Legal Ethics - Pineda PDF

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LEGAL ETHICS
REVIEWER
LEGAL ETHICS - is a branch of moral science, which treats of the duties which an
Attorney owes to the court, to the client, to his colleagues in the
profession and to the public as embodied in the Constitution, Rules
of Court, the Code of Professional Responsibility, Canons of
Professional Ethics, jurisprudence, moral laws and special laws.
State the significance of legal ethics.
The practice of law which covers a wide range of activities characteristic of the
legal profession including the pursuit and defense of client's rights and interests
before the court, will be transgressive, anarchic, riotous, lawbreaking, defiant and
disobedient to courts, if there are no sets of governing rules to limit the
parameters and tame the exercise of the profession.
Legal ethics will guard against the abuses and ills of the profession such as
dishonesty, deceit, immorality, negligence, slothness, lack of diligence and the
many forms of malpractice of the members of the bar. On the positive side, it will
raise the standard of the legal profession, encourage and enhance the respect for
the law, assure an effective and efficient administration of justice, assist in the
keeping and maintenance of law and order in coordination with the other
departments of government. It also provides the basis for weeding out the unfit
and the misfits in the legal profession for the protection of the public. (Pineda,
Legal and Judicial Ethics, 1994 Ed., pp.1 and 2).
Original Bases of Legal Ethics:
1. Canons of Professional Ethics

2. Supreme Court Decisions:
3. Constitution
4. Treatises and publications
5. Statistics
Present Basis of the Philippine Legal System : Code of Professional Responsibility.

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DEFINITION OF TERMS
Bar vs. Bench

- Refers to the whole body of attorneys and denotes the whole body
of judges, counselors, collectively the members of the legal profession
Practice of Law - any activity, in or out of court which requires the application of
law, legal procedure, knowledge, training and experience. To
engage in the practice of law is to give notice or render any kind of
service, which device or service requires the use in any degree of
legal knowledge or skill (Cayetano v. Monsod, 201 SCRA 210).
Attorney-at-law/Counsel-at-law/Attorney/Counsel Abogado/Boceros:
- that class of persons who are licensed officers of the courts,
empowered to appear, prosecute and defend; and upon whom
peculiar duties, responsibilities, and liabilities are developed the
law as a consequence (Cui v. Cui, 120 Phil. 729).
Attorney In fact - an agent whose authority is strictly limited by the instrument

appointing him, however, he may do things not mentioned in his
appointment but are necessary to the performance of the duties
specifically required of him by the power of attorney appointing
him, such authority being necessarily implied. He is not necessarily
a lawyer.
Counsel de Oficio - a counsel, appointed or assigned by the court, from among

members of the Bar in good standing who, by reason of their
experience and ability, may adequately defend the accused.
Note: In localities where members of the Bar are not available, the
court may appoint any person, resident of the province and good
repute for probity and ability, to defend the accused. Sec. 7, Rule
116, Rules of Court.
Attorney ad hoc' - a person named and appointed by the court to defend an absentee
defendant in the suit in which the appointment is made (Bienvenu
v. Factor's of Traders Insurance Cp., 33 La.Ann.209)
Attorney of Record - one who has filed a notice of appearance and who hence is
formally mentioned in" court records as the official attorney of the
party. Person whom the client has named as his agent upon whom
service of papers may be made. (Reynolds v. Reynolds, Cal.2d580).
Of Counsel - to distinguish them from attorneys of record, associate attorneys are

referred to as "of counsel" (5 Am. Jur. 261).
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Lead Counsel - The counsel on their side of a litigated action who is charged with
the principal management and direction of a party's case.
House Counsel - Lawyer who acts as attorney for business though carried as an
employee of that business and not as an independent lawyer.
Bar Association - an association of members of the legal profession.
Advocate - The general and popular name for a lawyer who pleads on behalf of
someone else.
Barrister' (England) - a person entitled to practice law as an advocate or counsel in

superior court.
Proctor (England) - Formerly, an attorney in the admiralty and ecclesiastical courts

whose duties and business correspond to those of an attorney at
law or solicitor in Chancery.
Titulo de Abogado - It means not mere possession of the academic degree of
Bachelor of Laws but membership in the Bar after due admission
thereto, qualifying one for the practice of law.
ADMISSION TO THE PRACTICE OF LAW
The Supreme Court has the power to control and regulate the practice of law. Thus, the
Constitution, under Article VIII, Sec. 5 (5) provides:
See. 5. The Supreme Court shall have the following powers:

(5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading practice and procedure in all courts the
admission to the practice of law, the Integrated Bar and legal assistance to
the under privileged.
The Supreme Court acts through a Bar Examination Committee in the Exercise of
his judicial function to admit candidates to the legal profession.
The Bar Examination Committee:

• Composed of (1) member of the Supreme Court who acts as Chairman and
eight (8) members of the bar.
• The 8 members act as examiners for the 8 bar subjects with one subject
assigned to each.
• The "Bar Confidant acts as a sort of liaison officer between the court and the
Bar Chairman on the other hand, 'and the individual members of the
committee on the other. He is at the same time a deputy clerk of .court.
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• Admission of examinees is always subject to the final approval of the court.
Practice of Law
The practice of law is a PRIVILEGE granted only to those who possess the
STRICT INTELLECTUAL AND MORAL QUALIFICATIONS required of lawyers
who are instruments In the effective and efficient administration of justice. (In Re:
Argosino, 1997).
Practice of law means any activity, in or out of court, which requires the
application of law, legal procedure, knowledge, training, and experience. "To
engage in the practice of law is to perform those acts which are characteristics of
the profession. Generally to practice law is to give notice or render any kind of
service which device or service requires the use in any degree of legal knowledge
or skill." (Cayetano vs. Monsod, 20.1 SORA 210 citing 111 AI..R 23).
Requirements for admission to the Bar:
1. Citizen of the Philippines

2. At least 21 years old
3. Of good moral character
4. Resident of the Philippines
5. Production before the Supreme Court satisfactory evidence of:
a. Good moral character
b. No charges against him, involving moral turpitude, have been filed or are
pending in any court in the Philippines.
Requirement of Good Moral Character: a continuing requirement; good moral

character is not only a condition precedent for admission to the legal profession,
but it must also remain intact in order to maintain one's good standing In that
exclusive and honored fraternity. (Tapucar VS. Tapucar, 1998)
Academic Requirements for Candidates:
1. A bachelor's degree in arts and sciences (pre-law course)

2. A completed course in:
a. Civil law
b. Commercial law
c. Remedial law
d. Public international law
e. Private international law
f. Political law
g. labor and social legislation
h. Medial jurisprudence
I. Taxation
j. Legal ethics
Non-lawyers who may be authorized to appear in court:

1. Cases before the MTC: Party to the litigation, in person OR through an agent
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or friend or appointed by him for that purpose (Sec. 34, Rule 138, RRC)
2. Before any other court Party to the litigation, in person (Ibid.)
3. Criminal case before the MTC In a locality where a duly licensed member of
the Bar is not available: the judge may appoint a non-Lawyer who is:
a. Resident of the province
b. Of good repute for probity and ability to aid the accused in his defense
(Rule 116, Sec. 7, RRC).
4. Legal Aid Program - A senior law student, who /s enrolled in a recognized
law school's clinical education program approved by the Supreme Court may
appear before any court without compensation, to represent indigent clients,
accepted by the legal Clinic of the law school. The student shall be under the
direct supervision and control of an IBP member duly accredited by the law
school.
5. Under the labor code, non-lawyers may appear before the NLRC or any labor
Arbiter, if
a. They represent themselves, or If
b. They represent their organization or members thereof (Art 222, PO 442,
as amended). "
6. Under the Cadastral Act, a non-lawyer can represent a claimant before the
Cadastral Court (Act no. 2259, Sec. 9).
Public Officials who cannot engage In the private practice of Law in the Philippines:
1. Judges and other "officials as employees of the Supreme Court (Rule 148, Sec.
35, RRC).
2. Officials and employees of the OSG (Ibid.)
3. Government prosecutors (People v. Villanueva, 14 SORA 109).
4. President, Vice-President, members of the cabinet, their deputies and
assistants (Art. VI/I Sec. 15, 1987 Constitution).
5. Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987
Constitution)
6. Ombudsman and his deputies (Art. IX, Sec. 8(2nd par), 1987 Constitution)
7. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
8. Those prohibited by special law
Public officials with Restrictions in the Practice of Law

1. No Senator as member of the House of Representative may personally appear
as counsel before any court of justice as before the Electoral Tribunals, as
quasi-judicial and other administration bodies (Art. VI, Sec. 14, 1987
Constitution).
2. Under the Local Government Code (RA 7160, Sec. 91) Sanggunian members
may practice their professions provided that if they are members of the Bar,
they shall not:
a. Appear as counsel before any court in any civil case wherein a local
government unit any office, agency, or instrumentality of the government
is the adverse party;
b. Appear as counsel in any criminal case wherein an officer or employee of
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the national or local government is accused of an offense committed in
relation to his office;
c. Collect any fee for their appearance in administrative proceedings
involving the local government unit of which he is an official;
d. Use property and personnel of the government except when the
Saggunian member concerned is defending the interest of the government.
3. Under RA 910, Sec. 1 as amended, a retired justice or judge receiving pension
from the government, cannot act as counsel in any civil case in which the
Government, or any of its subdivision or agencies is the adverse party or in a
criminal case wherein an officer or employee of the Government is accused of
an offense in relation to his office.
Attorney's Oath
“I,___________________, do solemnly swear that I will maintain allegiance

to the Republic of the Philippines; I will support its constitution and obey
the laws as well as the legal orders of the duly constituted authorities
therein; I will do no falsehood, nor consent to the doing of any in court; I
will not willingly nor wittingly promote or sue any groundless, false or
unlawful suit, or give aid nor consent to the same; I will delay no man for
money or malice, and will conduct myself as a lawyer according to the
best of my knowledge and discretion, with all good fidelity as well to the
court as to my clients; and I impose upon myself this voluntary obligations
without any mental reservation or purpose of evasion. So help me
God”(Form 28, RRC)
Nature of Lawyer’s Oath
• The lawyer’s oath is not mere facile words, drift and hollow, but a sacred trust
that must be upheld and kept inviolable. (Sebastian vs. Calis, 1999)
• It is NOT a mere ceremony or formality for practicing law. Every lawyer should
at all times weigh his actions according to the sworn promises he made when
taking the lawyer’s oath. (In Re: Argosino, 1997, In Re: Arthur M. Cuevas, 1998).
State the concept of attorney's fee.
Attorney's fee is the reasonable compensation paid to a

lawyer for the legal services he has rendered to a client. It
may also be an indemnity for damages ordered by the court
to be paid by the losing party to the prevailing party in
litigation.
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Define contingent fee.

Contingent fee is one depending on the success of the services to be
performed (7 C.J.S. 1062).
Define contingent fee contract.

Contingent fee contract is a bilateral, entire agreement, speculative in
nature, providing for conditional compensation of an attorney. (7 C.J.S. 1062).
Give the distinction between contingent fee contracts and champertous contracts.
1. In a champertous contract, the attorney undertakes to bear all expenses
incident to the litigation. This is not true in contingent fee contracts.
2. Champertous fees are payable only in kind, out of the properties
recovered; whereas, contingent fees may be paid in cash.
Champertous contracts are void as against public policy
and the ethics of the profession; whereas, contingent fee
contracts are valid. (Canons of Professional Ethics, 42).
ATTORNEY'S FEES
Q -May a lawyer in a probate case which was dismissed appeal the

dismissal to enforce his attorney's fees based on contingency? Why?
-No. If the probate of a will is dismissed, the lawyer cannot appeal to

enforce his fees. Since the contingency did not occur due to the dismissal
of the petition, the lawyer is not entitled to his attorney's fees.
Q -Is a contract between a lawyer and his client stipulating a contingent

fee covered by the prohibition under Article 1491(5) of the New Civil
Code?
-No because the payment of said fee was not made during the pendency of
the litigation but only after the judgment has been rendered in the case
handled by the lawyer. (Fabillo vs. lAC, 195 SCRA 28, March 11, 1991).
Q -Are initial fees and fees paid in the progress of litigation part of the
contingent fees?
-No, they are independent of the contingent fees. The fact that a lawyer
may have been paid substantially (in initial fees) while the case was
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dragging is no justification for denying him the full amount under the
contingent fee contract with a client. (Law Firm of Raymundo Armovit vs.
CA, 202 SCRA 16, Sept. 27, 1991).
Q -A lawyer whose services were engaged on a contingency basis was

terminated by his client due to his refusal to represent him in an
extrajudicial settlement of the claim. State the effect of such termination.
-An attorney hired on a contingent basis and whose services were

terminated by his clients because of his refusal to represent them in an out
of court settlement of their claims has no right to interfere in the imple-
mentation of the settlement agreement in his efforts to collect attorney's
fees not due him. (Chua vs. NLRC, 190 SCRA 558, Oct. 17, 1990).
Q -Is the agreement between a lawyer and his client which provides that
the latter agrees on a 50% contingent fee provided the former defrays all
expenses for the suit, including court fees, valid?
-No, such agreement is null and void for being a champertous agreement.
(Bautista vs. Gonzales, supra).
Q -When may a lawyer validly advance the expenses of litigation?
-A lawyer may in good faith advance the expenses of litigation provided

the same should be subject to reimbursement. (Bautista vs. Gonzales,
supra).
Q- -What is the nature of a charging lien?
A charging lien, to be enforceable as security for the payment of attorney's

fees, requires as a condition sine qu non a judgment secured in the main
action by the attorney in favor of his client. It is not of the nature which
attaches to the property in litigation, but is at most a personal claim
enforceable by a writ of execution. It presupposes that the attorney has se-
cured a favorable money judgment for his client. A charging lien is limited
only to money judgments and not to judgments for the annulment of a
contract or for delivery of real property. (Metropolitan Bank and Trust
Company vs. CA, 181 SCRA 367, Jan. 23,1990).
Q - What court has jurisdiction over an enforceable charging lien?
-An enforceable charging lien, duly recorded, is within the jurisdiction of

the court trying the main case. This jurisdiction subsists until the lien is
settled. (Metropolitan Bank and Trust Company vs. CA, supra).
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Q - How may a lawyer enforce his right to attorney's fees?
By filing the necessary petition as an incident in the main action in which his
services were rendered when something is due his client in the action from
which the fee is to be paid. (Metropolitan Bank and Trust Company vs. CA)
Q -How may a lawyer assert his claim for attorney's fees?
-Counsel's claim for attorney's fees may be asserted either in the very action
in which the services in question have been rendered for or in a separate
action. If the first alternative is chosen, the Court may pass upon said claim
even if its amount were less than the minimum prescribed by law for the
jurisdiction of said court, upon the theory that the right to recover attorney's
fees is but an incident of the case in which the services of counsel have been
rendered. (Quirante vs. Intermediate Appellate Court, G.R. No. 73886, 31
Jan. 89).
Q - How may a petition for the recovery of attorney's fees be established?
A petition for the recovery of attorney’s fees, either as a separate civil suit or
as an incident in the main action has to be prosecuted and the allegations
therein established as in any other money claim. The persons who are
entitled to or who must pay attorney's fees have the right to be heard upon
the question of their propriety or amount. Hence, the obvious necessity of a
hearing is beyond cavil. (Metropolitan Bank and Trust Company vs. CA,
supra).
Q- How do you consider a contract for the payment of attorney's fees?

A stipulation regarding the payment of attorney's fees is neither illegal nor
immoral and is enforceable as the law between the parties as long as such
stipulation does not contravene law, good morals, good customs, public
order or public policy. (Reparations Commission vs. Visayan Packing
Corporation, 191 SCRA 531, Feb. 6, 1991). So that if a lawyer who rendered
services to a labor union with the knowledge and acquiescence of its Board
is entitled to the reasonable value of his professional services on a quantum
meruit basis, especially if such services redounded to the benefit of the union
although his appointment as union counsel was not authorized by a Board
Resolution. (Hipolito, Jr. vs. Ferrer-Calleja, 190 SCRA 182, Oct. 1, 1990).
Q -If a lawyer claims and enforces his claim for attorney's fees, is he required
to pay docket fees? Why?
-Yes. A motion for attorney's fees is in the nature of an action commenced by
a lawyer against his client for attorney's fees, hence, docket fees should have
been priory paid before the court could lawfully act on said motion, and
decide it. It may be true that the claim for attorney's fees was but an incident
in the main case, still, It is not an escape valve from the payment of docket
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fees because as in all actions, whether separate or as an offshoot of a pending
proceedings, the payment of docket fees is mandatory. (Lacson vs. Reyes, 182
SCRA 729, Feb. 26, 1990).
Q- May the court modify an agreement for the payment of attorney's fees?
-Yes. Courts may modify attorney's fees previously agreed upon by the
parties under a valid contractual stipulation where the amount thereof
appears to be unconscionable or unreasonable. (Radiowealth Finance Co., Inc.
vs. Int'I. Corporate Bank, 182 SCRA 862, Feb. 28, 1990).
Q- May an executor or administrator recover attorney's fees for his services to

the estate? Why?
- No. An administrator or executor may be allowed fees for necessary expenses he has
incurred but he may not recover attorney's fees from the estate. Where the
administrator is himself the counsel for the heirs, it is the latter who must pay
attorney's fees. (Lacson vs. Reyes, supra)
Q. If the individual heirs in an estate proceedings hired their own lawyers, is

the estate liable for attorney's fees? Why?
No. In estate proceedings, attorney's fees are not the obligation of the estate
but of the individual heirs who individually hired their respective lawyers.
The lawyer should collect from the heirs distributes who individually hired
him his attorney's fees according to the nature of the services rendered.
(Sesbreno vs. CA, 213 SCRA 681, Sept. 4, 1992).
Q -What is the nature of an award of attorney's fees under Art. 2208 of the Civil
Code? Explain.
An award of attorney's fees as an item of damages is the exception rather than

the rule, and counsel's fees are not to be awarded every time a party wins a
suit. The power of the court to award attorney's fees under Article 2208 of the
Civil Code demands factual, legal and equitable justification, without which
the award is a conclusion without a premise, its basis being improperly left to
speculation and conjecture. The court must explicitly state thereof the legal
reason for the award of attorney's fees. (Central Azucarera de Bais vs. CA, 188
SCRA 328, Aug. 3, 1990.)
Q - When is the principle of quantum meruit applied?
-It is applied if a lawyer is employed without a price agreed upon for his
services. In which case, he would be entitled to receive when merits for his
services, as much as he has earned. (Lorenzo vs. CA, supra
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)
Q. (A) In the absence of a written contract between attorney and client, what
factors are to be considered in determining the amount of attorney's fees?
(1966 Bar)
(B) What elements are generally to be considered in fixing reasonable
compensation for legal services rendered on the basis of quantum meruit?
(1968 Bar)
(c) What are the criteria in determining the reasonable amount that may be
awarded as attorney's fees? Give at least seven factors. (1970 Bar)
(D) If the Court decides that the counsel of a party to a case may recover
attorney's fees on the basis of "quantum meruit", what does the order of the
court mean? (1971 Bar)
(E) What factors must be considered by the court in determining attorney's
fees in the absence of a written contract? (1972 Bar)
(F) What are the factors that should be considered in determining the
amount to be awarded as attorney's fees? (1977 Bar)
A. The factors, in determining the amount to be awarded as attorney's fees on
a quantum meruit are:
1. The importance of the subject matter of the controversy;
2. The extent of the services rendered; and
3. The professional standing of the lawyer (Sec. 24, Rule 138, Revised
Rules of Court).
Supreme Court decisions mentioned the following factors: (1) The amount and
character of the services rendered; (2) The labor, time, and trouble involved; (3) The
nature and importance of the litigation or business in which the services were rendered;
(4) The responsibility imposed; (5) The amount of money or the value of the property af-
fected by the controversy or involved in the employment; (6) The skill and experience
called for in the performance of the services; (7) The professional character and social
standing of the attorney; and (8) The results secured, it being a recognized rule that an
attorney may properly charge a much larger fee when it is contingent than when it is
not.
The Canons of Professional Ethics consider the following factors, namely: (1) The
time and labor required, the novelty and difficulty of the questions involved and the
skill required properly to conduct the cause; (2) Whether the acceptance of employment
in the particular case will preclude the lawyer's appearance for others in cases likely to
arise out of the transaction, and in which there is a reasonable expectation that
otherwise he could be employed in particular case of antagonisms with other clients; (3)
The customary charges of the BAR for similar services; (4) The amount involved in the
controversy and the benefits resulting to the client from the services; (5) The
contingency or the certainty of the compensation; and (6) The character of the
employment, whether casual or for an established and constant client. (Canons of
Professional Ethics, 12; Mambulao Lumber. Co. vs. PNB, G.R. No. L-22973, January 30,
1968).
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Q - May a lawyer be entitled to compensation for services he rendered?
-Yes. A lawyer has a right to recover from his client a reasonable

compensation for his services, except if he agreed to render services for
free or gratuitously or if he has been appointed as counsel de oficio.
Q - What are the requirements before a lawyer maybe entitled to

compensation?
- The requirements are:

(1). There must be a lawyer-client relationship or in short, employment;
(2) There must be rendition of service.
Q -Who may not charge attorney's fees?
- The following may not charge attorney's fees:

1) government lawyers;
2) executor or administrator of an estate;
3) counsel de oficio except that he may be entitled to a token
compensation.
Q - State some acts of a lawyer that may negate the recovery of attorney's
fees.
- They are:
(1) misconduct, negligence or carelessness;
(2) abandonment or withdrawal without client's consent;
(3) representing adverse interest.
Q - State some acts that may not negate a lawyer's right to attorney's fees.
- They are:
(1) if the client withdrew the case or compromised it; and
(2) if he was discharged without valid cause.
Q - How may a lawyer enforce his claim for attorney's fees?
- He may do either of two (2) things:

(1) file a petition as an incident of the main action which may be passed
upon by the court if there is something due to the client in the action;
(2) file an independent action.
Q - A is the lawyer of B. During the pendency of the case, A wants to file a

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claim for attorney's fees in the same case amounting to P50, 000.00. B re-
sisted claiming that the RTC has no jurisdiction to pass upon it since
that is not within the jurisdiction of the court. Is the contention correct?
Why?
-No. The court may pass upon such claim even if the amount is less than
the minimum amount prescribed by law for the jurisdiction of the court.
(Quirante vs. CA, G.R. No. 73886, Jan. 31, 1989). This rule has to be so
because the claim is only incidental to the main action.
Q - What does it mean when a lawyer exercises his retaining lien?
- It does not:
(a) mean that he attached the funds which came to his possession in some
other capacity;
(b) extend to the funds of client's principal; or
(c) extend to subject matter of the action.
Q -When may the court require the surrender of funds or documents that
came into his possession?
- If the client posts a bond and when the documents are indispensable to
the case.
Q - When shall a retaining lien end?
-It ends when the possession lawfully ends.
Q - What are the requirements of a charging lien and when shall it take
effect?
- The requirements of a charging lien are:

(1) it should be filed while the court still has the records of the case and
before full satisfaction of the judgment; and
(2) copies of the statement must be served on the client who has the right
to dispute it, or on the adverse party in order to bind him. It shall take
effect from the time the lawyer caused a notice of his lien to be entered
in the records of the case.
Q - State the effects of a charging lien.

- They are:
(1) it gives the lawyer the right to collect out of the judgment and
executions in pursuance thereof;
(2) client or assignee who receives the proceeds of the judgment holds it
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in trust for the lawyer;
(3) judgment debtor who fully satisfies the judgment debt in disregard of
the lien is still liable for the full value thereof, enforceable by
execution;
(4) the lien enjoys preference of credit over a creditor who subsequently
recorded his credit; and
(5) it gives the lawyer a standing in the action to protest its discontinuance
by the client unless suitable measures for the protection of his fees are
provided. In fact, it has the effect of terminating the client-lawyer
relationship.
Q - Give the basic requirement for the validity of an award of attorney's

fees in a decision.
-An award of attorney's fees in the form of damages to be paid by the

losing party must be stated in the dispositive portion of the decision
giving a reason for the said award. It is necessary for the court to make
findings of facts and law that would bring the case within the exception to
justify the grant of such award. (Lantin vs. CA, uncited). An award of
attorney's fees in accordance with Art. 2208 of the Civil Code demands
factual, legal and equitable justification without which the award is a
conclusion without a premise its basis being improperly left to speculation
and conjecture. The reasons for the award must be explicitly stated in the
text of the trial court's decision, otherwise, it will be disallowed on appeal.
(Central Azucarrera de Bais vs. CA, 188 SCRA 328; Radiowealth
Communication vs. Rodriguez, 182 SCRA 899).
Q -Is a government-owned or -controlled corporation represented by

the Office of the Government Corporate Counsel entitled to
attorney's fees? Why?
-Yes. There is, as a matter of principle, no reason why a government
owned or -controlled corporation, or any other government agency or
entity for that matter, which was compelled to bring suit against a private
person or entity in order to protect its rights and interests, should not be
granted an award of attorney's fees, where such award would be proper if
the suit had been brought by a private entity. While such a corporation,
agency, or entity may be represented by government lawyers, clearly,
costs are incurred either by the plaintiff-corporation or entity directly or
by the general tax-paying public indirectly, by reason of the default or
other breach of contract or violation of law committed by the defendant.
Q - The services of a lawyer were terminated before his client
compromised the case. Is he entitled to contingent attorney's fees? Why?
- No, because he did not participate in the negotiations for the settlement
of the case. Since he did not take part in the settlement, there is 11,0 basis
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for attorney's fees. However, if he participated in the negotiation for
settlement of his client's case, he is entitled to his fees agreed upon. In fact,
the client can even be liable for damages for his bad faith if there is any.
Q -May a lawyer get the entire property in the litigation after the
termination of the case? Why?
No, because that would be unconscionable. A lawyer is not merely the

defender of his client's cause and a trustee of the client in respect of the
client's cause of action; he is also, and first and foremost, an officer of the
court and participates in the fundamental function of administering justice
in society. It follows that a lawyer's compensation for professional services
rendered are subject to the supervision of the court, not just to guarantee
that the fees he charges and receives remain reasonable and
commensurate with the services rendered, but also to maintain the dignity
and integrity of the legal profession to which he belongs. Upon taking his
attorney's oath as an officer of the court, a lawyer submits himself to the
authority of the courts to regulate his right to charge professional fees.
There should never be an instance where a lawyer gets as attorney's fees
the entire property involved in the litigation (even on a contingent fee
basis). It is unconscionable for the victor in litigation to lose everything he
won to the fees of his own lawyer. (Sumaoang vs. Judge, RTC Branch
XXXI, Guiniba, Nueva Ecija, et ai., 215 SCRA 137).
Q -A engaged the services of a lawyer in the recovery of a parcel of land

consisting of 121 square meters. They agreed that the attorney's fee~ is
based on a contingency where if the property is recovered, the lawyer's
son would be entitled to a usufruct at 97.5 square meters of the land for
10 years. Is the contingent fee contract valid? Why?
-No, because the contract is tantamount to giving the property of the client
to the lawyer. The contract is deemed excessive. There should not be an
instance wherein the victor in litigation loses everything to his lawyer.
(Licudan vs. CA, 193 SCRA 293).
THE LAWYER AND SOCIETY
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE

LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND
________________________________________________________________
LEGAL PROCESSES.
• RULE 1.01- A lawyer shall not to engage in unlawful, dishonest, immoral or

deceitful conduct. Conviction for crimes involving moral turpitude - a
number of lawyers have been suspended or disbarred for conviction of crimes
involving moral turpitude such as:
a. Estafa
b. Bribery
c. Murder
d. Seduction
e. Abduction
f. Smuggling
g. Falsification of public documents
• Morality as understood in law - This Is a human standard based on natural

moral law which is embodied in man's conscience and which guides him to
do good and avoid evil.
• Moral Turpitude: any thing that is done contrary to justice, honesty, modesty
or good morals.
• Immoral Conduct: that conduct which is willful, flagrant, or shameless and
which shows a moral indifference to the opinion of the good and respectable
members of the community (Artiga VS. Maniwag, 106 SCRA 591).
• Grossly Immoral Conduct: One that is so corrupt and false as to constitute a
criminal act or so unprincipled or disgraceful as to be reprehensible to a high
degree; it is a WILLFUL, FLAGRANT or SHAMELESS ACT which shows a
MORAL INDIFFERENCE to the opinion of respectable members of the
community. (Narag VS. Narag, 1998)
• An attorney may be removed not only for malpractice and dishonesty in his
profession but also for gross misconduct not related to his professional duties
which show him to be an unfit and unworthy lawyer.(Co VS. Bernardino, 285
SCRA 102).
RULE 1.02- A lawyer shall not to counsel or abet activities aimed at defiance of the
law or at lessening confidence in the legal system.
RULE 1.03- A lawyer shall not, for any corrupt motive or interest, encourage any
suit or proceeding or delay any man’s cause.
RULE 1.04 - A lawyer shall encourage his clients to avoid, end or settle a
controversy if it will admit of a fair settlement.
• If a lawyer finds that his client's cause is defenseless, it is his burden/duty to
advise the latter to acquiesce and submit, rather than traverse the
incontrovertible.
• It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except
in rare cases where the blood, relationship or trust makes it his duty to do so.
• Temper client's propensity to litigate
• Should not be an instigator of controversy but a mediator for concord and
conciliator for compromise.
• The law violated need not be a penal law. “Moral Turpitude" - everything
which is done contrary to justice, honesty, modesty or good morals.
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• Give advice tending to impress upon the client and his undertaking exact
compliance with the strictest principles of moral law.
• Until a statute shall have been construed and interpreted by competent
adjudication, he is free and is entitled-to advise as to its validity and as to
what he conscientiously believes to be it just meaning and extent.
• A lawyer has the obligation not to encourage suits. This is so as to prevent
barratry and ambulance chasing.
• Barratry - offense of frequently exciting and stirring up quarrels and suits,
either at law or Otherwise; Lawyer's act of fomenting suits among individuals
and offering his legal services to one of them.
• Ambulance Chasing- Act of chasing victims of accidents for the purpose of
talking to the said victims (or relatives) and offering his legal services for the
filing of a case against the person(s) who caused the accident(s).
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES

AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER
COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND
EFFECTIVENESS OF THE PROFESSION.
RULE 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the
defenseless or the oppressed.
RULE 2.02 - In such cases, even if the lawyer does not accept a case, he shall not
refuse to render legal advice to the person concerned if only to the extent necessary
to safeguard the latter's rights.
RULE 2.03 - A lawyer shall not do or permit to be done any act designed primarily
to solicit legal business.
Primary characteristics which distinguish the legal profession from business:

a. Duty of service, of which the emolument is a by product, and in which one
may attain the highest eminence without making such money;
b. A relation as an 'officer of court' to the administration of justice involving
thorough sincerity, integrity and reliability;
c. A relation to clients in the highest degree of fiduciary;
d. A relation to colleagues at the bar characterized by candor, fairness and
unwillingness to resort to current business methods of advertising and
encroachment on their practice or dealing with their clients.
• Defenseless - not in the position to defend themselves due to poverty,

weakness, ignorance or other similar reasons.
• Oppressed - victims of acts of cruelty, unlawful exaction, domination or
excessive use of authority.
Rule on Advertisements
• General Rule: No advertisements allowed. The most worthy and effective
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advertisement possible is the establishment of a well-merited reputation for
professional capacity and fidelity to trust.
Lawyers may not advertise their services or expertise nor should not resort
to indirect advertisements for professional employment, such as furnishing
or inspiring newspaper comments, or procuring his photograph to be
published in connection with causes in which the lawyer has been engaged
or concerning the manner of their conduct, the magnitude of the interest
involved, the importance of the lawyer's position, and all other self-
laudation.
• Exceptions: Permissible advertisements
1. Reputable law lists, in a manner consistent with the standards of. Conduct
imposed by the canons, of brief biographical and informative data, are
allowed. (Ulep vs. Legal Clinic, Inc., 223 SCRA 378)
2. Ordinary simple professional Card. It may contain only a statement of his
name, the name of the law firm which he is connected with, address,
telephone number and the special branch of law practiced. (Ulep vs. Legal
Clinic, Inc., 2~3 SCRA 378)
3. A simple announcement of the opening of a law firm or of changes in the
partnership, associates, firm name or office address, being for the
convenience of the profession, is not objectionable. (Ulep vs. Legal Clinic,
Inc., 223 SCRA 378)
4. Advertisements or simple announcement of the existence of a lawyer or
his law firm posted anywhere it is proper such as his place of business or
residence except courtrooms and government buildings.
5. Advertisements or announcement in any legal publication, including
books, journals, and legal magazines and in telephone directories.
RULE 2.04 - A lawyer shall not charge rates lower than those customarily
prescribed unless the circumstances so warrant.
• A lawyer cannot delay the approval of a compromise agreement entered
into between parties, just because his attorney's fees were not provided for
in the agreement.
• Rule: A lawyer cannot compromise the case without client's consent (special.
authority).
Exception: Lawyer has exclusive management of the procedural aspect of
the litigation lawyer is confronted with an emergency and
prompt/urgent action is necessary to protect clients interest and there's
no opportunity for consultation, the lawyer may compromise.
• Rule: Refrain from charging rates lower than the customary rates. Valid
Justification: relatives, co-lawyers, too poor.
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CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL

USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE
INFORMATION OR STATEMENT OF FACTS.
RULE 3.01 - A lawyer shall not use or permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-laudatory or unfair statement or claim
regarding his qualifications or legal services.
RULE 3.02 - In the choice of a firm name, no false, misleading or assumed name
shall be used. The continued use of the name of a deceased partner is permissible
provided that the firm indicates in all its communications that said partner is
deceased.
RULE 3.03 - Where a partner accepts public office, he shall withdraw from the firm
and his name shall be dropped from the firm name unless the law allows him to
practice law concurrently.
RULE 3.04 - A lawyer shall not payor give anything of value to representatives of
the mass media in anticipation of, or in return for, publicity to attract legal business.
• It is unethical to use the name of a foreign firm.

• Death of a partner does not extinguish attorney-client relationship with the
law firm.
Negligence of a member in the law firm is negligence of the firm.
CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF

THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW
REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF
JUSTICE.
! Examples: Presenting position papers or resolutions for the
introduction of pertinent bills in Congress; Petitions with the Supreme
Court for the amendment of the Rules of Court.
CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL

DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION
PROGRAMS, SUPPORT EFFORTS TO ACHIVE HIGH STANDARDS IN LAW
SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW
STUDENTS AND ASSIST IN DISSEMINATING INFORMATION
REGARDING THE LAW AND JURISPRUDENCE.
Objectives of integration of the Bar

• To elevate the standards of the legal profession
• To improve the administration of justice.
• To enable the Bar to discharge its responsibility more
effectively.
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The three-fold obligation of a lawyer
• First, he owes it to himself to continue improving his knowledge of the
laws;
• Second, he owes it to his profession to take an active interest in the
maintenance of high standards of legal education;
• Third, he owes it to the lay public to make the law a part of their social
consciousness.
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN

GOVERNMENT SERVICE IN THE DISCHARGE OF THEIR OFFICIAL TASKS.
• Public Officials - include elective and appointive officials and employees,

permanent or temporary, whether in the career or non-career service,
including military and police personnel, whether or not they receive
compensation, regardless of amount. (Sec. 3 (b), RA 6713).
• The law requires the observance of the following norms of conduct by every
public official in the discharge and execution of their official duties:
a. Commitment to public interest
b. Professionalism
c. Justness and sincerity
d. Political neutrality
e. Responsiveness to the public
f. Nationalism and patriotism
g. Commitment to democracy
h. Simple living (Sec. 4, RA 6713)
RULE 6.01 - The primary duty of a lawyer engaged in public prosecution is not to
convict but to see that justice is done. The suppression of facts or the concealment
of witnesses capable of establishing the innocence of the accused is highly repre-
hensible and is cause for 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 duties.
RULE 6.03 - A lawyer shall not, after leaving a government service, accept
engagement or employment in connection with any matter in which he had
intervened while in said service.
• Various ways a government lawyer leaves government service:
a. Retirement
b. Resignation
c. Expiration of the term of office
d. Dismissal
e. Abandonment
Q: What are the pertinent statutory provisions regarding this Rule?

Sec. 3 (d) RA 3019 as amended and Sec. 7 (b), RA 6713
Sec 3. Corrupt practice of Public Officers. In addition to acts or omission of public
officers already penalized by existing law, the following shall constitute corrupt
practice of any public officer and are hereby declared to be unlawful:
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(d) accepting or having any member of his family accept employment in a private
enterprise which has pending official business with him during the pendency
thereof or within one year: after termination.
Section 7 (b) of RA 6713 prohibits officials from doing any of the following
acts:
1. Own, control, manage or accept employment as officer, employee,
consultant,
counsel, broker, agent, trustee or nominee in any private enterprise
regulated,
supervised or licensed by their office unless expressly allowed by law.
These prohibitions shall continue to apply for a period of one (1) year after
resignation, retirement, or separation from public office, except in the case
of subparagraph (b) (2) above, but the professional concerned cannot
practice his profession in connection with any matter before the office he
used to be with, in which case the one year prohibition shall likewise
apply.
Q -State the basic duties of a lawyer to society.

-The Code of Professional Responsibility mandates that:
1. A lawyer shall uphold the Constitution, obey the laws of the land and
promote respect for law and legal processes;
2. A lawyer shall make his legal services available in an efficient and
convenient manner compatible with the independence, integrity, and
effectiveness of the profession;
3. A lawyer in making known his legal services shall use only true, honest,
fair, dignified and objective information or statement of facts;
4. A lawyer shall participate in the development of the legal system by
initiating or supporting efforts in law reform and in the improvement of
the administration of justice;
5. A lawyer shall keep abreast of legal development, participate in
continuing legal education programs, support efforts to achieve high
standards in law schools as well as in the practical training of law students
and assist in disseminating information regarding the law and
jurisprudence;
6. These canons shall apply to lawyers in government service in the
discharge of their official tasks.
Q - A lawyer procured personal loans from the complainant through

insinuations of his power as an influence peddler at the Bureau of
Customs, and issued bad checks. If an administrative case is filed
against him, can he interpose the defense that his conducts were not
connected to the practice of his profession? Explain.
-No. Rule 1.01, Chapter 1 entitled The Lawyer and Society of the Code of
Professional Responsibility which requires that a lawyer shall not engage in
________________________________________________________________
unlawful, dishonest, immoral and deceitful conduct does not limit itself to
conduct exhibited in connection with the performance of professional duties.
His propinquity for employing deceit and misrepresentations as well as his
cavalier attitude towards incurring debts without the least intention of
repaying them is reprehensible. This disturbing behavior cannot be tolerated
especially if the lawyer is an officer of the court.
Q - What is the lawyer's primary duty to society?
- The lawyer's primary duty to society or to the State is to uphold the

Constitution, obey the laws of the land and promote respect for law and
legal processes. (Canon 1, Code of Professional Responsibility). Thus, it
has been said that "to say that lawyers must at all times uphold and
respect the law is to state the obvious". Considering that, "of all classes of
professions, lawyers are most sacredly bound to uphold the law," (Ex
parte Wall, 107 U.S. 265; cited in Malcolm, Legal and Judicial Ethics, p.
214), it is imperative that they live by the law. Accordingly, lawyers who
violate their oath and engage in deceitful conduct have no place in the
legal profession. (Victoriano P. Resurreccion vs. Atty. Ciriaco C. Sayson,
Adm. Case No. 1037, 101 SCAD 654, December 14, 1998).
Q -Where is the duty of a lawyer to uphold the constitution, obey the law,
etc. enshrined?
- The duty of a lawyer to uphold the Constitution, obey the laws of the
land and promote respect for the law and legal processes is enshrined in
the Attorney's Oath which every lawyer must take before he may practice
law. Such oath runs thus:
"I... do hereby solemnly swear that I will maintain allegiance to the
Republic of the Philippines; I will support its Constitution and obey the
laws as well as the legal orders of the duly constituted authorities therein;
I will do no falsehood, nor consent to the doing of any in court; I will not
wittingly or willingly promote or sue any groundless, false or unlawful
suit, or give aid nor consent to the same; I will delay no man for money or
malice; and will conduct myself as a lawyer according to the best of my
knowledge and discretion, with all good fidelity as well to the courts as to
my clients; and I impose upon myself this voluntary obligation without
any mental reservation or purpose of evasion. So help me God."
Q -A lawyer was convicted of the crime of estafa. Can he be disbarred?

