissioners appointed to appraise 4. P200,000.00 or more but less than P250,000.00
land sought to be condemned for public uses in P1,500.00
accordance with these rules shall each receive a
compensation of two hundred (P200.00) pesos per day 5. P250,000.00 or more but less than P300,000.00
for the time actually and necessarily employed in the P1,750.00
performance of their duties and in making their report to 6. P300,000.00 or more but less than P350,000.00
the court, which fees shall be taxed as part of the costs of P2,000.00
the proceedings. (13a)
7. P350,000.00 or more but no more than P400,000.00
Section 16. Fees of commissioners in proceedings for P2,250.00
partition of real estate. — The commissioners appointed
to make partition of real state shall each receive a 8. For each P1,000.00 in excess of P400,000.00 P10.00
compensation of two hundred (P200.00) pesos per day (b) For motions for postponement after completion of the
for the time actually and necessarily employed in the pre-trial stage, one hundred pesos (P100.00) for the first,
performance of their duties and in making their report to and an additional fifty pesos (P50.00) for every
the court, which fees shall be taxed as a part of the costs postponement thereafter based on that for the
of the proceedings. (14a) immediately preceding motion: Provided, however, that
Section 17. Fees, and the account thereof. — The clerk, no fee shall be imposed when the motion is found to be
under the direction of the judge, shall keep a book in based on justifiable and compelling reason;
which shall be entered the items of fees which have (c) For bonds by sureties in criminal and civil cases, three
accrued for the transaction of businesses covered by the hundred pesos (P300.00);
provisions of this rule, for which fees are payable,
specifying for what business each time of fees has (d) For applications for and entries of certificates of sale
accrued. Receipts shall be given for all fees received and and final deeds of sale in extra-judicial foreclosures of
they shall be accounted for in the manner provided in mortgages, three hundred (P300.00) pesos;
relation to the fees of clerks of courts in actions. The book (e) For applications for and certificates of sale in notarial
of fees kept by the clerk shall be accounted for in the foreclosures:
manner provided in relation of the fees of the clerk of 1. On the first four thousand (P4,000.00) pesos, five (5%)
court in inspection of auditing officer and other per cent;
interested therein. (15)
2. On all sums in excess of four thousand (P4,000.00)
Section 18. Indigent-litigants exempts from payment of pesos, two and one half (2.5%) percent (A.M. NO.
legal fees. — Indigent litigants (a) whose gross income 99-8-01-SC, September 14, 1999)
and that of their immediate family do not exceed four
thousand (P4,000.00) pesos a month if residing in Metro Section 21. Government exempt. — The Republic of the
Manila, and three thousand (P3,000.00) pesos a month if Philippines, its agencies and instrumentalities, are
residing outside Metro Manila, and (b) who do not own exempt from paying the legal fees provided in this rule,
real property with an assessed value of more than fifty Local governments and government-owned or controlled
thousand (P50,000.00) pesos shall be exempt from the corporations with or without independent charters are
payment of legal fees. not exempt from paying such fees. (19)
The legal fees shall be a lien on any judgment rendered in
the case favorably to the indigent litigant, unless the RULE 142 Cost
court otherwise provides.
Section 1. Cost ordinarily follow results of suit. — Unless
To be entitled to the exemption herein provided, the
otherwise provided in these rules, cost shall be allowed to
litigant shall execute an affidavit that he and his
the prevailing party as a matter of course, but the court
immediate family do not earn a gross income
shall have power, for special reasons, to adjudge that
abovementioned, nor they own any real property with the
either party shall pay the costs of an action, or that the
assessed value aforementioned, supported by an affidavit
same be divided, as may be equitable. No costs shall be
of a disinterested person attesting to the truth of the
allowed against the Republic of the Philippines unless
litigant's affidavit.
otherwise provided by law.
Any falsity in the affidavit of a litigant or disinterested
Section 2. When action or appeal dismissed. — If an
person shall be sufficient cause to strike out the pleading
action or appeal is dismissed for want of jurisdiction or
of that party, without prejudice to whatever criminal
otherwise, the court nevertheless shall have the power to
liability may have been incurred. (16a)
render judgment for cost, as justice may require.
Section 19. In addition to the fees imposed in the
Section 3. Cost when appeal frivolous. — Where an
preceding sections, a victim-compensation fee of five
action or appeal is found to be frivolous, double or treble
(P5.00) pesos pursuant to Rep. Act. No. 7309 shall be
cost may be imposed on the plaintiff or appellant, which
assessed and collected for the filing of every complaint or
shall be paid by his attorney, if so ordered by the court.
petition initiating an ordinary civil action, special civil
action or special proceeding in the trial courts including Section 4. False allegations. — An averment in a
civil actions impliedly instituted with criminal actions pleading made without reasonable cause and found
under Rule 111, Revised Rules of Criminal Procedure where untrue shall subject the offending party to the payment
a filing fee is likewise collected. All sums collected shall be of such reasonable expenses as may have been
remitted to the Department of Justice very quarter by the necessarily incurred by the other party by reason of such
Clerk of Court concerned. (18-A) untrue pleading. The amount of expenses so payable
shall be fixed by the judge in the trial, and taxed as costs.
Section 20. Other fees. — The following fees shall also be
collected by the clerks of Regional Trial Courts or courts of Section 5. No cost for irrelevant matters. — When the
the first level, as the case may be: record contains any unnecessary, irrelevant, or immaterial
matter, the party as whose instance the same was
(a) In estafa cases where the offended party fails to
inserted or at whose instance the same was printed, shall
manifest within fifteen (15) days following the filing of the
not be allowed as costs any disbursement for preparing,
information that the civil liability arising from the crime
certifying, or printing such matter.
has been or would be separated prosecuted:
Section 6. Attorney's fees as cost. — No attorney's fees
1. Less than P100,000.00 P500.00
shall be taxed as costs against the adverse party, except


as provided by the rules of civil law. But this section shall of Appeals or in the Supreme Court, the prevailing party
have no relation to the fees to be charged by an attorney may recover the following costs, and no other:
as against his client. (a) For his own attendance, and that of his attorney, down
Section 7. Restriction of cost. — If the plaintiff in any to and including final judgment, thirty pesos in the Court
action shall recover a sum not exceeding ten pesos as of Appeals and fifty pesos in the Supreme Court;
debt or damages, he shall recover no more cost than debt (b) For official copies of record on appeal and the printing
or damages, unless the court shall certify that the action thereof, and all other copies required by the rules of court,
involved a substantial and important right to the plaintiff the sum actually paid for the same;
in which case full cost may be allowed.
(c) All lawful fees charged against him by the clerk of the
Section 8. Costs, how to taxed. — In inferior courts, the Court of Appeals or of the Supreme Court, in entering and
costs shall be taxed by the justice of the peace or docketing the action and recording the proceedings and
municipal judge and included the judgment. In superior judgment therein and for the issuing of all process;
courts, costs shall be taxed by the clerk of the
corresponding court on five days' written notice giving by (d) No allowance shall be made to the prevailing party in
the prevailing party to the adverse party. With this notice the Supreme Court or Court of Appeals for the brief or
shall be served a statement of the items of the cost written or printed arguments of his attorney, or copies
claimed by the prevailing party, verified by his oath or thereof, aside from the thirty or fifty pesos above stated;
that of his attorney. Objections to the taxation shall be (e) If testimony is received in the Supreme Court or Court
made in writing, specifying the items objected to. Either of Appeals not taken in another court and transmitted
party may appeal to the court from the clerk's taxation. thereto, the prevailing party shall be allowed the same
The costs shall be inserted in the judgment if taxed cost for witness fees, depositors, and process and service
before its entry, and payment thereof shall be enforced by thereof as he would have been allowed for such items
execution. had the testimony been introduced in a Court of First
Section 9. Cost in justice of the peace or municipal Instance;
courts. — In an action or proceeding pending before a (f) The lawful fees of a commissioner in an action may also
justice of the peace or municipal judge, the prevailing be taxed against the defeated party, or apportioned as
party may recover the following cost, and no other: justice requires.
(a) For the complaint or answer, two pesos; Section 12. Costs when witness fails to appear. — If a
(b) For the attendance of himself, or his counsel, or both, witness fails to appear at the time and place specified in
on the day of trial, five pesos; the subpoena issued by any inferior court, the cost of the
warrant of arrest and of the arrest of the witness shall be
(c) For each additional day's attendance required in the paid by the witness if the court shall determine that his
actual trial of the case, one peso; failure to answer the subpoena was wilful or without just
(d) For each witness produced by him, for each day's excuse.
necessary attendance at the trial, one peso, and his lawful Section 13. Costs when the person cited for examination
traveling fees; in probate proceedings. — When a person is cited, on
(e) For each deposition lawfully taken by him and motion of another, to appear before the court to be
produced in evidence, five pesos; examined in probate proceedings, the court may, in its
(f) For original documents, deeds, or papers of any kind discretion tax costs for the person so cited and issue
produced by him; nothing; execution therefor, allowing the same fees as for
witnesses in Courts of First Instance.
(g) For official copies of such documents, deeds, or
papers, the lawful fees necessarily paid for obtaining such
copies; RULE 143 Applicability of the Rules
(h) The lawful fees paid by him for service of the These rules shall not apply to land registration, cadastral
summons and other process in the action; and election cases, naturalization and insolvency
(i) The lawful fees charged against him by the judge of proceedings, and other cases not herein provided for,
the court in entering and docketing and trying the action except by analogy or in a suppletory character and
or proceeding. whenever practicable and convenient.
Section 10. Cost in Court of First Instance. — In an action
or proceeding pending in a Court of First Instance, the RULE 144 Effectiveness
prevailing party may recover the following costs, and no
other: These rules shall take effect on January 1, 1964. They shall
govern all cases brought after they take effect, and also all
(a) For the complaint or answer, fifteen pesos; further proceedings in cases then pending. except to the
(b) For his own attendance, and that of his attorney, down extent that in the opinion of the court their application
to and including final judgment, twenty pesos; would not be feasible or would work injustice, in which
(c) For each witness necessarily produced by him, for each event the former procedure shall apply.
day's necessary attendance of such witness at the trial,
two pesos, and his lawful traveling fees;
(d) For each deposition lawfully taken by him, and B.M. No. 850 | MANDATORY
CONTINUING LEGAL EDUCATION
produced in evidence, five pesos;
(e) For original documents, deeds, or papers of any kind
produced by him, nothing;
(f) For official copies of such documents, deeds, or papers,
(MCLE)
the lawful fees necessarily paid for obtaining such copies; August 22, 2000
(g) The lawful fees paid by him in entering and docketing ADOPTING THE RULES ON MANDATORY CONTINUING
the action or recording the proceedings, for the service of LEGAL EDUCATION FOR MEMBERS OF THE
any process in action, and all lawful clerk's fees paid by INTEGRATED BAR OF THE PHILIPPINES
him. EN BANC
Section 11. Costs in Court of Appeals and in Supreme R E S O L U T I O N
Court. — In an action or proceeding pending in the Court
Considering the Rules on Mandatory Continuing Legal
Education (MCLE) for members of the Integrated Bar of



the Philippines (IBP), recommended by the IBP, endorsed The initial compliance period after admission or