Why?
-Yes, because for having been convicted of estafa, such lawyer does not
possess good moral character. A lawyer who had been convicted of estafa
does not possess moral turpitude. Moral turpitude includes everything
which is done contrary to justice, honesty and good morals. Estafa, no
doubt, is a crime involving moral turpitude because the act is
unquestionably against justice, honesty and good morals. Good moral
________________________________________________________________
character is not only a condition precedent to admission to the legal
profession, but it must also remain extant in order to maintain one's good
standing in that exclusive and honored fraternity.
Law is a noble profession, and the privilege to practice it is bestowed only
upon individuals who are competent intellectually, academically and
equally important, morally. Because they are vanguards of the law, and
the legal system, lawyers must at all times conduct themselves, especially
in their dealings with their clients, and the public at large, with honesty
and integrity in a manner beyond reproach. (Victoriano O. Resurrection
vs. Atty. Ciriaco Sayson, Adm. Case No. 1037, December 14, 1998, 101
SCAD 654)
Q - May a lawyer who was convicted of the crime of violation of B.P. Big.
22 be disbarred? Why?
-Yes. The issuance of a bouncing check imports deceit and violation of the
attorney's oath and the Code of Professional Responsibility which requires
him to obey the laws of the land. Conviction of a crime involving moral
turpitude might not relate to the exercise of the profession of a lawyer, but
it certainly relates to and affects the good moral character of a person
convicted of such offense. (People vs. Tuanda, 181 SCRA 692). It must be
emphasized that the nature of the office of a lawyer requires that he shall
be a person of good moral character. This qualification is not only a
condition precedent to an admission to the practice of law; its continued
possession is also essential for remaining in the practice of law. (Victoriano
P. Resurreccion vs. Atty. Ciriano Sayson, supra).
Q -BG, a lawyer borrowed the records of a case. He, however, stole some
exhibits by tearing them off. Can he be disbarred? Why?
-Yes, BG can be disbarred. Well settled is the rule that a lawyer shall not
engage in unlawful, dishonest, immoral or deceitful conduct. The act of
stealing the exhibits can be considered as an unlawful and dishonest act of
a lawyer, a violation of his bounden duty under the Code of Professional
Responsibility. In the case at bar, BG has descended to the level of a
common thief (Fernandez vs. Benjamin Grecia, Adm. Case No. 3694, June
17, 1993,42 SCAD 438).
Q -One of the essential qualifications for a lawyer to maintain his standing

in the legal profession is honesty. Give examples of dishonest and de-
ceitful conduct of a lawyer.
- They are:
1. Misappropriating a client's fund (Quilban vs. Robinol, 171 SCRA

769);
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2. Giving false statements under oath in an information sheet
submitted in connection with a lawyer's application for the position
of Chief of Police (Calo vs. Degano, 20 SCRA 447);
3. Maneuvering reconveyance of property in the name of the lawyer
instead of the client in a case involving sale with pacta de retro
(Imbuido vs. Fidel Sor Mangonon, 4 SCRA 760);
4. Falsification of grades in the Bar Examinations (In re: Del Rosario,
52 Phil. 399);
5. Delayed failure to account money collected for the client (Licuanan
vs. Melo, 170 SCRA 100);
6. Inducing someone to buy a parcel of land knowing that it is not for
sale (In re: Quiambao, 102 Phil. 940); and
7. Stealing evidence attached to the court records. (Fernandez vs.
Grecia, Adm. Case No. 3694, June 17, 1993, 42 SCAD 438).
Q - A lawyer who stole a document from the record of a case was

disbarred. Why?
-He is an officer of the court. He is like the court itself. An incorrigible

practitioner of dirty tricks would be ill-suited to discharge the role of an
instrument to advance the ends of justice. (Fernandez, et at. vs. Grecia,
supra).
Q - A lawyer shall not engage in immoral conduct. What degree of

immorality may cause the disbarment or disciplinary action against a
lawyer? Explain.
-For immorality to be a ground for disciplinary action, it must not only be
merely immoral but also grossly immoral. It means that the act must be
one which is unquestionably so corrupt or unprincipled. (Arciaga vs.
Maniwang, 106 SCRA 591)
Q - Give some examples of immoral conduct of a lawyer.
- They are:
1. Abandonment of wife and cohabiting with another woman. He can

be disbarred (Obusan vs. Ocusan, 128 SCRA 485);
2. Bigamy committed by lawyer (Terre vs. Terre, 211 SCRA 6);
3. Representing oneself to be eligible to marry when in fact he is not
(Barrientos vs. Daarol, Adm. Matter No. 1512, Jan. 29, 1993);
4. Having carnal knowledge with a woman through a promise of
marriage which he did not fulfill. He can be disbarred (Almirez vs.
Lopez, 27 SCRA 169);
5. Arranging the marriage of his son to a woman with whom he had
illicit relations and after the marriage, he continued his adulterous
________________________________________________________________
relations with her (Mortel vs. Aspiras, 100 Phil. 586);
6. Enveigling a woman into believing that they had been married
civilly to satisfy his carnal desires. He was disbarred (Cabrera vs.
Agustin, 106 Phil. 256; Pomperada vs. Jochico, 133 SCRA 309); and
7. Aintaining adulterous relationship with a married woman.
(Cordova vs. Cordova, 179 SCRA 680).
Q - A married B who was already a married woman although her marriage

was void for having married a first degree cousin. A studied law, gradu-
ated, passed the Bar Examinations where B practically was the one who
spent for him during his studies. A abandoned her and married C. Can
A maintain his standing in the legal profession? Why?
-No, because he violated his duty not to engage in immoral conduct. He

made a dupe of his wife, living on her bounty and allowing her to spend
for his schooling and marrying another girl as soon as he finished his
studies. (Terre vs. Terre, 211 SCRA 6).
Q - What is barratry?
- Barratry is the offense of frequently exciting and stirring up quarrels and

suits, either at law or otherwise. It is a lawyer's act of fomenting suits
among individuals and offering his legal services to one of them.
Q - What is an ambulance chaser?
-Ambulance chaser is a lawyer who haunts hospitals and visits the homes
of affected, officiously intruding their presence and persistently offering
his services on the basis of a contingent fee. (Warvelle, Legal Ethics, pp.
56-57).
Q - A filed a suit against B. They entered into a compromise agreement

but X, the lawyer B objected to it as his attorney's fees have not been
paid. Is the act of X proper? Why?
- No. It is the sworn duty of a lawyer not to delay any man's cause for
money or malice. A lawyer cannot delay the approval of a compromise
agreement entered into between the parties, just because his attorney's
fees were not provided for in the agreement. (Jesalva vs. Bautista, 105
Phil. 348).
Q - One of the duties of a lawyer is that, he shall not, for corrupt motive or
interest, encourage any suit or proceeding or delay any man's cause.
Give examples of instances of delay which can be considered
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condemnable.
ANS. - They are:
1. Resorting to technicalities to frustrate justice (Economic Insurance Co., Inc.

vs. Uy Realty Co., 34 SCRA 745);
2. Filing of multiple or repetitious petitions which obviously delay the

execution of a final and executory judgment (Gabriel vs. CA, 72 SCRA
273);
3. Filing of several actions covering the same subject matter or seeking

substantially identical relief (Macias vs. Uy Kim, 45 SCRA 251) or what is
otherwise known as forum shopping;
4. Filing of frivolous appeals for purposes of delay;
2. Filing of motions for postponement and other kinds of motion for dilatory
purposes;
6. Indiscriminate filing of suits against a party clearly intended for

harassment. ( Dimagiba14 vs. Montalvo, Jr., 202 SCRA 641).
Q - What is the duty of a lawyer in matters of settlement of cases and why?
-A lawyer shall encourage his clients to avoid, end or settle a controversy

if it will admit of a fair settlement. The reason is that, it will save the client
from additional expenses and help prevent the clogging of court docket.
(Pajares vs. Abad Santos, 30 SCRA 748).
Q - After the rendition of final and executory judgment in an unlawful

detainer case, a lawyer attempted to nullify the decision of the MTC,
Manila. Is the act of the lawyer proper? Why?
-No, because the act evinced a deliberate intent to prolong and delay the
inevitable execution of a final decision. A lawyer's oath is a solemn
agreement in dedicating oneself to the pursuit of justice, not mere fictive of
words, drift and hallow, but sacred trust. In so doing, the lawyer violated
his duty not to encourage any suit or proceeding or delay a man's cause
for corrupt motive or interest. (Masinsin, et al. vs. Hon. Ed Vincent S.
Albano, et al., G.R. No. 86421, May 31, 1994, 51 SCAD 476).
Q - What should a lawyer do if he cannot accept a case?
- If for valid reasons, a lawyer cannot accept a case, he should instead give
immediate legal advice. He should not refuse to provide legal advice. He
can even refer the case to another lawyer who can provide prompt
________________________________________________________________
assistance.
Q - What are some of the characteristics of the legal profession which

distinguish it from business?
They are:
1. A duty of public service of which the emolument is a by-product, and
in which one may attain the highest eminence without making much
money;
2.A relation as an officer of court to the administration of justice involving

thorough sincerity, integrity and reliability;
3. A relation to clients in the highest degree of fiduciary; and
4.A relation to colleagues at the bar characterized by candor, fairness and
unwillingness to resort to current business methods of advertising and
encroachment on their practice, or dealing directly with their clients. (In re:
Sycip, 92 SCRA 1).
Q - Explain the principle that the practice of law is a profession and not
a moneymaking trade.
- The rule is so, because in the fixing of attorney's fees, it must not be
forgotten that the profession is a branch of the administration of justice
and not a mere moneymaking trade. (Jayme vs. Bualan, 58 Phil. 422). It
is not a business but a profession. (In re: Tagorda, 53 Phil. 37). Counsel
of repute and of eminence welcome opportunities to be appointed
counsel de oficio for this makes manifest the principle that the practice
of law is dedicated to the ideal of service and not a mere trade.
(Ledesma vs. Climaco, 57 SCRA 473).
Q - A lawyer published in a newspaper that marriage license may be

promptly secured through his assistance and the annoyance of delay or
publicity is avoided if desired and marriage arranged to the wishes of
the parties. Was the act proper? Why?
-No, the advertisement was a flagrant violation of the ethics of his
profession it being a brazen solicitation of business from the public.
It is highly unethical for an attorney to advertise his talents or skills as a

merchant advertises his wares. Law is a profession and not a trade. The
lawyer degrades himself and his profession who stoops to and adopts the
practice of mercantilism by advertising his services or offering them to the
public. (Director of Religious Affairs vs. Bayot, 74 Phil. 579).
Q - What is the best form of advertisement of a lawyer?

________________________________________________________________
-The most worthy and effective advertisement possible even for a lawyer
is the establishment of a well merited reputation for professional capacity
and fidelity to trust. This cannot be forced but must be the outcome of
character and conduct. (Director of Religious Affairs vs. Bayot, 74 Phil.
579).
Q - When may a lawyer make a publication or advertisement in

newspapers, etc.?
-A lawyer may make certain publications or advertisements in

newspapers, or periodicals or magazines about the opening of a law
office, stating the names of the lawyers and the address of the office or
the firm. Publication in reputable law lists, in a manner consistent with
the standards of conduct imposed by the canon, of brief biographical or
informative data is allowable. (Ulep vs. The Legal Aid Clinic, Inc., Bar
Matter No. 553, June 17, 1993).
Q - What should a law firm do if a partner has already died? Explain.

-If a partner died, the name of the deceased may still be used by the firm,
provided, that there is an indication that said partner is already dead and
the date or year of his death. The purpose is to avoid the tendency of
improperly exploiting its advertising value. (In the matter of the Petition
for Authority to Continue Use of the Firm Name Ozaeta, Romulo, De
Leon, Mabanta and Reyes, 92 SCRA 1).
Q - May a lawyer who attempts to engage in opium deal be disciplined?

Why?
-Yes, because he may not only be removed for malpractice and dishonesty
in his profession, but also for gross misconduct not related to his
professional duties which show him to be an unfit and unworthy lawyer.
The courts are not curators of morals of the bar. At the same time, the
profession is not compelled to harbor all persons whatever their character,
who are fortunate enough to keep out of prison. A good character is an
essential qualification for admission of an attorney to practice, when the
attorney's character is bad in such respects as to show that he is unsafe and
unfit to be entrusted with the powers of an attorney, the courts retain the
power to discipline him x x x. Of all classes and professions, the lawyer is
most sacredly bound to uphold the law. (Piatt vs. Abordo, 58 Phil. 350; Co
vs. Atty. Bernardino, A.C. No. 3919, Jan. 28, 1998, 90 SCAD 750).
THE LAWYER AND THE LEGAL PROFESSION

________________________________________________________________
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY
AND DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES
OF THE INTEGRATED BAR.
RULE 7.01 - A lawyer shall be answerable for knowingly making a false statement
or suppressing a material fact in connection with his application for admission to the
bar.
RULE 7.02 - A lawyer shall not support the application for admission to the bar of
any person known by him to be unqualified in respect to character, education, or other
relevant attribute.
RULE 7.03 - A lawyer shall not engage in conduct that adversely reflects on his
fitness to practice law, nor shall he, whether in public or private life, behave in
scandalous manner to the discredit of the legal profession.
• Upright character; not mere absence of bad character.
• A lawyer must at all times conduct himself properly as not to put into
question his
• Avoid scandalous conduct; not only required to refrain from adulterous
relationships or the keeping of mistress but must also behave himself as to
avoid scandalizing the public by creating the belief that he is flouting those
moral standards. .
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY,

FAIRNESS AND CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES, AND
SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL.
RULE 8.01 - A lawyer shall not, in his professional dealings, use language which is
abusive, offensive or otherwise improper.
RULE 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional
employment of another lawyer; however, it is the right of any lawyer, without fear or
favor, to give proper advice and assistance to those seeking relief against unfaithful or
neglectful counsel.
• It is the duty of a lawyer to inform the SC or the IBP of such malpractice to the end
that the malpractitioner be properly disciplined.
• Not to use in pleadings and in practice the following: disrespectful, abusive and
abrasive language, offensive personalities, unfounded accusations or intemperate
words tending to obstruct, embarrass or influence the court in administering justice.
• Want of intention: not an excuse for the disrespectful language used It merely
extenuates liability.
• A lawyer, both as an officer of the court and as a citizen, may criticize in properly
respectful terms and through legitimate channels the act of courts and judges. But it
is the cardinal condition of all such criticism that it shall be bona fide, and shall not
spill over the walls of decency and propriety. (In Re: Alrrfacen, 31 SCRA 562)
________________________________________________________________
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN
THE UNAUTHORIZED PRACTICE OF LAW.
RULE 9.01 - A lawyer shall not delegate to any unqualified person the performance
of any task which by law may only be performed by a member of the Bar in good
standing.
RULE 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services
with persons not licensed to practice law, except:
a) Where there is a pre-existing agreement with a partner or associate that, upon the
latter's death, money shall be paid over a reasonable period of time to his estate or
to persons specified in the agreement; or
b) Where a lawyer undertakes to complete unfinished legal business of a deceased
lawyer; or
c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan,

even if the plan is based in whole or in part, on a profit-sharing arrangement.
that:
• Lawyer shall not negotiate with the opposite party who is represented by a counsel.
Neither should the lawyer attempt to interview the opposite party and question him
as to the facts of the case even if the adverse party is willing to do so.
• Lawyer should deal only with counsel, even if there's a fair agreement.
• Lawyer may however, interview any witness or prospective witness for the
opposing side..;
Limitation: avoid influencing witness in recital and conduct.
• A lawyer must not take as partner or associate one who:

1. Is not a lawyer
2. Is disbarred
3. Has been suspended from the practice of law
4. Foreign lawyer, unless licensed by the se.
• A lawyer cannot delegate his authority without client's consent even to a qualified
person.
Q - State the basic responsibilities of a lawyer to the legal profession.

The Code of Professional Responsibility mandates that:
1. A lawyer shall at all times uphold the integrity and dignity of the legal
profession and support the activities of the integrated bar;
2. A lawyer shall conduct himself with courtesy, fairness, and candor toward
his professional colleagues and shall avoid harassing tactics against
opposing counsel; and
3. A lawyer shall not, directly or indirector, assist in the unauthorized practice of

________________________________________________________________
law.
Q - What should a lawyer do to maintain his fitness to practice law?
- He should maintain good moral character during the continuance of the

practice and the exercise of the privilege to practice law. (Quingwa vs. Puno,
19 SCRA 439). He should avoid brushes with the law; he should not assist
anyone in the commission of crimes. He is expected to be concerned even with
matters like payment of his membership dues to the Integrated Bar of the
Philippines (In re: Edillon, 84 SCRA 554) and the payment of his privilege tax,
otherwise, he may be disciplined. (US vs. Garner, 9 Phil. 18).
Q - What is an example of an act of a lawyer that would prevent the discredit

of the legal profession by his own acts?
- A lawyer must not only be of good moral character, but also be seen to be of
good moral character and leading lives in accordance with the highest moral
standards of the community. He should refrain from adulterous relationships
or the keeping of mistresses but must also behave himself as to avoid
scandalizing the public by creating the belief that he is flouting those moral
standards. (Tolosa vs. Cargo, 171 SCRA 21).
Q - How should a lawyer act in relation to his peers?
-He shall conduct himself with courtesy, fairness and candor towards his
colleagues and should avoid harassing tactics against opposing counsel. (Canon
8). He should not use language which is abusive, offensive or otherwise
improper. (Canon 8.01). He should not encroach upon the professional
employment of another lawyer. (Canon 8.02).
Q - Explain the effects if a lawyer uses intemperate, abusive, abbrasive or

threatening language.
- He can be cited for contempt or the courts may use their disciplinary powers.
(Zaldivar vs.Gonzales, 166SCRA 316). If a lawyer attacks without foundation the
integrity of another lawyer, the court may order the same be stricken off the
records. For cases are not won by such language.
Q - When is a strong language against a judge justified?
-If the use of a strong language is impelled by the same language of the judge.
Hence, if everyone is to blame for the language, it is the judge himself who
provoked it. For, if the judge desires not to be insulted, he should start using
temperate language himself; for, he who sows the wind will reap a storm.
________________________________________________________________
(Fernandez vs. Hon. Bello, 107 Phil. 1140).
Q - Maya lawyer encroach upon the employment of another lawyer? Explain.
No. It is highly unethical for a lawyer to exert efforts directly or indirectly, in any
way, to encroach upon professional employment of another. (Rule 8.02). How-
ever, if a lawyer has already withdrawn his appearance for a client, the entry of
his appearance is no longer an encroachment upon the business of another
lawyer. (Laput vs. Ramontique, 6 SCRA 45).
Q - May a lawyer divide a fee for legal services with one who is not licensed to
practice law? Is the rule absolute?
- A lawyer shall not divide or stipulate to divide a fee for legal services with
persons not licensed to practice law. The rule is not absolute as there are excep-
tions like:
1. Where there is a pre-existing agreement with a partner or associate, that,

upon the latter's death, money shall be paid over a reasonable period of time to
his estate or ,to the person specified in the agreement; or
2. Where a lawyer undertakes to complete unfinished business of a deceased
lawyer; or
3. Where a lawyer or law firm includes non-lawyer employees in a retirement

plan, even if the plan is based in whole or in part on a profit sharing
arrangement. (Rule 9.02 [a], [b], [c]).
Q - What is the reason for the general rule above stated?
-The reason is that, if attorney's fees were allowed to non-lawyers, it would

leave the public in hopeless confusion in case of necessity and also to leave
the bar in a chaotic condition, aside from the fact that non-lawyers are not
amenable to disciplinary measures. (PAFLU vs. Binalbagan Isabela Sugar
Co., 42 SCRA 303).
Q - Why a lawyer cannot delegate his authority to unqualified persons to

practice law?
This is by reason of public policy. The practice of law is limited only to
individuals duly qualified in moral character and education and who passed the
Bar Examination. Public policy demands that legal work be entrusted only to
those possessing tested qualifications and who are sworn to observe the rules
and the ethics of the profession, as well as being subject to judicial disciplinary
control for the protection of the courts, clients and the public. (PAFLU case,
________________________________________________________________
supra).
THE LAWYER AND THE COURTS
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS, AND GOOD FAITH

TO THE COURT.
RULE 10.01 - A lawyer shall not do any falsehood, nor 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 text of a decision or authority, or knowingly cite as law a
provision already rendered inoperative by repeal or amendment or assert as a fact that
which has not been proved;
RULE 10.03 - A lawyer shall observe the rules of procedure and shall not misuse
them to defeat the ends of justice.
• Judge-lawyer relationship: based on independence and self-respect.
• Lawyer's duty to the court:

a. Respect and loyalty
b. Fairness, truth and candor c. No attempt to influence courts
• Cases of falsehood:
a. Stating in the Deed of Sale that property is free from all liens and encumbrances
when not so
b. Encashing check payable to a deceased cousin by signing the latter's name on
the check
c. Falsifying a power of attorney and using it in collecting the money due to the
principal.
d. Alleging in one pleading that the clients were mere lessees and in another
pleading that the same clients were owners
e. Presenting falsified documents in court which he knows to be false
f. Filing false charges on groundless suits
g. Using in pleadings the IBP number of another lawyer
h. Unsolicited appearances
i. Use of fictitious residence certificate
j. Misquotation/misrepresentation
k. Citing a repealed or amended provision
J. Asserting a fact not proved
m. Verbatim reproductions down to the last word and punctuation mark
________________________________________________________________
n. Slight typo mistake: not sufficient to place him in contempt
CANON ll. -A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT

DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST IN
SIMILAR CONDUCT BY OTHERS.
RULE 11.01- A lawyer shall appear in court properly attired.
• A lawyer may NOT wear outlandish or colorful clothing to court.
• As an officer of the court and in order to maintain the dignity and respectability of
the legal profession, a I lawyer who appears in court must be properly attired.
Consequently, the court can hold a lawyer IN CONTEMPT of court if he does not
appear in proper attire. Any deviation from the commonly accepted norm of
dressing in court (barong or tie, not both) is enough to warrant a citing for contempt.
RULE 11.02 - A lawyer shall punctually appear at court hearing.
RULE 11.04 - A lawyer shall not attribute to a Judge motives not supported by the
record or have no materiality to the case.
RULE 11.05 - A lawyer shall submit grievances against a Judge to the proper
authorities.
• A lawyer is an officer of the court. He occupies a quasi-judicial office with a tripartite
obligation to the courts, to the public and to his clients.
• The public duties of the attorney take precedence over his private duties. His first
duty is to the courts. Where duties to the courts conflict with his duties to his clients,
the latter must yield to the former.
• Lawyers must be respectful not only in actions but also in the use of language
whether in oral arguments or in pleadings.
• Must exert efforts that others (including clients, witnesses) shall deal with the courts
and judicial officers with respect.
• Obedience to court orders and processes.
• Criticisms of courts must not spill the walls of decency. There is a wide difference
between fair criticism and abuse and slander of courts and judges. Intemperate and
unfair criticism is a gross violation of the duty to respect the courts. It amounts to
misconduct which subjects the lawyer to disciplinary action.
• A mere disclaimer of any intentional disrespect by appellant is not a ground for

exoneration. His intent must be determined by a fair interpretation of the languages
employed by him. He cannot escape responsibility by claiming that his words did
________________________________________________________________
not mean what any reader must have understood them to mean.
• Lawyer can demand that the misbehavior of a judge be put on record.
• Lawyers must be courageous enough to expose arbitrariness and injustice of courts

and judges.
• A lawyer may submit grievances against judges in the Supreme Court,

Ombudsman",
or Congress (for impeachment of SC judges only).
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT

HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF
JUSTICE.
• The Court further commented that it is understandable for a party in the
situation to make full use of every conceivable legal defense the law allows
it. In the appraisal, however, of such attempts to evade liability to which a
party should respond, it must ever be kept in mind that procedural rules are
intended as an aid to justice, not as means for its frustration. Technicalities
should give way to the realities of the situation. (Economic Insurance Co., Inc.,
vs. Uy Realty Co.)
RULE 12.01 - A lawyer shall not appear for trial unless he has adequately prepared
himself on the law and the facts of his case, the evidence he will adduce and the order of
its preference. He should also be ready with the original documents for comparison
with the copies
- A lawyer shall not appear for trial unless he has adequately prepared
himself with the law and the facts of his case, the evidence he will adduce
and the order of Its preference. He should also be ready with the original"
documents for comparison with the copies.
• Newly hired counsel: must acquaint himself with all the antecedent proceedings and
processes that have transpired in the record prior to his takeover.
• If presenting documentary exhibits, he must be ready with the originals for the
purpose of comparison with copies thereof.
RULE 12.02 - A lawyer shall not file multiple actions arising from the same cause.
• Forum shopping - omission to disclose pendency of appeal or prior dismissal of his
case by a court of concurrent jurisdiction with intent of seeking a favorable opinion.
• Forum. ;shopping exists when as a result of an adverse opinion In one forum:

a. A party seeks favorable opinion (other than by appeal or certiorari) in another; or
b. When he institutes two or more actions or proceedings grounded on the same
cause, on the gamble that one or the other would make a favorable disposition
________________________________________________________________
(Binguet Electric Corp. vs. Flores, 287 SCRA 449, March 12, 1998).
• The most important factor in determining the existence of forum-shopping is the

VEXATION caused the courts and party-litigants by a party who asks different
courts to rule on the same related causes, asking the same relief.
• Forum shopping constitutes DIRECT CONTEMPT of court and may subject the
offending lawyer to disciplinary action.
RULE 12.03 - A lawyer shall not, after extensions of time to file pleadings, memoranda
or briefs, let. The period lapse without submitting the same or offering an explanation
for his failure to do so.
• Asking for extension of time must be in good faith.
RULE 12.04 - A lawyer shall not unduly delay a case, impede the execution of a
judgment or misuse Court processes.
RULE 12.05 - A lawyer shall refrain from talking to his witness during a break or recess
in the trial, while the witness is still under examination.
RULE 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or
to impersonate another.
RULE 12.07- A lawyer shall not abuse, browbeat or harass a witness nor needlessly
inconvenience him.
• Rights and obligations of a witness - a witness must answer questions, although his
answer may tend to establish a claim against him. However, it is the right of a
witness:
1. To be protected from irrelevant, improper, or insulting questions and from
harsh or insulting demeanor;
2. Not to be detained longer than the interest of justice requires;
3. Not to be examined except only as to matters pertinent to the issue;
4. Not to give any answer which will tend to subject him to a penalty for an :
offense unless otherwise provided by law, or
5. Nor to give answer which will tend to degrade his reputation, unless it be to
the very fact at issue or to a fact from which the fact in issue would be presumed.
But a witness must answer to the fact of his previous final conviction for an
offense. (Rule 132, Sec. 3, RRC)
RULE 12.08- A lawyer shall avoid testifying in behalf of his client, except:
a) On formal matters, such as the mailing, authentication or custody of an instrument,
and the like; or
b) On substantial matters, in cases where his testimony is essential to the ends of justice,
in which event he must, during his testimony, entrust the trial of the case to another
________________________________________________________________
counsel
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND
REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVE
THE APPEARANCE OF INFLUENCING THE COURT.
RULE 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor
seek opportunity for cultivating familiarity with Judges.
RULE 13.02 - A lawyer shall not make public statements in the media regarding a
pending case tending to arouse public opinion for or against a party.
RULE 13.03 - A lawyer shall not brook or invite interference by another branch or
agency of the government in the normal course of judicial proceedings.
• The judge has the corresponding duty not to conveyor permit others to convey the
impression that they are in a special position to influence the judge.
• Discussing cases with the judge privately should be avoided.
• Test when public statement is contemptuous: The character of the act done and its
direct tendency to prevent and obstruct the discharge of official duty.
• To warrant a finding: of "prejudicial publicity", there must be an allegation and proof

that the judges have been unduly influenced, not simply that they might be, by the
"barrage" of publicity.
• Lawyer is equally, guilty as the client if he induces the latter to cause the publicity.
Q -State the basic responsibilities of a lawyer to the courts.

- The Code of Professional Responsibility mandates that:
1) A lawyer owes candor, fairness, and good faith to the court;
2) A lawyer shall observe and maintain the respect due to the courts
and to judicial officers and should insist on similar conduct by others;
3) A lawyer shall exert every effort and consider it his duty to assist in
the speedy and efficient administration of justice; and
3 A lawyer shall rely upon the merits of his cause and refrain from any impropriety
which tends to influence, or gives the appearance of influencing the court.
Q- Who has the power to regulate the admission to the bar and the practice of
law?
The Supreme Court, as regulator and guardian of the legal profession, has
________________________________________________________________
plenary disciplinary authority over attorneys. The authority to discipline lawyers
stems from the Court's Constitutional mandate to regulate admission to the
practice of law, which includes as well authority to regulate the practice itself of
law. (Zaldivar vs. Sandiganbayan, 166 SCRA 316 [1988]).
Q - May a lawyer or anybody criticize the courts? Why?
It is the cardinal condition that criticisms of courts shall be bona fide and shall not
spill over the walls of decency and propriety. A wide chasm exists between fair
criticisms, on the one hand, and abuse and slander of courts and the judges on the
other. Intemperate and unfair criticism is gross violation of the duty of respect to
courts. It is such a misconduct that subjects a lawyer to disciplinary action.
The lawyer's duty to render respectful subordination to the courts is essential to the
orderly administration of justice. Hence, in the assertion of their clients' rights,
lawyers even those gifted with superior intellect are enjoined to give due respect to
the courts. (Zaldivar vs. Gonzales, supra).
Q - A lawyer wanted the Office of the President to review the decision of the
Supreme Court. Is the act of the lawyer subject to discipline? Why?
Yes, because respect to the court is an important duty of a lawyer. No other

department of the government can review the decisions of the Supreme Court.
What the lawyer did was even violative of the principle of separation of powers.
(Maglasang vs. People, 190 SCRA 308).
Q - Is the act of a lawyer of filing baseless cases against a judge proper? Why?
No. In Aparicio vs. Andal, et al., July 25, 1989, it was said that filing of baseless
cases against a judge is improper. He was admonished because a lawyer has a
basic duty to conduct himself with good fidelity to the courts, to be courteous,
fair, not be combative and bellicose. (Sangalang vs. Gaston, Aug. 30, 1989; In re:
Laureta).
Q - To whom does a lawyer owe his first and foremost duty?
The lawyer's first and foremost duty is to the court.

He is duty bound to comply with the lawful orders of the court. The reason is
that the attorney is an officer of the court because his main mission is to assist the
court in administering justice.
Q - In Sangalang vs. Gaston, August 30, 1989, a lawyer was suspended because of
his own actuations, when in his motion for reconsideration he said that the
decision of the SC "reads more like a brief for Ayala." Was the lawyer's act
proper? Why?
.-No. The primary duty of a lawyer is to assist in the administration of justice, not
to his client. His client's success is only subordinate such that, he is at liberty to
________________________________________________________________
advocate his client's cause in utmost earnest, but he is not at liberty to resort to
arrogance, intimidation and innuendo. The act of the lawyer not only puts to
serious question his own integrity and competence but also jeopardized his own
campaign against graft and corruption undeniably prevailing in the judiciary.
They are unbecoming as well as an assault on the honor and integrity of the
court.
Q- State the basic duties of a lawyer to the court.

The attorney's duty of prime importance is to observe and maintain the
respect due to the courts of justice and judicial officers. The duty to observe and
maintain the respect due the court is likewise incumbent up OJ} one aspiring to
be a lawyer. He should conduct himself toward judges with the courtesy that all
have a right to expect and with the propriety which the dignity of the courts
requires. For his investiture into the legal profession places upon his shoulders
no burden more basic, more exacting and more intemperate than that of a
respectful behavior toward the courts.
A lawyer owes the court the duty to observe and maintain a respectful
attitude not for the sake of temporary incumbent of the judicial office but for the
maintenance of its supreme importance. (Department of Health vs. Sy Chi Siong
Co., Inc., et al., G.R. No. 85289, Feb. 20, 1989).
A lawyer owes candor, fairness and good faith to the Court. (Canon 10). A
lawyer shall observe and maintain the respect due to the Court and to judicial
officers (Canon 11) and a lawyer shall exert every effort and consider it his duty
to assist in the speedy and efficient administration of justice. (Canon 12).
(Pentecostes vs. Judge Hidalgo, Adm. Case No. RTC 89-331, Sept. 28, 1990).
A lawyer should be courteous, respectful to the courts of justice. He

should be fair, not repultant, combative and bellicose in dealing with the Court.
The use of disrespectful, intemperate and manifestly baseless and malicious
statements in his pleadings or motions is a direct contempt of Court for which he
may be disciplined. (Aparicio vs. Andal, July 25, 1989; Zaldivar vs. Gonzales,
supra).
Q- In filing a pleading, etc., the lawyer deliberately changed the wordings of the
law. State the effect of such act.
A lawyer may be punished for contempt of court by deliberately changing the

provisions of law in order to mislead the court. (Deiparine, Jr. vs. CA, 221 SCRA
503, April 23, 1993; COMELEC vs. Hon. Noynay, et al., G.R. No. 132365, July 9,
1998, 95 SCAD 818).
Q- State the effect of submitting to the court a falsified document.
Submission to the court of falsified documents constitutes willful disregard of the

lawyer's duty to act at all times in a manner consistent with the truth. A lawyer
should never seek to mislead the court by an artifice or false statement of fact or
________________________________________________________________
law. (Bautista vs. Gonzales, 182 SCRA 151, Feb. 12, 1990).
Q - State the effect of forum shopping.

- Forum shopping is malpractice and constitutes contempt of court. In PNCC vs.
NLRC, 172 SCRA 867, the Supreme Court said that a lawyer engages in forum
shopping when he institutes a proceeding at the time the same case or an
incident thereto is pending
in another court or tribunal with an expectation of securing a favorable decision.
In fact, in Danville Maritime, Inc. vs. Comm. on Audit and Comm. on
Audit vs. RTC, July 28, 1989, the Supreme Court said that all cases should be
dismissed without prejudice to the filing of action against the counsel
concerned. No one should try to trifle with courts and abuse processes.
(Crisostomo vs. SEC, November 6, 1989).
A lawyer who resorts to forum shopping, continuously seeks the court
where he may possibly obtain favorable judgment, thereby adding to the
already clogged dockets of the courts with the unmeritorious cases he files,
grossly abuses his right of recourse to the courts. By filing multiple petitions
or complaints in the false hope of getting some favorable action, he obstructs
the administration of justice. He is thus derelict in his duty as counsel to
maintain in such admission, actions or proceeding only as appears to him to
be just, and such defenses only as he believes to be honestly debatable under
the law. He thus prostitutes his office at the expense of justice. (Atriaga vs.
Villanueva, Adm. Case No. 1892, July 29, 1988).
A counsel, who, instead of assisting in the speedy disposition of cases, makes

mockery of justice, and this is guilty of gross misconduct in office may be sus-
pended indefinitely from the practice of law until such time that he can
demonstrate to the court that he has rehabilitated himself and deserves to resume
the practice of law.
Q- Is a lawyer first and foremost the defender of his client or an officer of the court?
Explain.
- A lawyer is not merely the defender of his client's cause and a trustee of his
client in respect of the client's cause of action and assets; he is also, first and
foremost, an officer of the court and participates in the fundamental function of
administering justice in society. It follows that a lawyer's compensation for
professional services rendered are subject to the supervision of the court, not just
to guarantee that the fees he charges and receives remain reasonable and
commensurate with the services rendered, but also to maintain the dignity and
integrity of the legal profession to which he belongs. Upon taking his attorney's
oath as an officer of the court, a lawyer submits himself to the authority of the
courts to regulate his right to charge professional fees. (Sumaoang vs. Judge, RTC
Br. XXXI, Guimba, Nueva Ecija, 215 SCRA 136, Oct. 26, 1992).
Q - State the effect of the willful filing of multiple frivolous and baseless
complaints.
________________________________________________________________
A lawyer who files multiple petitions may be held liable for willful violation of
his duties as an attorney. The filing of multiple petitions constitutes abuse of the
Court's processes and improper conduct that tends to impede, obstruct and
degrade the due administration of justice. Claim of good faith alone is not
enough to be exonerated from contempt. (Kalilid Wood Industries Corp. vs. CA,
197 SCRA 735, May 31,1991; Eternal Gardens Memorial Park Corp. vs. CA, et al.,
August 5, 1998, 97 SCAD 93).
Complainant's (lawyer) wanton disregard of the Supreme Court's stern warning
not to file baseless and frivolous complaints and his adamant refusal to abide by
Canon 11, Rule 11.03 and Rule 11.04 of the Code of Professional Responsibility
have shown his unfitness to hold the license to practice law. (Balaoing vs.
Calderon, 221 SCRA 533).
Q - A government lawyer filed a petition for certiorari as a special civil action

before the Supreme Court and later filed an appeal with the Court of Appeals,
without withdrawing the first case. Is the act of the lawyer proper? Explain.
No, because he owes the following duties to the court:
a.) A lawyer shall observe the rules of procedure and shall not misuse them to defeat
the ends of justice. (Canon 10.03, Canon 10, CPR); and
b.) A lawyer shall not file multiple actions from the same cause. (Rule 12.02, Canon
12, CPR).
Q- A party is not allowed to pursue simultaneous remedies in two (2) different for
a because such practice works havoc on orderly judicial procedure. Explain.
The filing of the petition for certiorari borders on the censurable as it trifles
with the courts, abused their processes, and added to the already heavily
burdened dockets. While counsel may owe entire devotion to the interest of
his client, his privilege to practice law carries with it certain correlative duties
to the court, one of which is to assist in the speedy and efficient administration
of justice and not saddle the court with multiple actions arising from the same
case.
The lawyer has the duty to be more circumspect in dealing with the courts.
The SC said that a lawyer who performs his duty with diligence and candor
not only protects the interest of his client, he also serves the ends of justice,
does honor to the bar and helps maintain the respect of the community to the
legal profession. (PRC, et al. vs. CA, et al., G.R. No.
117817, and PRC, et al. vs. Hon. Nitafan, et al., G.R. No. 118437, July 9, 1998, 95
SCAD 732).
Q- A lawyer filed a motion for extension of time to file a motion for

reconsideration at the MTC. What duty did he violate? Why?
________________________________________________________________
-The lawyer has the duty to keep abreast with jurisprudence. In filing a
motion for extension of time to file Motion for Reconsideration with the MTC,
or RTC or Court of Appeals, he has failed to observe the responsibility
imposed on him as a member of the Bar to keep abreast with the latest
developments in the law. (Uy vs. CA, et al., G.R. No. 126337, February 12,
1998, 91 SCAD 715).
THE LAWYER AND THE CLIENT
CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.
RULE 14.01- A lawyer shall not decline to represent a person solely on account of the
latter's race, sex, creed or status of life, or because of his own opinion
regarding the guilt of said person.
• Rule 14.01 is applicable only in criminal cases. In criminal cases, a lawyer
cannot decline to represent an accused or respondent because of his opinion
that the said person is guilty of the charge or charges filed against him. In
representing the accused or respondent, the lawyer must only use means
which are fair and honorable. (Rule 138, sec.20[l], Revised Rules of Court)
• Rule 14.01 is not applicable in civil cases because "(c) To counselor

maintain such actions or proceedings only as appear to him to be just. and
such defenses only ~s he believes to be honestly debatable under the law."
(Rule 138, sec. 20[C},1 Revised Rules of Court)
• When the lawyer signs a complaint or answer, his signature is deemed a
certification by him "that he has read the pleading; that to the best of his
knowledge. information, and belief, there is good ground to support it." (Rule
7, sec. 3, Revised Rules of Court) For violating this rule, the lawyer may be
subjected to disciplinary action.
RULE 14.02 - A lawyer shall not decline, except for serious and sufficient cause,
an appointment as counsel de oficio or as amicus curiae, or a request from
the Integrated Bar of the Philippines or any of its chapters for rendition of
free legal aid.
RULE 14.03 - A lawyer may not refuse to accept representation of an indigent

client unless:
(a) he is not in a position to carry out the work effectively or competently;
(b) he labors under a conflict of interest between him and the prospective
client or between a present client and the prospective client.
RULE 14.04 - A lawyer who accepts the cause of a person unable to pay his
professional fees shall observe the same standard of conduct governing his
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relations with paying clients.
• Duties to Client:
a. Owe utmost learning and ability
b. Maintain inviolate the confidence of the client
c. Disclose all circumstances/interest regarding the controversy
d. Undivided loyalty
e. Not reject cause of defenseless and oppressed
f. Candor, fairness and loyalty
g. Hold in trust money or property
h. Respond with zeal to the cause of the client
• Appointment of Amicus Curae

a. By application to the judge
b. The judge on his own initiative may invite the lawyer
c. No right to interfere with or control the condition of the record, no control
over the suit
• Cannot refuse on the ground of insufficient of compensation or lack of it
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY

IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENT.
RULE 15.01 - A lawyer, in conferring with a prospective client, shall ascertain as soon as
practicable whether the matter would involve a conflict with another
client or his own interest, and if so, shall forthwith inform the prospective
client.
RULE 15.02 - A lawyer shall be bound by the rule on privilege communication in

respect of matters disclosed to him by a prospective client.
Rule on Revealing Client's Identity
• General Rule: A lawyer may not invoke privilege communication to refuse

revealing
a client's identity. (Rega/a vs. Sandiganbayan, 262 SCRA 122, September 20, 1996)
Exceptions:
1. When by divulging such identity, it would implicate the client to that same
Controversy for which the lawyer's services were required.
2. It would open client to civil liability
3. The disclosure of such identity will provide for the only link in order to convict
the
Accused, otherwise, the government has no case.
• Requisites of Privileged Communication:

a. Atty.-client relationship (or a kind of consultancy relationship with a prospective
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Client .
b. Communication made by client to lawyer in the course of lawyer's professional
employment .
c. Communication is intended to be confidential (see Rule 130, Sec. 21(b), Rules of
Court)
• When communication is not privileged:

a. After pleading has been filed [pleading ceases to be privileged communication
becomes part of public records]
b. Communication intended by the client to be sent to a third person through his
counsel (it loses its confidential character as soon as it reaches the hands of third
person)
c. When the communication sought by client is intended to aid future crime
d. When communication between attorney and client is heard by a third party - third
party testimony is admissible as evidence,
• Even if the communication is unprivileged, the rule of ethics prohibits him from
voluntarily revealing or using to his benefit or to that of a third person, to the
disadvantage of the' client, the said communication unless the client consents
thereto.
• This is applicable to students under the Student Practice Law Program
RULE 15.03- A lawyer shall not represent conflicting interests except by written consent
of all concerned given after a full disclosure of the facts.
Rule on Conflicting Interest
It is generally the rule based on sound public policy that an attorney
cannot represent adverse interest. It is highly improper to represent both sides
of an issue. The proscription against representation of conflicting interest finds
application where the conflicting interest arises with respect to the same general
matter and is applicable however slight such adverse interest maybe. It applies
although the attorney’s intention and motives were honest and he acted in good
faith. However, representation after full disclosure of facts. (Nakpil vs. Valdez,
286 SCRA 758).
• General Rule: An attorney Cannot represent adverse interest.