by the Philippine Judicial Academy, and reviewed and readmission shall begin on the first day of the month of
passed upon by the Supreme Court Committee on Legal admission or readmission and shall end on the same day
Education, the Court hereby resolves to adopt, as it as that of all other members in the same Compliance
hereby adopts, the following rules for proper Group.
implementation: (a) Where four (4) months or less remain of the initial
compliance period after admission or readmission, the
member is not required to comply with the program
RULE 1 PURPOSE requirement for the initial compliance.
Section 1. Purpose of the MCLE (b) Where more than four (4) months remain of the initial
Continuing legal education is required of members of the compliance period after admission or readmission, the
Integrated Bar of the Philippines (IBP) to ensure that member shall be required to complete a number of hours
throughout their career, they keep abreast with law and of approved continuing legal education activities equal to
jurisprudence, maintain the ethics of the profession and the number of months remaining in the compliance
enhance the standards of the practice of law. period in which the member is admitted or readmitted.
Such member shall be required to complete a number of
hours of education in legal ethics in proportion to the
RULE 2 MANDATORY CONTINUING LEGAL number of months remaining in the compliance period.
EDUCATION Fractions of hours shall be rounded up to the next whole
number.
Section 1. Constitution of the MCLE Committee
Within two (2) months from the approval of these Rules
by the Supreme Court En Banc, the MCLE Committee RULE 4 COMPUTATION OF CREDIT UNITS
shall be constituted in accordance with these Rules. Section 1. Guidelines
Section 2. Requirements of completion of MCLE The following are the guidelines for computation of credit
Members of the IBP not exempt under Rule 7 shall units (CU):
complete, every three (3) years, at least thirty-six (36) PROGRAMS CREDIT UNITS SUPPORTING DOCUMENTS
hours of continuing legal education activities approved
1. SEMINARS, CONVENTIONS, CONFERENCES, SYMPOSIA,
by the MCLE Committee. Of the 36 hours:
IN-HOUSE EDUCATION PROGRAMS, WORKSHOPS,
(a) At least six (6) hours shall be devoted to legal ethics. DIALOGUES, ROUND TABLE DISCUSSIONS BY
(b) At least (4) hours shall be devoted to trial and pretrial APPROVED PROVIDERS UNDER RULE 7 AND OTHER
skills. RELATED RULES
(c) At least five (5) hours shall be devoted to alternative 1.1 PARTICIPANT 1 CU PER HOUR CERTIFICATE OF
dispute resolution. ATTENDANCE WITH NUMBER OF HOURS
(d) At least nine (9) hours shall be devoted to updates on 1.2 LECTURER 5 CU PER HOUR PHOTOCOPY OF PLAQUE
substantive and procedural laws, and jurisprudence. OR SPONSOR'S CERTIFICATION
(e) At least four (4) hours shall be devoted to legal writing 1.3 RESOURCE 3 CU PER HOUR PHOTOCOPY OF PLAQUE
and oral advocacy. OR SPONSOR'S SPEAKER CERTIFICATION
(f) At least two (2) hours shall be devoted to international 1.4 ASSIGNED 2 CU PER HOUR CERTIFICATION FROM
law and international conventions. SPONSORING PENALIST/ ORGANIZATION
REACTOR/COMMENTATOR
(g) The remaining six (6) hours shall be devoted to such
subjects as may be prescribed by the MCLE Committee. 1.5 MODERATOR/ 2 CU PER HOUR CERTIFICATION FROM
SPONSORING COORDINATOR/ ORGANIZATION
FACILITATOR
RULE 3 COMPLIANCE PERIOD 2. AUTHORSHIP, EDITING AND REVIEW
Section 1. Initial compliance period 2.1 RESEARCH/ 5-10 CREDIT UNITS DULY
The initial compliance period shall begin not later than CERTIFIED/PUBLISHED INNOVATIVE TECHNICAL
three (3) months from the constitution of the MCLE REPORT/PAPER PROGRAM/CREATIVE PROJECT
Committee. Except for the initial compliance period for 2.2 BOOK 50-100 PP 101+ PUBLISHED BOOK SINGLE
members admitted or readmitted after the AUTHOR 12-16 CU 17-20 CU
establishment of the program, all compliance periods 2 AUTHORS 10-12 CU 13-16 CU
shall be for thirty-six (36) months and shall begin the day
after the end of the previous compliance period. 3 OR MORE 5-6 CU 7-11 CU
Section 2. Compliance Group 1. 2.3 BOOK EDITOR 1/2 OF THE CU OF PUBLISHED BOOK
WITH PROOF AUTHORSHIP AS EDITOR CATEGORY
Members in the National Capital Region (NCR) or Metro
Manila shall be permanently assigned to Compliance 2.4 LEGAL ARTICLE 5-10 PP 11+ PUBLISHED ARTICLE
Group 1. SINGLE AUTHOR 6 CU 8 CU
Section 3. Compliance Group 2. 2 AUTHORS 4 CU 6 CU
Members in Luzon outside NCR shall be permanently 3 OR MORE 2 CU 4 CU
assigned to Compliance Group 2. 2.5 LEGAL 3-6 CU PER ISSUE PUBLISHED
Section 4. Compliance Group 3. NEWSLETTER/JOURNAL NEWSLETTER/LAW JOURNAL
EDITOR
Members in Visayas and Mindanao shall be permanently
assigned to Compliance Group 3. 3. PROFESSIONAL 6 CU PER CHAIR CERTIFICATION OF
LAW DEAN CHAIR/BAR 1 CU PER LECTURE OR BAR
Section 5. Compliance period for members admitted or REVIEW DIRECTOR REVIEW/ HOUR LECTURE/LAW
readmitted after establishment of the program. TEACHING
Members admitted or readmitted to the Bar after the Section 2. Limitation on certain credit units
establishment of the program shall be permanently
assigned to the appropriate Compliance Group based on In numbers 2 and 3 of the guidelines in the preceding
their Chapter membership on the date of admission or Section, the total maximum credit units shall not exceed
readmission. twenty (20) hours per three (3) years.


(l) Governors and Mayors.

RULE 5 CATEGORIES OF CREDIT Section 2. Other parties exempted from the MCLE
Section 1. Classes of credits The following Members of the Bar are likewise exempt:
The credits are either participatory or non-participatory. (a) Those who are not in law practice, private or public.
Section 2. Claim for participatory credit (b) Those who have retired from law practice with the
approval of the IBP Board of Governors.
Participatory credit may be claimed for:
Section 3. Good cause for exemption from or
(a) Attending approved education activities like seminars, modification of requirement
conferences, symposia, in-house education programs,
workshops, dialogues or round table discussions. A member may file a verified request setting forth good
cause for exemption (such as physical disability, illness,
(b) Speaking or lecturing, or acting as assigned panelist, post graduate study abroad, proven expertise in law, etc.)
reactor, commentator, resource speaker, moderator, from compliance with or modification of any of the
coordinator or facilitator in approved education activities. requirements, including an extension of time for
(c) Teaching in a law school or lecturing in a bar review compliance, in accordance with a procedure to be
class. established by the MCLE Committee.
Section 3. Claim for non-participatory credit Section 4. Change of status
Non-participatory credit may be claimed per compliance The compliance period shall begin on the first day of the
period for: month in which a member ceases to be exempt under
Sections 1, 2, or 3 of this Rule and shall end on the same
(a) Preparing, as an author or co-author, written materials
day as that of all other members in the same Compliance
published or accepted for publication, e.g., in the form of
Group.
an article, chapter, book, or book review which contribute
to the legal education of the author member, which were Section 5. Proof of exemption
not prepared in the ordinary course of the member's Applications for exemption from or modification of the
practice or employment. MCLE requirement shall be under oath and supported by
(b) Editing a law book, law journal or legal newsletter. documents.
RULE 6 COMPUTATION OF CREDIT HOURS RULE 8 STANDARDS FOR APPROVAL OF

Section 1. Computation of credit hours EDUCATION ACTIVITIES
Credit hours are computed based on actual time spent in Section 1. Approval of MCLE program
an activity (actual instruction or speaking time), in hours Subject to the rules as may be adopted by the MCLE
to the nearest one-quarter hour. Committee, continuing legal education program may be
granted approval in either of two (2) ways: (1) the provider
of the activity is an approved provider and certifies that
RULE 7 EXEMPTIONS the activity meets the criteria of Section 3 of this Rules;
Section 1. Parties exempted from the MCLE and (2) the provider is specially mandated by law to
provide continuing legal education.
The following members of the Bar are exempt from the
MCLE requirement: Section 2. Standards for all education activities
(a) The President and the Vice President of the All continuing legal education activities must meet the
Philippines, and the Secretaries and Undersecretaries of following standards:
Executives Departments; (a) The activity shall have significant current intellectual
(b) Senators and Members of the House of or practical content.
Representatives; (b) The activity shall constitute an organized program of
(c) The Chief Justice and Associate Justices of the learning related to legal subjects and the legal profession,
Supreme Court, incumbent and retired members of the including cross profession activities (e.g., accounting-tax
judiciary, incumbent members of the Judicial and Bar or medical-legal) that enhance legal skills or the ability to
Council and incumbent court lawyers covered by the practice law, as well as subjects in legal writing and oral
Philippine Judicial Academy program of continuing advocacy.
judicial education; (c) The activity shall be conducted by a provider with
(d) The Chief State Counsel, Chief State Prosecutor and adequate professional experience.
Assistant Secretaries of the Department of Justice; (d) Where the activity is more than one (1) hour in length,
(e) The Solicitor General and the Assistant Solicitor substantive written materials must be distributed to all
General; participants. Such materials must be distributed at or
before the time the activity is offered.
(f) The Government Corporate Counsel, Deputy and
Assistant Government Corporate Counsel; (e) In-house education activities must be scheduled at a
time and location so as to be free from interruption like
(g) The Chairmen and Members of the Constitutional telephone calls and other distractions.
Commissions;
(h) The Ombudsman, the Overall Deputy Ombudsman,
the Deputy Ombudsmen and the Special Prosecutor of RULE 9 APPROVAL OF PROVIDERS
the Office of the Ombudsman;
Section 1. Approval of providers
(i) Heads of government agencies exercising
Approval of providers shall be done by the MCLE
quasi-judicial functions;
Committee.
(j) Incumbent deans, bar reviews and professors of law
Section 2. Requirements for approval of providers
who have teaching experience for at least 10 years
accredited law schools; Any persons or group may be approved as a provider for a
term of two (2) years, which may be renewed, upon
(k) The Chancellor, Vice-Chancellor and members of the
written application. All providers of continuing legal
Corps of Professors and Professorial Lectures of the
education activities, including in-house providers, are
Philippine Judicial Academy; and


eligible to be approved providers. Application for approval period. He shall complete the card by attesting under
shall: oath that he has complied with the education
(a) Be submitted on a form provided by the IBP; requirement or that he is exempt, specifying the nature
of the exemption. Such Compliance Card must be
(b) Contain all information requested on the form; returned to the address indicated therein not later than
(c) Be accompanied by the approval fee; the day after the end of the member's compliance period.
Section 3. Requirements of all providers Section 2. Member record keeping requirement
All approved providers shall agree to the following: Each member shall maintain sufficient record of
compliance or exemption, copy furnished the MCLE
(a) An official record verifying the attendance at the Committee. The record required to be provided to the
activity shall be maintained by the provider for at least members by the provider pursuant to Section 3(c) of Rule
four (4) years after the completion date. The provider shall 9 should be sufficient record of attendance at a
include the member on the official record of attendance participatory activity. A record of non-participatory
only if the member's signature was obtained at the time activity shall also be maintained by the member, as
of attendance at the activity. The official record of referred to in Section 3 of Rule 5.
attendance shall contain the member's name and
number in the Roll of Attorneys and shall identify the
time, date, location, subject matter, and length of the RULE 12 NON-COMPLIANCE PROCEDURES
education activity. A copy of such record shall be
furnished the IBP. Section 1. What constitutes non-compliance
(b) The provider shall certify that: The following shall constitute non-compliance
(1) This activity has been approved for MCLE by the IBP in (a) Failure to complete the education requirement within
the amount of ________ hours of which hours will apply in the compliance period;
(legal ethics, etc.), as appropriate to the content of the (b) Failure to provide attestation of compliance or
activity; exemption;
(2) The activity conforms to the standards for approved (c) Failure to provide satisfactory evidence of compliance
education activities prescribed by these Rules and such (including evidence of exempt status) within the
regulations as may be prescribed by the IBP pertaining to prescribed period;
MCLE.
(d) Failure to satisfy the education requirement and
(c) The provider shall issue a record or certificate to all furnish evidence of such compliance within sixty (60) days
participants identifying the time, date, location, subject from receipt of a non-compliance notice;
matter and length of the activity.
(e) Any other act or omission analogous to any of the
(d) The provider shall allow in-person observation of all foregoing or intended to circumvent or evade compliance
approved continuing legal education activities by with the MCLE requirements.
members of the IBP Board of Governors, the MCLE
Committee, or designees of the Committee and IBP staff Section 2. Non-compliance notice and 60-day period to
for purposes of monitoring compliance with these Rules. attain compliance
(e) The provider shall indicate in promotional materials, A member failing to comply will receive a
the nature of the activity, the time devoted to each Non-Compliance Notice stating the specific deficiency
devoted to each topic and identify of the instructors. The and will be given sixty (60) days from the date of
provider shall make available to each participant a copy of notification to explain the deficiency or otherwise show
IBP-approved Education Activity Evaluation Form. compliance with the requirements. Such notice shall
contain, among other things, the following language in
(f) The provider shall maintain the completed Education capital letters:
Activity Evaluation Forms for a period of not less than one
(1) year after the activity, copy furnished the IBP. YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION
FOR NON-COMPLIANCE OR PROOF OF COMPLIANCE
(g) Any person or group who conducts an unauthorized WITH THE MCLE REQUIREMENT BY (INSERT DATE 60
activity under this program or issues a spurious certificate DAYS FROM THE DATE OF NOTICE), SHALL BE A CAUSE
in violation of these Rules shall be subject to appropriate FOR LISTING AS A DELINQUENT MEMBER.
sanctions.
The Member may use this period to attain the adequate
Section 4. Renewal of provider approval number of credit hours for compliance. Credit hours
The approval of a provider may be renewed every two (2) earned during this period may only be counted toward
years. It may be denied if the provider fails to comply with compliance with the prior compliance period
any of the requirements of these Rules or fails to provide requirement unless hours in excess of the requirement
satisfactory education activities for the preceding period. are earned, in which case, the excess hours may be
counted toward meeting the current compliance period
Section 5. Revocation of provider approval requirement.lawphil.net
The approval of any provider referred to in Rule 9 may be
revoked by a majority vote of the IBP Board of Governors,
upon recommendation of the MCLE Committee, after RULE 13 CONSEQUENCES OF
notice and hearing and for good cause. NON-COMPLIANCE
Section 1. Non-compliance fee
RULE 10 ACTIVITY AND PROVIDER APPROVAL A member who, for whatever reason, is in
FEE non-compliance at the end of the compliance period
shall pay a non-compliance fee.
Section 1. Payment of fees
Section 2. Listing as delinquent member
Application for approval of an education activity or as a
provider requires payment of an appropriate fee. Any member who fails to satisfactorily comply with
Section 2 of Rule 12 shall be listed as a delinquent
member by the IBP Board of Governors upon the
RULE 11 GENERAL COMPLIANCE PROCEDURES recommendation of the MCLE Committee, in which case,
Rule 139-A of the Rules of Court shall apply.
Section 1. Compliance card
Each member shall secure from the MCLE Committee a
Compliance Card before the end of his compliance



access to justice by the less privileged members of

society and expedite the resolution of cases involving
RULE 14 REINSTATEMENT them. Mandatory free legal service by members of the
Section 1. Process bar and their active support thereof will aid the efficient
and effective administration of justice especially in cases
The involuntary listing as a delinquent member shall be
involving indigent and pauper litigants.
terminated when the member provides proof of
compliance with the MCLE requirement, including SECTION 3. Scope. - This Rule shall govern the
payment of non-compliance fee. A member may attain mandatory requirement for practicing lawyers to render
the necessary credit hours to meet the requirement for free legal aid services in all cases (whether, civil, criminal
the period of non-compliance during the period the or administrative) involving indigent and pauper litigants
member is on inactive status. These credit hours may not where the assistance of a lawyer is needed. It shall also
be counted toward meeting the current compliance govern the duty of other members of the legal profession
period requirement. Credit hours attained during the to support the legal aid program of the Integrated Bar of
period of non-compliance in excess of the number the Philippines.
needed to satisfy the prior compliance period SECTION 4. Definition of Terms. - For purposes of this
requirement may be counted toward meeting the Rule:
current compliance period requirement.lawphil.net
(a) Practicing lawyers are members of the Philippine Bar
Section 2. Termination of delinquent listing who appear for and in behalf of parties in courts of law
administrative process and quasi-judicial agencies, including but not limited to
The termination of listing as a delinquent member is the National Labor Relations Commission, National
administrative in nature but it shall be made with notice Conciliation and Mediation Board, Department of Labor
and hearing by the MCLE Committee. and Employment Regional Offices, Department of
Agrarian Reform Adjudication Board and National
Commission for Indigenous Peoples. The term "practicing
RULE 15 MANDATORY CONTINUING LEGAL lawyers" shall exclude:
EDUCATION COMMITTEE (i) Government employees and incumbent elective
officials not allowed by law to practice;
Section 1. Composition
(ii) Lawyers who by law are not allowed to appear in court;
The MCLE Committee shall be composed of five (5)
members, namely: a retired Justice of the Supreme Court, (iii) Supervising lawyers of students enrolled in law
as Chair, and four (4) members, respectively, nominated student practice in duly accredited legal clinics of law
by the IBP, the Philippine Judicial Academy, a law center schools and lawyers of non-governmental organizations
designated by the Supreme Court and associations of law (NGOs) and peoples’ organizations (POs) like the Free
schools and/or law professors. Legal Assistance Group who by the nature of their work
already render free legal aid to indigent and pauper
The members of the Committee shall be of proven litigants and
probity and integrity. They shall be appointed by the
Supreme Court for a term of three (3) years and shall (iv) Lawyers not covered under subparagraphs (i) to (iii)
receive such compensation as may be determined by the including those who are employed in the private sector
Court. but do not appear for and in behalf of parties in courts of
law and quasi-judicial agencies.
Section 2. Duty of the Committee
(b) Indigent and pauper litigants are those defined under
The MCLE Committee shall administer and adopt such Rule 141, Section 19 of the Rules of Court and Algura v. The
implementing rules as may be necessary subject to the Local Government Unit of the City of Naga (G.R.
approval by the Supreme Court. It shall, in consultation No.150135, 30 October 2006, 506 SCRA 81);
with the IBP Board of Governors, prescribe a schedule of
MCLE fees with the approval of the Supreme Court. (c) Legal aid cases are those actions, disputes, and
controversies that are criminal, civil and administrative in
Section 3. Staff of the IBP nature in whatever stage wherein indigent and pauper
The IBP shall employ such staff as may be necessary to litigants need legal representation;
perform the record-keeping, auditing, reporting, approval (d) Free legal aid services refer to appearance in court or
and other necessary functions. quasi-judicial body for and in behalf of an indigent or
Section 4. Submission of annual budget pauper litigant and the preparation of pleadings or
The IBP shall submit to the Supreme Court an annual motions. It shall also cover assistance by a practicing
budget for a subsidy to establish, operate and maintain lawyer to indigent or poor litigants in court-annexed
the MCLE Program. mediation and in other modes of alternative dispute
resolution (ADR). Services rendered when a practicing
This resolution shall take effect in October 2000, following lawyer is appointed counsel de oficio shall also be
its publication in two (2) newspaper of general circulation considered as free legal aid services and credited as
in the Philippines. compliance under this Rule;
Adopted this 22nd day of August, 2000. (e) Integrated Bar of the Philippines (IBP) is the official
national organization of lawyers in the country;
(f) National Committee on Legal Aid (NCLA) is the
B.M. No. 2012 | RULE ON committee of the IBP which is specifically tasked with
handling legal aid cases;
MANDATORY LEGAL AID (g) Committee on Bar Discipline (CBD) is the committee
SERVICE of the IBP which is specifically tasked with disciplining
members of the Bar;
February 10, 2009 (h) IBP Chapters are those chapters of the Integrated Bar
of the Philippines located in the different geographical

areas of the country as defined in Rule 139-A and
SECTION 1. Title. - This Rule shall be known as "The Rule
(i) Clerk of Court is the Clerk of Court of the court where
on Mandatory Legal Aid Service."
the practicing lawyer rendered free legal aid services. In
SECTION 2. Purpose. - This Rule seeks to enhance the the case of quasi-judicial bodies, it refers to an officer
duty of lawyers to society as agents of social change and holding an equivalent or similar position.
to the courts as officers thereof by helping improve