Exception: Where the parties consent to the representation after full disclosure of
facts.
• The TEST in determining Conflicting Interest: The test is whether or not the
acceptance of a new relation will prevent an attorney from the full discharge
of his duty of undivided fidelity and loyalty to his client or invite suspicion
of unfaithfulness in double-dealing in the performance thereof. (Tiana vs.
Ocampo)
RULE 15.04- A lawyer may, with the written consent of all concerned, act as mediator,
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conciliator or arbitrator in settling disputes.
• At a certain stage of the controversy before it reaches the court, a lawyer may
represent conflicting interests with the consent of the parties. A common
representation may work to their advantage since a mutual lawyer, with
honest motivations and impartially cognizant of the parties’ disparate
positions may well be better situated to work out an acceptable settlement.
(Donald Dee vs. CA, 176 SCRA 651)
RULE 15.05 - A lawyer when advising his client, shall give a candid and honest opinion
on the merits and probable results of the client's case, neither overstating
nor understating the prospects of the case.
• It is the duty of a counsel to advise his client, ordinarily a layman to the

intricacies and vagaries of the law, on the merit or lack of merit of his case. If
he finds that his client’s cause is defenseless, then it is his duty to advise the
latter to acquiesce and submit, rather than traverse the incontrovertible. A
lawyer must resist the whims and caprices of his client, and temper his
client’s propensity to litigate.
RULE 15.06 - A lawyer shall not state or imply that he is able to influence any public
official, tribunal or legislative body.
RULE 15.07 - A lawyer shall impress upon his client compliance with the laws and the
principles of fairness.
RULE 15.08 - A lawyer who is engaged in another profession or occupation

concurrently with the practice of law shall make clear to his client whether
he is acting as a lawyer or in another capacity.
• Lawyers should refrain from giving any advice unless they have obtained sufficient
understanding of their client's cause. A careful investigation and examination of the
facts must first be had before any legal opinion be given by the lawyer to the client.
• To avoid breach of legal ethics, a lawyer should keep any business, in which is
engaged in concurrently with the practice of law, entirely separate and apart from
the latter.
CANON 16 - A LAWYER SHALL HOLD IN TRUSTS ALL MONEYS AND

PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS POSSESSION.
RULE 16.01 - A lawyer shall account for all the money or property collected or received
for or from the client.
RULE 16.02 - A lawyer shall keep the funds of each client separate and apart from his
own and those of others kept by him
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RULE 16.03 - A lawyer shall deliver the funds and property of his client when due or
upon demand. However, he shall have a lien over the funds and may
apply so much thereof as may be necessary to satisfy his lawful fees and
disbursements, giving notice promptly thereafter to his client. He shall
also have a lien to the same extent on all judgments and executions he has
secured for his client as provided for in the Rules of Court.
Attorney’s Liens - an attorney shall have a lien upon the funds, documents and
Papers of his client which have lawfully come into his possession and may retain the
same until his lawful fees and disbursements have been paid, and may apply such
fines to the satisfaction thereof. He shall also have a lien to the same extent upon all
Judgments for the payment of money, and executions issued in pursuance of such
Judgments which he has secured in a litigation of his client, from and after the time
when he shall have caused a statement of his claim of such lien to be entered upon
the records of the court rendering such judgment, or issuing such execution and
shall have caused written notice thereof to be delivered to his client and to the
adverse party; and he shall have the same right and power over such judgments and
executions as his client would have to enforce his lien and secure the payment of his
fees and disbursements. (Sec. 37, Rule 138, Revised Rules of Court)
• Prohibition on Purchase of Client's Property: art. 1491: Civil Code

Art. 14-1: The following persons cannot acquire by purchase, even at a public or
judicial auction, either in person or through the mediation of another:
(4) Public officers and employees, the property of the State or of any subdivision
thereof, or of any government owned or controlled corporation, or Institution, the
administration of which has been entrusted to them; this provision shall apply to
judges and government experts who, in any manner whatsoever, take part in the sale;
(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and,
other officers and employees connected with the administration of justice, the
property and rights litigation or levied upon an execution before the court within
whose jurisdiction or territory they exercise their respective functions; this
prohibition includes the act of acquiring by assignment and shall apply to lawyers,
with respect to the property and rights which may be the object of any Litigation in
which may take part by virtue Of their profession.
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
interest of justice, he has to advance necessary expenses in a legal matter
he is handling for the client.
• Attorney's lien is not an excuse for non-rendition of accounting.
• Cannot disburse client's money to client's creditors without authority.
• Failure to deliver upon demand gives rise to the presumption that he has
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misappropriated the funds for his own use to the prejudice of the client and in
violation of the trust reposed in him.
• Notify client if retaining lien shall be implemented.
• When a lawyer enforces a charging lien against his Client, the client-lawyer
relationship is terminated.
• The principle behind Rule 16.04 is to prevent the lawyer from taking advantage of
his influence over the client or to avoid acquiring a financial interest in the outcome
of the case.
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND

HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.
• NO fear of judicial disfavor or public popularity should restrain him from full
discharge of his duty.
• It is the duty of the lawyer at the time of retainer to disclose to the client all the
Circumstances of his relations to the parties and any interest in, or connection with,
The controversy which might influence the client in the selection of counsel.
• The lawyer owes loyalty to his client even after the relation of attorney and client has
terminated. (Lorenzana Food Corp. vs. Daria, 197 SCRA428) It is not good practice to
permit him afterwards to defend in another case other persons against his former
client under the pretext that the case is distinct from and independent of the former
case.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND

DILIGENCE.
RULE 18.01 - A lawyer shall not undertake a legal service, which he knows or should
know that he is not qualified to render. However, he may render such
service if, with the consent of his client, he can obtain as collaborating
counsel a lawyer who is competent on the matter.
RULE 18.02 - A lawyer shall not handle any legal matter without adequate preparation.
RULE 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his
negligence in connection therewith shall render him liable.
RULE 18.04 - A lawyer shall keep the client informed of the status of his case and shall
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respond within a reasonable time to the client's request for information.
• Competence: sufficiency of lawyer's qualification to deal with the matter in question

and includes knowledge and skill and the ability to use them effectively in the
interest of the client in a reasonable time to the client's Request for information.
• A lawyer must keep himself constantly abreast with the trend of authoritative
pronouncements and developments in all branches of law.
• There must be extraordinary diligence in prosecution or defense of his client's cause.

• If a lawyer errs like any other human being, he is not answerable for every error or
Mistake, and will be protected as long as he acts honestly and in good faith to the
Best Of his skill and knowledge.
• Lawyer is not an insurer of the result of a case where he is engaged as counsel.
• Attorneys have authority to bind their clients In any case by any agreement in
relation they made in writing, and in taking appeals, and in all matters or ordinary
judicial procedure. But they cannot, without special authority, compromise their
client's litigation or receive anything in discharge of a client's claim, but the full
amount in cash. (FAR Corp. vs. JAC, 157 SCRA 698)
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN

THE BOUNDS OF THE LAW.
RULE 19.02 - A lawyer who has received information that his client has, in the
course of the representation, perpetrated a fraud upon a person or
tribunal, shall promptly call upon the client to rectify the same, and failing
which he shall terminate the relationship with such client in accordance
with the Rules of Court.
RULE 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the
case.
• General Rule: Negligence binds client

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Exception: Reckless imprudence (deprives client of due process)
Results in outright deprivation of one's property through technicality
• Must not present in evidence any document known to be false; nor present a false
witness.
• Negative pregnant is improper since it is an ambiguous pleading (improper if in bad
faith and the purpose is to confuse the other party)
In defense: present every defense the law permits.
• Lawyer should do his best efforts to restrain and to prevent his clients from
perpetrating acts which he himself ought not to do. Or else, withdraw. But lawyer
shall not volunteer the information about the client's commission of fraud anyone -
counter to duty to maintain client’s confidence and secrets.
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.
RULE 20.01 - A lawyer shall be guided by the following factors in determining his fees:
(a) The time spent and the extent of the services rendered or required;
(b) The novelty and difficulty of the questions involved;
(c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other employment as a result of acceptance of
the proffered case;
(f) The customary charges for similar services and the schedule of fees of
the IBP chapter to which he belongs;
(g) The amount involved in the controversy and the benefits resulting to
the client from the services;
(h) The contingency or certainty of compensation;
(i) The character of the employment, whether occasional or established;
and
(j) The professional standing of the lawyer.
• Kinds of Payment which may be stipulated upon:
A fixed or absolute fee which is payable regardless of the result of the case b. A
contingent fee that is conditioned to the securing of ,a favorable judgment
and recovery of money or property and the amount of which may be on a
percentage basis,
c. A fixed fee payable per appearance
d. A fixed fee computed by the number of hours spent
e. A fixed fee based on a piece of work
• Attorney's Fees
a. Ordinary attorney's fee - the reasonable compensation paid to a lawyer by his
client for the legal services he has rendered to the latter. The basis for this
compensation is the fact of his employment by and his agreement with the
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client.
b. Extraordinary attorney's fee.. an indemnity for damages ordered by the court
to be paid by the losing party In litigation. The basis for this is any of the cases
provided for by law where such award can be made, such as those authorized in
Article 2208 of the Civil Code, and is payable NOT to the lawyer but to the client,
unless they have agreed that the award shall pertain to the lawyer as additional
compensation or as part thereof.
• How attorney's fees may be claimed by the lawyer:

1. It may be asserted either in the very action in which the services of a lawyer had
been rendered or in a separate action.
2. A petition for attorney's fees may be filed before the judgment in favor of the client is
satisfied or the proceeds thereof delivered to the client.
3. The determination as to the propriety of the fees or as to the amount thereof will have
to be held in abeyance until the main case from which the lawyers claim for attorney's
fees may arise has become final. Otherwise, the determination of the courts will be
premature.
• Contracts for employment may either be oral or express. It is oral when the counsel
is employed without a written agreement - but the conditions and amount of
attorney’s fees are agreed upon. A written agreement is not necessary to prove a
client's obligation to, pay attorney's fees. (Peyer VS. Peyer, 77 Phil 366)
• Kinds of Retainer Agreements on Attorney’s fees:
a. General Retainer or Retaining Fee – it is the fee paid to a lawyer to secure his
future services as general counsel for any ordinary legal problem that may arise
in the ordinary business of the client and referred to him for legal action;
b. Special Retainer – it means “as much as he deserves”, and his used as the basis
for determining the lawyer’s professional fees in the absence of a contract, but
recoverable by him from his client.
• Quantum Meruit is resorted to where:

a. There is no express contract for payment of attorney's fees agreed upon
between the lawyer and the client;
b. When although there is a formal contract for attorney's fees, the stipulated
fees are found unconscionable or unreasonable by the court.
c. When the contract for attorney's fees is void due to purely formal matters or
defects of execution
d. When the counsel, for justifiable cause, was not able to finish the case to its
conclusion .
e. When lawyer and client disregard the contract for attorney's fees.
• Skill: length of practice is not a safe criterion of professional

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ability.
RULE 20.02 - A lawyer shall, in cases of referral, with the consent of the client, be
entitled to a division of fees in proportion to the work performed and
responsibility assumed.
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 other compensation whatsoever related to his professional
employment from anyone other than the client.
• Exception. A lawyer may receive compensation from a person other than his client
when the latter has full knowledge and approval thereof. (Rule 138, sec. 20[e], Revised
Rules of Court}
RULE 20.04 - A lawyer shall avoid controversies with clients concerning his
compensation and shall resort to judicial action only to prevent
imposition, injustice and fraud.
• Unauthorized counsel: Not entitled to attorney's fees.
• Stipulation regarding payments of attorney's fees is not illegal/immoral and is

enforceable as the law between the parties provided such stipulation does not
contravene law, good morals, etc.
• When counsel cannot recover full amount despite written contract for attorney’s
fees:
a. When he withdraws before the case is finished
b. Justified dismissal ()f 'attorney (payment: in quantum meruit only)
• The reason for the award of attorney's fees must be stated in the text of the decision;
otherwise, if It is stated only in the dispositive portion of the decision, the same must
be disallowed on appeal.
• Even though the interest or property involved is of considerable value, if the

legal services rendered do not call for much efforts there is no justification for the
award of high fees.
• Compensation to an attorney for merely recommending another lawyer is

improper
(agents)
• Attorney's fees for legal services shared or divided to non-lawyer is prohibited.

Division of fees is only for division of service or responsibility.
• A lawyer should try to settle amicably any differences on the subject. A lawyer has 2
options. Judicial action to recover attorney's fees;
a. In Same case: Enforce attorney's fees by filing an appropriate motion or
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petition as an incident to the main action where he rendered legal services.
b. In case separate civil action.
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS

OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS
TERMINATED.
• Confidence - refers to information protected by the attorney-client privilege (Revised

Rules of Court)
• Secret - refers to other information gained in the professional relationship that the
client has regulated to be held Inviolate or the disclosure of which would be
embarrassing or would likely be detrimental to the client.
An attorney cannot, without the consent of his client, be examined as to any

communication made by the client to him, or his advice given thereon in the course of
professional employment; nor can an attorney's secretary, stenographer, or clerk be
examined, without the consent of the client and his employees, concerning any fact the
knowledge of which has been acquired in such capacity (Rule 130, Sec. 21 (b), Revised
Rules
RULE 21.01 - A lawyer shall not reveal the confidences or secrets of his client except:
a) When authorized by the client after acquainting him of the
consequences of the disclosure;
b) When required by law;
c) When necessary to collect his fees or to defend himself, his employees
or associates or by judicial action.
• When properly authorized after having been fully informed of the consequences to
reveal his confidences/secrets, then there is a valid waiver. .
• Art. 209. Betrayal of Trust by an Attorney or Solicitor. Revelation of secrets. In

addition to the proper administrative action, the penalty of prison correctional in its
minimum period, or a fine ranging from P200 to P1000, or both, shall be imposed
upon any attorney at law or solicitor who, by any malicious break of professional
duty as inexcusable negligence or ignorance, shall prejudice his client, or reveal any
of the secrets of the latter learned by him in his professional capacity.
The same penalty shall be imposed upon an attorney at law or solicitor who,
having undertaken the defense of a client, or having received confidential
information from said client in a case, shall undertake the defense of the opposing
party in the same case, without the consent of his first client (Rule 209, Revised Penal
Code)
• General Rule: Obligation to keep secrets covers only lawful purposes

Exceptions:
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a. Announcements of intention of a client to commit a crime
b. Client jumped bail and lawyer knows his whereabouts; or client is living
somewhere under an assumed name
c. Communication involves the commission of future fraud or crime but
crimes/frauds "already committed" falls within the privilege
RULE 21.02 - A lawyer shall not, to the disadvantage of his client, use
information acquired in the course of employment, nor shall he use the same to his own
advantage or that of third person, unless the client with full knowledge of the
circumstance consents thereto.
RULE 21.03 - A lawyer shall not, without the written consent of his client, give
information from his files to an outside agency seeking such information
for auditing, statistical bookkeeping, accounting, data processing, or any
similar purpose.
RULE 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or
associates thereof unless prohibited by the client.
RULE 21.05 - A lawyer shall adopt such measures as may be required to prevent those
whose services are utilized by him, from disclosing or using confidences
or secrets of the client.
RULE 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even
with members of his family.
RULE 21.07 - A lawyer shall not reveal that he has been consulted about a particular
case except to avoid possible conflict of interest.
• Avoid committing calculated indiscretion - accidental revelation of secrets obtained

in his professional employment.
• Prohibition applies, even if the prospective client did not thereafter actually engage
the lawyer.
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD

CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES.
RULE 22.01 - A lawyer may withdraw his services in any of the following cases:
a) When the client pursues an illegal or immoral course of conduct in
connection with the matter he is handling;
b) When the client insists that the lawyer pursue conduct violative of
these canons and rules;
c) When his inability to work with co-counsel will not promote the best
interest of the client;
d) When the mental or physical condition of the lawyer renders it difficult
for him to carry out the employment effectively;
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e) When the client deliberately fails to pay the fees for the services or fails
to comply with the retainer agreement;
f) When the lawyer is elected or appointed to public office; and
g) Other similar cases.
h) Kinds of Appearance:
(a) General appearance is when the party comes to court either as plaintiff or
defendant and seeks general reliefs from the court for satisfaction of his claims or
counterclaims respectively.
(b) Special appearance is when a defendant appears in court solely for the purpose of
objecting to the jurisdiction of the court over his person. The aim is simply the
dismissal of the case. If the defendant seeks other reliefs, the appearance, even if
qualified by the word special, is equivalent to a general appearance.
RULE 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien,
immediately turn over all papers and property to which the client is entitled, and shall
cooperate with his successor in the orderly transfer of the matter, including all
information necessary for the proper handling of the matter.
• If a person, in respect to his business affairs or troubles of any kind, consults with his
atty. in his professional capacity with the view of obtaining professional advice or
assistance, and the atty. voluntarily permits or acquiesces in such consultation, then
the professional employment must be regarded as established. (Hi/ado vs. David, 84
Phil. 589)
• The withdrawal as counsel of a client or the dismissal by the client of his counsel
must be in a formal partition filed in the case. Atty.-client relationship does not
terminate formally until there is withdrawal made of record. Unless properly
relieved, counsel is responsible for the conduct of the case. (Tumbangahan vs. CA, 165
SCRA 485)
RETAINING LIEN CHARGING LIEN

1.NATURE Passive Lien: It cannot be actively ACTIVE LIEN: It can be enforced by
enforced. It is a general lien execution. It is a special lien.
2. BASIS Lawful possession of papers, Securing of a favorable money
documents, property belonging to judgment for the client.
client.
3. COVERAGE Covers only papers, documents and Covers all judgment for the payment
property in the lawful possession of of money and executions issued in
the attorney by reason of his pursuance of such judgments.
professional employment.
4. WHEN LIEN As soon as the attorney gets As soon as the claim for attorney’s
TAKES possession of the papers documents fees had been entered into the records
EFFECT or property of the case.
5. NOTICE Client need not be notified to make Client and adverse party must be
it effective notified to make it effective
6. May be exercised before judgment Generally, it is exercisable only when
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APPLICABILIT or execution or regardless thereof. the attorney had already secured a
Y favorable judgment for his client
• Withdrawal as counsel for a' client, an attorney may only retire from a case either by
written consent of his client or by permission of the court after due notice and
hearing, in which event the attorney should see to it that the name of the new
attorney is recorded in the case.
• An attorney who could not get the written consent of his, client must make an
application to the court, for the relation does not terminate formally until there is a
withdrawal of record. Counsel has no right to presume that the court would grant
his withdrawal and therefore must still appear on the date of hearing.
• Requirements for the Substitution of Counsel in a Case:

a. Written application
b. Written consent of client
c. Written consent of attorney to be substituted
d. If the consent of the attorney to be substituted cannot be obtained, there must
be at least a proof of notice that the motion for substitution has been served
upon him, in the manner prescribed by the rules.
• A lawyer cannot recover compensation from one who did not employ or authorize
his employment, however valuable the results of his services may have been to
such
person. In similar cases, no compensation when:
a. Client conducts himself in a manner which tends to degrade his attorney;
b. Client refuses to extend cooperation;
c. Client stops having contact with him.
• The right of a client to terminate a lawyer is absolute. Such termination may be with
or without cause.
• The attorney-client relationship is terminated by:

(1) Withdrawal of the lawyer under Rule 22.01;
(2) Death of the lawyer, unless it is a Law Firm, in which case, the other partners
may continue with the case;
(3) Death of the client as the relationship is personal, and one of agency
(4) Discharge or dismissal of the lawyer by the client, for the right to dismiss a
counsel is the prerogative of the client, subject to certain limitations;
(5) Appointment or election of a lawyer to the government position which prohibits
private practice of law;
(6) Full termination of the case or case;
(7) Disbarment or suspension of the lawyer from the practice of law;
(8) Intervening incapacity or incompetence of the client during the pendency of the
Case, for then the client loses his capacity to contract, or to control the subject
matter of the action. The guardian may authorize the lawyer to continue his
employment;
(9) Declaration of the presumptive death of the lawyer (art. 390, New Civil Code; art.
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41, Family Code)
(10) Conviction for a crime and imprisonment of the lawyer
LIABILITIES OF LAWYERS
• Civil Liability
a. Client is prejudiced by lawyer’s negligence or misconduct b. Breach of
fiduciary obligation
b. Breach of fiduciary obligation
c. Civil liability to third persons
d. Libelous words in pleadings; violation of communication privilege
e. Liability for costs of suit (treble costs) - when lawyer is made liable for
insisting on client's patently unmeritorious case or interposing appeal merely to
delay litigation
• Criminal Liability
a. Prejudicing client through malicious breach of professional duty
b. Revealing client's secrets
c. Representing adverse interests
d. Introducing false evidence
e. Misappropriating client's funds (estafa)
• Contempt of Court
a. Kinds of Contempt:
1. Direct - consists of misbehavior in the presence of or so near a court
or judge as to interrupt or obstruct the proceedings before the court or
the administration of justice; punished summarily.
2. Indirect - one committed away from the court involving disobedience
of or resistance to a lawful writ, process, order, judgment or
command of the court, or tending to belittle, degrade, obstruct,
interrupt or embarrass the court.
3. Civil- failure to do something ordered by the court which is for the
benefit of a party.
4. Criminal - any conduct directed against the authority or dignity of the
court.
• The exercise of the power to punish contempt has a twofold aspect,
namely
(1) the proper punishment of the guilty party for his disrespect to the
court or its order; and
(2) to compel his performance of some act or duty required of him by the
court which he refuses to perform. A civil contempt is the failure to
do something ordered to be done by a court or a judge for the benefit
of the opposing party therein; and a criminal contempt is conduct
directed against the authority and dignity of a court or of a judge, as
in unlawfully assailing or discrediting the authority or dignity of a
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court or of a judge, or in doing a duly forbidden act. Where the
punishment imposed, whether against a party to a suit or a stranger,
is wholly or primarily to protect or vindicate the dignity and power,
either by fine payable to the government or by imprisonment, or
both, it is deemed a judgment in criminal case. Where the
punishment is by fine directed to be paid to a party in the nature of
damages for the wrong inflicted, or by imprisonment as coercive
measure to enforce the performance of some act for the benefit of the
party or in aid of the final judgment or decree rendered in his behalf,
the contempt judgment will, if made before final decree, be treated as
in the nature of an interlocutory order, or, if made after final decree,
as a remedial in nature, and may be reviewed only on appeal from
the final decree, or in such other mode as is appropriate to the review
of judgments in civil cases. The question of whether the contempt
committed is civil or criminal, does not affect the jurisdiction or the
power of a court to punish the same.(Halili vs. CIR, 136 SCRA 112)
b. Acts Constituting Contempt:
1. Misbehavior
2. Disobedience
3. Publication concerning pending litigation
4. Publication tending to degrade -the court
disrespectful language in Pleadings
5. Misleading the court or obstructing justice
6. Unauthorized practice of law
7. Belligerent attitude
8. Unlawful retention of client's funds
• The power to punish for contempt and the power to disbar are separate and distinct,
and that the exercise of one does not exclude the exercise of the other. (People vs.
Godoy, 243 SCRA 64)
ADMINISTRATIVE LIABILITIES OF LAWYERS
Main Objectives of Disbarment and Suspension:

1. To compel the attorney to deal fairly and honestly with his clients;
2. To remove from the profession a person whose misconduct has proved him
unfit to be entrusted with the duties and responsibilities belonging to the
office of all attorney;
3. To punish the lawyer;
4. To set an example or a warning for the other members of the bar;
5. To safeguard the administration of justice from Incompetent and dishonest
Lawyers;
6. To protect the public .
I
• Characteristics of Disbarment Proceedings:
1. Neither a civil nor criminal proceedings;
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2. Double jeopardy cannot be availed of In a disbarment proceeding;
3. It can be initiated motu propio by the SC or IBP. It can be initiated without a
complaint;
4. It is imprescriptible;
5. Conducted confidentially;
6. It can proceed regardless of the interest of the lack thereof on the part of the
complainant;
7. It constitutes due process.
• Grounds for Disbarment or Suspension:
1. Deceit;
2. Malpractice or other gross misconduct in office;
3. Grossly immoral conduct;
4. Conviction of a crime involving moral turpitude;
5. Violation of oath of office;
6. Willful disobedience of any lawful order of a superior court;
7. Corrupt or willful appearance as attorney for a party to case without authority
to do so (Sec. 27, Rule 138, RRC)
• Pr0cedure for Disbarment

a. Institution either by:
1. The Supreme Court, motu proprio, or
2. The ISP, motu proprio, or
3. Upon verified complaint by any person
b. Six copies of the verified complaint shall be filed with the Secretary of the IBP
or Secretary of any of its chapter and shall be forwarded to the IBP Board of
Governors.
c. Investigation- by the National Grievance Investigators.
d. Submission of investigative report to the ISP Board of Governors.
e. Board of Governors decides within 30 days.
f. Investigation by the Solicitor-General
g. SC renders final decision for disbarment/suspension/dismissal.
Quantum of Proof Required: CLEAR, CONVINCING & SATISFACTORY evidence.

"'1
Burden of Proof. Rests on the COMPLAINANT, the one who Instituted the suit
• Officer authorized to investigate Disbarment cases:

1. Supreme Court '.I
2. IBP through its Commission on Bar Discipline or authorized investigator
3. office of the Solicitor General
• Mitigating Circumstances in Disbarment:
1. Good faith in the acquisition of a property of the client subject of litigation (In
re: Ruste, 70 Phil. 243)
2. Inexperience of the lawyer (Munoz v. People, 53 SCRA 190)
3. Age (Lantos v. Gan, 198 SCRA 16)
4. Apology (Munoz v. People, 53 SCRA 190)
5. Lack of Intention to slight or offend the Court (Rheem of the Philippines, Inc.
________________________________________________________________
v. Ferrer, 20 SCRA 441).
REINSTATEMENT
Reinstatement - the restoration in disbarment proceedings to a disbarred lawyer the

privilege to practice law.
• The power of the Supreme Court to reinstate is based on its constitutional

prerogative to promulgate rules (;>0 the admission of applicants to the practice of
law. (art. VIII, sec. 5[5], 1987Consfitution).
• Criterion. The applicant must, like a candidate for admission to the Bar, satisfy the
Court that he is a person of good moral character - a fit and proper person to practice
law. The Court will take into consideration the applicant's character and standing
prior to the disbarment, the nature and character of the charge for which he was
disbarred, his conduct subsequent to the disbarment, and the time that has elapsed
between the disbarment and the application for reinstatement. Whether or not the
applicant shall be reinstated rests on the discretion of the court. (Prudential Bank VS.
Benjamin Grecia, 192 SCRA 381).
• Reinstatement to the roll of attorneys wipes out the restrictions and disabilities
resulting from a previous disbarment. (Cui vs: Cui, 11 SCRA 755)
• The Supreme Court, in addition to the required rehabilitation of the applicant for
reinstatement may require special conditions to be fulfilled by the applicant.
PARDON
• Q: Is a disbarred lawyer due to conviction for a crime automatically reinstated to the

practice of law upon being pardoned by the President?
A: To be reinstated, there is still a need for the filing of an appropriate petition with
the Supreme Court. (In re: Rovero, 101 SCRA 803)
• If during the pendency of a disbarment proceeding, the respondent was granted

executive pardon, the dismissal of the case on that sole basis wiU depend on
whether the executive pardon is absolute or conditional. If the pardon is absolute or
unconditional, the disbarment case will be dismissed. However, if the executive
pardon is conditional, the disbarment case will not be dismissed on the basis thereof.
.
SPECIAL DISABILITIES OF LAWYERS
The following persons are prohibited from acquiring property under litigation by
reason of the relation of trust or their peculiar control either directly or indirectly and
even at a public or judicial auction: .
1. Guardians;
2. Agents
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3. Administrators
4. Public officers and employees
5. Judicial officers and employees
6. Prosecuting attorney’s and lawyers (Art 1491 f NCC)
7. Those specially disqualified by law (Rubias vs. Batilles, 31 SCRA 120)
• Elements of Article 1491 (Civil Code; Laig vs. CA, 82 SCRA 294)
a. There must be an attorney-client relationship

b. The property or interest of the client must be in litigation
c. The attorney takes part as counsel in the case
d. The attorney by himself or through another purchases such interest during the
pendency of the litigation.
• General Rule: A lawyer may not purchase, even at a public or judicial auction, in
person or through the mediation of another, any property or interest involved in
any' litigation in which he may take part by virtue of his profession. This prohibition
is entirely independent of fraud and such need not be alleged or proven.
Effects:
a. Malpractice on the part of the lawyer and may be disciplined for misconduct
b. Transaction is null and void
• Exceptions:
a. Property is acquired by lawyer through a contingent fee arrangement
b. Any of the 4.e.Ie.ments of Art. 1491 is missing
Q- State the basic responsibilities of a lawyer to his client.
The Code of Professional Responsibility prescribes the following as responsibilities

of a lawyer to his client, to wit:
1. A lawyer shall not refuse his services to the needy;
2. A lawyer shall observe candor, fairness, and loyalty in all his dealings and
transactions with his clients;
3. A lawyer shall hold in trust all moneys and properties of his client that may
come into his possessions;
4. A lawyer owes fidelity to the cause of his client and he shall be mindful of the
trust and confidence reposed in him;
5. A lawyer shall serve his client with competence and diligence;
6. A lawyer shall represent his client with zeal within the bounds of the law;
7. A lawyer shall charge only fair and reasonable fees;

________________________________________________________________
8. A lawyer shall preserve the confidence and secrets of his client even after the
attorney-client relationship is terminated; and
9. A lawyer shall withdraw his services only for good cause and upon notice
appropriate in the circumstances.
Q - What is the significance of the duty of a lawyer that he shall not refuse his
services to the needy?
- It is an implementation of the constitutional guarantee that free access to the

courts shall not be denied the citizens by reason of poverty. It also implements
the time-honored principle that a lawyer shall delay no man for money or malice.
It must be recalled that the business of a lawyer is basically public service and not
for business purposes.
Q - A, a lawyer was appointed counsel de oficio by the court. Since he is a mere

counsel de oficio, will it affect his relationship with his client considering that
he has no compensation? Why?
- No. The fact that an attorney merely volunteers his services or that he is only
a counsel de oficio does not diminish or alter the degree of professional
responsibility owed to his client. (People vs. Rio, 201 SCRA 702). The reason is
that a lawyer should represent his client with zeal within the bounds of the
law.
Q - Should a lawyer in the discharge of his duties to his clients present every
remedy regardless of his personal views? Why?
- Yes. A lawyer owes entire devotion to the interests of his clients, warmth and
zeal in the maintenance and defense of his rights and the exertion of his utmost
learning and ability; to the end that nothing can be taken or withheld from his
client except in accordance with law. He should present every remedy or defense
regardless of his own personal views. In the full discharge of his duties to his
client, the lawyer should not be afraid of the probability that he may displease
the judge or the general public. (Legarda vs. CA, 195 SCRA 418).
Q - What should a lawyer do to ensure that communications to him will reach

him promptly?
- A lawyer should so arrange matters that official and judicial communications sent
by mail will reach him promptly and should he fail to do so, not only he, but his
client as well must suffer the consequences of his negligence. Where a lawyer moved
from his address on record, and did not notify the court thereof, resulting in failure
to receive notice of the decision the Supreme Court held that there was negligence.
But the client must suffer the consequences. (Villa Transport Service, Inc. vs. CA, 193
SCRA 25).
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Q - What is the duty of a lawyer with respect to his pleadings, etc. before filing
the same? Why?
- It is the bounden duty of a lawyer to check, review, and re-check the allegations
in his pleadings, more particularly the quoted portions, and ensure that the
statements therein are accurate and the reproductions faithful, down to the last
word and punctuation mark. The legal profession demands that a lawyer
thoroughly go over pleadings, motions, and other documents dictated or
prepared by him, typed or transcribed by his secretaries or clerks, before filing
them with court. If a client is bound by the acts of his counsel, with more reason
should counsel be bound by the acts of his secretary who merely follows his
order. The distortion of facts, misquoting or intercalating phrases in the text of a
court decision, committed by counsel, with the willing assistance of his secretary,
is a grave offense and should not be treated lightly because it is a serious vio-
lation of one's Oath as a member of the Bar, and under the Code of Professional
Responsibility. (Adez Realty, Inc. vs. Court of Appeals, 212 SCRA 623).
Q - What should a lawyer do when he receives an adverse decision? Explain.

- He should inform his client about the adverse decision. If he fails to do so, he is
considered as having failed to exercise due diligence of counsel. A lawyer
handling a case must give his entire devotion to the interest of his client. Neither
shall he neglect a legal matter entrusted to him for his negligence therewith shall
render him liable. He can be suspended. (Francisco vs. Bosa, 205 SCRA 722).
Q - The Law Firm of A, B, and C represented X in a case. A is personally handling

the case. While preparing the brief, A died. What should the Law Firm do? Why?
. - The Law Firm should have re-assigned the case to another lawyer for the
purpose of preparing the brief or it could have withdrawn as counsel in the
manner provided by the rules so that the client can contract the services of a new
lawyer. The negligence of the law firm in this matter binds the client. Besides, the
client himself was negligent when he failed to make inquiries with respect to the
status of his case, he being a close friend of the lawyer who handled it. The fact
should have made him more vigilant with respect to the case at bar, as he failed
to do so, its plea that it was not accorded the right to procedural due process
cannot elicit either approval or sympathy. (B.R. Sebastian Enterprises vs. Court of
Appeals, 206 SCRA 28)
Q - A lawyer was tardy in his appearance before a judge in a case, hence, it was
considered submitted for resolution. After learning of the incident, he asked the
Court to reconsider it and the judge told him to file a motion for reconsideration.
He did not notify his client of the turn of events. Explain the effect of his acts.
- His failure to file the motion for reconsideration despite the instruction of the judge
amounts to negligence. His explanation that the judge already advised him of the
improbability of reconsideration is devoid of merit. He still should have taken the
proper steps in order to prevent the judgment from becoming final and executory.
Worse, he did not even notify his client of the status of the case, even after he
received notice of the decision. He should not have gone to Iloilo without leaving
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someone in his office to act on urgent matters and to notify him of developments in
the case he was handling. This is sheer lack of professional sincerity. Counsel was
suspended from practice for one year. (Perla Compania de Seguros vs. Santisteban,
207 SCRA 153).
Q - Is clerical inefficiency of a lawyer's staff like failure to file a brief a valid

defense in a charge of negligence of a lawyer? Why?
No. A responsible lawyer is expected to supervise the work in his office with
respect to all pleadings to be filed in court, and he should not delegate this respon-
sibility completely to his office secretary. Otherwise, irresponsible members of the
bar can avoid disciplinary action by simply attributing the fault to the office
secretary. (Gutierrez vs. Zulueta, 187 SCRA 64).
Q - The Law Firm of A, Band C has a branch office in Cebu City where D is
assigned or represents himself to be the lawyer in the branch office. Is service
upon him binding upon the main office? Why?
-Yes. Where a lawyer represents himself to be part of one law firm, service on
that lawyer in his branch office will be a valid service, and the law firm cannot be
allowed to pretend that its main and branch offices are separate law firms with
separate and distinct personalities. (Quano Arrastres vs. Alsonas, 20 SCRA 619).
Q - At the hearing of a case, the counsels agreed to consider the case submitted
for decision on the basis of the evidence, excluding certain amounts of interests
and nominal damages. When the judgment adverse to one party was rendered, he
moved to annul the same contending that such act constituted a compromise
which his counsel was not authorized to do. Rule on his contention and explain.
This was not a compromise or stipulation of facts or confession of judgment. If at all,

there was only a mutual waiver on the part of both parties (right to present evidence
for defendant, and interests and stipulated attorney's fees for plaintiff). The counsels
in this case had the implied authority to do all the acts necessary or incidental to the
prosecution and management of the suit in behalf of their clients who were all
present but never objected to the disputed order of the court. They have the
exclusive management of the procedural aspect of the litigation including the
enforcement of the rights and remedies of the client. Thus, when the case was
submitted for decision on the evidence so far presented, the counsel for private
respondents acted within the scope of his authority as agent and lawyer in
negotiating for favorable terms for his client. Parties are bound by the acts and
mistakes of their counsel in procedural matters. Mistakes of counsel as to the
relevancy and irrelevancy of certain evidence or mistakes in the proper defense, in
the introduction of certain evidence, or in argumentation are, among others all
mistakes of procedure, and they bind the client, as in the instant case. (Mobil Oil vs.
CFI Rizal, 208 SCRA 523).
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Q - The mistake of a lawyer generally binds the client. Is the rule absolute?
Explain.
- No. Though as a general rule, the client is bound by the mistakes or negligence
of his lawyer, the Supreme Court has made an exception. Where the lawyer's lack
of devotion to the client is so gross and palpable that the court must come to the
aid of the distraught client. This was the situation in Legarda vs. CA, 195 SCRA
418, where the lawyer merely filed a Motion for Extension of Time to file an
answer, and thereafter did nothing else.
Q - Give an example of a case of gross negligence of a lawyer which does not

bind his client and an exception to the same.
Where a lawyer did not file an answer for his client despite an extension of time
therefor having been granted, resulting in an adverse judgment and then failed
to appear and then allowed the period to file a petition for relief to lapse, and
thereafter did not file a petition for annulment of the judgment in the appellate
court despite being asked by his client to do so, he is guilty of gross and
inexcusable negligence that effectively denied the client of her day in court,
depriving her of her property without due process of law. In this case, the client
is not bound by the actions of counsel. (Legarda vs. Court of Appeals, 195 SCRA
418). But where the client knew all along that their counsel was not attending to
their case, did not take steps to change counselor attend to their cases until it
was too late, and continued to retain the service of the negligent counsel despite
full knowledge of his lapses, they cannot raise that negligence to warrant
reversal of the adverse decision. (Boyer-Roxas vs. Court of Appeals, 211 SCRA
470).
Q - May the Court discipline a lawyer even if his act is not covered by a client-
lawyer relationship between the complainant and himself? Explain.
Yes. In fact, in Lizaso vs. Amante, A.C. No. 2019, June 3, 1991, 198 SCRA 1, where
Atty. Amante enticed complainant to invest in the casino business with the
proposition that her investment would yield her an interest of 10% profit daily,
and Atty. Amante not only failed to deliver the promised return on the invest-
ment but also the principal thereof (P5, 000.00) despite complainant's repeated
demands, the Supreme Court said:
“As early as 1923, however, the Court laid down in In Re Vicente Pelaez
[44 Phil. 567 (1923) J the principle that it can exercise its power to
discipline lawyers for causes which do not involve the relationship of
attorney and client In disciplining the respondent, Mr. Justice Malcolm
said: As a general rule, a court will not assume jurisdiction to discipline
one of its officers for misconduct alleged to have been committed in his
private capacity. But this is a general rule with many exceptions x x x The
nature of the office, the trust relation which exists between attorney and
client, as well as between court and attorney, and the statutory rules
prescribing the qualifications of attorneys, uniformly require that an at-
torney shall be a person of good moral character. If that qualification is a
________________________________________________________________
condition precedent to a license or privilege to enter upon the practice of
the law, it would seem to be equally essential during the continuance of the
practice and the exercise of the privilege. So it is held that an attorney will
be removed not only for malpractice and dishonesty in his profession, but
also for gross misconduct not connected with his professional duties,
which shows him to be unfit for the office and unworthy of the privileges
which his license and the law confer upon him..
Q - In 1965, Jose Nakpil became interested in purchasing a summer residence

in Moran Street, Bagnio City. For lack of funds, he requested the
respondent to purchase the Moran property for him. They agreed that
respondent would keep the property in trust for Nakpil until the latter
could buy it back. Pursuant to their agreement, respondent obtained two (2)
loans from a bank (in the amounts of P65, 000.00 and P75, 000.00) which he
used to purchase and renovate the property. Title was then issued in
respondent's name.
It was Nakpil who occupied the Moran summer house. When Jose
Nakpil died on July 8, 1973, respondent acted as the legal counsel and
accountant of his widow, complainant IMELDA NAKPIL. On March 9, 1976,
respondent's law firm, Carlos J. Valdes and Associates, handled the
proceeding for the settlement of Jose's estate. Complainant was appointed as
administratriX of the estate.
The ownership of the Moran property became an issue in the intestate
proceedings. It appears that respondent excluded the Moran property from
the inventory of Jose's estate. On February 13, 1978, respondent transferred
his title to the Moran property to his company, the Caval Realty Corporation.
On March 29, 1979, complainant sought to recover the Moran property
by filing with the then Court of First Instance (CFI) of Baguio City an action
for reconveyance with damages against respondent and his corporation. In
defense, respondent claimed absolute ownership over the property and
denied that a trust was created over it.
In his defense, he contended that he did not hold the Moran property
in trust for the Nakpils as he is the absolute owner. He explained that the
Nakpils never bought back the property from him, hence, it remained to be
his property and hence, correctly excluded from the inventory of Nakpil
estate.
1. Is the respondent guilty of lack of fidelity to his client? Explain. .
Yes, because he violated the trust agreement when he claimed absolute
ownership over the property and refused to sell it to the complainant after
Jose's death. To place the property beyond the reach of complainant and the
intestate court, respondent later transferred it to his corporation. Such act of
excluding the Moran property from the intestate estate of Jose evinced a lack
of fidelity to the cause of his client. This violated Canon 17 of the Code of
Professional Responsibility which provides that a lawyer owes fidelity to his
client's cause and enjoins him to be mindful of the trust and confidence
reposed in him. (Imelda Nakpil vs. Atty. Carlos J. Valdes, A.C. No. 2040, 92
SCAD 66, March 4, 1998).
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2. Was the respondent guilty of representing conflicting interest when his
accounting firm prepared the list of assets and liabilities of the estate and, at the same
time, computed the claims of two creditors of the estate and yet, the estate was
represented by his law firm? Explain.
Yes, because the interest of the estate and that of the creditors are adverse to each
other. By representing the creditors when his accounting firm prepared and
computed the claims of the two creditors while his law firm represented the
estate, there was clearly a conflict between them which stands as debtor and that
of the two claimants who are creditors in the estate. He thus, undoubtedly placed
his law firm in a position where his loyalty to his client could be doubted. In the
estate proceedings, the duty of respondent's law firm was to contest the claims of
these two creditors but which claims were prepared by respondent's accounting
firm. Even if the claims were valid and did not prejudice the estate, the set-up is
still undesirable. The test to determine whether there is a conflict of interest in the
representation is probability, not certainty of conflict. It was respondent's duty to
inhibit either of his firms from said proceedings to avoid the probability of
conflict of interest. (Nakpil vs. Valdes, supra).
3. Can respondent advance the defense that assuming there was conflict of interest,
he could not be charged before this Court as his alleged "misconduct" pertains
to his accounting practice? Explain.
No. In the case at bar, complainant is not charging respondent with breach of
ethics for being the common accountant of the estate and the two creditors. He is
charged for allowing his accounting firm to represent two creditors of the estate
and, at the same time, allowing his law firm to represent the estate in the
proceedings where these claims were presented.
4. In advancing his defense, he said that assuming there was conflict of

interest, he could not be charged before the Supreme Court as his alleged
misconduct pertains to his accounting practice. Is the contention correct?
Why?
- No, for the complainant was not charging the respondent with breach of ethics
for being the common accountant of the estate and the two creditors. He was
charged for allowing his accounting firm to represent two creditors of the estate
and, at the same time, allowing his law firm to represent the estate in the pro-
ceedings where these claims were presented. The act is a breach of professional
ethics and undesirable as it placed respondent's and his law firm's loyalty under
a cloud of doubt. Even granting that respondent's misconduct refers to his
accountancy practice, it would not prevent the Court from disciplining him as a
member of the Bar. The rule is settled that a lawyer may be suspended or
disbarred for ANY misconduct, even if it pertains to his private activities, as long
as it shows him to be wanting in moral character, honesty, probity or good
demeanor. (Nadayag vs. Grageda, 55 SCAD 713, 237 SCRA 202). Possession of
good moral character is not only a prerequisite to admission to the bar but also a
continuing requirement to the practice of law.
Public confidence in law and lawyers may be eroded by the irresponsible
________________________________________________________________
and improper conduct of a member of the Bar. Thus, a lawyer should determine
his conduct by acting in a manner that would promote public confidence in the
integrity of the legal profession. Members of the Bar are expected to always live
up to the standards embodied in the Code of Professional Responsibility as the
relationship between an attorney and his client is highly fiduciary in nature and
demands utmost fidelity and good faith. (lgual vs. Javier, 69 SCAD 117,254 SCRA
416). In the case at bar, respondent exhibited less than full fidelity to his duty to
observe candor, fairness and loyalty in his dealings and transactions with his
clients. (Canon 15, Code of Professional Responsibility; Nakpil vs. Valdez, A.C.
No. 2040, March 4, 1998, 92 SCAD 66).
Q - Does the prohibition against sale of properties between a lawyer and a client
apply to assignment of rights? Why?
- Yes, the prohibition in Article 1491, NCC applies to assignment of rights over a
property
subject of litigation in consideration of legal services during the pendency of
litigation. The reason is that, assignment has the same import and effect of sale.
In both situations, public policy prohibits the acts. (Ordonio vs. Eduarte, 207
SCRA 229).
Q - What is the essential feature of a client-lawyer relationship? Give some

instances of such an indication.
-The essential feature of the relationship between a lawyer and a client is
the employment of the former by the latter as suggested by: (1) the giving of
advice or assistance when sought; and (2) the receipt of documents and use
of the same.
Q - Define general and special appearance.
General appearance is one that is done by a lawyer for any act except to
question the jurisdiction of the court.
Q - Who can challenge the appearance of a lawyer and within what time?
Why?
-The authority of a lawyer to appear may be challenged by the client because
such relationship partakes of the nature of agency. It may likewise be challenged
by the adverse party. But the challenge must be seasonably done otherwise,
estoppel would come in.
Q -What is the effect of unauthorized appearance of a lawyer?

- That is a ground to cite him for contempt.
Q - May a client terminate his lawyer and cite the effects of the same?
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. - Yes, a client has the right to terminate his lawyer at any time with or without
just cause. If it
is without just cause, he must fully pay the compensation agreed upon. If it is
with just cause, the payment of compensation is based on quantum meruit.
Q - What is the effect of death or incapacity of a client?

ANS. - Death or incapacity of a client terminates the relationship of the lawyer and
client. Thus, the lawyer cannot represent the estate unless he is retained by the
administrator.
Q - May a counsel withdraw from a case of his client?

- Yes, provided the client consents to it. The consent is necessary because the
relationship of
a lawyer and a client is based on contract and the consent of a client to the
withdrawal of a lawyer has the effect of terminating such relationship. If the
client does not consent, the contract still subsists.
Q - State the grounds for the withdrawal of a counsel.

They are the following:
(1) if the client insists on unjust or immoral cause in the conduct of a case;
(2) if the client refuses to cooperate or loses contact with him;
(3) if the client disregards agreement as to compensation;
(4) if the lawyer accepts an incompatible office.
Q - State the procedure in the substitution of a lawyer.

- The procedure in the substitution of a lawyer requires that:
a) there must be written application for substitution;
b) there must be written consent of the client;
c) there must be written consent of counsel to be substituted;
d) there must be proof of notice on the first attorney.
Q - If a lawyer withdraws from a case, is there a need for the court's approval?
. - It depends. An attorney's withdrawal with clients' consent needs no court
approval. Court approval is indispensable only if the
withdrawal is without the client's consent. (Arambulo vs. CA, 44 SCAD 972,
226 SCRA 589, Sept. 17, 1993). The reason for the client's consent is that, the
relationship between the two of them is based on a contract.
Q - A engaged the services of X as his counsel. A year later, he engaged the

services of Y and authorized him to appear for A. State the effects of the acts
of A with respect to his relationship with X. Explain.
- The execution of power of attorney for authority to appear in favor of second
counsel works as a dismissal of incumbent counsel of record who need not
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formally withdraw. Once a new counsel assumes that status, it is incumbent on
him to inquire why he has not received any notice from the court.
Q - State the Conflict of Interest Rule.

- A lawyer shall not represent conflicting interests except by written consent of all
concerned given after a full disclosure of the facts. (Rule 15.03, Code of Pro-
fessional Responsibility).
Q - What is the rationale for the conflict of interest rule?

. - The prohibition against representation of conflicting interests is based
not only because the relation of attorney and client is one of trust and confidence
of the highest degree, but also because of the principles of public policy and good
taste. (Tiania vs. Ocampo, 200 SCRA 462, Aug. 12, 1991). A lawyer becomes fa-
miliar with this facts connected with his client's case. He learns from his client the
weak points of the action as well as the strong one. Such knowledge must be
considered and guarded with care. No opportunity must be given to him to take
advantage of his client's secrets. A lawyer must have the fullest confidence of his
client, for if the confidence is abused, the profession will suffer by the loss
thereof. (Maturan vs. Gonzales, A.C. No. 2597, 92 SCAD 473, March 12, 1998).
Q - What is the test of conflict of interest in disciplinary cases against a lawyer?
- The test is whether or not the acceptance of a new relation will prevent an
attorney from the full discharge of his duty of undivided fidelity and loyalty to
his client or invite suspicion of unfaithfulness of double-dealing in the
performance thereof. (Tiana vs. Ocampo, supra).
Q - When is a lawyer deemed to be representing conflicting interests?
- A lawyer represents conflicting interests when, in behalf of one client, it is his

duty to contend for that which duty to another client requires him to oppose. The
obligation to represent the client with undivided fidelity and not to divulge his
secrets or confidence forbids also the subsequent acceptance of retainers or
employment from others in matters adversely affecting any interest of the client
with respect to which confidence has been reposed.
In cases where a conflict of interest may exist, full disclosure of the facts and
express consent of all the parties concerned are necessary. There is no necessity
for proving the actual transmission of confidential information to an attorney in
the course of his employment by his first client in order that he may be precluded
from accepting employment by the second Or subsequent client where there are
conflicting interests between the first and the subsequent clients. Absence of
monetary consideration does not exempt the lawyer from complying with the
prohibition against pursuing cases where a conflict of interest exists. (Buted vs.
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Hernando, 203 SCRA 1, Oct. 17, 1991).
Q - Cite a recognized exception to the rule against representation of conflicting

interests by a lawyer.
- Where the clients knowingly consent to the dual representation after the full
disclosure of the facts by the counsel. (Bautista vs. Gonzales),
Q - State and explain the test in determining a conflict of interest.

- The test of conflict of interest in disciplinary cases against a lawyer is whether
or not the acceptance of a new relation will prevent an attorney from the full
discharge of his duty of undivided fidelity and loyalty to his client or invite
suspicion of unfaithfulness or double-dealing in the performance thereof. (In re:
De la Rosa, 27 Phil. 265).
Q- May a lawyer represent parties with conflicting positions? Is the rule absolute?
Explain.
- As a rule, a lawyer cannot represent parties with conflicting positions because
of the conflict of interest. There is however, an exception at a certain stage of the
controversy before it reaches the court. A lawyer may represent the conflicting
interest of the two parties with their consent, since a mutual lawyer, with honest
motivations may be better situated to work out an acceptable settlement of their
differences, being free of partisan inclination and acting with the cooperation and
confidence of said parties.
Q - The accounting firm of Atty. V prepared the list of assets and liabilities of
the estate of A and at the same time computed the claims of two creditors of
the estate. Is there a representation of conflicting interest in allowing his
accounting firm to represent the two creditors in the proceedings for the
settlement of the estate of A which his law firm represented? Why?
. - Yes. The professional services of a lawyer and representation as a CPA might
result to representation of conflicting interest. In Nakpil vs. Valdez, A.C. No.
2040, March 1998, 92 SCAD 66, it was said that there is clearly a conflict
between the interest of the estate which stands as the debtor and that of the
two claimants who are creditors of the estate.
Q - State some rules in case of conflict of interest.

- In Generosa Buted, et al. vs. Atty. Harold M. Hernando, Adm. Case No. 1359,
Oct. 17, 1991, the Supreme Court laid down rules on conflict of interest of
lawyers in handling cases, thus:
(a) In cases where a conflict of interest may exist, full disclosure of the facts and
express consent of all the parties concerned are necessary. (ln re: Dela Rosa, 27
Phil. 258). The present Code of Professional Responsibility is stricter on this
matter considering that consent of the parties is now required to be in written
form. (Canon 15, Rule 15.03).
(b) In San Jose vs. Cruz, 57 Phil. 794, it was said that an attorney owes loyalty to
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his client not only in the case in which he has represented him but also after
the relation of attorney and client has terminated and it is not a good practice
to permit him afterwards to defend in another case other persons against his
former client under the pretext that the case is distinct from, and independent
of the former case.
For it is a rule that:
"An attorney is not permitted, in serving a new client as against a former one, to
do anything which will injuriously affect the former client in any manner in which
the attorney formerly represented him, though the relation of attorney and client has
terminated, and the new employment is in a different case; nor can the attorney use
against his former client any knowledge or information gained through their former
connection. "
(c) In Maria Tinia vs. Atty. Amado Ocampo, A.C. No. 2285 and other companion
cases, Aug. 12, 1991, it was said that the prohibition against conflict of interest
in representation of clients is prohibited because the relation of lawyer and
client is one of trust and confidence of the highest degree, and because of the
principles of public policy and good taste. An attorney has the duty to
preserve fullest confidence of his client and represent him with undivided
loyalty. Once this confidence is abused, the entire profession suffers. (In re: De
la Rosa).
Q - The law firm of X, Y and Z and Associates was retained by ABC Corporation
which sued SMC represented by the firm. Can an associate of the firm represent
SMC? Why?
- No, because the employment of the firm is considered the employment of all its
members and associates. To hold otherwise would be to promote conflict of interest.
Q - What is the duty of a lawyer who receives money for his client?
. - He must account for the same, otherwise, his conduct shows his unfitness for
the confidence and trust reposed in him, or showing such lack of personal hon-
esty or good moral character as to render him unworthy of public confidence, a
ground for disbarment. (Navarro vs. Meneses, 91 SCAD 285, 285 SCRA 586; 19ual
vs. Javier, 69 SCAD 117, March 7,1996; Castillo vs. Taguines, 69 SCAD 291, March
11, 1996; Jaime Curimatmat, et al. vs. Atty. Felipe Gojat, A.C. No. 4411, June 10,
1999).
Q -May a lawyer decline employment? Explain.

Yes. It is settled that a lawyer is not obliged to act as counsel for every person
who wish to become his client. He has the right to decline employment, subject,
however, to the provisions of Canon 14 of the Code of Professional
Responsibility. Once he agrees to take up the case of a client, he owes fidelity to
such cause and must always be mindful of the trust and confidence reposed on
him. (Navarro vs. Meneses, 91 SCAD 285, 285 SCRA 586)
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Q - What is the nature of the office of a lawyer?
- An attorney is more than a mere agent or servant because he possesses special
powers of trust and confidence reposed on him by his client. (Regala vs. SB, 74
SCAD 504, 262 SCRA 122)
Q - What is the nature of duty of the Office of the Solicitor General to represent
the interest of the government? Explain.
- As a public official, it is his sworn duty to provide legal services to the
government, particularly to represent it in litigations. And such duty may be
enjoined upon him by a writ of mandamus.
Under the Administrative Code (Sec. 35), it is mandatory upon the OSG to
represent the government, its agencies and instrumentalities and its officials and
agents in any litigation, proceedings, investigation requiring the services of a
lawyer.
In fact, if the OSG withdraws, it can be considered as beyond the scope of
its authority in the management of a case.
Q - After the death of a partner in a law firm, the latter failed to file the brief for a
client due to the fact that the lawyer assigned to do it left the law firm. Explain
the effect of such act.
- The death of one of the partners of a law firm does not extinguish the lawyer-
client relationship between said firm and petitioner. If the firm does not file the
brief for the client, that is an inexcusable negligence. The mere fact that the
lawyer who was designated to handle the case left the law office is of no moment.
(R.B. Sebastian Ent., Inc. vs. CA, G.R. No. 41862, Feb. 7, 1992). Negligence of
counsel binds the client.
Q - Explain the effect if a lawyer notarizes a document purporting to have been

signed by one who is already dead.
- A lawyer who notarized a document purporting to have been signed by a

person already dead and yet cognizant of such fact committed grave professional
misconduct. He failed to live up to the standards expected as a member of the
bar. His conduct amounted to dishonesty, in violation of his oath. (Tejada vs.
Hernando, Adm. Case No. 2427, May 8, 1992).
Q - May a lawyer transact business with his client? Why?
As a rule, a lawyer is not barred from dealing with his client but the business
transaction must be characterized with utmost honesty and good faith. The
measure of good faith which an attorney is required to exercise in his dealings
with his client is a much higher standard than is required in business dealings
where the parties trade at arms length. Business transactions between the
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lawyer and his client are disfavored and discouraged by the policy of the law.
Hence, courts carefully watch these transactions to assure that no advantage is

taken by a lawyer over his client. This rule is founded on public policy for, by
virtue of his office, an attorney is in an easy position to take advantage of the
credulity and ignorance of his client. Thus, no presumption of innocence or
improbability of wrongdoing is considered in an attorney's favor. (Nakpil vs.
Valdez, 92 SCAD 66, 286 SCRA 758).
Q - How do you describe the relationship between a lawyer and his client?
Explain.
. - The relation between an attorney and his client is highly fiduciary and very
delicate, exacting and confidential, requiring a high degree of fidelity and good
faith. In view of that special relationship, lawyers are bound to promptly account
for money or property received by them on behalf of their clients and failure to
do so constitutes professional misconduct. The fact that a lawyer has a lien for
fees on money in his hands collected for his client does not relieve him from the
duty of promptly accounting for the funds received. (Licuanan vs. Melo, A.C.
2361, 9 Feb. 89).
Q - Describe the lawyer's duty to the cause of his client.
- A lawyer must protect the rights and interests of his client and not to take
advantage of him. He should be more circumspect in dealing with the properties
of his client instead of concentrating only on his attorney's fees. (Fornilda vs.
Branch 164, RC, 169 SCRA 376).
A lawyer owes fidelity to the cause of his client and must be mindful of
the trust and confidence reposed in him. (Canon 17). He shall serve his client
with competence and diligence, and his duty of entire devotion to his client's
cause not only requires, but entitles him to employ every honorable means to se-
cure for the client what is justly due him or to present every defense provided by
law to enable the latter's cause to succeed. (Canon 15). An attorney's duty to
safeguard the client's interests commences from his retainer until his effective
release from the case or the final disposition of the whole subject matter of the
litigation. (Visitacion vs. Manit, March 27, 1969). During that period, he is
expected to take such reasonable steps and such ordinary care as his client's in-
terests may require. (Gamalinda vs. Attys. Fernando Alcantara and Joselito Lim,
A.C. No. 3695, Feb. 24, 1992).
The Supreme Court also admonished lawyers on their duty to advice their clients
not to make untenable claims. As officers of the court, they are under obligation
to advice their clients against making untenable and inconsistent claims. For,
they are not merely hired employees who must unquestionably do the bidding of
the clients. (Periquet vs. NLRC, 186 SCRA 724).
In one case, the Supreme Court however reminded litigants that lawyers
________________________________________________________________
are not demi-gods or magicians who can always win their cases for their clients
no matter the utter lack of merit of the same or how passionate the litigants may
feel about their cause, while lawyers are expected to serve their clients with
competence and diligence, they are not always expected to be victorious.
(Curimatmat, et ai. vs. Gojari, A.C. No. 4411, June 10, 1999).
Q - What presumption arises if a lawyer appears for a client and explain the
effect of the same?
- As a rule, once a lawyer appears for a party, it is presumed that he has the
authority to do so. No written power of attorney is required to authorize him to
appear in court for his client. (Marcelo vs. Ubay, 187 SCRA 719). The filing of the
answer and appearance is sufficient to give authority to the lawyer. However, the
authority to appear can be questioned by the adverse party. (Com. of Customs
vs. KMK Gano, 182 SCRA 591). The reason is obvious. The client will be bound
by his acquiescence resulting from his knowledge that he was being represented
by the lawyer.
But where that relationship is created, the lawyer has the obligation to attend to
and protect the integrity of his client. Hence, a lawyer was warned for his
inexcusable negligence to appear for pre-trial. (Agravante vs. Patriarca, 183
SCRA 113 [1990]).
Hence, in Gutierrez vs. Zulueta, 187 SCRA 64, a lawyer was suspended for one
year for his failure to exercise due diligence in protecting and attending to the
interest of his client. He failed to file the brief to the prejudice of his client. He
attributed the negligence to his secretary which was not accepted.
Q - State the effect of a lawyer's acceptance of attorney's fees.

- The lawyer's acceptance of attorney's fees effectively bars a lawyer from
altogether disclaiming the existence of an attorney-client relationship. The client,
however, must explain his case to his lawyer so that he can handle it properly
and intelligently. He must likewise extend full cooperation. (Villafuerte vs.
Cortez, A.C. No. 3455, April 14, 1999).
Q - May a lawyer accept a bad case?

- It depends.
A lawyer may accept a bad case if it is criminal inspite of his opinion regarding
the innocence or guilt of the accused. If it is a civil case, he should decline it.
Q - What is the extent of the lawyer's obligation of fidelity to his client? Explain.
- A lawyer owes fidelity to the cause of his client but not at the expense of truth
and the administration of justice. Practice of law must not serve as an instrument
for the harassment of the complainant and the misuse of judicial processes.
(Garcia vs. Francisco, 220 SCRA 512, March 30, 1993).
As officers of the court, counsels are under obligation to advise their client
________________________________________________________________
against making untenable and inconsistent claims. Lawyers are not merely hired
employees who must unquestionably do the bidding of their client, however,
unreasonable this may be when tested by their own expert appreciation of the
pertinent facts and the applicable law and jurisprudence. Counsel must counsel.
(Periquet vs. NLRC, 196 SCRA 724, June 22,1990).
Q - How do you characterize the right of a client to terminate the services of his
counsel?
- The right of client to terminate his relations with his counsel is universally
recognized. Such termination may be with or without cause. The right of a client
to terminate the authority of his counsel includes the right to make a change or
substitution at any stage of the proceedings. To be valid, any such change or
substitution must be made: (a) upon written application; (b) with written consent
of the client; (c) upon written consent of the attorney to be substituted; (d) in case
the consent of attorney to be substituted can not be contained, there must be at
least a proof of notice that the motion for substitution has been served upon him
in the manner prescribed by the Rules. (Section 26, Rule 138, Rules of Court;
Rinconada Telephone Company, Inc. vs. Buenvi'aje, 184 SCRA 701, April 27,
1990).
Q - State the effect if a client personally appears and files a motion by himself
even if he is represented by a counsel.
- A client, by appearing personally and presenting a motion by himself, is
considered to have impliedly dismissed his lawyer. Both at common law and
under Section 26, Rule 138 of the Rules of Court, a client may dismiss his
lawyer at any time or at any stage of the proceedings, and there is nothing to
prevent a litigant from appearing before the court to conduct his own
litigation.
The client has also an undoubted right to compromise a suit without
the intervention of his lawyer. Even the lawyer's right to fees from their clients
may not be invoked by the lawyers themselves as a ground for disapproving
or holding in abeyance the approval of a compromise agreement. The lawyers
concerned can enforce their rights in the proper court in an appropriate
proceeding in accordance with the Rules of Court, but said rights may not be
used to prevent the approval of the compromise agreement. (Municipality of
Pililia, Rizal vs. CA, 52 SCAD 548, 233 SCRA 484, June 28, 1994).
Q - What happens if a lawyer commits misconduct by using for his personal end
money collected by him for and behalf of a client?
- A lawyer, under his oath, pledges himself not to delay any man for money or
malice. He is bound to conduct himself with all good fidelity to his clients. He is
obligated to report promptly the money of his clients that has come into his
possession. He should not comingle it with his private property or use it for his
personal purposes without his client's consent. He should maintain a reputation
for honesty and fidelity to private trust.
________________________________________________________________
Money collected by a lawyer in pursuance of a judgment in favor of his
clients is held in trust and must be immediately turned over to them.
A lawyer may be disbarred for any deceit, malpractice or other gross
misconduct in his office as attorney or for any violation of the lawyer's oath.
(Licuanan vs. Melo, A.C. 2361, Feb. 9, 1989).
Q - May a lawyer purchase a property of his client subject of litigation during

the pendency of litigation? Does the prohibition include a mortgage? Why?
No, because of public policy for it is possible that the lawyer may e) at undue
influence against his client.
Mortgage of property of a client to a lawyer while the property is under

litigation is void under Art. 1491 (5), New Civil Code. To state that mortgages are
not included within the prohibition would open the door to an indirect
circumvention of the statutory injunction, acquisition of property being merely
postponed till eventual foreclosure. (Fornilda vs. Br. 164, RTC, G.R. 72306, Jan. 29,
1989). What cannot be done directly cannot be done indirectly. (See also Rubias
vs. Batiller).
Q - When is a thing said to be in litigation for purposes of applying the

prohibition against lawyers from acquiring by purchase their clients' property
under Art. 1491 of the Civil Code?
- A thing is said to be in litigation not only if there is some contest or litigation over it
in court, but also from the moment that it becomes subject to the judicial action of
the judge, including certiorari proceedings. (Valencia vs. Cabanting, 196 SCRA 302,
April 26, 1991).
Q - What if the purchase was made after the litigation has already been
terminated, is the disqualification still applicable? Why?
- No more.
A contract of services does not violate Art. 1491, NCC prohibiting lawyers from
acquiring by purchase even at a public or judicial auction, properties and rights which
are the objects of litigation in which they may take part by virtue of their profession, if
the purchase takes place after the litigation. (Fabillo vs. IAC, March 11, 1991). The rule
has to be so because the public policy that is sought to be preserved no longer exists, as
there can be no more undue influence that the lawyer may exert against his client.
Q - May a lawyer enter into a contract of lease with the administrator of an estate
where the former is his client? Why?
- No. The Civil Code provides the persons disqualified to buy referred to in Arts.
.1490 and 1491, are also disqualified to become lessees of the things mentioned
therein. (Art. 1646). A lawyer of the administrator of an estate failed to secure the
approval of the court in various contracts of lease between the estate and the
lawyer's family partnership. It was said that the lease contracts are covered by
________________________________________________________________
the prohibition against any acquisition or lease by a lawyer of properties
involved in litigations in which he takes part. To rule otherwise would lend
stamp of judicial approval on an arrangement which, in effect, circumvents that
which is directly prohibited by law. (Mananquil vs. Atty. Villegas, Adm. Matter
2430, Aug. 30, 1990).
Q - May a lawyer appropriate money received for his client? Why?
- No. In Quilban vs. Robinol, 171 SCRA 768, the Supreme Court said that a lawyer
cannot unilaterally appropriate his client's money not only because he is bound by a
written agreement but because it is highly improper for him to have done so. His
contention that he has! the right to retain possession of the money until his attorney
fees are paid is not meritorious. He is bereft of a legal right to retain his client's funds
intended for any purpose. For doing so, he was disbarred, for he rendered himself
unfit to continue in the practice. He did not only violate his oath "not to delay any
man for money" and but also "to conduct himself with all good fidelity to his client.
Q - A lawyer assured his client that he could secure a Temporary Restraining

Order (TRO) to stop the execution of a judgment because the judge is his
"katsukaran" and accepted Pl,000.00 as attorney's fees. But the judge asked him to
withdraw because of their friendship. He again asked for P3,000.00 to be given to
another judge, but he said he could not find the judge. He later on told his client
that a case should be filed and demanded P10,000.00 to be deposited with the
Treasurer's Office for the redemption of the property plus Pl,000.00 as expenses.
At the hearing, he withdrew his appearance. It was found out that there was no
deposit. State the effect of the acts of the lawyer.
- When a lawyer takes client's cause, he thereby covenants that he will exert ,all
efforts for its prosecution until the final conclusion. The failure to exercise diligence
of advancement of a client's cause makes such lawyer unworthy of the trust that the
client had reposed in him. His acts showed lack of fidelity as a lawyer. (Cantiller vs.
Potenciano, Dec. 18, 1989).
Q - What is the effect if a lawyer makes an unsolicited appearance for a person

without a Client lawyer relationship?
The unsolicited appearance of a lawyer in the absence of client-lawyer relationship
with a client is an act unbecoming of a member of the Bar, and should be a cause for
investigation. (Porac Trucking, Inc. vs. CA, 183 SCRA 45, March 6, 1990).
Q - State the effect of a lawyer's participation in the preparation of prohibited

contracts.
- Participation in the execution of the prohibited contracts such as those referred