The term shall also include an officer holding a similar year, they are employed with the government or
position in agencies exercising quasi-judicial functions, or incumbent elective officials not allowed by law to practice
a responsible officer of an accredited PO or NGO, or an or lawyers who by law are not allowed to appear in court.
accredited mediator who conducted the court-annexed The form shall be sworn to and submitted to the IBP
mediation proceeding. Chapter or IBP National Office together with the
SECTION 5. Requirements. - payment of an annual contribution of Two Thousand
(a) Every practicing lawyer is required to render a Pesos (P2,000). Said contribution shall accrue to a special
minimum of sixty (60) hours of free legal aid services to fund of the IBP for the support of its legal aid program.
indigent litigants in a year. Said 60 hours shall be spread (g) Before the end of a particular year, lawyers covered by
within a period of twelve (12) months, with a minimum of the category under Section 4(a)(iii) shall secure a
five (5) hours of free legal aid services each month. certification from the director of the legal clinic or of the
However, where it is necessary for the practicing lawyer to concerned NGO or PO to the effect that, during that year,
render legal aid service for more than five (5) hours in one they have served as supervising lawyers in a legal clinic or
month, the excess hours may be credited to the said actively participated in the NGO’s or PO’s free legal aid
lawyer for the succeeding periods. activities. The certification shall be submitted to the IBP
For this purpose, a practicing lawyer shall coordinate with Chapter or IBP National Office.
the Clerk of Court for cases where he may render free (h) Before the end of a particular year, lawyers covered by
legal aid service. He may also coordinate with the IBP the category under Section 4(a)(iv) shall fill up a form
Legal Aid Chairperson of the IBP Chapter to inquire about prepared by the NCLA which states that, during that year,
cases where he may render free legal aid service. In this they are neither practicing lawyers nor covered by
connection, the IBP Legal Aid Chairperson of the IBP Section (4)(a)(i) to (iii). The form shall be sworn to and
Chapter shall regularly and actively coordinate with the submitted to the IBP Chapter or IBP National Office
Clerk of Court. together with the payment of an annual contribution of
The practicing lawyer shall report compliance with the Four Thousand Pesos (P4,000) by way of support for the
requirement within ten (10) days of the last month of efforts of practicing lawyers who render mandatory free
each quarter of the year. legal aid services. Said contribution shall accrue to a
special fund of the IBP for the support of its legal aid
(b) A practicing lawyer shall be required to secure and program.
obtain a certificate from the Clerk of Court attesting to
the number of hours spent rendering free legal aid (i) Failure to pay the annual contribution shall subject the
services in a case. lawyer to a penalty of Two Thousand Pesos (P2,000) for
that year which amount shall also accrue to the special
The certificate shall contain the following information: fund for the legal aid program of the IBP.
(i) The case or cases where the legal aid service was SECTION 6. NCLA. -
rendered, the party or parties in the said case(s) for whom
the service was rendered, the docket number of the said (a) The NCLA shall coordinate with the various legal aid
case(s) and the date(s) the service was rendered. committees of the IBP local chapters for the proper
handling and accounting of legal aid cases which
(ii) The number of hours actually spent attending a practicing lawyers can represent.
hearing or conducting trial on a particular case in the
court or quasi-judicial body. (b) The NCLA shall monitor the activities of the Chapter of
the Legal Aid Office with respect to the coordination with
(iii) The number of hours actually spent attending Clerks of Court on legal aid cases and the collation of
mediation, conciliation or any other mode of ADR on a certificates submitted by practicing lawyers.
particular case.
(c) The NCLA shall act as the national repository of records
(iv) A motion (except a motion for extension of time to file in compliance with this Rule.
a pleading or for postponement of hearing or conference)
or pleading filed on a particular case shall be considered (d) The NCLA shall prepare the following forms: certificate
as one (1) hour of service. to be issued by the Clerk of Court and forms mentioned
in Section 5(e) and (g).
The Clerk of Court shall issue the certificate in triplicate,
one (1) copy to be retained by the practicing lawyer, one (e) The NCLA shall hold in trust, manage and utilize the
(1) copy to be retained by the Clerk of Court and one (1) contributions and penalties that will be paid by lawyers
copy to be attached to the lawyer's compliance report. pursuant to this Rule to effectively carry out the
provisions of this Rule. For this purpose, it shall annually
(c) Said compliance report shall be submitted to the Legal submit an accounting to the IBP Board of Governors.
Aid Chairperson of the IBP Chapter within the court’s
jurisdiction. The Legal Aid Chairperson shall then be The accounting shall be included by the IBP in its report
tasked with immediately verifying the contents of the to the Supreme Court in connection with its request for
certificate with the issuing Clerk of Court by comparing the release of the subsidy for its legal aid program.
the copy of the certificate attached to the compliance SECTION 7. Penalties. -
report with the copy retained by the Clerk of Court. (a) At the end of every calendar year, any practicing
(d) The IBP Chapter shall, after verification, issue a lawyer who fails to meet the minimum prescribed 60
compliance certificate to the concerned lawyer. The IBP hours of legal aid service each year shall be required by
Chapter shall also submit the compliance reports to the the IBP, through the NCLA, to explain why he was unable
IBP’s NCLA for recording and documentation. The to render the minimum prescribed number of hours. If no
submission shall be made within forty-five (45) days after explanation has been given or if the NCLA finds the
the mandatory submission of compliance reports by the explanation unsatisfactory, the NCLA shall make a report
practicing lawyers. and recommendation to the IBP Board of Governors that
(e) Practicing lawyers shall indicate in all pleadings filed the erring lawyer be declared a member of the IBP who is
before the courts or quasi-judicial bodies the number and not in good standing. Upon approval of the NCLA’s
date of issue of their certificate of compliance for the recommendation, the IBP Board of Governors shall
immediately preceding compliance period. Failure to declare the erring lawyer as a member not in good
disclose the required information would cause the standing. Notice thereof shall be furnished the erring
dismissal of the case and the expunction of the pleadings lawyer and the IBP Chapter which submitted the lawyer’s
from the records. compliance report or the IBP Chapter where the lawyer is
registered, in case he did not submit a compliance report.
(f) Before the end of a particular year, lawyers covered by The notice to the lawyer shall include a directive to pay
the category under Section 4(a)(i) and (ii), shall fill up a Four Thousand Pesos (P4,000) penalty which shall accrue
form prepared by the NCLA which states that, during that to the special fund for the legal aid program of the IBP.



(b) The "not in good standing" declaration shall be

effective for a period of three (3) months from the receipt
of the erring lawyer of the notice from the IBP Board of
Governors. During the said period, the lawyer cannot
A.M. No. 17-03-09-SC RULE ON
appear in court or any quasi-judicial body as counsel.
Provided, however, that the "not in good standing" status
COMMUNITY LEGAL AID
shall subsist even after the lapse of the three-month
period until and unless the penalty shall have been paid.
SERVICE
(c) Any lawyer who fails to comply with his duties under October 22, 2017
this Rule for at least three (3) consecutive years shall be
the subject of disciplinary proceedings to be instituted
SECTION 1. Title.— This Rule shall be known as the
motu proprio by the CBD. The said proceedings shall
"Community Legal Aid Service Rule."
afford the erring lawyer due process in accordance with
the rules of the CBD and Rule 139-B of the Rules of Court. SECTION 2. Rationale. — The legal profession is imbued
If found administratively liable, the penalty of suspension with public interest. As such, lawyers are charged with the
in the practice of law for one (1) year shall be imposed duty to give meaning to the guarantee of access to
upon him. adequate legal assistance under Article III, Section 11 of
the 1987 Constitution by making their legal services
(d) Any lawyer who falsifies a certificate or any form
available to the public in an efficient and convenient
required to be submitted under this Rule or any contents
manner compatible with the independence, integrity and
thereof shall be administratively charged with
effectiveness of the profession. As a way to discharge this
falsification and dishonesty and shall be subject to
constitutional duty, lawyers are obliged to render pro
disciplinary action by the CBD. This is without prejudice
bono services to those who otherwise would be denied
to the filing of criminal charges against the lawyer.
access to adequate legal services.
(e) The falsification of a certificate or any contents thereof
SECTION 3. Scope.— This Rule shall govern the mandatory
by any Clerk of Court or by any Chairperson of the Legal
requirement for covered lawyers to render pro bono legal
Aid Committee of the IBP local chapter where the case is
aid services to qualified litigants, as defined herein.
pending or by the Director of a legal clinic or responsible
officer of an NGO or PO shall be a ground for an SECTION 4. Definition of Terms.— For purposes of this
administrative case against the said Clerk of Court or Rule, the following terms shall be understood to be how
Chairperson. This is without prejudice to the filing of the they are defined under this Section:
criminal and administrative charges against the (a) "Covered lawyers" shall refer to those who have
malfeasor. successfully passed the Annual Bar Examinations and
SECTION 8. Credit for Mandatory Continuing Legal have signed the Roll of Attorneys for that particular year;
Education (MCLE). - A lawyer who renders mandatory for purposes of this Rule, it shall include those who will
legal aid service for the required number of hours in a pass the 2017 Bar Examination and are admitted to the
year for the three year-period covered by a compliance Bar in 2018.
period under the Rules on MCLE shall be credited the (b) "Pro Bono Legal Aid Service" shall refer to supervised
following: two (2) credit units for legal ethics, two (2) credit post-admission legal services in civil, criminal and
units for trial and pretrial skills, two (2) credit units for administrative cases consisting of:
alternative dispute resolution, four (4) credit units for legal
writing and oral advocacy, four (4) credit units for 1. Legal services provided without charge for the following
substantive and procedural laws and jurisprudence and qualified parties or litigants:
six (6) credit units for such subjects as may be prescribed i. Indigent Party or Pauper Litigants, as defined;
by the MCLE Committee under Section 2(9), Rule 2 of the
Rules on MCLE. ii. Other persons of limited means, as defined;
A lawyer who renders mandatory legal aid service for the iii. Individuals, groups, or organizations rendered unable
required number of hours in a year for at least two to secure free legal assistance by reason of conflict of
consecutive years within the three year-period covered by interest on the part of government-provided legal
a compliance period under the Rules on MCLE shall be assistance through the Public Attorney's Office; and
credited the following: one (1) credit unit for legal ethics, iv. Public interest cases that have societal impact and
one (1) credit unit for trial and pretrial skills, one (1) credit involves a group or sector of society that otherwise would
unit for alternative dispute resolution, two (2) credit units not be capable of securing legal assistance by reason of
for legal writing and oral advocacy, two (2) credit units for inability of other lawyers, law firms, or government
substantive and procedural laws and jurisprudence and offices, including the Public Attorney's Office.
three (3) credit units for such subjects as may be
2. The following shall be considered legal services for
prescribed by the MCLE Committee under Section 2(g),
purposes of this Rule:
Rule 2 of the Rules on MCLE.
i. Representation of qualified litigants, as defined, in the
SECTION 9. Implementing Rules. - The IBP, through the
trial courts in civil and criminal cases and quasi-judicial
NCLA, is hereby given authority to recommend
bodies in administrative cases, including proceedings for
implementing regulations in determining who are
mediation, voluntary or compulsory arbitration, and
"practicing lawyers," what constitute "legal aid cases" and
alternative dispute resolution;
what administrative procedures and financial safeguards
which may be necessary and proper in the ii. Legal counseling, rendering assistance in contract
implementation of this rule may be prescribed. It shall negotiations and drafting of related legal documents,
coordinate with the various legal chapters in the crafting including memoranda of law and other similar
of the proposed implementing regulations and, upon documents that are provided to the client. Drafting may
approval by the IBP Board of Governors, the said include policy work involving legal research and
implementing regulations shall be transmitted to the advocacy;
Supreme Court for final approval. iii. Developmental Legal Assistance, consisting of rights
SECTION 10. Effectivity. - This Rule and its implementing awareness, capacity-building, and training in basic
rules shall take effect on July 1,2009 after they have been human rights, documentation, and affidavit-making,
published in two (2) newspapers of general circulation. rendered in public interest cases, including legal
assistance rendered by identified Public Interest Law
Groups;
iv. Legal services provided as part of employment in the
judiciary, executive, or legislative branches of government