________________________________________________________________
to in Articles 1491 and 1646 of the New Civil Code has been held to constitute breach of
professional ethics on the part of the lawyer for which disciplinary action may be
brought against him. The claim of good faith is no defense to a lawyer who has failed to
adhere faithfully to the legal disqualifications imposed upon him designed to protect
the interests of his client. (Mananquil vs. Villegas, 198 SCRA 335, Aug. 30, 1990).
Q - Is a client bound by his counsel's acts? Is the rule absolute? Why?
As a general rule, a client is bound by his counsel's conduct, negligence, and

mistakes in handling the case during the trial. However, the rule admits of exceptions.
A new trial may be granted where the incompetence of counsel is so great that the
defendant is prejudiced and prevented from fairly presenting his defense. Where a case
is not tried on the merits because of the negligence of counsel rather than the plaintiff,
the case may be dismissed, but in the interest of justice, without prejudice to the filing of
a new action. (Suarez vs. CA, G.R. No. 91133, March 22, 1993).
DISBARMENT
Q - Are the grounds for disbarment enumerated under Section 27, Rule 138 of the
Rules Of Court exclusive?
No. A lawyer may be disbarred for grounds provided by the rules and such causes
analogous to the same.
Q - What is the basic purpose of disbarment? Explain.
- The purpose of disbarment is to protect the courts and the public from the
misconduct of the officers of the court and to ensure the proper administration of
justice by requiring that those who exercise this important function shall be
competent, honorable and trustworthy men in whom the courts and clients may
repose confidence. The objectives of disbarment are to compel the lawyer to deal
fairly and honestly with his client and to remove from the profession a person
whose misconduct has proved him unfit for the duties and responsibilities
belonging to the office of an attorney. (Doroy vs. Legaspi, 65 SCRA 304). A
lawyer who received P900.00 from his client for filing fee and other expenses in
connection with the filing of the case but did hot do so, and instead deceived his
client into believing that the case had been filed, is guilty of malpractice for gross
misconduct in his office as attorney and of violation of his oath of office, and
ought to be disbarred for failing to live up to the high standards of the law
profession and being unworthy of membership of the bar. (Diaz vs. Gonong,141
SCRA 46).
________________________________________________________________
Q - May the court discipline one of its officers even if he commits the act in his
private capacity? Explain.
. - As a general rule, a court will not assume jurisdiction to discipline one of its
officers for misconduct alleged to have been committed in his private capacity.
But, this is a general rule with many exceptions. The courts sometimes stress the
point that the attorney \las shown, through misconduct outside of his
professional dealings, a want of such professional honesty as to render him
unworthy of public confidence, and an unfit and unsafe person to manage the
legal business of others. The reason why such a distinction can be drawn is
because it is the court which admits an attorney to the bar, and the court requires
for such admission the possession of a good moral character. So it is held that an
attorney will be removed not only for malpractice and dishonesty in his
profession, but also for gross misconduct not connected with his professional
duties, which shows him unfit for the office and unworthy of the privilege which
his license and the law confer upon him. (Lizaso vs. Amante, 198 SCRA 1, June 3,
1991).
Q - May a lawyer who is employed in the government be disciplined as a

member of the Bar for misconduct in the discharge of his duties as an employee?
Why?
- As a rule, a lawyer, who holds a. government office may not be disciplined as a
member of the Bar for misconduct in the discharge of his duties as a government
official. However, if the conduct is of. such a character as to affect his qualifications
as a lawyer or to show moral delinquency, then, he may be disciplined. (Austria vs.
Abaya, AM. Nos. R-705-RTJ, R698-P, and A.C. No. 2909, August 23, 1989).
Q - In Collantes vs. Atty. Vicente Renemeron, Adm. Case No. 3056, Aug. 16, 1991,
the basic question was whether a lawyer, as Register of Dee<ls of a certain
locality, may also be disciplined for his malfeasance as a public official.
- Yes, because his misconduct as a public official constituted a violation of his

oath as a lawyer.
The lawyer's oath (Rule 138, Section 17, Rules of Court; People vs. De Luna, 102 Phil.
968), imposes upon every lawyer the duty to delay no man for money or
malice. The lawyer's oath is a source of his obligations and its violation is a
ground for his suspension, disbarment or other disciplinary action. (Legal Eth-
ics, Ruben E. Agpalo, 1983 Edition, pp. 66-67).
As the late Chief Justice Fred Ruiz Castro said:
"A person takes an oath when he is admitted to the Bar which is

designed to impress upon him his responsibilities. He thereby becomes an
'officer of the court' on whose shoulders rests the grave responsibility of
________________________________________________________________
assisting the courts in the proper, fair, speedy and efficient administration of
justice. As an officer of the court, he is subject to a rigid discipline that
demands that in his every exertion the only criterion be that truth and
justice triumph. This disciplinary line is what has given the law profession
its nobility, its prestige, its exalted place. From a lawyer, to paraphrase
Justice Felix Frankfurter, are expected those qualities of truth speaking, a
high sense of honor, full of candor, intellectual honesty, and the strictest
observance of fiduciary responsibility all of which, throughout' the centuries,
have been compendiously described as moral character.
"Membership in the Bar is in the category of a mandate to public

service of the highest order. A lawyer is an oath-bond servant of society
whose conduct is clearly circumscribed by inflexible norms of law and ethics,
and whose primary duty is the advancement of the quest of truth and justice,
for which he has sworn to be a fearless crusader." (Apostacy in the Legal
Profession, 64 SCRA 784, 789-790).
The Code of Professional Responsibility applies to lawyers in government service

in the discharge of their official task. (Canon 6).
"A lawyer shall not engage in conduct that adversely reflects on his
fitness to practice law, nor shall he, whether in public or private life, behave
in a scandalous manner to the discredit of the legal profession." (Rule 7.03,
Code of Professional Responsibility).
Only those who are competent, honorable, and reliable may practice the
profession of law (Noriega vs. Sison, 125 SCRA 293), for every lawyer must
pursue only the highest standard in the practice of his calling. (Court
Administrator vs. Hermoso, 50 SCRA 269)
In disbarring the lawyer, the Supreme Court said the acts of dishonesty and
oppression committed by a public official have demonstrated his unfitness to
practice the high and noble calling of the law. (Bautista vs. Judge Guevarra, 142
SCRA 632).
Q - A law student married his girlfriend, but agreed to keep it secret so that he
could continue with his studies. He finished law, took and passed the bar, but the
wife blocked his oath taking with a complaint with the Supreme Court. It was how-
ever dismissed due to the wife's affidavit of desistance. She later filed a case again
against him alleging that he deceived her into signing the affidavit of desistance as
he never intended to live with her. He utilized the affidavit only to dismiss the case.
In his comment, he went to the extent of claiming that his marriage was void. In his
application to take the Bar Exams, he stated that he was "single". Do his acts warrant
his membership in the legal profession? Why?
- No. The Supreme Court said that respondent's lack of good moral character is
only too evident. He has resorted to conflicting submissions before the Supreme
Court to suit himself. He has also engaged in devious tactics with complainant in
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order to serve his purpose. In so doing, he has violated Canon 10 of the Code of
Professional Responsibility, which provides that "a lawyer owes candor, fairness
and good faith to the court" as well as Rule 10.01 thereof which states that "a
lawyer should do no falsehood nor consent to the doing of any in court, nor shall
he mislead, or allow the court to be misled by any artifice". Courts are entitled to
expect only complete candor and honesty from the lawyers appearing and
pleading before them. (Chavez v. Viola, Adm. Case No. 2162, 19 April 1991, 196
SCRA 10). Respondent, through his actuations, has been lacking in the candor
required of him not only as a member of the Bar but also as an officer of the
public from being advised and represented in legal matters by incompetent and
unreliable persons over whom, the judicial department can exercise little control.
Q - A was not allowed to take his oath as a lawyer and sign the attorney's roll.
Ten years later, he was allowed to do so, upon testimonials signed by some
people as to his moral character and civic consciousness. But before he was
able to do so, the original complainants in the malpractice case moved for a
reconsideration contending that while being a Land Investigator at the Bureau
of Lands, he was able to procure a falsified free patent over a public land
which he used to secure a loan by means of a real estate mortgage which he did
not pay. Is the resolution of the Supreme Court revoking the resolution
allowing him to sign the attorney's roll and take his oath proper? Why?
Yes, because he does not possess the required good moral character to be a
member of the Bar. The law requires that a lawyer must be of good moral charac-
ter and this is required not only in his membership in the Bar, but also in the
performance of his duties as a public officer.
Q - Is the imposition of indefinite suspension from the practice of law a cruel,

degrading and inhuman punishment? Why?
- No. The imposition of indefinite suspension from the practice of law is not a
"cruel, degrading or inhuman punishment". The indefiniteness of the suspension,
far from being "cruel" or "degrading" or "inhuman", has the effect of placing, as it
were, the key to the restoration of the suspended lawyer's rights and privileges in
his own hands. That sanction has the effect of giving the respondent the chance
to purge himself in his own good time of his contempt and misconduct by
acknowledging such misconduct, exhibiting appropriate repentance and
demonstrating his willingness and capacity to live up to the exacting standards of
conduct rightly demanded from every member of the bar and officer of the
courts. (Zaldivar vs. Sandiganbayan, G.R. No. 79690-707; Zaldivar vs. Gonzales,
G.R. No. 80578, Feb. 1, 1989).
Q - A lawyer delayed a probate case for almost half a century. Is his act
punishable under the Code of Professional Responsibility? Why?
- Yes. In fact, the case of Ismaela Dimagiba vs. Atty. Jose Montalvo, Jr., A.C. No.
1420, Oct. 15, 1991, is a classic example of a lawyer who was disbarred for
malpractice, for stretching to almost half of century a litigation arising from the
probate of a will of the late Benedicto de los Reyes. It appeared that the probate
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case was filed on January 1955. In delaying the case for almost half a century, he
violated his oath not to delay any man for money-or malice, besmirched the
name of an honorable profession, and has proven himself unworthy of the trust
reposed in him by law as an officer of the Court.
Q - May a lawyer be disciplined if he makes a dupe of the complainant, living on

her bounty and allowing her to spend for his schooling? Explain.
- Yes. In Bolivar vs. Simbol, 16 SCRA 623, the Supreme Court found the
respondent guilty of "grossly immoral conduct" because he made a dupe of
complainant, living on her bounty and allowing her to spend for his schooling
and other personal necessities while dangling before her the mirage of a
marriage, marrying another girl as soon as he had finished his studies,
keeping his marriage a secret while continuing to demand money from
complainant. The Court held such acts "indicative of a character not worthy of
a member of the Bar."
Q - A lawyer courted a lady. He represented himself to be eligible to marry when

in fact, he is not. For this reason, the woman submitted herself to the sexual
desires of the lawyer. Can he be punished for his acts? Why?
- Yes, because he does not possess good moral character which is a condition that
precedes admission to the Bar, and is not dispensed with upon admission to the
Bar. (Barrientos vs. Daarol, A.C. No. 1512, Jan. 29, 1993).
Q - A lawyer was found guilty of immoral conduct having married twice. Can he
be suspended? Why?
. -Yes, because he lacks good moral character which must be possessed by a

member of the Bar. In Santos vs. Tan, 196 SCRA 16, however, the lawyer was
merely suspended despite the finding of fact that he committed bigamy. The
reason was his advanced age of 72.
Q - Before T became a lawyer, he inveigled D to marry him knowing that she is

already married. D even sent him to school, took care of him but T later on
abandoned D and got married to another woman. Is he worthy to be a member
of the legal profession? Why?
- No. The conduct of respondent Jordan Terre in inveigling complainant Dorothy

Terre to contract a second marriage with him; in abandoning complainant
Dorothy Terre after she had cared for him and supported him through law
school, leaving her without means for the safe delivery of his own child; in con-
tracting a second marriage with Helina Malicdem while his first marriage with
complainant Dorothy Terre was subsisting, constituted "grossly immoral
conduct" under Section 27 of Rule 138 of the Rules of Court, affording more than
sufficient basis for the disbarment of respondent Jordan Terre. He was unworthy
of admission to the Bar in the first place. (Terre vs. Terre, Adm. Case No. 2349,
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July 3, 1992).
Q - A, a lawyer kept a mistress, entered into another marriage while the prior still
subsisted and abandoned his wife and children. Can he be disbarred? Why?
- Yes, because such acts show disrespect of family relations, morality and
decency and the law and the lawyer's oath. Such gross misbehavior clearly shows
a serious flaw in his character, his moral indifference to scandal in the
community and his outright defiance to established norms. These acts put the
legal profession in disrepute and place the integrity of the administration of
justice in peril. (Tapucar vs. Tapucar, A.C. No. 4148, July 30, 1998, 96 SCAD 743).
Q- May a lawyer be disbarred if he sells properties contrary to the orders of the court?
Why?
- Yes, because it constitutes disobedience and defiance of the lawful orders of the
court. (Gaeslin vs. Navarro, 85 SCRA 230).
Q - A filed his application to take the Bar Examination and stated that he is
single when in truth, he is married. State the effect of such act of A. Explain.
ANS. - His act constitutes a gross misrepresentation of a material fact made in

utter bad faith. That false statement, if it had been known, would have disqualified
him outright from taking the Bar Examinations as it indubitably exhibited a lack of
good moral character. (Leda vs. Tabang, 206 SCRA 395).
The requirement of good moral character is not only a condition precedent

to admission to the practice of law, continued possession is also essential for
remaining in the practice of law. As said by Mr. Justice Malcolm, "A good
character is essential qualification for admission of an attorney to practice. When
the attorney's character is bad in such respects as to show that he is unsafe and
unfit to be entrusted with the powers of an attorney, the courts retain the power
to discipline him. (Leda vs. Tabang, 206 SCRA 395).
Q - A, a lawyer summoned a subordinate to his superior's office. There and then,

he threatened or intimidated him by warning him of dismissal and the expense of
a possible suit in court. Is the act of A proper? Why?
- No. He is guilty of conduct unbecoming of a member of the Bar. A man
of law should never use his legal expertise and influence in order to frighten or
coerce anyone, especially the ordinary man who looks up to him for justice.
(Roque vs. Clemencio, 212 SCRA 618).
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Q - What is the effect if a lawyer prepares a false deed in place of the proper type
of deed for the sake of convenience? Why?
- He can be suspended, for he violated the rule that a lawyer shall not engage in
unlawful, dishonest or deceitful conduct.
Q - A lawyer notarized a document without notarial commission. May he be

penalized for such act? Why?
Yes. In Mariano Joson vs. Atty. Gloria Baltazar, A.C. No. 575, Feb. 14, 1991,
a lawyer was suspended for notarizing documents without notarial commission.
The Supreme Court called it "irreprehensible", constituting not only malpractice
but also commission of separate crime of falsification of public documents. (See:
In the Matter of Disbarment of Dominador Flores; City Fiscal Lozada vs. Flores,
21 SCRA 1267). Notarization of a private document converts such document into
a public one and renders it admissible in court without further proof of its
authenticity. (Sec. 24, Rule 132; Antellon vs. Barcelona, 37 Phil. 148). Courts,
administrative agencies and the public at large must be able to rely upon the
acknowledgment executed by a notary public and appended to a private
instrument. Notarization is not an empty routine; to the contrary, it engages
public interest in a substantial degree and the protection of that interest requires
preventing those who are not qualified or authorized to act as notaries public
from posing upon the public and the courts and administrative offices generally.
(Rebolleda vs. Intermediate Appellate Court, 155 SCRA 520).
Q - If a lawyer receives money for a client and he does not remit it but instead
appropriates it for himself, can he be penalized? Why?
- Yes. To receive money for a client and fail to remit the same, a lawyer may be
disbarred because it is a clear breach of the lawyer's oath to which he swore to
observe. In Licuanan vs. Melo, 170 SCRA 100, a lawyer collected rentals of his
client's apartments but failed to remit the same despite inquiries. It was held as a
clear malpractice and unprofessional for him to misappropriate said funds. He
displayed lack of honesty and good moral character. (See also Navarro vs.
Meneses III, CBD, AC No. 313, January 30, 1998,91 SCAD 285).
Money collected by a lawyer on a judgment rendered in favor of a client

constitutes a trust fund and must be immediately paid to the client. (Batiller vs.
Potenciano, Dec. 4, 1989).
Q - A lawyer Stole a document evidence from the record of a case. State the effect
of his act. Explain.
- He can be disbarred. A lawyer is an officer of the court. He is like the court

itself. In this case, where the lawyer was disbarred earlier but reinstated, the BC
said an incorrigible practitioner of dirty tricks would be ill-suited to discharge the
role of an instrument to advance the ends of justice. (Fernandez, et at. vs. Grecia,
A.C. No. 3694, June 17, 1993,42 SCAD 438).
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Q - State some rules in the suspension of lawyers by the Supreme Court and the
purpose of the same.
- They are:
1) There is no need to refer the case to the OSG for the initiation of the
charges;
2) The Supreme Court has the authority to confront and prevent a substantive
evil which is the degradation of the justice system of the country and the
destruction of the standards of professional conduct required of the
members of the bar;
3) The imposition of indefinite suspension is not cruel or unusual
punishment.
This is to give him a chance to purge himself on his own good time on his
contempt and misconduct exhibiting appropriate repentance and demonstrating
his willingness and capacity to live up to the existing standards of a member of
the bar. (Zaldivar vs. Gonzales, 170 SCRA 1).
Q - For immorality, a lawyer may be suspended. When may such suspension be

lifted? Explain.
. - For immorality, a lawyer was indefinitely suspended. In Cordova vs. Cordova,

Nov. 29, 1989, the Supreme Court said that, it would lift the suspension if he
could show that he has and continues to provide for the support of his legitimate
family and that he has given up the immoral course of conduct that he has clung
to.
- For, as has been said in Tolosa vs. Cargo, March 3, 1989, a lawyer must not
only comply with the rigorous standards of conduct appropriately required of
a member of the bar. He must not only be .seen of good moral character, and
leading the good lines in accordance with the highest standards of the
community.
Q - What is the effect if a lawyer notarizes a document signed by a deceased

person? Explain.
- Notarization by a lawyer of documents signed by deceased persons constitutes
negligence which should warrant suspension from the practice of law. It is the
duty of the notarial officer to demand that a document be signed in his presence
by the real parties thereto; the notarial officer must observe "utmost care" to com-
ply with the elementary formalities in the performance of his duties. (Dinoy vs.
Rosal, 54 SCAD 481, 235 SCRA 419, Aug. 17, 1994).
Q - What is the effect if a lawyer violates BP BIg. 22 and is convicted? Explain.
- Violation of BP BIg. 22 is a crime involving moral turpitude, hence, conviction

of a lawyer of such crime justifies her suspension from the practice of law. Said
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crime imports deceit and a violation of her attorney's oath and the Code of
Professional Responsibility under both of which she was bound to "obey the laws
of the land." (People vs. Tuanda, 181 SCRA 692, Jan. 30, 1990).
Q - A lawyer used the IBP receipt number of another lawyer. Give the effect of
such act.
- A lawyer deserves to be suspended for using, apparently through negligence,
the IBP official receipt number of another lawyer. (Bongalonta vs. Castillo, 58
SCAD 233, 240 SCRA 310, Jan. 20, 1995). He violated his duty not to engage in
unlawful, dishonest and deceitful conduct.
Q - X engaged the services of Atty. A when he was sued by Y. He paid A but

the latter failed to file the answer for his client. State the effect of such act.
- He can be suspended for his failure to attend to the interest of his client.
Q - How is disbarment instituted?

- Disbarment is instituted:
1) By the Supreme Court, motu proprio; or

2) By the IBP Board of Governors:
(a) Motu proprio; or
(b) upon referral by the Supreme Court; or
(c) upon referral by a chapter Board of officers at the instance of any person.
Q - State the requirements in a complaint for disbarment.

- The complaint must:
1) be verified;
2) state clearly and concisely the facts complained of;
3) be supported by affidavits of persons having personal knowledge of acts
therein alleged, or document which may substantiate it;
4) be filed with six (6) copies furnished the Secretary of the IBP or any of its
chapters.
Q - State the procedure for disbarment proceeding in the IBP after complaint is
filed.
- The following is an outline of the procedure of a disbarment proceeding after it
is filed with the IBP:
1. The case shall be assigned to a National Grievance Investigator where the

Board of Governors shall appoint one from among IBP members or three (3)
when special circumstances warrant;
2. If the complaint is meritorious, the respondent shall be served with a copy

requiring him to answer within 15 days form service;
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3. The respondent shall file an answer containing 6 ( six) copies and shall verify
the same; after receipt of the answer or lapse of the period to do so, the
Supreme Court may, muto proprio or at the instance of the IBP Board of
Governors, upon recommendation by the Investigator, suspend an attorney
from practice for any of the causes under Rule 138, Sec. 27, during the
pendency of the investigation;
4. After joinder of the issues or failure to answer, the respondent shall be given
full opportunity to defend himself. But if the respondent fails to appear to
defend himself inspite of notice, the investigator may proceed ex parte. The
investigation shall be terminated within three (3) months from
commencement which period may be extended;
5. The Investigator shall make a report to the Board of Governors within 30 days
from termination of the investigation which report shall contain his findings
and recommendations together with the evidence;
6. The Board of Governors shall have the power to review the decision of the
Investigator. Its decision shall be promulgated within a period not exceeding
30 days from the next meeting of the Board following the submission of the
report of the Investigator:
a) If the decision is a finding of guilt of the charges, the IBP Board of

Governors shall issue a resolution setting forth its findings and
recommendations which shall be transmitted to the Supreme Court for
final action together with the record;
b) If the decision is for exoneration, or if the sanction is less than suspension
or dismissal, the Board shall issue a decision exonerating the respondent
or imposing a lesser sanction. The resolution exonerating the respondent
shall be considered as terminating the case unless upon petition of the
complainant or other interested party filed with the Supreme Court within
15 days from notice of the Board's decision.
Q - What are the grounds to disqualify an investigator appointed by the Board of

Governors?
- They are the following:

1) If he is related to the respondent or counsel within the 4th degree of
consanguinity or affinity;
2) If he has pecuniary interest with the respondent;
3) If he has personal bias; and
4) If he has acted as counsel for either party, unless the parties sign and enter
upon the record their written consent.
Q - How may the investigator be disqualified if he does not inhibit himself?
- He may be disqualified by an order of the IBP Board of Governors upon a vote

________________________________________________________________
of majority of the Board upon the instance of either party. Or, he may be re-
moved for cause by a vote of at least six (6) members of the IBP Board of
Governors.
Q - State the remedy of a party if the case is dismissed.
- The decision is reviewed by the Supreme Court motu proprio or upon a timely
appeal by complainant within 15 days from notice of dismissal.
Q - State the procedure for disbarment in the Supreme Court:
1. Upon the initiation of the complaint, the SC may refer the case for
investigation to the Solicitor General, or any officer of the Supreme Court, or
judge of a lower court;
2. If referred, the investigator shall proceed with the investigation and make a
report to the Supreme Court.
Q - Who may impose the penalty of suspension of an attorney?
- Suspension of an attorney may be imposed by:
1. The Supreme Court, pending investigation under Rule 138-B;

2. The CA or RTC whose decision shall be transmitted to the Supreme Court for
investigation.
Q - Describe the nature of a disbarment/suspension proceedings against a lawyer.
- The proceedings shall be private and confidential but the Supreme Court
resolution shall be published.
Q - What is the basic purpose of disbarment?
- The purpose of disbarment is not meant as a punishment to deprive an attorney

of a means of livelihood but is rather to protect the courts and the public from the
misconduct of the officers of the court and to ensure the proper administration of
justice. (Geaslin vs. Navarro, 185 SCRA 230, May 9, 1990).
Q - Describe the power of the Supreme Court to discipline lawyers.

- The power to punish for contempt of court does not exhaust the scope of
disciplinary authority of the court over lawyers. The disciplinary authority of the
court over members of the Bar is but corollary to the court's exclusive power of
admission to the Bar. An attorney will be removed not only for malpractice, and
dishonesty in his profession, but also for gross misconduct not connected with
his professional duties, which shows him to be unfit for the office and unworthy
of the privilege which his license and the law confer upon him. (Santos vs. CFI of
Cebu, Branch IV, 185 SCRA 472, May 18, 1990).
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Q - May a lawyer who has been disbarred be reinstated? Explain.
- Yes, but that is a matter of discretion of the Court

Reinstatement to the practice of law of one who has been previously
disbarred rests on whether or not the applicant has satisfied and convinced the
Court by positive evidence that the efforts he has made to ward the rehabilitation of
his character has been successful, and therefore, he is entitled to be readmitted to a
profession that is intrinsically an office of trust. (Prudential Bank vs. Grecia, 192
SCRA 381, Dec. 18, 1990).
Q - Describe the proceedings for disbarment of lawyers.
. - Proceedings for the disbarment of members of the bar are not in any sense civil
actions where there is a plaintiff and the respondent is the defendant. Disci-
plinary proceedings involve no private interest and afford no redress for private
grievance. They are undertaken for the purpose of preserving courts of justice
from the official ministration of persons unfit to practice. The attorney is called to
answer to the court for his conduct as an officer of the court. The complainant or
the person who called the attention of the court to the attorney's alleged
misconduct is in no sense a party, and has generally no interest in the outcome
except as all good citizens may have in the proper administration of justice. (De
Vera vs. Pineda, 213 SCRA 434, Sept. 2, 1992, citing Tajan vs. Hon. Vicente Cusi,
Jr., 57 SCRA 154, May 30, 1974).
Q - May a lawyer be disbarred or suspended for grounds other than those

enumerated above under Rule 138, Sec. 27 of the Rules of Court? Explain.
- Yes. An attorney may be disbarred or suspended for any violation of his oath or
of his duties as an attorney and counsellor which include the statutory grounds
enumerated in Section 27, Rule 138 of the Rules of Court. These statutory grounds
are so broad as to cover practically any misconduct of a lawyer in his professional or
private capacity. The enumeration of the statutory grounds for disciplinary action is
not exclusive and a lawyer may be disciplined on grounds other than those
specifically provided in the law. Generally, a lawyer may be disbarred or suspended
for any misconduct whether in his professional or private capacity, which shows
him to be wanting in moral character, in honestly, probity and good demeanor or
unworthy to continue as an officer of the court, or an unfit or unsafe person to enjoy
the privileges and to manage the business of others in the capacity of an attorney , or
for conduct which tends to bring reproach on the legal profession or to injure it n the
favorable opinion of the public. Any interested person or the court motu porprio
may initiate disciplinary proceedings. (Marcelo vs. Javier, Sr., 214 SCRA 1, Sept. 18,
1992).
Q - How do you describe the power of the Supreme Court to disbar a lawyer?
Explain.
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- It is a matter of judicial discretion.
The determination of whether an attorney should be disbarred or merely
suspended for a period involves the exercise of a sound judicial discretion,
mindful always of the fact that disbarment is the most severe form of
disciplinary action and should be resorted to only in cases where the lawyer
demonstrates an attitude or course of conduct wholly inconsistent with ap-
proved professional standards. In cases of lighter offenses or of first
delinquency, an order of suspension, which is correctional in nature, should
be inflicted. In view of the nature and consequence of a disciplinary
proceeding, observance of due process, as in other judicial determinations, is
imperative along with a presumption of innocence in favor of the lawyer.
Consequently, the burden of proof is on the complainant to overcome such
presumption and establish his charges by clear preponderance of evidence.
(Marcelo vs. Javier, Sr., supra).
In Resurreccion vs. Sayson, Adm. Case No. 1037, December 4, 1998, 101
SCAD 654, it was ruled that the power to disbar must be exercised with
caution, and only in a clear case of misconduct that seriously affects the
standing and character of the lawyer as an officer of that Court and member
of the Bar. Disbarment should never be decreed where any lesser penalty,
such as temporary suspension, would accomplish the end desired. (Castillo
vs. Taguines, 69 SCAD 291, 254 SCRA 416).
Q - Is it possible for the Supreme Court to discipline a Register of Deeds for

malfeasance of his official functions? Why?
-Yes. For his misconduct as a public official also constitutes a violation of his oath
as a lawyer. The lawyer's oath is a source of his obligations and its violation is a
ground for his. suspension, disbarment or other disciplinary action. The Code of
Professional Responsibility applies as well to lawyers in the government service
in the discharge of their official tasks. (Collantes vs. Renomeron, 200 SCRA 584,
Aug. 16,1991).
Q - When a lawyer was investigated, he stated that he did not perfect an appeal in
a case he handled only to say later on that he withdrew it. Can he be
disciplined for such act? Why?
- Yes, because he made a false statement.
A lawyer must be a disciple of truth. Under the Code of Professional

Responsibility, he owes candor, fairness and good faith to the courts. He shall
neither do any falsehood, nor consent to the doing of any. He also has a duty not to
mislead or allow the courts to be misled by any artifice. (Rule 10.01 of Canon 10,
Code of Professional Responsibility).
For this offense, he was suspended from the practice of law for another year.
True, in Ordonio vs. Eduarte, 207 SCRA 229; Porac Trucking, Inc. vs. Court of
Appeals, 202 SCRA 674 and Erectors, Inc. vs. NLRC, 166 SCRA 728, a suspension of
only six months for a similar malfeasance was imposed. But in this case, his
falsehood is aggravated by its brazenness, for it was committed in an attempt, vain
________________________________________________________________
as it was, to cover up his forum shopping. (Benguet Electric Cooperative, Inc. vs.
Atty. Ernesto B. Flores, A.C. No. 4058, March 12, 1998, 92 SCAD 478).
Q - After more than four (4) years from bis suspension, on January 11, 1993, to be
exact, respondent Raul M. Gonzales filed ex parte Motion to lift his suspension
from the practice of law, alleging the following:
1. That respondent gave free legal aid services to the poor and needy of
Zambales and Iloilo, by paying lawyers to do the same as he could not
personally represent said clients by reason of his suspension;
2. That during his years of suspension, he has pursued civic work, especially
for the poor and displaced people in Zambales, during the height of Mt.
Pinatubo eruption;
3. That respondent has a long record in the service of human rights and the
Rule of Law, especially during the Martial Law years;
4. Respondent pleads for his reinstatement to the practice of law because his
suspension for 51 months has been the longest in Philippine legal annals;
5. Respondent states his profound regrets for the inconvenience which he

has caused to the Court and to some of its members but he wishes to
assure that he did not act with malice much less with a desire to inflict
harm on the Tribunal;
6. Respondent reiterates very sincerely his respect to the institution which is

the Supreme Court as he reiterates his oath to conduct himself as a lawyer
according to the best of his knowledge and discretion, with all good
fidelity as well as to the Courts, as to the clients and finally restating
fealty to the institution which is the Supreme Court which he has always
respected as the ultimate bulwark of freedom, of the Rule of Law, of
human rights and of equity and justice.
Can he be reinstated? Explain.
- Yes, for in fact, the Supreme Court said that this is not a court of vengeance but
of justice. The respondent's contrition, so noticeably absent of his earlier pleadings,
has washed clean the offense of his disrespect. His remorse has softened his
arrogance and made up for his misconduct.
Respondent Raul M. Gonzales' suspension from the practice of law for
more than four (4) years has given him ample time and opportunity to amend his
erring ways, rehabilitate himself, and thus, prove himself worthy once again to
enjoy the privileges of membership of the Bar.
For the proper guidance of respondent Raul M. Gonzales, the SC
reiterated a time-honored rule that the practice of law is a privilege burdened
with conditions. Adherence to the rigid standards of mental fitness, maintenance
of the highest degree of morality and faithful compliance with the rules of the
legal profession are the conditions required for remaining a member of good
________________________________________________________________
standing of the bar and for enjoying the privilege to practice law. The Supreme
Court, as guardian of the legal profession, has ultimate disciplinary power over
attorneys. This authority to discipline its members is not only a right, but a
bounden duty as well. The Court cannot, and will not, tolerate any outbursts
from its members without running the risk of disorder, chaos and anarchy in the
administration of justice. That is why respect and fidelity to the Court is
demanded of its members "not for the sake ofthe temporary incumbent of the
judicial office, but for the maintenance of its supreme importance."
The Supreme Court further said:
"Like the prodigal son in the Biblical story, respondent Raul M. Gonzales comes
before Us repentant. The passage of years has indeed the effect of making people wiser and
humbler, as it has to respondent Raul M. Gonzales. We are convinced of his sincerity to
"reiterate his oath to conduct himself as a lawyer according to the best of his knowledge
and discretion, x x x and to restate his fealty to the institution which is the Supreme
Court x x x. "
Q - Constantino charged Atty. Saludares with conduct unbecoming of a

lawyer for the non-payment of a loan which the latter obtained from
complainant's son. It appears that respondent borrowed Pl,OOO.OO from
complainant's son purportedly for an urgent personal obligation promising
to pay it back promptly the following day. He did not pay despite demands.
Can he be suspended for such act? Why?
- Yes. By his failure to present convincing evidence to justify his non-
payment of the debt, not to mention his seeming indifference to the complaint
brought against him made apparent by his unreasonable absence from the
proceedings before the Solicitor General, respondent failed to demonstrate
that he still possessed the integrity and morality demanded of a member of
the bar. Such conduct is unbecoming and does not speak well of a member of
the bar. A lawyer's professional conduct must at all time be kept beyond
reproach and above suspicion. He must perform his duties to the bar, to the
courts, to his clients, and to the society with honor and dignity. (Constantino
vs. Saludares, Dec. 7. 1993,46 SCAD 597).
Q - The Garcia spouses, the Dionisio spouses and Felisa and Magdalena
Beationg leased a parcel of land to Sotero Lee for a period of 25
years.Despite repeated verbal and written demands, Lee refused to vacate
after the expiration of the lease.
In this disbarment case, Garcia claims that Lee's counsel, Francisco,
commenced various suits before different courts to thwart Garcia's right to
regain her property and that all theseproceedings were decided against Lee.
The proceedings stemmed from the said lease contract and involved the same
issues and parties, thus violating the proscription against forum-shopping. On
the other hand, Francisco contends that he asserted in defense of his client's
right only ~uch remedies as were authorized by law.
Decide.
________________________________________________________________
- The lawyer can be suspended. By grossly abusing his right of recourse to the
courts for the purpose of arguing a cause that had been repeatedly rebuffed, he was
disdaining the obligation of the lawyer to maintain only such actions or proceedings
as appear to him to be just and such defenses only as he believes to be honestly
debatable under the law. By violating his oath not to delay any man for money or
malice, he has besmirched the name of an honorable profession and has proved
himself unworthy of the trust reposed in him by law as an officer of the Court.
(Garcia vs. Francisco, March 30, 1993).
Q - Atty. Daarol was charged for disbarment on grounds of deceit and grossl
immoral conduct.after the respondent and complainant became close to one
another, respondent invited her to a party, thereafter, before taking back to
her house in Dipolog City, he invited her for a joyride; parked the jeep at a
beach; promised her marriage. He started caressing her down to her private
parts. The complainant told her that she was afraid to give what he wanted,
but respondent kept on promising to marry her; then, she obliged. The
sexual intercourse continued on several occasions. The woman became
pregnant, so he sent her and her mother to Manila and promised to follow
them. When he arrived in Manila, he told them that he could not marry her
because he was already married. He promised to work for the annulment of
his marriage since he and his wife had been living separately for 16 years.
Instead, the complainant was sent to Cebu and she delivered her child in
Cebu. Thereafter, he did not see her anymore, hence, the complaint. Can he
be disbarred? Why?
Yes. By his acts of deceit and immoral tendencies to appease his sexual
desires, respondent Daarol has amply demonstrated his moral delinquency.
Hence, his removal for conduct unbecoming by a member of the Bar on the
grounds of deceit and grossly immoral conduct (Sec. 27, Rule 138, Rules of
Court) is in order. Good moral character is a condition which precedes
admission to the Bar (Sec. 2, Rule 138, Rules of Court) and is not dispensed
with upon admission thereto. It is a continuing qualification which all lawyers
must possess (People vs. Tuanda, 181 SCRA 682 [1990]; Delos Reyes vs.
Aznar, 179 SCRA 653 [1989]), otherwise, a lawyer may either be suspended or
disbarred. (Barrientos vs. Daarol, January 29, 1993).
Q - Mariveles engaged the services of Atty. Mallari in a criminal case. He was

convicted, hence, he instructed Mallari to appeal to the CA, but at the CA,
Mallari asked for numerous extensions and failed to file an appeal brief,
resulting in the dismissal of the appeal. He discovered his lawyer's desertion
of his duties when he was subpoenaed to appear for the execution of the de-
cision. Explain the effects of the lawyer's acts.
- He can be disbarred, because he is guilty of abandonment and

dereliction of duty to his client. He demonstrated his indifference and lack of
responsibility to the courts and his client as well as a shameless disregard to
________________________________________________________________
his duties as lawyer. He is unfit for membership in this noble profession.
(Mariveles vs. Mallari, Feb. 17, 1993).
Q - Atty. Balaoing filed several cases against judges in Olongapo City and
Zambales.
The complaint against MTC Judge Dojillo was dismissed for lack of
merit and declared that Balaoing's explanation was unsatisfactory and he
was severely censured for having instituted a patently unfounded and
frivolous administrative action and warned that the commission by him of
the same or similar misconduct will be dealt with severely.
Notwithstanding the above warning, Balaoing again filed two (2)
complaints against Judge Calderon and Judge Maliwanag for grave abuse of
authority and malicious delay in the administration of justice.
In the case of Judge Calderon, it was shown that Balaoing won in a

foreclosure case againstGavilan. After the foreclosed properties were sold
in a public auction, where Balaoing was the highest bidder, a certificate of
sale was issued and the same was registered. Respondent Judge allegedly
prevented the implementation of the writ of possession, to the prejudice of
Balaoing. Respondent Judge explained that he quashed the writ of
possession she earlier issued in favor of Balaoing because Gavilan's widow
and her children were residing in the foreclosed properties and the period
to redeem the said properties had not yet expired.
In the case of Judge Maliwanag, Balaoing, who is the plaintiff in two

civil cases pending before the sala of Maliwanag, alleged that the Judge
abused his authority by refusing to declare as in default the defendants in
said cases despite their repeated failure to attend the pretrial conferences
and to submit their pre-trial briefs. Furthermore, she charged Maliwanag
with gross ignorance of the law for allegedly issuing a patently unjust
order.
All the administrative cases were dismissed for lack of merit. May Atty.
Balaoing be disbarred? Why?
Yes. It is shown from the facts that Balaoing has a penchant for filing
administrative charges against judges in whose sala he has pending cases,
whenever the latter render decisions or issue orders adverse to him and/or
his client. In Bagamasbad vs. Judge De Guzman (AM No. RTC-88, Nov. 7,
1989), the Supreme Court admonished lawyers to be more prudent in filing
administrative charges against members of the judiciary. It is true that "the
lawyer owes entire devotion to the interest of the client, warm zeal in the
maintenance and defense of his rights and the exertion of his utmost learning
and ability. No fear of judicial disfavor or public unpopularity should restrain
him from the full charge of his duty. But it is stead fastly to be borne in mind
that the great trust of the lawyer is to be performed within and not without
the bounds of the law. The office of attorney does not permit, much less does
it demand from him or any client, violation of law or any manner of fraud or
chicanery. He must obey his own conscience and not that of his client.
________________________________________________________________
Balaoing went out of bounds when he filed his baseless and frivolous
administrative complaints against Judges Calderon and Maliwanag with no
other plain and clear purpose than to harass judges, thus, exact vengeance on
them for rendering adverse judgments against him and his client. (Balaoing
vs. Caideron, AM No. RTJ-90-530; Balaoing vs. Maliwanag, AM No. RTJ-676,
April 27, 1993).
Q - The respondent was charged with dishonesty and grave misconduct in

connection with the theft of some pages from a medical chart which was
material evidence in a damage suit filed by his clients against some doctors
and St. Luke's Hospital. Can he be disbarred? Why?
- Yes. By stealing the said pages of the medical chart, he violated Rule 1.01,
Canon 1 of the Codes of Professional Responsibility as well as Canon 7 which
provided:
"Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral and
deceitful conduct."
"Canon 7. - A lawyer shall at all times uphold the integrity and dignity of the legal
profession and support the activities of the Integrated Bar."
A lawyer is an officer of the courts, he is "like the court itself, an instrument or

agency to advance the ends of justice". (People ex reI Karlin vs. Culkin 60
A.L.R. 851, 855). An incorrigible practitioner of "dirty tricks," like Grecia would
be ill-suited to discharge the role of "an instrument to advance the ends of
justice."
The importance of integrity and good moral character as part of a lawyer's

equipment in the practice of his profession has been stressed by the Court re-
peatedly.
"x x x. The bar should maintain a high standard of legal proficiency as wel,! as of
honesty an,d fair dealing. Generally speakiTJg, a lawyer can do honor to the legal
profess~on by faithfully perform,ing his d,uties to society, to the bar, to the courts and to
his clients. To this end, nothing should be done by any member of the legal fraternity
which might tend to lessen in any degree the confidence of the public in the fidelity,
honesty and integrity of the profession. (Marcelo vs. Javier, Sr., A.c. No. 3248,
September 18, 1992).
"x x x. The nature of the office of an attorney at law requires that he shall be a
person of good moral character. This qualification is not only a condition precedent to
admission to the practice of law; its continued possession is also essential for remaining
in the practice of law, in the exercise of privileges of members of the Bar. Gross mis-
conduct on the part of a lawyer, although not related to the discharge of professional du-
ties as member of the bar, which puts his moral character in serious doubt, renders him
unfit to continue in the practice of law. (Melendrez vs. Decena, 176 SCRA 662, 676)
x x x public policy demands that legal work in representation of parties litigant

________________________________________________________________
should be entrusted only to those possessing tested qualification and who are sworn to
observe the rules and the ethics of the profession, as well as being subject to judicial
disciplinary control for the protection of courts, clients and the public." (Phil Asso-
ciation of Free Labor Unions [PAFLU] vs. Binalbagan Isabela Sugar Company, 42
SCRA 302, 305).
By descending to the level of a common thief, respondent Grecia has demeaned and
disgraced the legal profession. He has demonstrated his moral unfitness to continue as a
member of the honorable fraternity of lawyers. He has forfeited his membership in the
Bar.
"Generally, a lawyer may be disbarred or suspended for any

misconduct, whether in his professional or private capacity, which
shows him to be wanting in moral character, in honesty, probity and
good demeanoror unworthy to continue as an officer of'the court, or an
unfit or unsafe person to enjoythe privileges and to manage the
business of others in the capacity of an attorney, or for conduct which
tends to bring reproach onthe legal profession or to injure it in the
favorable opinion of the public." (Marcelo vs. Javier, Sr. A.C. No.
3248, September 16, 1992; Fernandez vs. Grecia, June 17, 1993).
Q - A sworn complaint was filed with the Supreme Court on 24 December 1981,
with the complainant Dorothy B. Terre, charging respondent Jordan Terre, a
member of the Philippine Bar with "grossly immoral conduct," consisting of
contracting a second marriage and living with another woman other than
complainant, while his prior marriage with complainant remained subsisting.
His defense was that his first marriage with complainant is void, hence,
his marriage with his second wife is valid. There is, therefore, no immoral
conduct. Is his defense valid? Why?
.- No. When the second marriage was entered into, respondent's prior
marriage with the complainant was subsisting, no judicial action having been
initiated or any judicial declaration as to nullity of the same. That he was in
good faith was not accepted since his pretended defense was the same thing
which he used to inveigle complainant into believing that her prior marriage
was void. The moral character of respondent was deeply flawed, hence, his
acts eloquently displayed, not only his unfitness to remain as a member of the
Bar, but likewise his inadequacy to uphold the purpose and responsibility of
his gender because marriage is a basic social institution. (Arroyo vs. CA, G.R.
Nos. 96602 and 96715, Nov. 19, 1991).
In Pomperada vs. Jochico, 133 SCRA 309 (1984), it was said, in rejecting a
petition to be allowed to take the oath as a member of the Bar and to sign the Roll
of Attorneys:
"It is evident that respondent fails to meet the standard of

moral fitness for membership in the egal profession. Whether the
marriage was a joke as respondent claims, or a trick played on her as
claimed by complainant, it does not speak well of respondent's moral
________________________________________________________________
values. Respondent had made a mockery of marriage, a basic social
institution which public policy cherishes and protects. (Cordova vs.
Cordova, 179 SCRA 680 [89J; Laguitan vs. Tinio, 179 SCRA 837).
In Bolivar vs. Simbol, 16 SCRA 623, the Court found the respondent guilty of "grossly
immoral conduct" because he made "a dupe of complainant living on her
bounty and allowing her to spend for his schooling and other personal
necessities while dangling before her the mirage of a marriage, marrying
another girl as soon as he had finished his studies, keeping his marriage a
secret while continuing to demand money from complainant. x x x." The Court
held such acts "indicative of a character not worthy of a member of the Bar."
The SC said that the conduct of respondent Jordan Terre in inveigling complainant
Dorothy Terre to contract in a second marriage with him; in abandoning
complainant Dorothy Terre after she had cared for him and supported him
through law school, leaving her without means for the safe delivery of his own
child; in contracting a second marriage with Helina Malicdem while his first
marriage with complainant Dorothy Terre was subsisting, constituted "grossly
immoral conduct" under Section 27 of Rule 138 of the Rules of Court, affording
more than sufficient basis for disbarment of respondent Jordan Terre. He was
unworthy of admission to the Bar in the first place. The Court will correct this
error forthwith. (Terre vs. Terre, July 3, 1992).
Q -A lawyer enticed his 85-year old aunt to entrust all her money to him. He later
on refused to return it. Can he be disbarred? Why?
- Yes, because he violated the Code of Professional Responsibility as well

as his oath as an attorney. His deceitful conduct makes him unworthy of
membership in the legal profession. The nature of the office of a lawyer requires
that he shall be of good moral character. This qualification is not only a condition
precedent to admission to the legal profession but its continued possession is
essential to maintain one's good standing in the profession. He was disbarred.
(RayosOmbac vs. Rayos, 90 SCAD 742, 285 SCRA 93).
Q - What is the effect if the complainant in a disbarment case executes an

affidavit of withdrawal of the case? Why?
- Nothing, as it does not exonerate the respondent. A case of disbarment or

suspension may proceed regardless of interest or lack of interest of the
complainant. What matters is whether, on the basis of the facts borne out by the
record, the charge of deceit and grossly immoral conduct has been duly proven.
(Rayos-Ombac vs. Rayos, supra).
Q - What is the nature of a disciplinary proceeding?

- A proceeding for suspension or disbarment is not in any sense a civil
action where the complainant is a plaintiff and the respondent is a defendant. It
involves no private interest and afford no redress for private grievance. It is
________________________________________________________________
undertaken and prosecuted solely for the public welfare and for preserving
courts of justice from the official ministration of persons unfit to practice law in
them. The attorney is called to answer to the court for his conduct as an officer of
the court. (Rayos-Ombac vs. Rayos, supra).
Q - What is the effect if a lawyer procures personal loans through insinuations of

his power as an influence peddler in the Bureau of Customs and issues bad
checks and takes advantage of his government office?
- He can be suspended, for a lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct. In the case at bar, the lawyer's propensity for
employing deceit and misrepresentation as well as his cavalier attitude towards
incurring debts without the least intention of repaying them is reprehensible.
This disturbing behavior cannot be tolerated most especially in a lawyer who is
an officer of the court. (Co vs. Bernardino, 90 SCAD 750, 285 SCRA 102).
Q - If a lawyer fails to appeal a case, can he be suspended? Why?
Yes, because a lawyer shall not neglect a legal matter entrusted to him and
his negligence in connection therewith shall render him liable. (Villaluz, et aI. vs.
Armenta, et aI., 90 SCAD 658, 285 SCRA 1).
Q - Does it mean that he can be suspended even if he believes that such appeal
is useless? Why?
Yes, because it is highly improper for him to adopt such opinion

without any clear instruction from his client not to appeal the adverse verdict.
A lawyer owes entire devotion in protecting the interest of his client, warmth
and zeal in the defense of his rights. He must use all his learning ability to the
end that nothing can be taken or withheld from his client in accordance with
law. He must present every remedy or defense within the authority of the law
in support of his client's cause, regardless of his personal views. (Reontoy vs.
Ibadlit, 90 SCAD 738, 285 SCRA 88). In fact, a lawyer has no right to waive his
client's right to appeal.
JUDICIAL ETHICS
JUDICIAL ETHICS
is the branch of moral science which treats of the right and proper
conduct to be observed by all judges in trying and deciding controversies
brought before them for adjudication which conduct must be demonstrative of
________________________________________________________________
impartiality, integrity, competence, independence and freedom from
improprieties. This freedom from improprieties must be observed in both the
public and private life of a judge - being the visible representation of the law.
• Sources of Judicial Ethics:

1. Code of Judicial Conduct
2. Constitution (Art VIII, Art IX and Art III)
3. New Civil Code (Articles 9, 20, 27, 32, 35, 739,1491,2005,2035,2046)
4. Revised Rules of Court(Rules71,135,137,139B,140)
5. Revised Penal Code (Articles 204,205,206,207)
6. Anti-Graft and Corrupt Practices Act (RA 3019)
7. Canons of Judicial Ethics (Adm. Order No. 162)
8. Code of Professional Responsibility
9. Judiciary Act of 1948 (RA 296)
10. Judiciary Reorganization Act of 1930 (8P129)
11. Supreme Court Decisions
12. Foreign Decisions
13. Opinions of authorities
14. Other Statutes
15. SC Circulars
• Court - a board or other tribunal which decides litigation or contest (Hidalgo vs.
Manglapus, 64 D.G. 3189). A court may exist without a judge.
• Judge - a public officer who, by virtue of his office, is clothed with judicial authority.
A public officer lawfully appointed to decide litigated questions in accordance with
law (People VS. MananttJn, 5 SCRA 687). This refers to persons only. There may be a
judge without a court.
.
• De jure judge - one who is exercising the office of judge as a matter of right, an
officer of a court who has been duly and legally elected or appointed and whose
term has not expired. An officer of the law fully vested with all of the powers and
functions conceded under the law to a judge, which relate to the administration of
justice within the jurisdiction over which he presides (Luna V$. Rodriguez, 37 Phil.
191).
• De facto judge - a judge who in good faith continues to act and is recognized by
common error after the abolition of his court by statute is deemed judge de facto of
the new court which succeeds to the jurisdiction of that presided over by him (U.S.
vs. Abalos, 1 Phil 76). An officer who is not fully vested with all the powers and
duties. conceded to judges, but is exercising the office of a judge under some color of
right.
• Qualifications to be Supreme Court Members:

1. Natural born citizen of the Philippines
2. At least 40 years of age
3. Must have been at least for 15 years, a judge of a lower court or engaged in the
practice of law (Sec. 7(2), Art. VIII, 1987 Constitution)
________________________________________________________________
• Qualifications to be Judges:
1. Citizen of the Philippines
2. Member of the Bar (Sec. 7(2), Art. VIII, 1987 Constitution)
3. Must be a person of proven competence, integrity, probity and independence
(Sec. 7(3), Art. VIII, 1987 Constitution)
________________________________________________________________
• Qualifications of Justices and Judges under the Judiciary Reorganization Act
of 1980 (B.P. 129):
1. Presiding Justice and Associate Justices of the Court of Appeals shall have the same
qualifications as those provided in the Constitution, for Justices of the Supreme
Court (Sec. 5)
2. RTC judges shall be natural born citizens of the Philippines, at least 35 years 0 age
and for at least ten years, has been engaged in the practice of law in the Philippines
or has held a public office in the Philippines requiring admission to the practice of
law as an indispensable requisite (Sec. 15).
3. MTC judges shall be natural born citizens of the Philippines, at least 30 years of age,
and for at least five years, has been engaged in the practice of law in the Philippines,
or has held a public office in the Philippines requiring admission to the practice of
law as an indispensable requisite.
CODE OF JUDICIAL CONDUCT
PREAMBLE
An honorable, competent and independent judiciary exists to administer justice and

thus promote the unity of the country. The stability of government, and the well-
being of the people.
CANON 1
A JUDGE UPHOLD THE INTEGRITY AND INDEPENDENCE OF THE JUDICIARY
RULE 1.01 -A judge should be the embodiment of competence, integrity and

independence.
RULE 1.02 - A judge should administer justice impartially and without delay.
RULE 1.03-A judge should be vigilant against any attempt to subvert the independence
of the judiciary and should forthwith resist any pressure from whatever source intended
to influence the performance of official functions.
• Judges should avoid even the slightest infraction of the law.
• Must be models of uprightness, fairness and honesty
• Should - not relax in his study of the law and court decisions.
________________________________________________________________
• Must decide motions without delay.
• Should also appear impartial
CANON 2
A JUDGE SHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF

IMPROPRIETY IN ALL ACTIVITIES.
RULE 2.01- A judge should so behave at times as to promote public confidence in the
integrity and impartiality of the judiciary.
RULE 2.02- A judge should not seek publicity for personal vainglory.
RULE 2.03- A judge shall not allow family, social, or other relationships to influence
judicial conduct or judgement. The prestige of judicial office shall not be used or lent to
advance the private interest of others, nor convey or permit others to convey the
impression that they are in a special position to influence the judge.
RULE 2.04- A judge should refrain from influencing in any manner the outcome of
litigation or dispute pending before an-other court or administrative agency.
• A judge must be beyond suspicion. He has the duty not only to render a just and
impartial decision but also to render it in such a manner as to be free from any
suspicion as to its fairness and impartiality, and also as to his integrity.
• Every litigant is entitled to nothing short of the cold neutrality of an independent,

wholly free disinterested and impartial tribunal.
• A judge must be temperate in his language and must not lose his cool.
• A judge is prohibited from making public statements in the media regarding a

pending case so as not to arouse public opinion for or against a party (violates the
Principle of Subjudice)
• Judges must not use or permit the use of any undignified self-laudatory statement
regarding their qualifications or legal services.
• A judge must not allow anyone to ride on his prestige. He should not create the
________________________________________________________________
impression that someone or some people are so close to him to enjoy his favor.
CANON 3
A JUDGE SHOULD PERFORM OFFICIAL DUTIES HONESTLY, AND WITH

IMPARTIALITY AND DILIGENCE ADJUDICATIVE RESPONSIBILITIES.
RULE 3.01- A judges shall be faithful to the law and maintain professional competence.
• Judge should be conversant with the law and Its amendments.

RULE 3.02- In every case, a judge shall endeavor diligently to ascertain the facts and the
applicable law unswayed by partisan interests, public opinion or fear of criticism.
• Finding, of facts must be based not on the personal knowledge of the judge but upon
the evidence presented.
• If the personal view of the judge contradicts the applicable doctrine promulgated by
the Supreme Court, nonetheless, he should decide the case in accordance with that
doctrine and not in accordance with his personal views. He is however not
prohibited from stating his own opinion on the matter if he wants to' invite
constructive attention thereto.
RULE 3.03- A judge shall maintain order and proper decorum in the court.
RULE 3.04 - A judge should be patient, attentive, and courteous to lawyers, especially
the inexperienced, to litigants, witnesses, and others appearing before the court. A judge
should avoid unconsciously falling into the attitude of mind that the litigants are made
for the courts, instead of the courts for the litigants.
• Conduct of trial must not be attended with fanfare and publicity; not permit pictures
or broadcasting.
Must use temperate language should not make insulting remarks
RULE 3.05 - A judge shall dispose of the court's business promptly and decide cases
within the required periods
RULE 3.06 - While a judge may, to promote justice, prevent waste of time or clear up
some obscurity, properly intervene in the presentation of evidence during the trial, it
________________________________________________________________
should always be borne in mind that undue interference may prevent the proper
presentation of the cause or the ascertainment of truth.
RULE 3.07 - A judge should abstain from making public comments on any pending or
impending case and should require similar restraint on the part of court personnel.
• A judge must properly organize his court to ensure prompt and convenient dispatch
of its business (Canon 8, Canons of Judicial Ethics)
• A judge should closely supervise court personnel so that adequate precautions are
taken sending out subpoenas, summons, and court processes to ensure that they are
timely served and received (SC Circular No. 13 dated July 31, 1987, Par. 4[a])
• Ascertain that the records of all cases are properly kept and managed.
• Maintain a checklist on the cases submitted for decision with a view to knowing
exactly the specific deadlines for the resulution/decision of the said cases.
• Loss of records: gross negligence
• Should be a good manager
• May summarily punish any person including lawyers and court personnel for direct
contempt for misbehavior committed in the presence of or so near a court or a judge
as to obstruct or interrupt the proceedings before the same (Rule 71, Revised Rules
of Court)
• May not summarily suspends a lawyer for indirect contempt.
Every court has the inherent power among others, to preserve and enforce orders in its
immediate presence to compel obedience to its judgments, orders and processes and to
control, In furtherance of justice the conduct of its ministerial officers (Sec. 5,
Rule 135 ~O, Revised Rules of Court) .
• Judge Was the power to appoint, but the power to dismiss court employees is vested
in the Supreme Court.
• If knowingly nominate or appoint to any public office any person lacking the legal
qualification therefor, shall be guilty of unlawful appointment punishable with
imprisonment and fine (Alt. 244, Revised Penal Code).
ADMINISTRATIVE RESPONSIBILITIES
RULE 3.08 - A judge should diligently discharge administrative responsibilities,

maintain professional competence in court management, and facilitate the performance
of the administrative functions or other judges and court personnel.
________________________________________________________________
RULE 3.09 - A judge should organize and supervise the court personnel to ensure the
prompt and efficient dispatch of business, and require at all times the observance of
high standards of public service and fidelity.
RULE 3.10 - A judge should take or initiate appropriate disciplinary measures against
lawyers or court personnel for unprofessional conduct of which the judge may have
become aware.
RULE 3.11 - A judge should appoint commissioners, receivers, trustees, guardians,
administrators and others strictly on the basis of merit and qualifications, avoiding
nepotism and favoritism. Unless otherwise allowed by law, the same criteria should be
observed in recommending appointment of court personnel. Where the payment of
compensation is allowed, it should be reasonable and commensurate with the fair value
of services rendered.
DISQUALIFICATION
RULE 3.12 - A judge should take no part in a proceeding where the judge's
impartiality might reasonably be questioned. These cases include among others,
proceedings where:
a) the judge has personal knowledge of disputed evidentiary facts concerning the
proceeding;
b) the judge served as executor, administrator, guardian, trustee or lawyer in the

case or matter in controversy, or a former associate of the judge served as counsel
during their association, or the judge or lawyer was a material witness therein;
c) the judge's ruling in a lower court is the subject of review;
d) the judge is related by consanguinity or affinity to a 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 financial interest, as heir,
legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy or in a
party to the proceeding, or any other interest that could be substantially affected by the
outcome of the proceeding.
In every instance, the judge shall indicate the legal reason for inhibition.
• Petition to disqualify judge must be filed before rendition of judgment by the judge;
can't be raised first time on appeal.
• If a judge denies petition for disqualification. the ultimate test: is whether or not the
complaint was deprived of a fair and Impartial trial.
Remedy seek new trial.
________________________________________________________________
REMITTAL OF DISQUALIFICATION
RULE 3.13 -A judge disqualified by the terms of Rule 3.12 may, instead of
withdrawing from the proceeding, disclose on the record the basis of disqualification. If,
based on such disclosure, the parties and lawyers independently of the judge's
participation, all agree in writing that the reason for the inhibition is immaterial or
insubstantial, the judge may then participate in the proceeding. The agreement, signed
by all parties and lawyers, shall be incorporated in the record of the proceeding.
CANON 4 - A judge may, with due regard to official duties, engage in activities to
improve the law, the legal system and the administration of justice.
Rule 4.01 - A judge may, to the extent that the following activities do not impair
the performance of judicial duties or case doubt on the judge's impartiality:
a. speak, write, lecture, teach or participate in activities
concerning the law, the legal system and the administration of
justice;
b. appear at a public hearing before a legislative or executive
body on matters concerning the .law, the legal system or the
administration of Justice and otherwise consult with them on
matters concerning the administration of justice;
c. serve on any organization devoted to the improvement of the
law, the legal system or the administration of justice.
• Decision to engage in these activities depends upon the sound judgment of

the judge.
• If has not enough time to spare (such as when caseload is too heavy prudence
dictates, he must concentrate on his judicial duties.
• If a judge has time to spare, the best attitude to take is to participate in activities
which are closely related to the performance of his duties and which do not consume
much of his time and energy.
CANON 5
A JUDGE SHOULD REGULATE EXTRA-JUDICIAL ACTIVITIES TO MINIMIZE
THE RISK OF CONFLICT WITH JUDICIAL DUTIES ADVOCATIONAL, CIVIC
AND CHARITABLE ACTIVITIES.
RULE 5.01 - A judge may engage in the following activities provided that they do
not interfere with the performance of judicial duties or detract from the dignity of the
court:
________________________________________________________________
a) write, teach and speak on non-legal subjects;
b) engage in the arts, sports, and other special recreational activities;
c) participate in civic and charitable activities;
d) serve as an officer, director, trustee, or non-legal advisor of a
non-profit or non political educational, religious, charitable, fraternal, or civic
organization.
FINANCIAL ACTIVITIES
RULE 5.02 - A judge shall refrain from financial and business dealing that tend
to reflect adversely on the court's impartiality, interfere with the proper performance
of judicial activities or increase involvement with lawyers or persons likely to come
before the court. A judge should so manage investments and other financial interests
as to minimize the number of cases giving grounds for disqualifications.
RULE 5.03 - Subject to the provisions of the proceeding rule, a judge may hold and
manage investments but should not
serve as officer, director, manager, advisor, or employee of any business except as
director of a family business of the judge.
RULE 5.04 -A judge or any immediate member of the family shall not accept a gift,
bequest, factor or loan from anyone except as may be allowed by law.
RULE 5.05 - No information acquired in a judicial capacity shall be used or disclosed by

a judge in any financial dealing or for any other purpose not related to judicial activities.
• Prohibitions under the Revised Penal Code:
Art 215. Prohibited Transaction. The penalty of prision correccional in its minimum
period or a fine ranging from P200 to P1000 or both, shall be Imposed upon any
appointive public officer who, during his incumbency, shall directly or indirectly
become interested in any transaction of exchange or speculation within the territory
subject to his jurisdiction.
Art 216. Possession of prohibited interest by a public officer. The penalty of arresto
mayor in its medium period to prison correccional in its minimum period, or a fine ranging
from P200 to P1000, or both, shall be imposed upon a public officer who directly and
indirectly, shall become Interested in any contract or business which it is his official
duty to intervene.
• Acceptance of gifts given by reason of the office of a public officer is indirect bribery
(Art. 211, RPC)
• When he agrees to perform an act constituting a crime in connection with the

performance of his official duties in consideration of any offer, promise, gift or
present received by such officer, he is guilty of direct bribery (Art. 210, RPC)
• Sec 3. Corrupt practices of public officers. In addition to acts or omissions of public

officers already penalized by existing law, the following shall constitute corrupt
________________________________________________________________
practices of any public officer and are hereby declared to be unlawful:
(h) Directly or indirectly having financial or pecuniary interest in any business, or
contract or transaction In connection with which here intervenes or takes part in his
official capacity or in which he is prohibited by the Constitution or by any law from
having any interest, (Sec. 3(h), RA 3019)
• Donations given to a judge, or to his wife, descendants or ascendants by reason of

his office are void (Art. 739, Civil Code)
• General Rule: Avoid taking or receiving loans from litigants (Sec. 2 [b] and [c] of R.A.
3019, and Sec. 16, art. VIII of the Constitution)
Exception (AGCPA): Unsolicited gifts or presents of small value offered or given as

a mere ordinary token of gratitude or friendship according to local custom or usage
(Sec. 14 of R.A. 3019)
• No solicitation of funds by public officials (Sec. 7 [d], R.A. 6713)
FIDUCIARY ACTIVITIES
RULE 5.06 - A judge should not serve as the executor, administrator, trustee, guardian,
or other fiduciary, except for the estate, trust, or person of a member of the immediate
family, and then only if such service will not interfere with the proper performance of
judicial duties. "Member of immediate family" shall be limited to the spouse and
relatives within the second degree of consanguinity. As a family, a judge shall not:
a) serve in proceedings that might come before the court of said judge; or
b) act as such contrary to Rules 5.02 to 5.05.
PRACTICE OF LAW AND OTHER PROFESSION
RULE 5.07 - A judge shall not engage in the private practice of law. Unless prohibited
by the Constitution or law, a judge may engage in the practice of any other profession
provided that such practice will not conflict or tend to conflict with judicial functions.
• Includes preparation of pleadings or papers in anticipation of litigation, and giving

of legal advice to clients or persons needing the same.
• Not engage in notarial work.

Exception: "Notaries public ex-oficio" - may engage only in notarization of
documents connected with the exercise of their official functions. Provided all
notarial fees on account of the government and certification attesting to lack of any
lawyer or Notary Public.
• Sworn statement of assets and. liabilities including statement of amounts and

services of income, the amount of personal and family expenses and the amount of
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income tax is paid for the next preceding calendar year.
FINANCIAL DISCLOSURE
RULE 5.08 - A judge shall make full financial disclosures as required by law.
RULE 5.09 - A judge shall not accept appointment or designation to any agency
performing quasi-judicial or administrative functions.
POLITICAL ACTIVITIES
RULE 5.10 – a judge is entitled to entertain personal views on political questions.

But to avoid suspicion of political partisanship, a judge shall not make political
speeches, contribute to party funds, publicly endorse candidates for political office
or participate in other partisan political activities.
COMPLIANCE WITH THE CODE OF JUDICIAL CONDUCT
All judges shall strictly comply with this code.
DATE OF EFFECTIVITY
This code, promulgated on 5 September 1989, shall take effect on 20 October 1989.
Liabilities of Judges
Administrative Liabilities:
• Grounds for administrative sanctions against judges (Sec. 67 of the Judiciary Act of
1(48)
1. Serious misconduct - implies malice or wrongful intent, not mere error of
judgment, judicial acts complained of must be corrupt or inspired by an
intention to violate the law. or were in persistent disregard for well-known
legal rules
2. Inefficiency - implies negligence, incompetence, ignorance, and carelessness,
when the judge fails to observe in the performance of his duties that diligence,
prudence and circumspection which the law require: in the rendition of any
public service.
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Instances of serious misconduct:

1. Unjustifiable failure to decide cases within reglementary period
2. Failure to deposit funds with the municipal treasurer or to produce them despite
his promise to do so
3. Misappropriation of fiduciary funds
4. Extorting money from a party-litigant who has a case before his court
5. Solicitation of donation for office equipment
6. Unlawful solicitation in violation of R.A. No. 6713
7. Frequent unauthorized absences in office
8. Falsification of certificate of service to collect salary
9. Declaring Wednesdays as non-session days which the judge declared as his
"Mid-week pause"
10. Indefinite postponement for, several years of a criminal case pending in his sala
11. Judges is poking his gun to another in a restaurant while in a sate of intoxication
12. Pistol-whipping the complainant on the latter's left face without any justification
13. Acting as counsel and/or attorney-in-fact for all the, parties with opposing
interests on a parcel of land in pursuance of his personal self-interest
14. Using intemperate language unbecoming of a judge
15. Failure to reply to a show cause resolution of the Supreme Court
16. Loss of records
17. Inaction by judge which is the tantamount to partiality in favor of one party ...
among others.
• Instances of gross inefficiency:

1. Delay in the disposition of cases
2. Unduly granting repeated motions for postponement of a case
3. Gross incompetence and ignorance of the law
4. Reducing to a ridiculous amount the bail bond of the accused in a murder case
5. Including execution in the judgment itself
6. Dismissing uncalendared criminal cases without verifying whether the other
parties had received the notices of court hearings…among others
• Procedure for filing an administrative complaint (Rule 140 of the Revised Rules of
Court):
1. Complaint in writing setting forth clearly the facts and circumstances relied upon
and sworn to and supported by affidavits and documents
2. Service or dismissal, which must followed by an answer within 10 days from date of
service ‘
3. Answer and hearing
4. Report filed with the Supreme Court of findings accompanied by evidence and
documents
Civil Liabilities:
• Civil Liabilities Re Official Functions:

a. Obstructs, defeats, violates or in any manner impedes or impairs the civil
rights.
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b. Willful or negligent rendition of a decision which causes damages to another
c. For damages: rendering/neglecting to decide a case causing loss to a party.
• Civil Code Disabilities:

Rule: Can't purchase properties subject of litigation is his court.
Exception: Does not apply where the subject property was not acquired from any
of the parties to the case, nor will it apply when the litigation is already finished.
• Donations made to a judge by reason of his office are void.
• Taking advantage of his position to boost his candidacy amounts to 'gross

misconduct.
• Cannot serve as officers or advisers of political groups.
Criminal Liabilities
• Malfeasance under the RPC:

a. Knowingly Rendering Unjust Judgment (Art. 204, RPC)
The elements are.
1. That the officer is a judge;
2. That he renders judgment in a case submitted to him for decision;
3. That the judgment is unjust;
4. The judge knows that his judgment is unjust.
b. Judgment Rendered Through Negligence (Art. 205, RPC)

The elements are:
1. That the offender is a judge;
2. That he renders judgment in a case submitted to him for decision
3. That the judgment is manifestly unjust;
4. That it is due to his inexcusable negligence or ignorance.
Notaries Public
I. Qualifications (Sec 232 and 234, Revised Administrative Code (RAC))

A. Filipino citizen
B. Over 21 years of age
C. Should not have been convicted of any crime involving moral turpitude
D. Training
1. Those admitted to the practice of law
2. Those who have passed the studies of law in a reputable university
3. A clerk or deputy clerk of court or one who has at some time held the
position of clerk or' deputy clerk of court for a period of not less than
________________________________________________________________
two (2) years
4. Those qualified for the office of Notary Public de officio under Spanish
sovereignty
5. Municipal judges as notaries public de officio in municipalities or
Municipal districts
i. where there are no persons with the necessary qualifications
ii. where there are qualified persons but they refuse
Appointment
• non-lawyers as notaries:
General Rule: SC Circular No. 16 of 1985 directed appointing
judges to refrain and desist from appointing and/or renewing
the appointment of non-lawyers as notaries public because of
the unethical practices of notaries public who are non-lawyers;
Exception: In places where there are no lawyers, or there are not
enough lawyers, the appointment of non-lawyers as notaries
public may be allowed, but a non-lawyer who wishes to be
commissioned as a notary public must apply.
Define the following:
1. Court – A board or other tribunal which decides a litigation or contest.

(Hidalgo vs. Manglapus, 64 O.G. 3189).
2. Judge – A public officer who by virtue of his office, is clothed with judicial
authority. A public officer lawfully appointed to decide litigated questions in
accordance with law. (People vs. Manantan, 5 SCRA 687).
3. De jure judge – one who is exercising the office of judge as a matter of right;
an officer of a court who has been duly and legally elected or appointed.
An officer of the law fully vested with all the powers and functions
conceded under the law to a judge, which relate to the administration of
justice within the jurisdiction over which he presides. (Lino Luna vs.
Rodriguez, 37 Phil. 191).
A judge who is in all respect legally appointed and qualified as such and
whose term of office has not expired. (Tayko vs. Capistrano, 53 Phil. 872).
4. De Facto judge – A judge who in good faith continues to act and is recognized
by common error after the abolition of his court by statute is deemed judge de
facto of the new court which succeeds to the jurisdiction of that presided over
by him. (US. vs. Abalos, 1 Phil. 76).
An officer who is not fully invested with all of the powers and duties
conceded to judges, but is exercising the office of judge under some color of
right. ( Lino Luna vs. Rodriguez, ibid.)
One who exercises the duties of a judicial officer under color of an

________________________________________________________________
appointment or election thereto. (Tayko vs. Capistrano, 53 Phil. 872).
The acts of a de facto judge are just as valid for all purposes as those of a
de jure judge so far as the public or third persons who are interested therein
are concerned. x x x. The decision of a de facto judge cannot be collaterally
attacked. (Nacionalista Party vs. De Vera, 85 Phil. 132).
The decision of a judge is void, if on the day it is promulgated, the
judge ceased to be a judge. (Rodriguez vs. Tesorero de Filipinas, 84 Phil.
368; Ong Sui vs. Paredes, 17 SCRA 661; People vs. Solis, CA-G.R. No.
141117-R, November 20, 1965).
QUESTIONS ON JUDICIAL ETHICS
Q- Are there any distinctions between the court and the judge?
ANS. - Yes. The court is an entity and the person who occupies the position is the judge. A
court may exist without a judge. There may be a judge without a court. (Pamintuan vs.
Llorente, 29 Phil. 346).
Q - What do you understand by the principle that the administration of justice is

a shared responsibility of the judge and the lawyer?
ANS. - It means that it is the duty of both counsel and judge to maintain not to destroy,
the high esteem and regard for courts. Any act on the part of one or the other that
tends to undermine the people's respect for, and confidence in, the
administration of justice is to be avoided. And this, even if both may have to
restrain pride from taking the better part of their system. (Lugue vs. Kayanan, 29
SCRA 173). The relations of judge and lawyer should be founded on mutual
respect and on a deep appreciation by one of the duties of the other. (Romero vs.
Valle, 147 SCRA 197)
Q - Explain the principle that a judge should not only be impartial but must also
appear impartial.
ANS. - The sole purpose of courts of justice is to enforce the laws uniformly and
impartially, without regard to persons or their circumstances or to opinions of
men. A judge should at all times be wholly free, disinterested, impartial and
independent. Elementary due process requires a hearing before an impartial and
disinterested tribunal. A judge has both the duty of rendering a just decision and
the duty of doing it in a manner completely free from suspicion as to its fairness
and as to his integrity. Judges therefore, should not only be impartial but they
should also appear impartial. (Tan, Jr. vs. Gallado, 73 SCRA 315).
Q- Should a judge succumb to pressure from whatever source? Why?
ANS. - No. To do so is equivalent to a case of betrayal of the public trust reposed on a

judge as an arbiter of the law and a revelation of his/her weak moral character. A
________________________________________________________________
judge is expected to be fearless in his/her pursuit to render justice, to be unafraid
to displease any person, interest or power and to be equipped with a moral fiber
strong enough in his/her office. (Ramirez vs. Corpuz-Macandog, 144 SCRA 462).
Q- How do you describe the appearance of a judge in his official and personal
conduct?
ANS. - A judge's official conduct and his behavior in the performance of
judicial duties should be free from the appearance of impropriety and must
be beyond reproach. (Alagas vs. Reyes, 131 SCRA 445; Li vs. Niyares, 65
SCRA 167). Even his personal behavior in his everyday life should be beyond
reproach. He should avoid even the slightest infraction of the law. (Cabrera
vs. Pajares, 142 SCRA 127).
Q- How do you explain the fact that a judge should be like Caesar's wife?
ANS. - A judge should be like Caesar's wife because a judge must not only be pure but
must also appear to be so. Appearance is as important as reality in the perform-
ance of judicial functions. Like Caesar's wife, a judge must not only be pure but
must be beyond suspicion. (Palang vs. Zosa, 58 SCRA 776). A judge has the duty
not only to render a just and impartial decision, but also render it in such a
manner as to be free from any suspicion as to its fairness and impartiality, and
also as to the judge's integrity. (Martinez vs. Gironella, 65 SCRA 245).
Q - Explain the rule that a judge should not seek publicity for personal vainglory.
ANS. - It means that judges should be prohibited from seeking publicity for vanity
or self-glorification. Judges are not actors or actresses or politicians. They are
also prohibited from making public comments on any pending or impending
case. Judges must not be moved by a desire to cater to public opinion to the
detriment of justice. (Go vs. CA, 206 SCRA 165).
Q- Maya judge invite the press during the hearing of a sensational case? Why?
ANS. - No. A judge should not allow unnecessary taking of Pictures of the court
.proceedings. He should not allow the broadcasting of proceedings over the radio
or allow the televising of the proceedings. The reason is that, such fanfare and
publicity detract from the dignity of the court proceedings for the parties
involved tend to become more self-conscious on their appearances rather than
the truth of the facts and substance of the issues. The administration of justice
would then ultimately suffer as the judge might be influenced by the public
clamor engendered by the publicity. Finally, a judge should not seek publicity for
his personal vainglory.
Q- When may a judge intervene during the presentation of evidence?
ANS - A judge may intervene during the presentation of evidence in order to expedite
and prevent unnecessary waste of time. (Domanico vs. CA, 122 SCRA 218). He
________________________________________________________________
may intervene to profound clarificatory questions. (People vs. Muit, 117 SCRA
696). He should, however, limit himself only to clarificatory questions and not to
ask searching questions after the witness had given direct testimony. (Valdez vs.
Aquilizan, 133 SCRA 150). His act should be done sparingly and not throughout
the proceedings. (People vs. Ibanson, 120 SCRA 679).
Q - What constitutes undue interference by the judge in the presentation of

evidence?
ANS. - There is undue interference if the judge will extensively profound questions
to the witnesses which will have the effect of or will tend to build or bolster
the case of one of the parties.
Q - Give the reason behind the rule that a judge should not interfere in the
presentation of evidence.
ANS. - A judge should not only be impartial, but he should appear to be so. If he
profounds questions to help build the case of a party, he would come out biased
against or partial in favor of a party. A judge interference may likewise prevent
the proper presentation of the case, and the ascertainment of the truth in respect
thereto.
Q - An MTC judge was present during the meeting of his relatives before the
DARAB. He even suggested the review of the land reform coverage and
even talked to those who refused to obey the writ of execution issued by the
DARAB. Is the act of the judge proper?
ANS. - No, because as a member of the Bench, he should have realized that his
presence, opinion and participation in any proceeding could slant the
evaluation and resolution of the case in favor of the party he identifies himself
with. A judge need not utter any word for his sheer presence, as a member of
the Judiciary, would be sufficient suggestion of persuasion and influence.
(Garcia, et al. vs. Valdez, A.M. No. MTJ-98-1156, July 13, 1998, 96 SCAD 170).
Q - If a judge renders a judgment on the day after a case is submitted for

decision, is the act proper? Why?
ANS. - Yes, there is nothing anomalous in the act of the judge, as it is even an evidence
of his intention to dispose of cases with dispatch. The immediate resolution of the
decision was no more than his compliance with his duty as a judge to dispose of
the court's business promptly and decide cases within required periods. Instead
of being punished, he should even be commended for his close attention to duty.
(Fule vs. CA, et al., G.R. No. 112212, March 2,1998,92 SCAD 14).
Q - Why should a judge decide a case within the reglementary period provided
for by the Rules?
ANS. - A judge should decide a case within the reglementary period because failure to
do so constitutes gross dereliction of duty. A judge should decide a case
promptly and expeditiously, for it cannot be denied that justice delayed is justice
________________________________________________________________
denied. Delay in the disposition of cases undermines the people's faith and
confidence on the judiciary. Hence, judges are enjoined to decide cases with
dispatch. Their failure to do so constitutes gross inefficiency and warrants the
imposition of administrative sanctions on them. (Fe T. Bernardo vs. Judge Amelia
A Fabros, A.M. No. MTJ-99-1l89, May 12, 1999, citing Sanchez vs. Vestil, AM. No.
MTJ-981419, October 13, 1998, 100 SCAD 147).
Q - A judge admitted that she failed to decide a case within the reglementary
period provided for the by the Rules. Her reason was that there was
oversight on her part. Is the reason proper? Why?
ANS. - No. A judge is expected to keep his own record of cases so that he may act
on them promptly without undue delay. It is incumbent upon him to devise
an efficient recording and filing system in his court so that no disorderliness
can affect the flow of cases and their speedy disposition. x x x Proper and
efficient court management is as much his responsibility. He is the one
directly responsible for the proper discharge of his official functions. (See Fe
T. Bernardo vs. Judge Amelia A Fabros, AM. No. MTJ-99-1l89, 106 SCAD 425,
May 12, 1999).
Q - When may a judge be subjected to disciplinary action for his errors? Explain.
ANS. - For liability to attach for gross negligence of the law, the assailed order, decision
or actuation of a judge must not only be found erroneous but, most importantly,
it must be established that the judge was moved by bad faith, dishonesty, hatred,
or some other like motive. (Dela Cruz vs. Concepcion, 54 SCAD 640, '235 SCRA
597).
Q - When is a judge liable for rendering an unjust judgment? Explain.
ANS. - A judge may be held liable for rendering an unjust judgment when he acts in bad
faith, malice, revenge, or some other motive. (Heirs of the late Nasser Yasin vs.
Felix, 66 SCAD 157, 250 SCRA 545).
Q- Discuss the import of the rule on voluntary inhibition of judges.
ANS. - The import of the rule on voluntary inhibition of judges is that the decision on
whether or not to inhibit is left to the sound discretion and conscience of the trial
judge based on his rational and logical assessment of the circumstances
prevailing in the case brought before him. It makes clear to the occupants of the
Bench that outside of pecuniary interest, relationship or previous participation in
the matter that calls for adjudication, there might be other causes that could
conceivably erode the trait of objectivity, thus calling for inhibition. This is to
betray a sense of realism, for the factors that lead to preference or predelictions
are many and varied.
In the final reckoning, there is really no hard and fast rule when it comes
to the inhibition of judges. Each case should be treated differently and decided
based on its peculiar circumstances. The issue of voluntary inhibition is primarily
________________________________________________________________
a matter of conscience and sound discretion on the part of the judge. It is a
subjective test the result of which the reviewing tribunal will not disturb in the
absence of any manifest finding of arbitrariness and whimsicality. The discretion
given to trial judges is an acknowledgment of the fact that these judges are in a
better position to determine the issue of inhibition as they are the ones who
directly deal with parties-litigants in their courtrooms. (People vs. Gallermo, G.R.
No. 123546, July 7, 1998, 95 SCAD 579).
Q - A complaint was filed against a judge for reprehensible conduct in

engaging in the, ,publication of a gossip tabloid, The Mirror, as editor and
legal adviser and as a gossip-mongering columnist of a local newspaper,
Sun Star Clark. Complainant alleged that respondent used his newspaper
column to ventilate his biases or personal anger at people or institutions.
For instance, when respondent failed to receive payment from the Office of
the Governor for advertisement in exchange for a congratulatory messages
in the maiden issue of The Mirror, respondent placed a blank space
purportedly for the governor's message, and expressed contempt with a few
lines underneath a picture of the governor. Complainant believes that
respondent judge should not engage in active, sensational, and free-for-all
journalistic writing because such act degrades the judicial system and com-
promises his impartiality as an administrator of justice. He likewise
persistently attacked the governor for his movie-making activities.
Can the judge be dismissed for his acts? Why?
ANS. - Yes. The Code of Judicial Conduct mandates that a judge should avoid
impropriety and the appearance of impropriety in all activities. The personal
behavior of a judge not only upon the Bench but also in his everyday life
should be above reproach and free from the appearance of impropriety.
There is a difference between freedom of expression and compromising
the dignity of the Court through publications of emotional outburst and de-
structive criticisms. Respondent's writing of active and vicious editorials
compromises his duties as judge in the impartial administration of justice, for
his views printed on newspapers reflect on his office as well as on the public
officers that he challenges. From the standpoint of conduct and demeanor
expected of a judge, resort to intemperate language only detracts from the
respect due a member of the judiciary and becomes self-destructive.
Moreover, in persistently attacking the moviemaking activities of the
provincial governor and repeatedly threatening to file an action against a public
officer, respondent encourages litigation and causes dissension against the public
officer concerned. As a judge, respondent's role is to maintain equanimity and
not instigate litigation. This is not to say that one cannot question the improper
activities of government officials if there are any. However, it is not proper for a
judge to write publications of carelessly-worded editorials in local newspapers.
(Benalfre J. Galang vs. Judge Abelardo H. Santos, A.M. No. MTJ-99-1197, May 26,
1999).
Q - After the hearing of the petition for bail, the court issued an order denying
________________________________________________________________
the same on the ground that the evidence of guilt is strong. The petitioner
filed a motion for reconsideration, but was denied, the court ruling that it
has already clearly spelled out the grounds relied upon in the denial of the
motion. The accused asked for the inhibition of the judge contending that
because of the actuations of the judge, he has already become biased,
hence, he stands no chance at all in court presided by the judge. Is the
motion proper? Why?
ANS. - No. The orders denying the petition for bail and the motion for
reconsideration do not sufficiently prove bias and prejudice to disqualify the
judge under Sec. 1, Rule 37 of the Rules of Court. For such bias and prejudice,
to be a ground for disqualification, must be shown to have stemmed from an
extrajudicial source, and result in an opinion on the merits on some basis
other than what the judge learned from his participation in the case. Opinions
formed in the course of judicial proceedings, as long as they are based on the
evidence presented and conduct observed by the judge, even if found later on
as erroneous, do not prove personal bias or prejudice on the part of the judge.
Extrinsic evidence is required to establish bias, bad faith, malice or corrupt
purpose, in addition to palpable error which may be inferred from the deci-
sion or order itself. (Victorio Aleria, Jr. vs. Hon. Alejandro Velez, Jr., G.R. No.
127400, November 16, 1998, 100 SCAD 720, citing Webb vs. People, 85 SCAD
66, 276 SCRA 243).
Q - A judge ordered the release of the accused knowing that the cash deposit for
his bail was not yet sufficient. Is he liable for his act? Why?
ANS. - Yes, because the error was gross and patent violation of law and the rules on
bail. While it is true that a judge may not be held administratively accountable
for every erroneous order or decision (Guillermo vs. Reyes, 58 SCAD 130, 240
SCRA 154), yet if the error is gross or patent, malicious, deliberate or in evident
bad faith, he may still be liable. The reason for this is that he is expected to have a
more than cursory acquaintance with the rules on bail. Failure to follow basic
legal commands embodied in the law and the rules constitutes gross ignorance of
the law (Del Rosario, Jr. vs. Bartolome, 81 SCAD 281, 270 SCRA 645; Aurillo vs.
Francisco, 54 SCAD 352, 235 SCRA 283) from which no one may be excused, not
even a judge. (Evelyn De Austria vs. Judge Orlando D. Beltran, A.M. No. RTJ-98-
1406, September 1, 1999).
Q - Maya judge be held administratively accountable for every erroneous order