shall be considered sufficient compliance with this Rule, Court in disciplining the Bar by investigating complaints
provided that the covered lawyer must already be in against lawyers and Bar candidates. For purposes of this
government service at least six months before admission Rule, it shall be the Office that accredits legal aid
into the Bar; provided further, that the legal services providers, as defined herein, and certifies compliance or
provided are substantive, as certified by the Heads of non-compliance by covered lawyers.
Office; and SECTION 5. Requirements.—
v. Legal services provided to marginalized sectors and (a) Number of Hours — Covered lawyers, as defined under
identities, such as but not limited to: (a) urban poor; (b) Section 4 (a),are required to render one hundred twenty
workers/laborers; (c) overseas foreign workers; (d) children (120) hours of pro bono legal aid services to qualified
in conflict with the law; and (e) persons involved in parties enumerated in Section 4 (b),within the first year of
gender issues. the covered lawyers' admission to the Bar, counted from
(c) "Indigent Party" shall refer to a party in a case covered the time they signed the Roll of Attorneys. For this
by Rule 3, Section 21 of the Rules of Court. The test for purpose, covered lawyers shall report to the chairperson
indigency shall not be based on a set financial amount of the IBP Chapter Legal Aid Committee of their choice or
but rather on the capacity to afford the services of the chairperson, director, or supervising partner or lawyer
counsel after considering his or her basic necessities for from the Accredited Legal Aid Service Provider of their
himself or herself and his or her family. choice for their compliance with this Rule.
(d) "Indigent Litigants" shall refer to a party in a case (b) Free Legal Aid Services on Weekends — Upon written
covered under Rule 141, Section 19 of the Rules of Court. request duly approved by the chairperson of the IBP
(e) "Other Persons of Limited Means" shall refer to those Chapter Legal Aid Committee or the chairperson, director,
who may not be covered by Sections (c) and (d) but or supervising partner or lawyer from the Accredited
would, under the circumstances, not be financially able to Legal Aid Service Provider, covered lawyers may comply
afford the services of counsel. This includes marginalized with the requirements of this Rule on weekends. Said
groups and entities such as farmers, indigenous peoples, lawyers are entitled to an extension of the compliance
children in conflict with the law, victims of gender period, upon submission of the weekend schedules by
violence, and other similar causes. the IBP committee chairperson or the appropriate officer
of the Accredited Legal Aid Service Provider.
(f) "Law School Legal Aid Office" is an office or center
under a law school's clinical legal education program duly (c) Exemptions — The following shall be exempted from
organized and accredited under Rule 138-A (The Law the requirements of this Rule upon sufficient proof of
Student Practice Rule) to render legal assistance and their respective circumstances submitted with the OBC:
services to indigent and pauper clients. i. Covered lawyers in the executive and legislative
(g) "Public Interest Law Group" is any group, association, branches of government, provided that the covered
institution, office, or center duly organized and with a lawyer must already be in government service at least six
specific and clear mandate to assist specific marginalized (6) months before admission into the Bar; however, those
sectors of society in their legal needs. For purposes of this employed upon admission into the Bar with the judiciary,
Rule, such a group must have been organized and in the Public Attorney's Office, the National Prosecution
active service of its mandate for at least five (5) years prior Service, the Office of the Solicitor General, the Office of
to the effectivity of this Rule. the Government Corporate Counsel, and the Office of the
Ombudsman shall be automatically exempt from
(h) "Accredited Legal Aid Service Providers" are legal compliance with this Rule;
aid offices duly accredited with the Office of the Bar
Confidant (OBC) where covered lawyers may render pro ii. Those who have already undergone and completed the
bono legal aid service. These offices shall include: clinical legal education program duly organized and
accredited under Rule 138-A (The Law Student Practice
i. Law organizations regularly rendering legal aid services, Rule);
such as the Philippine Bar Association, and other similar
organizations; iii. Covered lawyers who have worked for at least one (1)
year in law firms offering pro bono legal services or
ii. Developmental Legal Assistance Groups and regularly accepting counsel de officio appointments;
Alternative Law Groups rendering developmental legal
assistance as defined herein and alternative law groups; iv. Covered lawyers who have previously worked for more
than one (1) year as staff of a Law School Legal Aid Office,
iii. Public Interest Law Groups, as defined herein; as defined, a Public Interest Law Group, or an alternative
iv. Law School Legal Aid Offices, as defined herein; and or developmental law group; and
v. Law firms which handle cases for persons of limited v. Covered lawyers who have worked with lawyers for
means, as defined herein, or marginalized groups and Public Interest Law Groups or alternative or
entities. This shall include law firms with established legal developmental law groups for more than one (1) year and
aid departments or which regularly render pro bono legal have filed public interest cases.
aid service or act as counsel de officio. Within thirty (30) days from the date of signing the Roll of
(i) "Integrated Bar of the Philippines" (IBP) is the official Attorneys, any aforelisted lawyer shall submit his/her
national organization of lawyers in the country. sworn statement and that of the chairperson, director or
supervising partner or lawyer of the Accredited Legal Aid
(j) "National Committee on Legal Aid" (NCLA) is the Service Provider showing his/her entitlement to the
national committee of the IBP which is specifically tasked exemption from the rule. Otherwise, the new lawyer shall
with handling legal aid cases. not be considered exempt from the Rule.
(k) "IBP Chapters" are those located in the different (d) Supervision of Covered Lawyers — Representation in
geographical areas of the country as defined in Rule civil and criminal cases before courts and in
139-A of the Rules of Court. administrative cases before quasi-judicial agencies and
(l) "IBP Chapter Legal Aid Committee" is the committee the rendition of other pro bono legal aid services shall be
of the IBP Chapter which will supervise the covered under the direct supervision and control of the
lawyers in the rendition of free legal services. chairperson of the IBP Chapter Legal Aid Committee, or
the chairperson, director, or supervising partner or lawyer
(m) "Law Firm" refers to a private law firm or office with a from the Accredited Legal Aid Service Provider where the
pro bono program intended to provide free legal aid covered lawyers are registered or affiliated.
services and assistance to indigent and pauper clients.
(e) Signing of Pleadings — Any and all pleadings,
(n) "Office of the Bar Confidant" (OBC) is the office of motions, briefs, memoranda, or other papers to be filed in
the Supreme Court that has custody of the Bar records court or any quasi-judicial agency must be signed by the
and personal records of lawyers. It assists the Supreme



covered lawyers and co-signed by the chairperson of the the reason for the turnover. The turned-over cases may
IBP Chapter Legal Aid Committee, or the chairperson, then be reassigned to another covered lawyer.
director, or supervising partner or lawyer from the SECTION 8. Prohibition against Solicitation or
Accredited Legal Aid Service Provider. Acceptance of Gifts.— Covered lawyers shall not solicit,
The pleadings may be signed solely by the covered request, or accept, directly or indirectly, any fee, gift, token
lawyers only in the event the chairperson of the IBP of gratitude, or anything of monetary value in the course
Chapter Legal Aid Committee or the chairperson, director, of rendering the legal aid services under this Rule. Any
or supervising partner or lawyer from the Accredited and all legal services provided under this Rule shall be on
Legal Aid Service Provider is unavailable but such a pro bono basis.
signature page shall indicate who the supervising lawyers SECTION 9. Protection of Private Practice or
are. Employment.— This rule is not intended to impair the
(f) Time Log and Timesheets — The IBP Chapter Legal Aid private practice or employment of covered lawyers.
Committee or the Accredited Legal Aid Service Provider Barring any conflict of interest or any other violation of
shall keep a record of the time/hours spent by new the Code of Professional Responsibility, covered lawyers
lawyers in rendering free legal aid services to qualified can engage in private practice and accept paid clients or
parties or litigants. For this purpose, the said committee be employed in the government or in the private sector
or legal aid service provider shall designate a person within the twelve-month period for compliance.
responsible to keep timesheets containing the number of SECTION 10. Full Credit for Mandatory Continuing Legal
hour(s) spent every week by each new lawyer in Education (MCLE).— A covered lawyer who successfully
rendering free legal aid services for each assigned case complies with the requirements of this Rule shall be
and/or client. Time spent in the office or at the place given a full credit of thirty-six (36) MCLE units for the
designated by the IBP Chapter Legal Aid Committee or three year-period covered by a compliance period under
Accredited Legal Aid Service Provider, regardless of the Rules on MCLE.
whether there are clients attended to or not, shall also be
recorded and included in the computation of the hours The grant of full credit shall be without prejudice to any
required by this Rule. The actual hours spent by the new other legislated benefits that the covered lawyer may be
lawyers in court or before any quasi-judicial agency with entitled to, such as tax exemptions and other similar
the client shall likewise be recorded and counted. benefits.
The timesheets shall be authenticated by the chairperson SECTION 11. Duties of the OBC. — The OBC shall perform
of the IBP Chapter Legal Aid Committee or the the following duties and responsibilities:
chairperson, director, or supervising partner or lawyer in (a) Verify the contents of the notarized Certificate of
charge of the Accredited Legal Aid Service Provider. Compliance submitted by new lawyers with the issuing
(g) Certificate of Compliance — Covered lawyers shall, IBP Chapter Legal Aid Committee or the Accredited Legal
upon completion of the required one hundred twenty Aid Service Provider;
(120) hours of free legal aid services, submit a notarized (b) Keep a record of all the Certificates of Compliance and
Certificate of Compliance to the OBC issued and signed submit it to the Court en banc at the end of each quarter;
by the chairperson of the IBP Chapter Legal Aid
Committee or the chairperson, director, or supervising (c) Accredit Clinical Legal Aid Offices of Law Schools,
partner or lawyer from the Accredited Legal Aid Service Public Interest Groups, Developmental Legal Aid Groups,
Provider where they are registered. Alternative Legal Aid Groups, or Law Firms which intend
to participate in this legal aid program. The IBP Chapter
SECTION 6. Period for Compliance.— Covered lawyers Legal Aid Committees, the Free Legal Assistance Group
shall complete the community legal aid service within (FLAG),and previously accredited Clinical Legal Aid
twelve (12) months from the date they sign the Roll of Offices shall be automatically accredited by the OBC;
Attorneys. Within one (1) month after the lapse of the said
period, covered lawyers shall submit the Certificate of (d) Monitor the compliance of covered lawyers and the
Compliance issued by the Accredited Legal Aid Service Accredited Legal Aid Service Providers with the
Provider to the OBC. requirements of this Rule;
The twelve (12) month period may be extended upon a (e) File administrative charges against non-compliant
petition duly submitted and granted by the Bar covered lawyers and any group/person who may be
Confidant, who will furnish the Office of the Chief Justice involved in any violation of this Rule; and
with a copy of the order resolving the petition. The (f) Provide the standard forms for the timelog, timesheets,
petition for extension must be filed before the lapse of and notarized Certificate of Compliance.
the period for compliance. In the event a new lawyer has
completed the required number of hours before the end SECTION 12. Duties of IBP Chapter Legal Aid Committee
of the one (1) year period, he/she can already submit the or the Accredited Legal Aid Service Provider. —
Certificate of Compliance to the OBC. The IBP Chapter Legal Aid Committee or the Accredited
In order to address possible economic hardships that may Legal Aid Service Provider shall submit to the OBC an
be caused by strict compliance with this Rule, or for any Annual Report containing a summary of the certificates
justifiable reason, qualified lawyers may request issued to covered lawyers, on or before June 30 of every
compliance with this Rule for two (2) years. Covered year. The Report shall contain a list of the covered lawyers,
lawyers who wish to avail of this privilege must file an the number of hours spent rendering free legal aid
application with the OBC, which shall determine the services, the legal aid cases involved, and the qualified
validity of the deferment on a case-to-case basis. parties or litigants for whom the services were rendered.
SECTION 7. Continuous Handling or Turnover of Cases.— SECTION 13. Expenses.—
Representation, once entered, by covered lawyers in cases Expenses incurred by the IBP Chapter in connection with
before the courts or quasi-judicial agencies, shall the services rendered by the new lawyers may be sourced
continue until terminated; provided, that after the from the IBP subsidy provided by the Court. Expenses by
twelve-month period, the requirement of supervision the Accredited Legal Aid Service Provider shall be
shall no longer be mandatory. shouldered by the respective law organization, public
Should the covered lawyer, upon compliance with the interest group, developmental law group, alternative law
Rule and lapse of the twelve-month period, be unable to group, law school, or law firm. The Accredited Legal Aid
continue representation of the party by reason of Service Provider may, however, request the court for
professional conflict of interest arising from his or her financial assistance.
employment, he/she may turn over the handling of the SECTION 14. Penalties.—
cases to the IBP Chapter Legal Aid Committee or the
Accredited Legal Aid Service Provider indicating clearly