or decision he rendered? Why?
ANS. - No. As a rule, a judge may not be held administratively accountable for every
erroneous order or decision he renders. To unjustifiably hold otherwise, as-
suming that he has erred, would be short of harassment and would make his
position doubly unbearable, for no one called upon to try the facts or interpret
the law in the process of administering justice can be infallible in his judgment.
The error must be gross or patent, malicious, deliberate or in evident bad faith. It
is only in this latter instance when the judge acts fraudulently or with gross
________________________________________________________________
ignorance, that administrative sanctions are called for as an imperative duty of
this Court. (Evelyn de Austria vs. Judge Orlando D. Beltran, A.M. No. RTJ-98-
1406, September 1, 1999; Panganiban vs. Judge Pablo B. Francisco, et al., A.M. No.
RTJ-98-1425, November 16, 1999).
Q - Give examples of defenses of a judge charged with ignorance of the law.
ANS. - Good faith and absence of malice, corrupt motives or improper considerations
are sufficient defenses in which a judge charged with ignorance of the law can
find refuge. (Evelyn de Austria vS. Judge Orlando D. Beltran, A.M. No. RTJ-98-
1406, September 1, 1999, citing Guillermo vs. Reyes, 58 SCAD 130, 240 SCRA
154).
Q - Are the acts of a judge in his judicial capacity subject of disciplinary action?
Is the rule absolute? Explain.
ANS. -No. As a matter of public policy, in the absence of fraud, dishonesty or

corruption, the acts of a judge in his judicial capacity are generally not subject to
disciplinary action, even though such acts are erroneous. (Morada vs. Judge
Tayao, 48 SCAD 131, 229 SCRA 723, citing Louis Vuitton S.A. vs. Judge
Villanueva, 216 SCRA 121; Mendoza vS. Villaluz, 106 SCRA 664). As has been
stated in the recent case of Santos vs. Judge Jose Orlino, A.M. No. RTJ-98-1418,
September 25, 1998, 98 SCAD 752:
"The fundamental propositions governing responsibility for judicial error were more recently
summarized in 'In Re: Joaquin T. Borromeo,' 59 SCAD 1 [1995J, 241 SCRA (1995).
There the Court stressed inter alia that given the nature of the judicial function and the
power vested in the SC and the lower courts established by law, administrative or
criminal complaints are neither alternative nor cumulative to judicial remedies where
such are available, and must wait on the result thereof Existing doctrine is that judges are
not liable for what they do in the exercise of their judicial functions when acting within
their legal powers and jurisdiction. (Alzua, et al. vs. Johnson, 21 Phil. 308, 326; Sec. 9,
Act No. 190). Certain it is that a judge may not be held administratively accountable for
every erroneous order or decision he renders. (Rodrigo
vs. Quijano, 79 SCRA 10). To hold, otherwise, would be to render judicial office
untenable, for no one called upon to try the facts or interpret the law in the process of
administering justice can be infallible in his judgment. (See Lopez vs. Corpuz, 78 SCRA
374; Pilipinas Bank vs. Tirona-Liwag, 190 SCRA 834). The error must be gross or pat-
ent, deliberate and malicious or incurred with evident bad faith. (Quizon vs. Baltazar, Jr.,
65 SCRA 293)."
If an alleged error of a judge cannot amount to gross misconduct and

bereft of any persuasive showing of deliberate or malicious intent to cause preju-
dice to any party, the administrative complaint against him insofar as the charge
for gross misconduct is concerned, must be dismissed for want of factual basis.
(Jewel F. Canson vs. Hon. Francis F. Garchitorena, et al., SB-99-9-J, July 28, 1999).
________________________________________________________________
Q - An applicant for a position was told by the judge that in exchange for his
signature on her employment, she would become his girlfriend. Thereafter, he
went on to kiss her against her will. After learning that her application had
been approved, he called her to his chamber and said that she was already his
girlfriend. He went on to embrace her, kiss her, and touch her right breast. Can
the judge be punished? Why?
ANS. - Yes, because not only did he fail to live up to high moral standards of the
judiciary, he even transgressed to ordinary norms of decency expected of
every person. The conduct of a judge, whether official or private, must be
beyond reproach and above suspicion. A member of the Bench must not
only be a good judge; he or she must also be a good person. (Dawa vs. De
Asa, 96 SCAD 373, 292 SCRA 703). This is necessary so as not to erode the
faith and confidence of the public in the judiciary. (Naval vs. Panday, 84
SCAD 691, 275 SCRA 654). In the final analysis, such faith and confidence
is anchored on the highest standard of integrity and moral uprightness
that judges are expected to possess. As ruled in Junio vs. Rivera, Jr., 44
SCAD 308, 225 SCRA 688:
"All judges on all levels of the judicial hierarchy, from this Court down to the
Municipal or Metropolitan Trial Courts, are bound to observe the above exacting
standards. There is however, a special reason for requiring compliance with those
standards from those who are front liners of the judicial department. As such, a judge
is the most visible living representation of the country's legal and judicial system. He
is the judicial officer who on a day-to-day basis deals with the disputes arising among
simple, rural people who comprise the great bulk of our population. He is the judicial
officer who comes into closest and most frequent contact with our people. The judiciary
as a whole and its ability to dispense justice are inevitably measured in terms of the
public and private acts of judges in the grass roots level. It is essential, therefore, if the
judiciary is to engage and retain the respect and confidence of our nation, that this
Court insist that municipal judges and all other judges live up to the high standards
demanded by our case law and the Code of Judicial Conduct, and by our policy."
The judge's lustful conduct was aggravated by the fact that he was the
superior of the complainant. Instead of acting in loco parentis toward his
subordinate employee, he took advantage of his position and preyed on her.
(Ana May M. Simbajon vs. Judge Rogelio M. Esteban, A.M. No. MTJ-98-1162,
August 11,1999, citing Talens-Dabon vs. Arceo, 72 SCAD 527, 259 SCRA 354).
Q - Will the retirement of a judge preclude the finding of any

administrative liability on his part? Why?
ANS. - No. The retirement of a judge or any judicial officer from the service does not
preclude the finding of any administrative liability to which he shall still be
answerable. In Gallo vs. Cordero, 61 SCAD 956, 245 SCRA 219, it was said
that since the court had this jurisdiction at the time of the filing of the
administrative complaint it was not lost by the mere fact that the respondent
public official had ceased in office during the pendency of his case. The Court
retains its jurisdiction either to pronounce the respondent official innocent of
the charges or declare him guilty thereof. A contrary rule would be fraught
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with injustice and pregnant with dreadful and dangerous implications. If
innocent, respondent official merits vindication of his name and integrity as
he leaves the government which he has served well and faithfully; if guilty,
he deserves to receive the corresponding censure and a penalty proper and
imposable under the situation. (Villa Macasasa, et at. vs. Judge Fausto H.
Imbing, A.M. No. RTJ-99-1470, August 16, 1999).
Q - A judge should act beyond reproach and suspicion. Does this mandate
include his personal behavior? Why?
ANS. - Yes. A judge should conduct himself beyond suspicion and reproach, and
be free from appearance of impropriety in his personal behavior, not only
in his official duties, but also in his everyday life. No position demands
greater moral righteousness and uprightness than a seat in the judiciary. A
judge must be the epitome of integrity and justice. (Assn. of Court Em-
ployee vs. Tupas, July 12, 1989).
Q - State how a judge should conduct himself in the performance of his duties
and in his dealings with others.
ANS. -The court exists to promote justice (Canon 2, Canons of Judicial Ethics);
accordingly, the judge's official conduct should be free from appearance of
impropriety, and his personal behavior, not only upon the bench and in the
performance of official duties, but also in his everyday life, should be beyond
reproach. (Canon 3, id.). He is the visible representation of the law and, more
importantly, of justice. (Office of the Court Administrator vs. Gines, 43 SCAD
76, 224 SCRA 262 [1993]; Inciong vs. De Guia, 154 SCRA 93 [1987]; Dela Paz
vs. Inutan, 64 SCRA 540 [1975]). He should administer his office with a due
regard to the integrity of the system of the law itself, remembering that he is
not a depositary power, but a judge under the sanction of law. (Canon 18;
Guillen, et al. vs. Judge Nicolas, A.M. MTJ-98-1166, 101 SCAD 397, December
4, 1998, citing Caamic vs. Galapon, 56 SCAD 14, 237 SCRA 390).
Q -Describe the duty of a judge whenever an accused pleads guilty to a capital

offense.
ANS. -Trial courts must exercise meticulous care in accepting a plea of guilty in a
capital offense. Judges are duty-bound to be extra solicitous in seeing to it that
when an accused pleads guilty, he understands fully the meaning of his plea and
the import of his inevitable conviction. (People vs. Gonzaga, 127 SCRA 158).
Courts must proceed with more care where the possible punishment is in its
severest form, like death, for the reason that the execution of such a sentence is
irrevocable. Experience has shown that innocent persons have at times pleaded
guilty. (People vs. Albert, 66 SCAD 456, 251 SCRA 136). Only a clear, definite and
unconditional plea of guilty by the accused must be accepted by trial courts.
(ibid.). There is no such rule which provides that simply because the accused
pleaded guilty to the charge that his conviction should automatically follow.
(People vs. Mendoza, 42 SCAD 118,231 SCRA 264). A judge should always be an
embodiment of competence. (Rule 1.01, Canon1, Code of Judicial Conduct). As an
________________________________________________________________
administrator of justice, it is imperative that the trial judge carry out his duties
ably and competently so as not to erode public confidence in the judiciary.
(People vs. Sevillano, et al., G.R. No. 129058, 105 SCAD 296, March 29, 1999).
Q - In a criminal case for falsification and use of falsified document, the judge
was charged with impartiality for having failed to inhibit himself despite the
fact that he was related to the accused within the fourth degree of affinity,
thewife of the accused being the first cousin of the judge. Was the act of the
judge proper? Explain.
ANS.-No. Under Rule 137, Sec. 1 of the Rules of Court, ajudge who is related within the
sixth degree of consanguinity or affinity to a party in a case is disqualified from
sitting in the case without the consent of all parties, expressed in writing, signed
by them, and entered upon the record. This prohibition is not limited to cases in
which he acts by resolving motions and issuing orders as respondent judge has
done in the subject criminal case. The purpose of the prohibition is to prevent not
only a conflict of interest but also the appearance of impropriety on the part of
the judge. A judge should take no part in a proceeding where his impartiality
might reasonably be questioned (Canon 3, Rule 3.12) and he should administer
justice impartially and without delay. (Canon 1, Rule 1.02; Lazo vs. Judge
Antonio Tiong, A.M. No. MTJ-98-1173, December 15, 1998, 101 SCAD 692).
Q - A judge was caught in the act of demanding and receiving money from a
party-litigant. Is the act sufficient to remove him? Why?
ANS. -Yes. A judge should always be a symbol of rectitude and propriety, comporting
himself in a manner that will raise no doubt whatsoever about his honesty.
(Yuson vs. Noel, 45 SCAD 116,227 SCRA 1). The conduct of respondent judge
shows that he can be influenced by monetary considerations. His act of demand-
ing and receiving money from a party-litigant constitutes serious misconduct in
office. It is this kind of gross and flaunting misconduct, no matter how nominal
the amount involved on the part of those who are charged with the responsibility
of administering the law and rendering justice quickly, which erodes the respect
for law and the court. (Office of the Court Administrator vs. Gaticales, 208 SCRA
508).
The respondent judge tainted the image of the Judiciary to which he owes
fealty and the obligation to keep it at all times unsullied and worthy of the peo-
ple's trust. (Garcia vs. Dela Penia, 48 SCAD 171, 229 conduct. He violated the
established norms of judicial behavior and the best interest of the judiciary de-
mands that he be dismissed from service.
Q - What are some of the grounds for the dismissal of a judge? State the reasons.
ANS. - Some acts that may warrant dismissal of a judge:
(a) acceptance of bribe;
(b) holding office and conducting hearings at his residence;

________________________________________________________________
(c) use of physical violence against the personnel of his court who failed to
deliver the entire volume of nipa ordered by him for the roof of his house;
(lmpao vs. Makilala, A.M. No. MTJ-88-184, October 13, 1989, 178 SCRA
541).
(d) receiving money from litigants and borrowing from them without paying
back;
(e) ordering a litigant to install an air-conditioning unit for the car of his wife.
(Ompoc vs. Torres, Sept. 17, 1989).
Reasons:
Members of the judiciary should display not only the highest integrity but
at all times conduct themselves in such a manner as to be beyond reproach and
suspicion. The respect and confidence of the public may justifiably be eroded if
the conduct of an erring judge is condemned. (Paredes vs. Buduha, Dec. 7, 1989).
Q - An RTC judge was fined and required to pay an amount equivalent to

three (3) months salary. He dismissed six informations for violation ofBP
BIg. 22 because the checks were undated,hence, were mere promissory
notes; the issuance did not constitute criminal acts; that their collection can
be properly made in a civil case. Was the act of the judge proper? Why?
ANS. -No, in fact, the judge was fined for ignorance of the law. His opinion that the
checks were invalid because they were not dated also revealed his unfamiliarity
with Sec. 6 of the Negotiable Instrument Law. (Torres vs. Pedrosa, Aug. 22, 1989).
It is the duty of a judge to keep abreast with the law and jurisprudence.
Q -Maya judge be subjected to disciplinary action in case of mis appreciation of

evidence? Is the rule absolute? Explain.
ANS. -No. In Miranda vs. Manalastas, Dec. 21, 1989, the Supreme Court said that mere
error in the appreciation of evidence, unless so gross and patent as to produce an
inference of ignorance or bad faith or that the judge unknowingly rendered an
unjust judgment, are irrelevant in administrative proceedings against the judge.
A judge is not infallible in his judgment. All that is expected of him is that he
follows the rules prescribed to ensure fair and impartial hearing.
A judge may not be administratively liable for erroneous ruling.
Q - If a party filed an administrative case against a judge, will this incident

constitute a ground to disqualify the judge from trying the case? Why?
ANS. - No. In Aparicio vs. Andal, July 25, 1989, the Supreme Court said that the mere
filing of an administrative case does not constitute a ground to disqualify a
judge from hearing the case, otherwise, many cases would have to be kept
pending or there might not be enough judges to handle all the cases pending
in all courts. There must first be a showing of arbitrariness or prejudice before
the judge can be considered partial or bias.
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Hence, if a judge denies the motion to inhibit him, his continued cognizance
of the case pending before him is proper, if no TRO or injunction is issued against
him.
Q- State the effect if a judge shows signs of partiality and pre-judgment in a case.
Why?
ANS. - The judge can be inhibited from further trying the case.
Partiality and pre-judgment can be just and valid reasons for the judge to
voluntarily inhibit himself. But mere suspicion that he is partial is not enough.
There must be evidence to prove the charge. (Fecundo vs. Benjamin, Dec. 18,
1989). A litigant is entitled to the fairness and cold neutrality of an impartial
judge.
Q - Madam C sought the assistance of a judge in expediting the

intestate estate proceedings of her deceased common-law husband. He,
however, took advantage of her helplessness and state of material
depredation and took her as his mistress. Was the act of the judge proper?
Why?
ANS. -No, because a judge should personify judicial integrity and exemplify
honesty in public service. The personal behavior of a judge, both in the
performance of official duties and in private life should be above suspicion.
The exploitation of women becomes reprehensible when the offender commits
injustice by the brute force of his position of power and authority. (Calanog
case).
Q - Maya judge be held to answer for an erroneous decision which he rendered?

Why?
ANS. -A judge cannot be held to account or answer, criminally, civilly, or

administratively for an erroneous decision rendered by him in good faith. While
the Supreme Court does not require perfection and infallibility, it reasonably
expects a faithful and intelligent discharge of duty by those who are selected to
fill the positions of administrators of justice.
Q - A judge has already retired when an administrative case was filed against
him. Is he still within the court's jurisdiction? Why?
ANS. - Yes. Even if a judge has already retired before the administrative case was filed
against him, the Supre me Court held that the court has not lost its jurisdiction
over him even if his retirement has been approved, for his retirement benefits
have not yet been paid. The reason for this is that the people would have no
remedy left anymore. By reason of public policy, the Court must assert and
maintain jurisdiction for acts performed in office which are inimical to the service
and prejudicial to the interest of the litigants and the general public.
________________________________________________________________
Q -Maya judge who exercises his judicial function be made liable for damages?
Why?
ANS. -A judge who exercises his judicial functions cannot be liable for damages. The
test of liability is not jurisdiction, but the nature of the question which is being
determined when the error complained of is committed by the court. (Aparicio
vs. Andal, G.R. No. 8658793, July 25, 1989). He is not liable even though there is
in reality absolute failure of jurisdiction over the subject matter. For, judges are
excluded from liability under Art. 32, New Civil Code, provided, their acts do not
constitute a violation of the Revised Penal Code.
Q - An RTC Judge was removed on charges of immorality and conduct
unbecoming of a public official. It was alleged that he maintained a mistress,
having been the father of two children with her, inspite his being a married
man. Is the act of the judge proper? Why?
ANS. -No, because the judge has behaved in a manner not becoming of his robes and as
a model of rectitude, betrayed the people's high expectations, and diminished the
esteem in which they hold the judiciary in general.
The circumstances show a lack of circumspection and delicadeza on the part

of the respondent judge by failing to avoid situations that make him suspect to
committing immorality and worse, having that suspicion confirmed especially so
that under Canon 1, Rule 1.01, a judge should be the embodiment of competence,
integrity, probity and independence.
The Code of Judicial Ethics mandates that the conduct of a judge must be
free from impropriety not only with respect to the performance of his judicial
duties, but also to his behavior outside his sala and as a private individual. There is
no dichotomy of morality: a public official is also judged by his private morals. The
Code dictates that a judge, in order to promote public confidence in the integrity
and impartiality of the judiciary, must behave with propriety at all times. A judge's
official life can not simply be detached or separated from his personal existence.
Thus:
"Being the subject of constant public scrutiny, a judge should freely and willingly
accept restrictions on conduct that might be viewed as burdensome by the ordinary citizen."
Q - Explain the res ipsa loquitor doctrine in the investigation of errant judges.
ANS. -In these res ipsa loquitur resolutions, there was on the face of the assailed
decisions an inexplicable grave error bereft of any redeeming feature, a patent
railroading of a case to bring about an unjust decision, or a manifestly deliberate
intent to wreak an injustice against a hapless party.
The res ipsa loquitur doctrine does not accept or dispense with the necessity
of proving the facts on which the inference or evil intent is had. It merely ex-
presses the clearly sound and reasonable conclusion that when such facts are
admitted or are already shown by the record, and no credible explanation that
would negative the strong inference of evil intent is forthcoming, no further
hearing to establish them to support a judgment as to the culpability of a
respondent is necessary. (In re: Judge Baltazar Dizon, Adm. Case No. 3086, May
________________________________________________________________
31, 1989).
Q - In Clemencio Sabitsana, Jr. vs. Judge Adriano Villamore, RTJ No. 90-474,
Oct. 4, 1991, a complaint was filed alleging that in his monthly certificates
of service, he made it appear that he had resolved all cases submitted for
decision within the 90-day period when in truth, he had 15 cases undecided
from 5 years back or from March 1985. Was the act of the judge proper?
Why?
ANS. -No. A member of the Bench cannot pay mere lip service to the 90-day
requirement, but should, in fact, persevere in its implementation. The Certificate
of Service is not merely a means to one's paycheck, but an instrument by which
the Courts can fulfill the constitutional mandate of the people's right to a speedy
disposition of cases. Thus, it has been ruled:
"The people's faith in the administration of justice, especially those who belong to the low
income group, would be greatly impaired if decisions are long in coming, more so from trial
courts which unlike collegiate tribunals where there is a need for extended deliberation,
could be expected to act with dispatch." (Magdamo vs. Pahimulin, Adm. Matter No. 662-
MJ, 30 September 1976, 73 SCRA 110).
Q - Should a judge show undue interest in a pending case before another court?
Why?
ANS. -No. Cardinal is the rule that a judge should avoid impropriety in all activities.
The Canons mince no words in mandating that a judge shall refrain from
influencing in any manner the outcome of litigation or dispute pending before
another Court. (Canon 2, Rule 2.04). Interference by members of the Bench in
pending suits with the end in view of influencing the course or the result of
litigation does not only subvert the independence of the judiciary but also
undermines the people's faith in its integrity and impartiality. (Commentaries on
the Code of Judicial Conduct). On this point, Impao vs. Makilala (A.M. No. MTJ-
88-184, October 13, 1989, 178 SCRA 541) expounds:
"It is an important judicial norm that a judge's private as well as official conduct
must at all times be free from the appearance of impropriety." (Lugue vs. Kayanan, G.R.
No. L
26828, August 29, 1969,29 SCRA 165; x x x). As held by this Court in the case of Dela
Paz vs. Inutan, Adm. Matter No. 201 MJ, June 30, 1975, 64 SCRA 540:
"The judge is the visible representation of the law and, more importantly, of justice.
From him, the people draw their will and awareness to obey the law. They see in him an
intermediary of justice between two conflicting interests, especially in the station of
municipal judges, like respondent Judge, who have that close and direct contact with the
people before anybody else in the judiciary. Thus, for the judge to return that regard, he
must be the first to abide by the law and weave an example for the others to follow."
Q - If a judge reconsiders his decision/order, can he be charged administratively?

Why?
________________________________________________________________
ANS. -No. It is the prerogative of a judge to correct his own decision before it becomes
final and executory, so as to make it conform to the evidence presented and the
applicable laws. (Baguyo vs. Leviste, 107 SCRA 35). The rule is true for as long as
the judge is in good faith which is always possessed.
A judge is not administratively accountable for every erroneous ruling or
decision rendered, provided, he acts in good faith and without malice. (Mendoza
vs. Villaluz, 106 SCRA 664). The proper remedy of the aggrieved party is not an
administrative charge against the judge but an appeal or petition for review of
his decision. (Martin vs. Judge Placido Vallarta, A.M. No. MTJ-90-495, Aug. 12,
1991).
Q - What is the effect if a judge allows the release of an accused who was
convicted of a non-bailable offense? Why?
ANS. - The judge is guilty of gross misconduct when he allowed accused
individuals duly convicted of non-bailable offenses and drug pushers at that -
to enjoy provisional liberty by way of bail. Under the facts obtaining in these
cases, good faith cannot be presumed on the part of the respondent judge. The
suspicious circumstances attending the cases in point are far too glaring to
ignore. (Villa vs. Amonoy, A.C. RTJ-89-395, Feb. 13, 1991).
Q - How do you describe the office of a judge? Explain.
ANS. -The office of a judge exists for one solemn end – to promote justice by
administering it fairly and impartially. (Gonzales vs. Austria M. Abaya, 176
SCRA 634). The judge is the visible representation of the law and of justice. From
him, the people draw their will and awareness to obey the law. As such, he
should avoid even the slightest infraction of the law. (Inciong vs. De Guia, 154
SCRA 93; Dela Paz vs. Inutan, 64 SCRA 56, 177 SCRA 435). In Santos vs. Lumang,
it was said that a judge who, through gross ignorance of the laws or serious
misconduct, frustrates the people's search for justice, commits a rank disservice
to the cause of justice which calls for rectification and the imposition of
appropriate disciplinary measures. In Summers vs. Ozaeta, 81 Phil. 754, it has
been said that a judge's position demands equanimity, prudence, fortitude and
courage.
Q - For failure to pay a just debt, a judge was finedP20,OOO.OO. Was the
penalty proper? Why?
ANS. -Yes. Willful failure to pay a just debt is a serious offense under Rule 140 of the
Rules of Court, as amended by the resolution of the Supreme Court, dated July
25, 1974. The amount involved (P4,500.00) is not big. He could easily have paid it,
but it appears that he was bent on frustrating the complainant's best efforts to
obtain satisfaction of her lawful claim, apparently for no other intention than to
annoy and oppress her for having haled him and his wife into court. While an
ejectment case is supposed to be summary in nature, respondent judge, through
dilatory tactics, stretched the trial over a period of ten (10) years, and dragged the
case all the way from the municipal court to the Court of Appeals. After the
________________________________________________________________
decision had become final, he delayed payment for two more years. He came
across only after the complainant in exasperation had filed this administrative
charge against him.
Respondent judge's conduct toward the complainant was oppressive and

unbecoming a member of the judiciary. He used his position and his legal knowl-
edge to welsh on a just debt and to harass his creditor. His example erodes public
faith in the capacity of courts to administer justice. He violated Rule 2.0l. Canon 2
of the Code of Judicial conduct which requires that "a judge should so behave at
all times as to promote public confidence in the integrity and impartiality of the
judiciary. (De Julio vs. Judge Benjamin Vega, A.M. No. RTJ-89-406, July 18, 1991).
Q - What should the Office of the Ombudsman do if a criminal complaint against

judge is filed with that office? Why?
ANS. -Where a criminal complaint against a judge or other court employees arises from
their administrative duties, the Ombudsman must defer action on said complaint
and refer the same to the Supreme Court for determination whether said judge or
court employee had acted within the scope of their administrative duties. This is
so because Article VIII, Section 6 of the 1987 Constitution exclusively vests in the
Supreme Court administrative supervision over all courts and court personnel,
from the Presiding Justice of the Court of Appeals down to the lowest municipal
trial court clerk. By virtue of this power, it is only the Supreme Court that can
oversee the judges and court personnel's compliance with all laws, and take the
proper administrative action against them if they commit any violation thereof.
No other branch of government may intrude into this power, without running
afoul of the doctrine of separation of powers. (Maceda vs. Vasquez, 221 SCRA
464, April 22, 1993).
Q - Mayan action of a judge in the exercise of his judicial function be the subject
of a disciplinary action? Is the rule absolute?
ANS. -No. As a general rule, the acts done by a judge in his judicial capacity are not
subject to disciplinary action, even though erroneous. These acts become subject
to disciplinary power only when they are attended by fraud, dishonesty,
corruption or bad faith. (Abiera vs. Maceda, 52 SCAD 581, 233 SCRA 520, June
30, 1994).
decision rendered, provided, he acts in good faith and without malice. (Martin
vs. Vallarta, 200 SCRA 469, Aug. 12, 1991).
Good faith and absence of malice, corrupt motives and improper

consideration are sufficient defenses that may be availed of by a judicial officer
charged with ignorance of the law and promulgation of an unjust decision from
being held accountable for errors of judgment, on the premise that no one called
upon to try the fact or interpret the law in the administration of justice can be
infallible. (Pilipinas Bank vs. Tirona-Liwag, 190 SCRA 834, Oct. 18, 1990).
________________________________________________________________
Q - State the concept and elements of knowingly rendering unjust judgment.
ANS. - Knowingly rendering an unjust judgment is both a criminal and an
administrative charge. As a crime, it is punished under Art. 204 of the RPC,
the elements of which are: (a) the offender is a judge; (b) he renders a
judgment in a case submitted to him for decision; (c) the judgment is unjust;
and (d) the judge knows that his judgment is unjust. The gist of the offense
therefore is that an unjust judgment be rendered maliciously or in bad faith,
that is, knowing it to be unjust.
An unjust judgment is one which is contrary to law or is not supported by

the evidence, or both. The source of an unjust judgment may be error or ill-will.
There is no liability at all when required to exercise his judgment or discretion. A
judge is not liable criminally for any error which he commits, provided he acts in
good faith. Bad faith is therefore the ground of liability. If in rendering judgment
the judge fully knew that the same was unjust in the sense aforesaid, then he
acted maliciously and must have been actuated and prevailed upon by hatred,
envy, revenge, greed, or some other similar motive. Mere error therefore in the
interpretation or application of the law does not constitute the crime.
The nature of the administrative charge of knowingly rendering an unjust
judgment is the same as the criminal charge. Thus, it must be established that the
judge rendered a judgment or decision not supported by law and/or evidence
and that he must be actuated by hatred, envy, revenge, greed, or some other simi-
lar motive.
If for every error of a judge he should be punished, then perhaps no judge,

however good, competent and dedicated he may be, can ever hope to retire from
the judicial service without a tarnished image. Somehow along the way he may
commit mistakes, however, honest. This does not exclude members of appellate
courts who are not always in agreement in their views. Anyone belonging to the
minority opinion may generally be considered in error, and yet, he is not
punished because each one is entitled to express himself. This privilege should
extend to trial judges so long as the error is not motivated by fraud, dishonesty,
corruption, or any other evil motive. (Dela Cruz vs. Concepcion, 54 SCAD 640,
235 SCRA 597, Aug. 25, 1994).
Q -If a judge is charged and the complainant has lost interest in prosecuting the
case, will the case be dismissed? Why?
ANS. -No. The fact the complainant has lost interest in prosecuting the
administrative case against a judge will not necessarily warrant a dismissal
thereof. Once charges have been filed, the Supreme Court may not be
divested of its jurisdiction to investigate and ascertain the truth of the matter
alleged in the complaint. The Supreme Court has an interest in the conduct of
members of the Judiciary and in improving the delivery of justice to the
people, and its efforts in that direction may not be derailed by the
complainant's desistance from further prosecuting the case he or she initiated.
To condition administrative actions upon the will of every
________________________________________________________________
complainant, who may, for one reason or another, condone a detestable act, is
to strip the Court of its supervisory power to discipline erring members of the
Judiciary. Definitely, personal interests are not
material or controlling. What is involved here is a matter of public interest
considering that a judge is no ordinary citizen but an officer of the court whose
personal behavior not only upon the bench and in the performance of judicial
duties, but also in his everyday life, should be beyond reproach. (Imbing vs.
Tiongson, 48 SCAD 101,229 SCRA 690, Feb. 7, 1994).
Q -. X applied for the position of an RTC judge without revealing that he has two
pending cases. Is the act of X proper? Why?
ANS. -No. A judge is held guilty of gross misrepresentation when he failed to disclose
that he was facing two serious criminal charges when he accepted appointment
and subsequently qualified as RTC judge. The argument that he had not yet been
convicted and should be presumed innocent is beside the point, and so is the
contention that the crimes of homicide and attempted homicide do not involve
moral turpitude. The important consideration is that he had a duty to inform the
appointing authority and the SC to determine on the basis of his record his
eligibility for the position he was seeking. (Office of the Court Administrator vs.
Estacion, Jr., 181 SCRA 33, Jan. 11, 1990).
Q - Why should a judge regulate his extrajudicialactivities?
ANS. -Judges are enjoined not only to regulate their extrajudicial activities in order to
minimize the risk of conflict with their judicial duties but also prohibited from
engaging in the private practice of law. (Balayan vs. Ocampo, 218 SCRA 13, Jan.
29, 1993).
Q - May a judge issue a subpoena to a person whohas no case in his sala? Why?
ANS. -No. In the absence of a case in his sala in connection with which a party could be
subpoenaed, a judge has absolutely no power or authority to issue a subpoena to
such party.
The judge, in using a subpoena form for criminal cases to summon a
party upon the request of another who had no case before his court, invited
legitimate criticism against his office as an instrument of oppression. His act
constitutes ignorance of the law and oppression which should warrant
disciplinary sanction. (Caamic vs. Galapon, Jr., 56 SCAD 14, 237 SCRA 390,
October 7, 1994).
Q - May a judge meet one of the parties i;n a case inside his chambers without
the other party and meddle with the issues confronting the parties on the
pretext of settling it? Why?
ANS. -No. In the absence of their lawyers, a judge ought not to meddle in
issues confronting the parties even on the pretext of settling their cases as such
act would compromise the integrity of his office. Judges are cautioned to
avoid in-chamber sessions without the other party and his counsel present,
________________________________________________________________
and to observe prudence at all times in their conduct to the end that they not
only act impartially and with propriety but are also perceived to be impartial
and proper.
The act of a judge in meeting with complainants without the presence of

counsel and warning them not to tell anyone, and demanding money under the
guise of forging peace between the parties constitutes grave misconduct.
(Capuno vs. Jaramillo, Jr., 53 SCAD 329, 234 SCRA 212, July 20, 1994).
Q - Maya judge solemnize marriage without marriage license? Why?

ANS .- No. For solemnizing marriages even without the requisite marriage license, a
judge is deemed to have actually trifled with the law's concern for the institution
of marriage and the legal effects flowing from civil status, which should merit
administrative sanction, without prejudice to the civil and criminalliabilities he
may have incurred as well. (Cosca vs. Palaypayon, Jr., 55 SCAD 759,237 SCRA
249, Sept. 30, 1994).
Q - During the incumbency of a judge, he sent out handbills indicating his

intention to run for a congressional seat. Was the act of the judge proper?
Why?
ANS. -No. A judge acted improperly when he sent out letters/handbills manifesting
his intention to run as a congressional candidate while still the incumbent
judge and prior to the commencement of the campaign period. He took
advantage of his position to boost his candidacy, demeaned the stature of
his office and must be pronounced guilty of gross misconduct. (Vistan vs.
Nicolas, 201 SCRA 524, Sept. 13, 1991).
Q - Should a judge report to his office even if he has no hearings? Why?
ANS. -Yes. A judge must report to his office even if he has no hearings on regular days.
The law regulating court sessions does not permit any "day off' from regular
office hours to enable the judge to engage exclusively in research or decision-
making, no matter how important. (Mendoza vs. Mabutas, 42 SCAD 423, 225
SCRA 411, June 17, 1993).
Q - A judge used his chambers as his family's residence. Was the
ANS. -No. A judge cannot use his chambers as his family's residence even with the
Governor's permission. Government property is for official use only and not for
the personal use of the official. (Presado vs. Geova, 42 SCAD 507, 223 SCRA 489,
June 21, 1993). Court rooms cannot be used as judge's living quarters. (Felongco
vs. Dictado, 42 SCAD 700, 223 SCRA 696).
Q - If the order of a judge was questioned before a higher court, should he appear
________________________________________________________________
personally to seek a reversal of the order that is unfavorable to his action? Why?
ANS. -No. The judge whose order is under attack is merely a nominal party.
Wherefore, a judge, in his official capacity should not be made to appear as a
party seeking reversal of a decision that is unfavorable to the action taken by
him. A decent regard for the judicial hierarchy bars a judge from suing against
the adverse opinion of a higher court. (Santiago vs. CA, 184 SCRA 690, April
27, 1990).
Q - The judge failed to render judgment in a case within the reglementary

period. His reason is the failure of the stenographer to transcribe the notes.
Was the contention proper?
ANS. - No. A delay in the transcription of stenographic notes cannot be
considered a valid reason for the delay in rendering judgment in a case.
With or without the transcribed stenographic notes, the 90-day period for
deciding cases should be adhered to. (Balagot vs. Opinion, 195 SCRA 429,
March 20, 1991).
In one case, the Supreme Court said that the failure to decide a case
particularly one involving a simple violation of the Bouncing Checks Law
for over five years is an inordinate amount of procrastination tantamount
to gross negligence. It is not enough for judges to pen their decisions; it is
also important to promulgate and make them known to all concerned at
the earliest possible time and within the mandated period. (Soyangco vs.
Maglalang, 196 SCRA 5, April
19, 1991).
Q - Describe the power of courts to cite persons in contempt.
ANS. -The power to declare a person in contempt of court and in dealing with him
accordingly is an inherent power lodged in courts of justice to be used as a means
to protect and preserve the dignity of the court, the solemnity of the proceedings
therein and the administration of justice from callous misbehavior, offensive
personalities, and contumacious refusal to comply with court orders.
And as in all other power of the court, the contempt power, however,
plenary it may seem, must be exercised judiciously and sparingly.
Clearly then, judges are enjoined to exercise utmost restraint in the use of
their contempt powers. They are expected to avail of the contempt power only as
a last resort when all other alternative courses of action are exhausted in the
pursuit of maintaining respect to the court and its processes. Thus, when a less
harsh remedy presents itself to the judge, he should at all times hesitate to use his
contempt power, and instead opt for the less harsh remedy. (De Guia vs.
Guerrero, Jr., 54 SCAD 1,234 SCRA 625, August 1, 1994).
Q - Is "immorality" as a ground for imposition of ad. ministrative sanctions

limited to illicit sexual intercourse alone?
________________________________________________________________
ANS. -No. Immorality has not been confined to sexual matters, but inCludes
conduct inconsistent with rectitude, or indicative of corruption, indecency,
depravity, and dissoluteness; or is willful, flagrant or shameless conduct showing
moral indifference to opinions of respectable members of the community, and as
inconsiderate attitude toward good order and public welfare. (Black's Law
Dictionary, Sixth ed., 1990, 751; cited in Alfonso vs. Judge Juanson, Adm. Matter
No. RTJ-92-904, Dec. 7, 1993,46 SCAD 603).
For, it has been held that there is no dichotomy of morality; a public
official is also judged by his private morals. The Code of Judicial Ethics dictates
that a judge, in order to promote public confidence in the integrity and
impartiality of the judiciary, must behave with propriety at all times. A judge's
official life can not simply be detached or separated from his personal existence.
(Junio vs. Rivera Jr., 44 SCAD 308, 225 SCRA 688, Aug. 30, 1993).
In Sicat vs. Alcantara, et al., 161 SCRA 284, May 11, 1988, wherein the
respondent judge was chargedwith immorality for having an illicit affair with
a married female court employee, the Supreme Court declared:
"The personal and official actuations of every member of the Bench must be
beyond reproach and above suspicion. The faith and confidence of the public in the
administration of justice cannot be maintained if a judge who dispenses it is not equipped
with the cardinal judicial virtue of moral integrity, and if he obtusely continues to
commit an affront to public decency. In fact, moral integrity is more than a virtue; it is a
necessity in the Judiciary."
In another case where a municipal judge was charged with having illicit
relations with a concubine under scandalous circumstances, it was stated that if
good moral character is required of a lawyer, with more reason should that
requirement be exacted of a member of the Judiciary who at all times is expected
to observe irreproachable behavior and is bound not to outrage public decency.
Thus, even as an ordinary lawyer, a judge has to conform to the strict standards
of conduct demanded of members of the profession. Definitely, fathering a child
with a woman other than his lawful wife fails to meet these standards. A judge
suffers from moral obtuseness or has a weird notion of morality in public office
when he labors under the delusion that he can be a judge and at the same time
have a mistress in defiance of the mores and sense of morality of the community.
(lmbing vs. Tiongson, 48 SCAD 101,229 SCRA 690, Feb. 7, 1994).
Q - Explain the basic reason for disqualification of judges.