(a) A covered lawyer who fails to comply with the SECTION 2. Affirmation or Oath. — The term "Affirmation"
requirements of this Rule shall be required to show cause or "Oath" refers to an act in which an individual on a
in writing within ten (10) days from receipt of notice why single occasion:
no disciplinary action should be taken against him/her.
(a) appears in person before the notary public;
Should the OBC find the new lawyer's explanation
insufficient to justify the non-compliance, it shall (b) is personally known to the notary public or identified
recommend to the Supreme Court that the lawyer be by the notary public through competent evidence of
delisted as a "member in good standing" of the Bar. It identity as defined by these Rules; and
may also recommend any appropriate disciplinary
(c) avows under penalty of law to the whole truth of the
measures depending on the reasons for and the gravity of
contents of the instrument or document.
the non-compliance.
(b) Without prejudice to criminal liability, a covered lawyer SECTION 3. Commission. — "Commission" refers to the
who falsifies the Certificate of Compliance required to be grant of authority to perform notarial acts and to the
submitted under this Rule shall be administratively written evidence of the authority.
charged by the OBC with disciplinary action up to and SECTION 4. Copy Certification. — "Copy Certification"
including disbarment before the Supreme Court. refers to a notarial act in which a notary public:
SECTION 15. Effectivity.— This Rule shall take effect after (a) is presented with an instrument or document that is
publication in two (2) newspapers of general circulation. It neither a vital record, a public record, nor publicly
shall also be uploaded to the Supreme Court website recordable;
through its Public Information Office.
(b) copies or supervises the copying of the instrument or
(Rule on Community Legal Aid Service, A.M. No. document;
17-03-09-SC, [October 22, 2017])
(c) compares the instrument or document with the copy;
and
A.M. No. 02-8-13-SC | 2004 RULES (d) determines that the copy is accurate and complete.
SECTION 5. Notarial Register. — "Notarial Register" refers
ON NOTARIAL PRACTICE to a permanently bound book with numbered pages
containing a chronological record of notarial acts
July 6, 2004 performed by a notary public.
SECTION 6. Jurat. — "Jurat" refers to an act in which an
Acting on the compliance dated 05 July 2004 and on the individual on a single occasion:
proposed Rules on Notarial Practice of 2004 submitted (a) appears in person before the notary public and
by the Sub-Committee for the Study, Drafting and presents an instrument or document;
Formulation of the Rules Governing the Appointment of
Notaries Public and the Performance and Exercise of (b) is personally known to the notary public or identified
Their Official Functions, of the Committees on Revision of by the notary public through competent evidence of
the Rules of Court and on Legal Education and Bar identity as defined by these Rules;
Matters, the Court Resolved to APPROVE the proposed (c) signs the instrument or document in the presence of
Rules on Notarial Practice of 2004, with modifications, the notary; and
thus:
(d) takes an oath or affirmation before the notary public
RULE I Implementation as to such instrument or document.
SECTION 1. Title. — These Rules shall be known as the SECTION 7. Notarial Act and Notarization. — "Notarial
2004 Rules on Notarial Practice. Act" and "Notarization" refer to any act that a notary
public is empowered to perform under these Rules.
SECTION 2. Purposes. — These Rules shall be applied and
construed to advance the following purposes: SECTION 8. Notarial Certificate. — "Notarial Certificate"
refers to the part of, or attachment to, a notarized
(a) to promote, serve, and protect public interest; instrument or document that is completed by the notary
(b) to simplify, clarify, and modernize the rules governing public, bears the notary's signature and seal, and states
notaries public; and the facts attested to by the notary public in a particular
notarization as provided for by these Rules.
(c) to foster ethical conduct among notaries public.
SECTION 9. Notary Public and Notary. — "Notary Public"
SECTION 3. Interpretation. — Unless the context of these and "Notary" refer to any person commissioned to
Rules otherwise indicates, words in the singular include perform official acts under these Rules.
the plural, and words in the plural include the singular.
SECTION 10. Principal. — "Principal" refers to a person
RULE II Definitions appearing before the notary public whose act is the
subject of notarization.
SECTION 1. Acknowledgment. — "Acknowledgment"
refers to an act in which an individual on a single SECTION 11. Regular Place of Work or Business. — The
occasion: term "regular place of work or business" refers to a
stationary office in the city or province wherein the notary
(a) appears in person before the notary public and
public renders legal and notarial services.
presents an integrally complete instrument or document;
SECTION 12. Competent Evidence of Identity. — The
(b) is attested to be personally known to the notary public
phrase "competent evidence of identity" refers to the
or identified by the notary public through competent
identification of an individual based on:
evidence of identity as defined by these Rules; and
(a) at least one current identification document issued by
(c) represents to the notary public that the signature on
an official agency bearing the photograph and signature
the instrument or document was voluntarily affixed by
of the individual; or
him for the purposes stated in the instrument or
document, declares that he has executed the instrument (b) the oath or affirmation of one credible witness not
or document as his free and voluntary act and deed, and, privy to the instrument, document or transaction who is
if he acts in a particular representative capacity, that he personally known to the notary public and who
has the authority to sign in that capacity. personally knows the individual, or of two credible
witnesses neither of whom is privy to the instrument,
document or transaction who each personally knows the


individual and shows to the notary public documentary The petitioner shall sign his name at the bottom part of
identification. the photographs.
SECTION 13. Official Seal or Seal. — "Official seal" or "Seal" SECTION 3. Application Fee. — Every petitioner for a
refers to a device for affixing a mark, image or impression notarial commission shall pay the application fee as
on all papers officially signed by the notary public prescribed in the Rules of Court.
conforming the requisites prescribed by these Rules.
SECTION 4. Summary Hearing on the Petition. — The
SECTION 14. Signature Witnessing. — The term "signature Executive Judge shall conduct a summary hearing on the
witnessing" refers to a notarial act in which an individual petition and shall grant the same if:
on a single occasion:
(a) the petition is sufficient in form and substance;
(a) appears in person before the notary public and
(b) the petitioner proves the allegations contained in the
presents an instrument or document;
petition; and
(b) is personally known to the notary public or identified
(c) the petitioner establishes to the satisfaction of the
by the notary public through competent evidence of
Executive Judge that he has read and fully understood
identity as defined by these Rules; and
these Rules.
(c) signs the instrument or document in the presence of
The Executive Judge shall forthwith issue a commission
the notary public.
and a Certificate of Authorization to Purchase a Notarial
SECTION 15. Court. — "Court" refers to the Supreme Court Seal in favor of the petitioner.
of the Philippines.
SECTION 5. Notice of Summary Hearing. — (a) The notice
SECTION 16. Petitioner. — "Petitioner" refers to a person of summary hearing shall be published in a newspaper of
who applies for a notarial commission. general circulation in the city or province where the
hearing shall be conducted and posted in a conspicuous
SECTION 17. Office of the Court Administrator. — "Office
place in the offices of the Executive Judge and of the
of the Court Administrator" refers to the Office of the
Clerk of Court. The cost of the publication shall be borne
Court Administrator of the Supreme Court.
by the petitioner. The notice may include more than one
SECTION 18. Executive Judge. — "Executive Judge" refers petitioner.
to the Executive Judge of the Regional Trial Court of a city
(b) The notice shall be substantially in the following form:
or province who issues a notarial commission.

SECTION 19. Vendor. — "Vendor" under these Rules refers
to a seller of a notarial seal and shall include a wholesaler NOTICE OF HEARING
or retailer.
Notice is hereby given that a summary hearing on the
SECTION 20. Manufacturer. — "Manufacturer" under petition for notarial commission of (name of petitioner)
these Rules refers to one who produces a notarial seal shall be held on (date) at (place) at (time). Any person
and shall include an engraver and seal maker. who has any cause or reason to object to the grant of the
petition may file a verified written opposition thereto,
RULE III Commissioning of Notary Public received by the undersigned before the date of the
SECTION 1. Qualifications. — A notarial commission may summary hearing.
be issued by an Executive Judge to any qualified person _______________
who submits a petition in accordance with these Rules.
Executive Judge
To be eligible for commissioning as notary public, the
petitioner:
(1) must be a citizen of the Philippines; SECTION 6. Opposition to Petition. — Any person who has
any cause or reason to object to the grant of the petition
(2) must be over twenty-one (21) years of age; may file a verified written opposition thereto. The
(3) must be a resident in the Philippines for at least one (1) opposition must be received by the Executive Judge
year and maintains a regular place of work or business in before the date of the summary hearing.
the city or province where the commission is to be issued; SECTION 7. Form of Notarial Commission. — The
(4) must be a member of the Philippine Bar in good commissioning of a notary public shall be in a formal
standing with clearances from the Office of the Bar order signed by the Executive Judge substantially in the
Confidant of the Supreme Court and the Integrated Bar following form:
of the Philippines; and
(5) must not have been convicted in the first instance of REPUBLIC OF THE PHILIPPINES
any crime involving moral turpitude. REGIONAL TRIAL COURT OF ___________
SECTION 2. Form of the Petition and Supporting This is to certify that (name of notary public) of (regular
Documents. — Every petition for a notarial commission place of work or business) in (city or province) was on this
shall be in writing, verified, and shall include the (date) day of (month) two thousand and (year)
following: commissioned by the undersigned as a notary public,
(a) a statement containing the petitioner's personal within and for the said jurisdiction, for a term ending the
qualifications, including the petitioner's date of birth, thirty-first day of December (year)
residence, telephone number, professional tax receipt, roll _______________
of attorney's number and IBP membership number;
Executive Judge
(b) certification of good moral character of the petitioner

by at least two (2) executive officers of the local chapter of
the Integrated Bar of the Philippines where he is applying SECTION 8. Period Of Validity of Certificate of
for commission; Authorization to Purchase a Notarial Seal. — The
(c) proof of payment for the filing of the petition as Certificate of Authorization to Purchase a Notarial Seal
required by these Rules; and shall be valid for a period of three (3) months from date of
issue, unless extended by the Executive Judge.
(d) three (3) passport-size color photographs with light
background taken within thirty (30) days of the A mark, image or impression of the seal that may be
application. The photograph should not be retouched. purchased by the notary public pursuant to the


Certificate shall be presented to the Executive Judge for (4) signature witnessings;
approval prior to use.
(5) copy certifications; and
SECTION 9. Form of Certificate of Authorization to
(6) any other act authorized by these Rules.
Purchase a Notarial Seal. — The Certificate of
Authorization to Purchase a Notarial Seal shall (b) A notary public is authorized to certify the affixing of a
substantially be in the following form: 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
REPUBLIC OF THE PHILIPPINES
the notary public and of two (2) disinterested and
REGIONAL TRIAL COURT OF _______________ unaffected witnesses to the instrument or document;
CERTIFICATE OF AUTHORIZATION TO PURCHASE A (2) both witnesses sign their own names in addition to
NOTARIAL SEAL the thumb or other mark;
This is to authorize (name of notary public) of (city or (3) the notary public writes below the thumb or other
province) who was commissioned by the undersigned as mark: "Thumb or Other Mark affixed by (name of
a notary public, within and for the said jurisdiction, for a signatory by mark) in the presence of (names and
term ending the thirty-first of December (year) to addresses of witnesses) and undersigned notary public";
purchase a notarial seal. and
Issued this (day) of (month) (year). (4) the notary public notarizes the signature by thumb or
other mark through an acknowledgment, jurat, or
______________ signature witnessing.
Executive. Judge (c) 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:
SECTION 10. Official Seal of Notary Public. — Every person
commissioned as notary public shall have only one (1) the notary public is directed by the person unable to
official seal of office in accordance with these Rules. sign or make a mark to sign on his behalf;
SECTION 11. Jurisdiction and Term. — A person (2) the signature of the notary public is affixed in the
commissioned as notary public may perform notarial acts presence of two disinterested and unaffected witnesses
in any place within the territorial jurisdiction of the to the instrument or document;
commissioning court for a period of two (2) years (3) both witnesses sign their own names;
commencing the first day of January of the year in which
the commissioning is made, unless earlier revoked or the (4) the notary public writes below his signature:
notary public has resigned under these Rules and the "Signature affixed by notary in presence of (names and
Rules of Court. addresses of person and two [2] witnesses)"; and
SECTION 12. Register of Notaries Public. — The Executive (5) the notary public notarizes his signature by
Judge shall keep and maintain a Register of Notaries acknowledgment or jurat.
Public in his jurisdiction which shall contain, among SECTION 2. Prohibitions. — (a) A notary public shall not
others, the dates of issuance or revocation or suspension perform a notarial act outside his regular place of work or
of notarial commissions, and the resignation or death of business; provided, however, that on certain exceptional
notaries public. The Executive Judge shall furnish the occasions or situations, a notarial act may be performed
Office of the Court Administrator information and data at the request of the parties in the following sites located
recorded in the register of notaries public. The Office of within his territorial jurisdiction:
the Court Administrator shall keep a permanent,
complete and updated database of such records. (1) public offices, convention halls, and similar places
where oaths of office may be administered;
SECTION 13. Renewal of Commission. — A notary public
may file a written application with the Executive Judge (2) public function areas in hotels and similar places for
for the renewal of his commission within forty-five (45) the signing of instruments or documents requiring
days before the expiration thereof. A mark, image or notarization;
impression of the seal of the notary public shall be (3) hospitals and other medical institutions where a party
attached to the application. to an instrument or document is confined for treatment;
Failure to file said application will result in the deletion of and
the name of the notary public in the register of notaries (4) any place where a party to an instrument or
public. document requiring notarization is under detention.
The notary public thus removed from the Register of (b) A person shall not perform a notarial act if the person
Notaries Public may only be reinstated therein after he is involved as signatory to the instrument or document —
issued a new commission in accordance with these Rules.
(1) is not in the notary's presence personally at the time of
SECTION 14. Action on Application for Renewal of the notarization; and
Commission. — The Executive Judge shall, upon payment
of the application fee mentioned in Section 3 above of (2) is not personally known to the notary public or
this Rule, act on an application for the renewal of a otherwise identified by the notary public through
commission within thirty (30) days from receipt thereof. If competent evidence of identity as defined by these Rules.
the application is denied, the Executive Judge shall state SECTION 3. Disqualifications. — A notary public is
the reasons therefor. disqualified from performing a notarial act if he:
RULE IV Powers and Limitations of Notaries (a) is a party to the instrument or document that is to be
Public notarized;
(b) will receive, as a direct or indirect result, any
SECTION 1. Powers. — (a) A notary public is empowered to commission, fee, advantage, right, title, interest, cash,
perform the following notarial acts: property, or other consideration, except as provided by
(1) acknowledgments; these Rules and by law; or
(2) oaths and affirmations; (c) is a spouse, common-law partner, ancestor,
descendant, or relative by affinity or consanguinity of the
(3) jurats; principal within the fourth civil degree.


SECTION 4. Refusal to Notarize. — A notary public shall For purposes of this provision, a Memorandum of
not perform any notarial act described in these Rules for Agreement or Understanding may be entered into by the
any person requesting such an act even if he tenders the Office of the Solicitor General and the Office of the Court
appropriate fee specified by these Rules if: Administrator.
(a) the notary knows or has good reason to believe that (b) A notary public shall keep only one active notarial
the notarial act or transaction is unlawful or immoral; register at any given time.
(b) the signatory shows a demeanor which engenders in SECTION 2. Entries in the Notarial Register. — (a) For
the mind of the notary public reasonable doubt as to the every notarial act, the notary shall record in the notarial
former's knowledge of the consequences of the register at the time of notarization the following:
transaction requiring a notarial act; and
(1) the entry number and page number;
(c) in the notary's judgment, the signatory is not acting of
(2) the date and time of day of the notarial act;
his or her own free will.
(3) the type of notarial act;
SECTION 5. False or Incomplete Certificate. — A notary
public shall not: (4) the title or description of the instrument, document or
proceeding;
(a) execute a certificate containing information known or
believed by the notary to be false. (5) the name and address of each principal;
(b) affix an official signature or seal on a notarial (6) the competent evidence of identity as defined by
certificate that is incomplete. these Rules if the signatory is not personally known to the
notary;
SECTION 6. Improper Instruments or Documents. — A
notary public shall not notarize: (7) the name and address of each credible witness
swearing to or affirming the person's identity;
(a) a blank or incomplete instrument or document; or
(8) the fee charged for the notarial act;
(b) an instrument or document without appropriate
notarial certification. (9) the address where the notarization was performed if
not in the notary's regular place of work or business; and
RULE V Fees of Notary Public
(10) any other circumstance the notary public may deem
SECTION 1. Imposition and Waiver of Fees. — For of significance or relevance.
performing a notarial act, a notary public may charge the
maximum fee as prescribed by the Supreme Court unless (b) A notary public shall record in the notarial register the
he waives the fee in whole or in part. reasons and circumstances for not completing a notarial
act.
SECTION 2. Travel Fees and Expenses. — A notary public
may charge travel fees and expenses separate and apart (c) A notary public shall record in the notarial register the
from the notarial fees prescribed in the preceding section circumstances of any request to inspect or copy an entry
when traveling to perform a notarial act if the notary in the notarial register, including the requester's name,
public and the person requesting the notarial act agree address, signature, thumbmark or other recognized
prior to the travel. identifier, and evidence of identity. The reasons for refusal
to allow inspection or copying of a journal entry shall also
SECTION 3. Prohibited Fees. — No fee or compensation of be recorded.
any kind, except those expressly prescribed and allowed
herein, shall be collected or received for any notarial (d) When the instrument or document is a contract, the
service. notary public shall keep an original copy thereof as part of
his records and enter in said records a brief description of
SECTION 4. Payment or Refund of Fees. — A notary the substance thereof and shall give to each entry a
public shall not require payment of any fees specified consecutive number, beginning with number one in each
herein prior to the performance of a notarial act unless calendar year. He shall also retain a duplicate original
otherwise agreed upon. copy for the Clerk of Court.
Any travel fees and expenses paid to a notary public prior (e) The notary public shall give to each instrument or
to the performance of a notarial act are not subject to document executed, sworn to, or acknowledged before
refund if the notary public had already traveled but failed him a number corresponding to the one in his register,
to complete in whole or in part the notarial act for and shall also state on the instrument or document the
reasons beyond his control and without negligence on his page/s of his register on which the same is recorded. No
part. blank line shall be left between entries.
SECTION 5. Notice of Fees. — A notary public who charges (f) In case of a protest of any draft, bill of exchange or
a fee for notarial services shall issue a receipt registered promissory note, the notary public shall make a full and
with the Bureau of Internal Revenue and keep a journal of true record of all proceedings in relation thereto and shall
notarial fees. He shall enter in the journal all fees charged note therein whether the demand for the sum of money
for services rendered. was made, by whom, when, and where; whether he
A notary public shall post in a conspicuous place in his presented such draft, bill or note; whether notices were
office a complete schedule of chargeable notarial fees. given, to whom and in what manner; where the same
was made, when and to whom and where directed; and
RULE VI Notarial Register of every other fact touching the same.
SECTION 1. Form of Notarial Register. — (a) A notary (g) At the end of each week, the notary public shall certify
public shall keep, maintain, protect and provide for lawful in his notarial register the number of instruments or
inspection as provided in these Rules, a chronological documents executed, sworn to, acknowledged, or
official notarial register of notarial acts consisting of a protested before him; or if none, this certificate shall show
permanently bound book with numbered pages. this fact.
The register shall be kept in books to be furnished by the (h) A certified copy of each month's entries and a
Solicitor General to any notary public upon request and duplicate original copy of any instrument acknowledged
upon payment of the cost thereof. The register shall be before the notary public shall, within the first ten (10) days
duly paged, and on the first page, the Solicitor General of the month following, be forwarded to the Clerk of
shall certify the number of pages of which the book Court and shall be under the responsibility of such officer.
consists. If there is no entry to certify for the month, the notary
shall forward a statement to this effect in lieu of certified
copies herein required.


SECTION 3. Signatures and Thumbmarks. — At the time (b) The official seal shall be affixed only at the time the
of notarization, the notary's notarial register shall be notarial act is performed and shall be clearly impressed
signed or a thumb or other mark affixed by each: by the notary public on every page of the instrument or
document notarized.
(a) principal;
(c) When not in use, the official seal shall be kept safe and
(b) credible witness swearing or affirming to the identity
secure and shall be accessible only to the notary public or
of a principal; and
the person duly authorized by him.
(c) witness to a signature by thumb or other mark, or to a
(d) Within five (5) days after the official seal of a notary
signing by the notary public on behalf of a person
public is stolen, lost, damaged or other otherwise
physically unable to sign.
rendered unserviceable in affixing a legible image, the
SECTION 4. Inspection, Copying and Disposal. — (a) In the notary public, after informing the appropriate law
notary's presence, any person may inspect an entry in the enforcement agency, shall notify the Executive Judge in
notarial register, during regular business hours, provided: writing, providing proper receipt or acknowledgment,
including registered mail, and in the event of a crime
(1) the person's identity is personally known to the notary
committed, provide a copy or entry number of the
public or proven through competent evidence of identity
appropriate police record. Upon receipt of such notice, if
as defined in these Rules;
found in order by the Executive Judge, the latter shall
(2) the person affixes a signature and thumb or other order the notary public to cause notice of such loss or
mark or other recognized identifier, in the notarial damage to be published, once a week for three (3)
register in a separate, dated entry; consecutive weeks, in a newspaper of general circulation
in the city or province where the notary public is
(3) the person specifies the month, year, type of
commissioned. Thereafter, the Executive Judge shall
instrument or document, and name of the principal in
issue to the notary public a new Certificate of
the notarial act or acts sought; and
Authorization to Purchase a Notarial Seal.
(4) the person is shown only the entry or entries specified
(e) Within five (5) days after the death or resignation of
by him.
the notary public, or the revocation or expiration of a
(b) The notarial register may be examined by a law notarial commission, the official seal shall be surrendered
enforcement officer in the course of an official to the Executive Judge and shall be destroyed or defaced
investigation or by virtue of a court order. in public during office hours. In the event that the
missing, lost or damaged seal is later found or
(c) If the notary public has a reasonable ground to believe
surrendered, it shall be delivered by the notary public to
that a person has a criminal intent or wrongful motive in
the Executive Judge to be disposed of in accordance with
requesting information from the notarial register, the
this section. Failure to effect such surrender shall
notary shall deny access to any entry or entries therein.
constitute contempt of court. In the event of death of the
SECTION 5. Loss, Destruction or Damage of Notarial notary public, the person in possession of the official seal
Register. — (a) In case the notarial register is stolen, lost, shall have the duty to surrender it to the Executive Judge.
destroyed, damaged, or otherwise rendered unusable or
SECTION 3. Seal Image. — The notary public shall affix a
illegible as a record of notarial acts, the notary public
single, clear, legible, permanent, and photographically
shall, within ten (10) days after informing the appropriate
reproducible mark, image or impression of the official
law enforcement agency in the case of theft or vandalism,
seal beside his signature on the notarial certificate of a
notify the Executive Judge by any means providing a
paper instrument or document.
proper receipt or acknowledgment, including registered
mail and also provide a copy or number of any pertinent SECTION 4. Obtaining and Providing Seal. — (a) A vendor
police report. or manufacturer of notarial seals may not sell said
product without a written authorization from the
(b) Upon revocation or expiration of a notarial
Executive Judge.
commission, or death of the notary public, the notarial
register and notarial records shall immediately be (b) Upon written application and after payment of the
delivered to the office of the Executive Judge. application fee, the Executive Judge may issue an
authorization to sell to a vendor or manufacturer of
SECTION 6. Issuance of Certified True Copies. — The
notarial seals after verification and investigation of the
notary public shall supply a certified true copy of the
latter's qualifications. The Executive Judge shall charge
notarial record, or any part thereof, to any person
an authorization fee in the amount of Php4,000 for the
applying for such copy upon payment of the legal fees.
vendor and Php8,000 for the manufacturer. If a
RULE VII Signature and Seal of Notary Public manufacturer is also a vendor, he shall only pay the
manufacturer's authorization fee.
SECTION 1. Official Signature. — In notarizing a paper
instrument or document, a notary public shall: (c) The authorization shall be in effect for a period of four
(4) years from the date of its issuance and may be
(a) sign by hand on the notarial certificate only the name renewed by the Executive Judge for a similar period upon
indicated and as appearing on the notary's commission; payment of the authorization fee mentioned in the
(b) not sign using a facsimile stamp or printing device; preceding paragraph.
and (d) A vendor or manufacturer shall not sell a seal to a
(c) affix his official signature only at the time the notarial buyer except upon submission of a certified copy of the
act is performed. commission and the Certificate of Authorization to
Purchase a Notarial Seal issued by the Executive Judge. A
SECTION 2. Official Seal. — (a) Every person notary public obtaining a new seal as a result of change
commissioned as notary public shall have a seal of office, of name shall present to the vendor or manufacturer a
to be procured at his own expense, which shall not be certified copy of the Confirmation of the Change of Name
possessed or owned by any other person. It shall be of issued by the Executive Judge.
metal, circular in shape, two inches in diameter, and shall
have the name of the city or province and the word (e) Only one seal may be sold by a vendor or
"Philippines" and his own name on the margin and the manufacturer for each Certificate of Authorization to
roll of attorney's number on the face thereof, with the Purchase a Notarial Seal.
words "notary public" across the center. A mark, image or (f) After the sale, the vendor or manufacturer shall affix a
impression of such seal shall be made directly on the mark, image or impression of the seal to the Certificate of
paper or parchment on which the writing appears. Authorization to Purchase a Notarial Seal and submit the
completed Certificate to the Executive Judge. Copies of
the Certificate of Authorization to Purchase a Notarial



Seal and the buyer's commission shall be kept in the files extended once for valid and just cause by the Executive
of the vendor or manufacturer for four (4) years after the Judge for another period not exceeding three (3) months.
sale.
SECTION 2. Resignation. — A notary public may resign his
(g) A notary public obtaining a new seal as a result of commission by personally submitting a written, dated
change of name shall present to the vendor a certified and signed formal notice to the Executive Judge together
copy of the order confirming the change of name issued with his notarial seal, notarial register and records.
by the Executive Judge. Effective from the date indicated in the notice, he shall
immediately cease to perform notarial acts. In the event
RULE VIII Notarial Certificates of his incapacity to personally appear, the submission of
SECTION 1. Form of Notarial Certificate. — The notarial the notice may be performed by his duly authorized
form used for any notarial instrument or document shall representative.
conform to all the requisites prescribed herein, the Rules SECTION 3. Publication of Resignation. — The Executive
of Court and all other provisions of issuances by the Judge shall immediately order the Clerk of Court to post
Supreme Court and in applicable laws. in a conspicuous place in the offices of the Executive
SECTION 2. Contents of the Concluding Part of the Judge and of the Clerk of Court the names of notaries
Notarial Certificate. — The notarial certificate shall public who have resigned their notarial commissions and
include the following: the effective dates of their resignation.
(a) the name of the notary public as exactly indicated in RULE XI Revocation of Commission and
the commission; Disciplinary Sanctions
(b) the serial number of the commission of the notary SECTION 1. Revocation and Administrative Sanctions. —
public; (a) The Executive Judge shall revoke a notarial
(c) the words "Notary Public" and the province or city commission for any ground on which an application for a
where the notary public is commissioned, the expiration commission may be denied.
date of the commission, the office address of the notary (b) In addition, the Executive Judge may revoke the
public; and commission of, or impose appropriate administrative
(d) the roll of attorney's number, the professional tax sanctions upon, any notary public who:
receipt number and the place and date of issuance (1) fails to keep a notarial register;
thereof, and the IBP membership number.
(2) fails to make the proper entry or entries in his notarial
RULE IX Certificate of Authority of Notaries Public register concerning his notarial acts;
SECTION 1. Certificate of Authority for a Notarial Act. — A (3) fails to send the copy of the entries to the Executive
certificate of authority evidencing the authenticity of the Judge within the first ten (10) days of the month
official seal and signature of a notary public shall be following;
issued by the Executive Judge upon request in
(4) fails to affix to acknowledgments the date of
substantially the following form:
expiration of his commission;

(5) fails to submit his notarial register, when filled, to the
CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT Executive Judge;
I, (name, title, jurisdiction of the Executive Judge), certify (6) fails to make his report, within a reasonable time, to
that (name of notary public), the person named in the the Executive Judge concerning the performance of his
seal and signature on the attached document, is a Notary duties, as may be required by the judge;
Public in and for the (City/Municipality/Province) of the (7) fails to require the presence of a principal at the time
Republic of the Philippines and authorized to act as such of the notarial act;
at the time of the document's notarization.
(8) fails to identify a principal on the basis of personal
IN WITNESS WHEREOF, I have affixed below my knowledge or competent evidence;
signature and seal of this office this (date) day of (month)
(year). (9) executes a false or incomplete certificate under
Section 5, Rule IV;
________________
(10) knowingly performs or fails to perform any other act
(official signature) prohibited or mandated by these Rules; and
(seal of Executive Judge) (11) commits any other dereliction or act which in the
judgment of the Executive Judge constitutes good cause
for revocation of commission or imposition of
RULE X Changes of Status of Notary Public administrative sanction.
(c) Upon verified complaint by an interested, affected or
SECTION 1. Change of Name and Address. — aggrieved person, the notary public shall be required to
Within ten (10) days after the change of name of the file a verified answer to the complaint.
notary public by court order or by marriage, or after If the answer of the notary public is not satisfactory, the
ceasing to maintain the regular place of work or business, Executive Judge shall conduct a summary hearing. If the
the notary public shall submit a signed and dated notice allegations of the complaint are not proven, the
of such fact to the Executive Judge. complaint shall be dismissed. If the charges are duly
The notary public shall not notarize until: established, the Executive Judge shall impose the
appropriate administrative sanctions. In either case, the
(a) he receives from the Executive Judge a confirmation aggrieved party may appeal the decision to the Supreme
of the new name of the notary public and/or change of Court for review. Pending the appeal, an order imposing
regular place of work or business; and disciplinary sanctions shall be immediately executory,
(b) a new seal bearing the new name has been obtained. unless otherwise ordered by the Supreme Court.
The foregoing notwithstanding, until the aforementioned (d) The Executive Judge may motu proprio initiate
steps have been completed, the notary public may administrative proceedings against a notary public,
continue to use the former name or regular place of work subject to the procedures prescribed in paragraph (c)
or business in performing notarial acts for three (3) above and impose the appropriate administrative
months from the date of the change, which may be


sanctions on the grounds mentioned in the preceding

paragraphs (a) and (b).
SECTION 2. Supervision and Monitoring of Notaries
Public. — The Executive Judge shall at all times exercise
supervision over notaries public and shall closely monitor
their activities.
SECTION 3. Publication of Revocations and
Administrative Sanctions. — The Executive Judge shall
immediately order the Clerk of Court to post in a
conspicuous place in the offices of the Executive Judge
and of the Clerk of Court the names of notaries public
who have been administratively sanctioned or whose
notarial commissions have been revoked.
SECTION 4. Death of Notary Public. — If a notary public
dies before fulfilling the obligations in Section 5(b), Rule
VI and Section 2(e), Rule VII, the Executive Judge, upon
being notified of such death, shall forthwith cause
compliance with the provisions of these sections.
RULE XII Special Provisions
SECTION 1. Punishable Acts. — The Executive Judge shall
cause the prosecution of any person who:
(a) knowingly acts or otherwise impersonates a notary
public;
(b) knowingly obtains, conceals, defaces, or destroys the
seal, notarial register, or official records of a notary public;
and
(c) knowingly solicits, coerces, or in any way influences a
notary public to commit official misconduct.
SECTION 2. Reports to the Supreme Court. — The
Executive Judge concerned shall submit semestral
reports to the Supreme Court on discipline and
prosecution of notaries public.
RULE XIII Repealing and Effectivity Provisions
SECTION 1. Repeal. — All rules and parts of rules,
including issuances of the Supreme Court inconsistent
herewith, are hereby repealed or accordingly modified.
SECTION 2. Effective Date. — These Rules shall take effect
on the first day of August 2004, and shall be published in
a newspaper of general circulation in the Philippines
which provides sufficiently wide circulation.
Promulgated this 6th day of July, 2004.
(2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC,
[July 6, 2004])


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LEGAL AND JUDICIAL

© Compiled by Rehne Gibb N. Larena | JD-2 | University of San Carlos

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

CERTIFICATE OF AUTHORITY FOR A NOTARIAL

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LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

June 21, 1988 RULE 6.01 The primary duty of a lawyer engaged in public

Responsibility disciplinary action.

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LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

RULE 10.02 A lawyer shall not knowingly misquote or

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LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

RULE 20.03 A lawyer shall not, without the full knowledge

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11. Appointments of the judiciary and their compensation In disposing of controverted cases, judges should indicate

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LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

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LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

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LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

CANON 5 A JUDGE SHOULD REGULATE POLITICAL ACTIVITIES

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LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

Attorneys Section 6. Veriﬁcation and service of answer. — The

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LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

terminated within ﬁfteen (15) days from its

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LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

the Philippines (IBP), recommended by the IBP, endorsed The initial compliance period after admission or