ANS. - The underlying reason for the Rule on Disqualification of Judges under
Sec. 1, Rule 137, Rules of Court, is to ensure that a judge, sitting in a case, will
at all times be free from inclinations or prejudices and be well capable to
render a just and independent judgment. A litigant, we often hear, is entitled
to nothing less than the cold neutrality of a judge. Due process requires it.
Indeed, he not only must be able to so act without bias but should even
appear to be so. Impartiality is a state of mind; hence, the need for some kind
of manifestation of its reality.
________________________________________________________________
Verily, a judge may, in the exercise of his sound discretion, inhibit himself
voluntarily from sitting in a case, but it should be based on good, sound or ethi-
cal grounds, or for just and valid reasons. It is not enough that a party throws
some tenuous allegations of partiality at the judge. No less than imperative is that
it is the judge's sacred duty to administer justice without fear or favor. (Parayno
vs. Meneses, 50 SCAD 170,231 SCRA 807, April 26, 1994).
Q - Why should a judge who is related to a party in a case pending in his sala
disqualify himself?
ANS. - The rule of compulsory disqualification of a judge to hear a case where the
judge is related to either party within the sixth degree of consanguinity or
affinity rests on the salutary principle that no judge should preside in a case
in which he is not wholly free, disinterested, impartial and independent. A
judge has both the duty of rendering a just decision and the duty of doing it
in a manner completely free from suspicion as to its fairness and as to his
integrity. The law conclusively presumes that a judge cannot objectively or
impartially sit in such a case and, for that reason, prohibits him and strikes at
his authority to hear and decide it, in the absence of written consent of all par-
ties concerned. The purpose is to preserve the people's faith and confidence in
the courts of justice. (Garcia vs. Dela Peiia, 48 SCAD 171, 229 SCRA 766).
Q - The respondent was charged with immorality and violation of the

Code of Judicial Ethics. The acts were allegedly committed when he was still a
practitioner. The complainant alleged that respondent had carnal knowledge
with his wife in at least five (5) occasions without specifying the dates. In fact,
his wife allegedly admitted having sexual intercourse with him. Now that he is
a judge, can he be removed for those acts he committed when he was still a
practitioner? Explain.
ANS. -No, for the acts were done before he became a judge. Proof of prior
immoral conduct cannot be the basis for his administrative discipline. The
respondent may have undergone moral reformation after his appointment, or
his appointment could have completely transformed him upon the solemn
realization that apublic office is a public trust and public officers and
employees must at all times be accountable to the people, serve them with
utmost responsibility, integrity, loyalty and efficiency, act with patriotism and
justice, and lead modest lives. (Section 1, Article XI,1987 Constitution). It
would be unreasonable and unfair to presume that since he had wandered
from the path of moral righteousness, he could never retrace his steps and
walk proud and tall again in the path. No man is beyond reformation and
redemption. A lawyer who aspires for the exalted position of a magistrate
knows, or ought to know, that he must pay a high price for the honor - his
private and official conduct must at all times be free from the appearance of
impropriety. (Jagueta vs. Boncaros, 60 SCRA 27 [1974]). And the lawyer who
is thereafter appointed thereto must perforce be presumed to have solemnly
bound himself to a way of conduct free from any hint or suspicion of
impropriety. The imputation of illicit sexual acts upon the incumbent judge
________________________________________________________________
must be proven by substantial evidence, which is the quantum of proof
required in administrative cases. (Alfonso vs. Judge Modesto Luanson, Dec. 7,
1993,46 SCAD 603).
Q - Judge Enrique A. Cube was, on May 31, 1993 appointed Presiding Judge of
Metropolitan Trial Court, Branch 22, Manila. Subsequently, information was
received by the Judicial and Bar Council that he was previously dismissed in 1972
as Assistant Fiscal of Pasay City for gross misconduct and dereliction of duty for
failure to prosecute a criminal case which led to its dismissal with prejudice.
Cube applied for appointment to the Judiciary sometime in 1992. In the

Personal Data Sheet he was required to accomplish, one of the questions asked
was: "Have you ever been retired, dismissed, forced to resign from any em-
ployment for reason other than lack of funds or dropped from the rolls? His
answer was "Optional under RA 1145."
RA 1145 is entitled "An Act Creating the Philippine Coconut Administration..."

and does not deal with retirement, optional or otherwise. Cube's Services Record
made no mention of his having been employed in this agency.
Cube explained that his removal in 1972 was WITHOUT PREJUDICE. He was in
fact appointed to a municipal government position. Can he be dismissed? Why?
ANS. – Yes.
The circumstance that his dismissal was without prejudice is not material,
and neither is his subsequent appointment to a municipal position. What is
important is his non-disclosure or concealment of the fact that in 1972, he was
REMOVED as Asst. Fiscal. That fact was deliberately suppressed. He did not
retire, as he declared in his data sheet. He was removed for gross misconduct and
dereliction of duty in the prosecution of a smuggling case.
"It behooves every prospective appointee to the judiciary to apprise the appointing
authority of every matter bearing on his fitness for judicial office, including such
circumstances as may reflect on his integrity and probity. These are qualifications
specifically required by the Constitution."
The fact alone of his concealment of his previous dismissal from the public
service, which the Judicial and Bar Council would have taken into consideration
in acting on his application, is clear proof of his lack of the said qualifications and
renders him unworthy to sit as judge.
Judge Cube committed an act of dishonesty that rendered him unfit to be
appointed to, and to remain now in, the Judiciary, he has tarnished with his false-
hood. He was DISMISSED with prejudice to his reappointment to any position in
the government, including government-owned or -controlled corporations, and
with forfeiture of all retirement benefits. (Re: Inquiry on the Appointment of
________________________________________________________________
Judge Enrique A. Cube, AM No. 93-7-4280 METC, Oct. 13, 1993, 45 SCAD 301).
Q - A 14-year old girl, Cristina Junio filed with the Provincial Prosecutor's
office a complaint for acts of lasciviousness against Judge Rivera of
Alaminos, Pangasinan. The investigating officer recommended that the
judge be absolved of the administrative case. Is the recommendation
proper? Why?
ANS. - No. In dismissing the Judge, the Supreme Court said that exacting standards of
morality and decency from those who serve in the judiciary have been set. A
member of the judiciary is judged not only by his official acts but also by his
private morals, to the extent that such private morals are externalized in his
behavior. The judge failed to measure up to those demanding standards. He
was found guilty of gross misconduct and conduct prejudicial to the interest
of the judiciary. (Junio vs. Judge Pedro Rivera, Aug. 30, 1993).
Q - Provincial Prosecutor G. Olarte filed an information for murder against F.

Banite withoutrecommendation for bail in the sala of Judge Tarriela, presiding
judge Branch 44 RTC of Mamburao, Occidental Mindoro. On January 3, 1992,
the accused was arraigned where he pleaded not guilty. However, on January
18, 1992, prosecutor Olarte amended the informa tion against Banite without
leave of court to homicide and recommended a bail of P20,OOO.OO. Judge
Tarriela ordered Olarte to explain his action. Thereafter, on February 4, 1992,
Mrs. Zubiri, supervising steno-reporter of the provincial prosecutor on orders
of Olarte went to Judge Aguilar herein respondent, who was then the executive
and presiding judge of Branch 45 RTC of San Jose, Occidental Mindoro, to
request for the release of the accused Banite on bail. On the same day, Judge
Aguilar signed and issued the order approving the property bond and the
release of the accused on bail.
Complainants herein charged respondent judge with grave abuse of discretion,
since the case was being tried in the sala of Judge Tarriela. Is the judge guilty of
abuse of authority? Why?
ANS. -Yes. Respondent Judge is guilty of grave abuse of authority. The case was filed
in Branch 44, hence, respondent judge who presides in Branch 45, had no power
to act on the request to release on bail accused Banite. It was irregular for
respondent judge to entertain the request considering that it did not appear that a
formal motion had been filed by the accused to that effect.
Respondent judge should endeavor at all times to maintain the confidence
and high respect accorded to those who wield the gavel of justice. Circular No. 13
enjoins judges to conduct themselves strictly in accordance with the mandate of
existing laws and the code of judicial conduct that they be exemplars in their
communities and the living personification of justice and the rule of law.
Respondent judge's action shows such lack of familiarity with the laws,
rules and regulations as to undermine the public confidence in the integrity of
our courts.
________________________________________________________________
Moreover, the record does not show that at that time respondent judge
ordered Banite's release, judge Tarriela was absent or unavailable and could not
have acted on the request. (Cuaresma vs. Judge Aguilar, Sept. 3, 1993, 44 SCAD
451).
Q - Hermina Alvos, claiming to be the niece of Paz Ramirez, surviving

spouse of the late Ambrocio Pingco, filed with the RTC a petition for settle-
ment of the estate of Ambrocio. Respondent Judge appointed Alvos as special
administrator.
Counsel for Alvos filed an urgent motion stating that parcels of land
belonging to Ambrocio and his wife were sold to complainant Uy and
requested the Court to direct the Register of Deeds to freeze any transaction
without the signature of Alvos involving said properties and later
requested the titles issued to Uy be cancelled. Respondent Judge ordered
the cancellation and reinstatement of the names of the spouses Ambrocio
and Paz. Uy filed with the CA a petition to annul the order with a prayer for
a temporary restraining order to prevent the judge from further proceeding
against him.
Despite the decision of CA and the pendency of the petition for review
to SC, respondent judge continued issuing various orders resulting in the
issuance of new titles to the properties in the name of persons stated in the
project of partition to the damage and prejudice of complainant.
Furthermore, even after the SC had affirmed the ruling of the CA that
respondent judge has no jurisdiction to entertssain further proceedings
concerning the ownership of the properties, respondent judge still in an at-
tempt to defeat the proscription imposed by the higher judicial authority,
issued orders approving the sale of the properties to the further prejudice
of' the complainants, hence, this complaint against Judge Capulong. Is the
judge guilty? Why?
ANS. - Yes. The actuation of respondent judge clearly stressed her blatant dis
obedience to the lawful orders of superior courts and belie any claims that
she rendered the erroneous orders in good faith as would excuse her from
administrative liability.
Time and time again the Supreme Court emphasized that the judge is the
visible representation of law and justice from whom the people draw their will
and awareness to obey the law. For the judge to return that regard, the latter
must be the first to abide by the law and weave an example for the others to
follow. The judge should be studiously careful to avoid even the slightest
infraction to the law. To fulfill this mission, the judge should keep abreast of the
law, the rulings and doctrines of the Supreme Court. If the judge is already aware
of them, the latter should not deliberately refrain from applying them; otherwise,
such omission can never be excused. (Uy vs. Capulong, AM No. RTJ -91-766,
April 7, 1993)
________________________________________________________________
Q - The accused was the brother-in-law of the judge being the husband of her
sister. She did not inhibit herself. A judgment acquitting the accused was
rendered. Is the actuation of the judge correct or proper? Why?
ANS. - No, the judge violated and deliberately disregarded Rule 3.12(d), Canon
3 of the Code of Judicial conduct considering that the accused is her
brother-in-law and did not obtain the consent of the parties. She even
interceded to obtain settlement, hence, bias was then present on her part,
thereby necessarily blinding her impartiality and irreparably affecting the
cold neutrality she is supposed to possess. She should have voluntarily
disqualified herself.
She may not be liable for rendering unjust judgment, but may only be
guilty of gross ignorance of the law. (Ubarra vs. Judge Mapalad, March 22,
1993).
Q - Alisangco bought a stolen carabao. A complaint was filed for the

violation of No. 1612 (which the respondent Judge erroneously claim to
be the Anti-Cattle Rustling Law of 1979 when in reality, it is the Anti-
Fencing Law of 1979)against complainant Alisangco as one of the ac-
cused. Consequently, Judge Tabiliran immediately issued a warrant for
Alisangco's arrest without first determining his participation in the
offense charged and set the bond at P20,OOO.OO. Alisangco posted
cash bond after which he was served with a subpoena directing him to
appear for arraignment and preliminary investigation. On such date,
Alisangco no longer appeared because he had earlier filed a waiver of
his right to a preliminary investigation. In view of his non-appearance,
Judge Tabiliran issued an order to arrest Alisangco and requiring the
latter to show cause why his bond should not be confiscated. Before the
arrest could be effected, the latter's counsel intervened by filing a
motion to lift the order of arrest. The respondent Judge, however, had
not acted on the said motion. Hence, this complaint for grave abuse of
authority, ignorance of the law and conduct unbecoming of a presiding
judge. Decide.
ANS. -Considering that the MTC only had preliminary jurisdiction over the
case, the respondent judge did not have any authority to set the case for
arraignment. All it could do was to calendar the same for preliminary
investigation. There is no law or rule requiring an arraignment during the
preliminary investigation. The arraignment must be conducted by the court
having jurisdiction to try the case on its merits. Thus, in this case, the RTC has
exclusive original jurisdiction by reason of the prescribed penalty. Hence,
respondent Judge in this case did not know the proper procedure on the
matter or simply chose to ignore the same.
________________________________________________________________
It was duly proven that the waiver of preliminary investigation was
filed by the complainant. Respondent judge exhibited ignorance of procedural
law or plainly abused his authority when he issued a warrant for the arrest of
the complainant and ordered the latter to show cause why his bond should
not be confiscated. Even if the waiver was not seen by him because it was not
attached to the expediente of the case, the most that the court could have done
from the complainant's failure to appear was to consider him as having
waived his right to a preliminary investigation or declare such preliminary
investigation closed and terminated as to him. It is settled that even if an
accused had expressed his desire to be given an opportunity to be present at
the preliminary investigation, but later changed his mind and renounced his
right, he cannot be compelled to be present in the said investigation,
(Alisangco vs. Judge Tabiliran, June 30, 1993, 42 SCAD 797).
Q - State Prosecutor Zuno filed an administrative complaint against

Judge Dizon for gross ignorance of the law because he acquitted the de-
fendants in four cases of illegal possession of firearms. Judge Dizon
anchored his decision on the case of People vs. Asuncion, 161 SCRA 490,
which ruled that the prosecution must show that other than mere
possession of an unlicensed firearm, the perpetrator had the intent to
use the same. However, said ruling finds no application in the said
cases. The rule steadfastly laid down in cases of illegal possession of
firearms is that mere possession is sufficient to warrant conviction. The
offense is covered by special law and is malum prohibitum; hence, intent
to use is not an ingredient of the crime and need not therefore be alleged
in the information. The commission of the act being prohibited by
reason of public policy, it suffices that the prohibited article be found in
the possession of the accused, it not being necessary to allege or prove
intent to use.
At the investigation, it was found that Judge Dizon's erroneous
adherence to the ruling in People VB. Asuncion showed his ignorance of
the history and development of the firearm law; and that he failed to
ascertain first if the facts of the cases he relied upon are similar to the
four criminal cases filed by State Prosecutor Zuno. Is Judge Dizon guilty
of gross incompetence, gross ignorance of the law and of knowingly
rendering incorrect judgment? Why?
ANS. -Yes. In dismissing him, the Supreme Court said that Judge Dizon is once
more before the Supreme Court to answer charges, which are practically a
repetition of an earlier case against him. As before, he stubbornly insists that
malice or criminal intent should be proved even in crimes punished by special
laws or laws which are mala prohibita. The Supreme Court found him guilty of
having acted with gross incompetence and gross ignorance of the law, as to be
almost deliberate and tantamount to knowingly rendering incorrect and
unjust judgment. (Article 204, RPC).
A judge should be the embodiment of competence, integrity and
independence. He should be faithful to the law and maintain professional
________________________________________________________________
competence. In every case, he should endeavor diligently to ascertain the facts
and the applicable law answered by partisan interests, public opinion or fear of
criticism. When it has been clearly demonstrated, as in this case, not only once
but four times, that the judge is either grossly incompetent or grossly ignorant of
the penal laws especially those involving crimes committed by transients, like
smuggling of foreign currency and firearms, through the international airport in
Pasay City, where his court sits, he becomes unfit to discharge his judicial office.
More than mere ignorance of applicable laws and jurisprudence, his intran-
sigence and persistence in error will make people lose their faith in him as an
administrator of justice. Having lost his right to be addressed by the respectful
appellation of "Honorable Judge" he has likewise lost his right to continue in the
judicial service. (Senior State Prosecutor Zuno vs. Judge Dizon, June 23, 1993, 42
SCAD 601).
Q - The judge in an ejectment suit rendered a judgment, the dispositive portion

of which reads:
"Wherefore, in view of the foregoing considerations, it is hereby

respectfully
Prayed that judgment be rendered in accordance with the plaintiff's prayer in
their complaint in the above-entitled case."
In a petition for certiorari, the Court declared it void. But respondent judge
changed and amended his earlier decision ordering the defendants to vacate
the premises, hence, the complaint for gross ignorance of the law and in-
competence. Will the complaint prosper? Why?
ANS. -Yes. A judge should exhibit an industry and application commensurate

with the duties imposed upon him and he should be conscientious, studious and
thorough. He did not only issue a manifestly void decision, he even granted the
motion for its execution and issued the corresponding writ with full knowledge
that there was nothing to execute; exhibiting once more his inefficiency,
carelessness, negligence or even his incompetence. (Santos vs. Judge Orlando
Paguio, Nov. 16, 1993, 46 SCAD 295).
Q - After due notice and hearing and upon the filing of a bond, the
MTCC of Tangub City then presided over by Judge Salvanera directed the
defendants to vacate the fishpond in question and restore the possession to
Nique. The defendants filed a motion to lift the restraining order but the
court maintained it. They filed a second motion for reconsideration and
Judge Salvanera lifted the restraining order and delivered the possession of
the property to them.
Consequently, Nique filed a petition for certiorari in the CA to annul
Judge Salvanera's order. The CA referred the case to the RTC which has
concurrent jurisdiction over the case. The RTC set aside Judge Salvanera's
order and directed him to reinstate the writ of preliminary mandatory
injunction and restore the petitioner in the peaceful possession and
occupation of the fishpond.
________________________________________________________________
After the RTC decision had become final and executory, Nique filed a
motion for execution. The motion was heard by Judge Zapatos who had
succeeded Judge Salvanera. The defendants filed a motion to lift the
preliminary injunction but opposed by Nique. However, Judge Zapatos
denied the motion for execution and dissolved the writ of preliminary
mandatory in junction, which the RTC had ordered to be reinstated. Hence,
this complaint filed by Nique against Zapatos charging him with gross
ignorance of the law and failure to perform an act which he had been
directed to do. On theother hand, Judge Zapatos contended that he is
authorized under Sees. 6 and 7, Rule 58 of Rules of Court to dissolve an
injunction reinstated by the RTC since it appeared that after the injunction
was issued, there was a change in the situation of the parties and that a writ
of preliminary mandatory injunction is an interlocutory order that remains
at all times within the control of the court that issued it before final judg-
ment on the merits of the case. Is the judge guilty? Why?
ANS. -Yes, because a judge occupying a court that is lower in rank than the
RTC, owes respect to the latter and is bound by the disposition or decision of
said appellate court upon a petition for review of an order issued by him. His
act of reversing the final judgment of the RTC instead of complying with his
mandatory and ministerial duty of executing the same, is the height of
audacity, arrogance and presumption on his part for if the decision of the
RTC was unacceptable to the defendants, their remedy was to appeal it to a
higher court. Having failed to do that, they, as well as the lower court, were
bound by the judgment. There was no avoiding compliance with it for the ex-
ecution of a final judgment is a ministerial duty of the trial court. (Nique vs.
Zapatos, A.M. No. MTJ-92-655, March 1993).
Q - The judge admitted that during days he had no hearings, he stayed at

his house to make some research, resolve motions, make decisions. Anyway,
his house was near the court, so he can be easily reached. Is the act of the judge
proper? Why?
ANS. -No, because a judge must report to his office even if he has no hearing
on regular days. In Circular No. 13 dated 1 July 1987, the Supreme Court
stressed the need for punctuality and the faithful observance of office hours,
with Judges being enjoined to strictly observe the requirement of eight (8)
hours of service a day. This was reiterated in Administrative Circular No.1 of
28 January 1988. Also under the Interim Rules Implementing Batas Pambansa
BIg. 129, Judges of the Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts are required, on a rotation basis to report on
Saturdays from 8:00 a.m. to 1:00 p.m. primarily to act on petitions for bail and
similar matters, while all Executive Judges, whether in single or multiple salas,
are mandated to remain on duty on Saturday afternoons.
In Ubaldino A. Lacuron vs. Judge Pablo Atienza (Adm. Matter No. RTJ-90-
456, 14 January 1992), it was said that the law regulating court sessions does not
permit any "day off' from regular office hours to enable a judge to engage
exclusively in research or decision-writing, no matter how important. In Siasico
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vs. Sales (71 SCRA 139, 146 [1976]), the Supreme Court stated:
"Reasons of public policy, the preservation of the good image of the judiciary, and
avoidance of all appearances of impropriety, require that a judge should hold office at the
regular place of business of the court and not at his residence. A judge holding office in
his house makes criticism that his official actuation cannot bear public scrutiny, more
particularly of his co-officials in the local government. All these would have deterred
respondent from the course of action he had taken had he possessed some sense of decorum
and good judgment." (Mendoza vs. Judge Rodolfo Mabutas, June 17, 1993,42 SCAD
423).
Q - An ejectment suit was filed. A judgment was rendered; the writ of execution
was issued after five (5) years. Furthermore, the movant was not a party; nor
even a substituted party. Is the judge guilty of impropriety? Why?
ANS. -Yes, because a judge's official conduct should be free from the
appearance of impropriety, in his personal behavior, not only upon the
bench and in the performance of judicial duties, but also his everyday life,
should be beyond reproach, and he should administer his office with due
regard to the integrity of the system of the law itself, remembering that he
is not a depository of arbitrary power, but a judge under the sanction of
law. (Canons 3 and 18, Code of Judicial Ethics).
The movant had not yet been substituted as a party; the writ of
demolition was issued despite the fact that his court ceased to have
authority to enforce the decision by motion. The least explanation is that,
he was unaware of the Rules. If he was cognizant of said rules, then he
deliberately ignored them to extend benefit to a party who happened to be
his compadre. In such a case, he allowed a relationship to influence his
action to the prejudice of the complainant. (Vda. De Coronel vs. Judge
Danan, et al., Aug. 9, 1993, 43 SCAD 926).
Q - Who has the power to investigate a judge who falsified his certificate
of service?
ANS. The Supreme Court in Maceda vs. Vasquez, et al., G.R. No. 102781,
April 22, 1993, held that the power to investigate a complaint against a
judgess for alleged falsification of his certification of service is lodged in
the Supreme Court, thru the Court Administrator. The Ombudsman is
powerless to do so under the principle of separation of powers.
If it is a criminal case, the Ombudsman has the power to investigate the
judge.
Q - A judge acquitted the accused in a case for violation of the

Central Bank Act because intent to violate the law was not proven. He
repeated the same mistake in another case for violation of another
special law specifically the attempt to
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smuggle firearms into and out of the country. He was removed twice.
Explain the reason.
ANS. -The reason for such dismissal twice could be traced from the fact
that such mistake cannot be ascribed to a simple mistake of judgment but
to gross ignorance of the law, if not deliberate disregard of the same. It is
tantamount to knowingly rendering unjust and incorrect judgment. A
judge should be the embodiment of competence, integrity and
competence. (Padilla vs. Dizon, 158 SCRA 127; Senior State Prosecutor
Jovencito ZUllO, Jr. vs. Dizon, June 23, 1993, 42 SCAD 601).
________________________________________________________________
________________________________________________________________
Q- Are there any distinctions between the court and the judge?
ANS. - Yes. The court is an entity and the person who occupies the position is the judge. A court
may exist without a judge. There may be a judge without a court. (Pamintuan vs. Llorente,
29 Phil. 346).
Q - What do you understand by the principle that the administration of justice is a

shared responsibility of the judge and the lawyer?
ANS. - It means that it is the duty of both counsel and judge to maintain not to destroy, the
high esteem and regard for courts. Any act on the part of one or the other that tends
to undermine the people's respect for, and confidence in, the administration of
justice is to be avoided. And this, even if both may have to restrain pride from
taking the better part of their system. (Lugue vs. Kayanan, 29 SCRA 173). The
relations of judge and lawyer should be founded on mutual respect and on a deep
appreciation by one of the duties of the other. (Romero vs. Valle, 147 SCRA 197)
Q - Explain the principle that a judge should not only be impartial but must also
appear impartial.
ANS. - The sole purpose of courts of justice is to enforce the laws uniformly and
impartially, without regard to persons or their circumstances or to opinions of men.
A judge should at all times be wholly free, disinterested, impartial and independent.
Elementary due process requires a hearing before an impartial and disinterested
tribunal. A judge has both the duty of rendering a just decision and the duty of
doing it in a manner completely free from suspicion as to its fairness and as to his
integrity. Judges therefore, should not only be impartial but they should also appear
impartial. (Tan, Jr. vs. Gallado, 73 SCRA 315).
Q- Should a judge succumb to pressure from whatever source? Why?
ANS. - No. To do so is equivalent to a case of betrayal of the public trust reposed on a

judge as an arbiter of the law and a revelation of his/her weak moral character. A
judge is expected to be fearless in his/her pursuit to render justice, to be unafraid to
displease any person, interest or power and to be equipped with a moral fiber strong
enough in his/her office. (Ramirez vs. Corpuz-Macandog, 144 SCRA 462).
Q- How do you describe the appearance of a judge in his official and personal conduct?
ANS. - A judge's official conduct and his behavior in the performance of judicial
duties should be free from the appearance of impropriety and must be beyond
reproach. (Alagas vs. Reyes, 131 SCRA 445; Li vs. Niyares, 65 SCRA 167). Even
his personal behavior in his everyday life should be beyond reproach. He should
avoid even the slightest infraction of the law. (Cabrera vs. Pajares, 142 SCRA
________________________________________________________________
127).
Q- How do you explain the fact that a judge should be like Caesar's wife?
ANS. - A judge should be like Caesar's wife because a judge must not only be pure but
must also appear to be so. Appearance is as important as reality in the performance
of judicial functions. Like Caesar's wife, a judge must not only be pure but must be
beyond suspicion. (Palang vs. Zosa, 58 SCRA 776). A judge has the duty not only to
render a just and impartial decision, but also render it in such a manner as to be free
from any suspicion as to its fairness and impartiality, and also as to the judge's
integrity. (Martinez vs. Gironella, 65 SCRA 245).
Q - Explain the rule that a judge should not seek publicity for personal vainglory.
ANS. - It means that judges should be prohibited from seeking publicity for vanity or
self-glorification. Judges are not actors or actresses or politicians. They are also
prohibited from making public comments on any pending or impending case.
Judges must not be moved by a desire to cater to public opinion to the detriment
of justice. (Go vs. CA, 206 SCRA 165).
Q- Maya judge invite the press during the hearing of a sensational case? Why?
ANS. - No. A judge should not allow unnecessary taking of Pictures of the court
.proceedings. He should not allow the broadcasting of proceedings over the radio or
allow the televising of the proceedings. The reason is that, such fanfare and publicity
detract from the dignity of the court proceedings for the parties involved tend to
become more self-conscious on their appearances rather than the truth of the facts
and substance of the issues. The administration of justice would then ultimately
suffer as the judge might be influenced by the public clamor engendered by the
publicity. Finally, a judge should not seek publicity for his personal vainglory.
Q- When may a judge intervene during the presentation of evidence?
ANS - A judge may intervene during the presentation of evidence in order to expedite
and prevent unnecessary waste of time. (Domanico vs. CA, 122 SCRA 218). He may
intervene to profound clarificatory questions. (People vs. Muit, 117 SCRA 696). He
should, however, limit himself only to clarificatory questions and not to ask
searching questions after the witness had given direct testimony. (Valdez vs.
Aquilizan, 133 SCRA 150). His act should be done sparingly and not throughout the
proceedings. (People vs. Ibanson, 120 SCRA 679).
Q - What constitutes undue interference by the judge in the presentation of

evidence?
ANS. - There is undue interference if the judge will extensively profound questions to
________________________________________________________________
the witnesses which will have the effect of or will tend to build or bolster the case
of one of the parties.
Q - Give the reason behind the rule that a judge should not interfere in the
presentation of evidence.
ANS. - A judge should not only be impartial, but he should appear to be so. If he
profounds questions to help build the case of a party, he would come out biased
against or partial in favor of a party. A judge interference may likewise prevent the
proper presentation of the case, and the ascertainment of the truth in respect thereto.
Q - An MTC judge was present during the meeting of his relatives before the
DARAB. He even suggested the review of the land reform coverage and even
talked to those who refused to obey the writ of execution issued by the
DARAB. Is the act of the judge proper?
ANS. - No, because as a member of the Bench, he should have realized that his
presence, opinion and participation in any proceeding could slant the evaluation
and resolution of the case in favor of the party he identifies himself with. A judge
need not utter any word for his sheer presence, as a member of the Judiciary,
would be sufficient suggestion of persuasion and influence. (Garcia, et al. vs.
Valdez, A.M. No. MTJ-98-1156, July 13, 1998, 96 SCAD 170).
Q - If a judge renders a judgment on the day after a case is submitted for decision, is
the act proper? Why?
ANS. - Yes, there is nothing anomalous in the act of the judge, as it is even an evidence of
his intention to dispose of cases with dispatch. The immediate resolution of the
decision was no more than his compliance with his duty as a judge to dispose of the
court's business promptly and decide cases within required periods. Instead of being
punished, he should even be commended for his close attention to duty. (Fule vs.
CA, et al., G.R. No. 112212, March 2,1998,92 SCAD 14).
Q - Why should a judge decide a case within the reglementary period provided for
by the Rules?
ANS. - A judge should decide a case within the reglementary period because failure to do
so constitutes gross dereliction of duty. A judge should decide a case promptly and
expeditiously, for it cannot be denied that justice delayed is justice denied. Delay in
the disposition of cases undermines the people's faith and confidence on the
judiciary. Hence, judges are enjoined to decide cases with dispatch. Their failure to
do so constitutes gross inefficiency and warrants the imposition of administrative
sanctions on them. (Fe T. Bernardo vs. Judge Amelia A Fabros, A.M. No. MTJ-99-
1l89, May 12, 1999, citing Sanchez vs. Vestil, AM. No. MTJ-981419, October 13, 1998,
100 SCAD 147).
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Q - A judge admitted that she failed to decide a case within the reglementary
period provided for the by the Rules. Her reason was that there was oversight
on her part. Is the reason proper? Why?
ANS. - No. A judge is expected to keep his own record of cases so that he may act on
them promptly without undue delay. It is incumbent upon him to devise an
efficient recording and filing system in his court so that no disorderliness can
affect the flow of cases and their speedy disposition. x x x Proper and efficient
court management is as much his responsibility. He is the one directly
responsible for the proper discharge of his official functions. (See Fe T. Bernardo
vs. Judge Amelia A Fabros, AM. No. MTJ-99-1l89, 106 SCAD 425, May 12, 1999).
Q - When may a judge be subjected to disciplinary action for his errors? Explain.
ANS. - For liability to attach for gross negligence of the law, the assailed order, decision or
actuation of a judge must not only be found erroneous but, most importantly, it
must be established that the judge was moved by bad faith, dishonesty, hatred, or
some other like motive. (Dela Cruz vs. Concepcion, 54 SCAD 640, '235 SCRA 597).
Q - When is a judge liable for rendering an unjust judgment? Explain.
ANS. - A judge may be held liable for rendering an unjust judgment when he acts in bad
faith, malice, revenge, or some other motive. (Heirs of the late Nasser Yasin vs. Felix,
66 SCAD 157, 250 SCRA 545).
Q- Discuss the import of the rule on voluntary inhibition of judges.
ANS. - The import of the rule on voluntary inhibition of judges is that the decision on
whether or not to inhibit is left to the sound discretion and conscience of the trial
judge based on his rational and logical assessment of the circumstances prevailing in
the case brought before him. It makes clear to the occupants of the Bench that
outside of pecuniary interest, relationship or previous participation in the matter
that calls for adjudication, there might be other causes that could conceivably erode
the trait of objectivity, thus calling for inhibition. This is to betray a sense of realism,
for the factors that lead to preference or predelictions are many and varied.
In the final reckoning, there is really no hard and fast rule when it comes to
the inhibition of judges. Each case should be treated differently and decided based
on its peculiar circumstances. The issue of voluntary inhibition is primarily a matter
of conscience and sound discretion on the part of the judge. It is a subjective test the
result of which the reviewing tribunal will not disturb in the absence of any manifest
finding of arbitrariness and whimsicality. The discretion given to trial judges is an
acknowledgment of the fact that these judges are in a better position to determine
the issue of inhibition as they are the ones who directly deal with parties-litigants in
their courtrooms. (People vs. Gallermo, G.R. No. 123546, July 7, 1998, 95 SCAD 579).
________________________________________________________________
Q - A complaint was filed against a judge for reprehensible conduct in engaging
in the, ,publication of a gossip tabloid, The Mirror, as editor and legal adviser
and as a gossip-mongering columnist of a local newspaper, Sun Star Clark.
Complainant alleged that respondent used his newspaper column to ventilate
his biases or personal anger at people or institutions. For instance, when
respondent failed to receive payment from the Office of the Governor for
advertisement in exchange for a congratulatory messages in the maiden issue
of The Mirror, respondent placed a blank space purportedly for the governor's
message, and expressed contempt with a few lines underneath a picture of the
governor. Complainant believes that respondent judge should not engage in
active, sensational, and free-for-all journalistic writing because such act
degrades the judicial system and compromises his impartiality as an
administrator of justice. He likewise persistently attacked the governor for his
movie-making activities.
Can the judge be dismissed for his acts? Why?
ANS. - Yes. The Code of Judicial Conduct mandates that a judge should avoid
impropriety and the appearance of impropriety in all activities. The personal
behavior of a judge not only upon the Bench but also in his everyday life should
be above reproach and free from the appearance of impropriety.
There is a difference between freedom of expression and compromising the
dignity of the Court through publications of emotional outburst and destructive
criticisms. Respondent's writing of active and vicious editorials compromises his
duties as judge in the impartial administration of justice, for his views printed on
newspapers reflect on his office as well as on the public officers that he
challenges. From the standpoint of conduct and demeanor expected of a judge,
resort to intemperate language only detracts from the respect due a member of
the judiciary and becomes self-destructive.
Moreover, in persistently attacking the moviemaking activities of the provincial
governor and repeatedly threatening to file an action against a public officer,
respondent encourages litigation and causes dissension against the public officer
concerned. As a judge, respondent's role is to maintain equanimity and not instigate
litigation. This is not to say that one cannot question the improper activities of
government officials if there are any. However, it is not proper for a judge to write
publications of carelessly-worded editorials in local newspapers. (Benalfre J. Galang
vs. Judge Abelardo H. Santos, A.M. No. MTJ-99-1197, May 26, 1999).
Q - After the hearing of the petition for bail, the court issued an order denying
the same on the ground that the evidence of guilt is strong. The petitioner filed
a motion for reconsideration, but was denied, the court ruling that it has al-
ready clearly spelled out the grounds relied upon in the denial of the motion.
The accused asked for the inhibition of the judge contending that because of
the actuations of the judge, he has already become biased, hence, he stands no
________________________________________________________________
chance at all in court presided by the judge. Is the motion proper? Why?
ANS. - No. The orders denying the petition for bail and the motion for reconsideration
do not sufficiently prove bias and prejudice to disqualify the judge under Sec. 1,
Rule 37 of the Rules of Court. For such bias and prejudice, to be a ground for
disqualification, must be shown to have stemmed from an extrajudicial source,
and result in an opinion on the merits on some basis other than what the judge
learned from his participation in the case. Opinions formed in the course of
judicial proceedings, as long as they are based on the evidence presented and
conduct observed by the judge, even if found later on as erroneous, do not prove
personal bias or prejudice on the part of the judge. Extrinsic evidence is required
to establish bias, bad faith, malice or corrupt purpose, in addition to palpable
error which may be inferred from the decision or order itself. (Victorio Aleria, Jr.
vs. Hon. Alejandro Velez, Jr., G.R. No. 127400, November 16, 1998, 100 SCAD
720, citing Webb vs. People, 85 SCAD 66, 276 SCRA 243).
Q - A judge ordered the release of the accused knowing that the cash deposit for his
bail was not yet sufficient. Is he liable for his act? Why?
ANS. - Yes, because the error was gross and patent violation of law and the rules on bail.
While it is true that a judge may not be held administratively accountable for every
erroneous order or decision (Guillermo vs. Reyes, 58 SCAD 130, 240 SCRA 154), yet
if the error is gross or patent, malicious, deliberate or in evident bad faith, he may
still be liable. The reason for this is that he is expected to have a more than cursory
acquaintance with the rules on bail. Failure to follow basic legal commands
embodied in the law and the rules constitutes gross ignorance of the law (Del
Rosario, Jr. vs. Bartolome, 81 SCAD 281, 270 SCRA 645; Aurillo vs. Francisco, 54
SCAD 352, 235 SCRA 283) from which no one may be excused, not even a judge.
(Evelyn De Austria vs. Judge Orlando D. Beltran, A.M. No. RTJ-98-1406, September
1, 1999).
Q - Maya judge be held administratively accountable for every erroneous order or

decision he rendered? Why?
ANS. - No. As a rule, a judge may not be held administratively accountable for every
erroneous order or decision he renders. To unjustifiably hold otherwise, assuming
that he has erred, would be short of harassment and would make his position
doubly unbearable, for no one called upon to try the facts or interpret the law in the
process of administering justice can be infallible in his judgment. The error must be
gross or patent, malicious, deliberate or in evident bad faith. It is only in this latter
instance when the judge acts fraudulently or with gross ignorance, that administra-
tive sanctions are called for as an imperative duty of this Court. (Evelyn de Austria
vs. Judge Orlando D. Beltran, A.M. No. RTJ-98-1406, September 1, 1999; Panganiban
vs. Judge Pablo B. Francisco, et al., A.M. No. RTJ-98-1425, November 16, 1999).
________________________________________________________________
Q - Give examples of defenses of a judge charged with ignorance of the law.
ANS. - Good faith and absence of malice, corrupt motives or improper considerations are
sufficient defenses in which a judge charged with ignorance of the law can find
refuge. (Evelyn de Austria vS. Judge Orlando D. Beltran, A.M. No. RTJ-98-1406,
September 1, 1999, citing Guillermo vs. Reyes, 58 SCAD 130, 240 SCRA 154).
Q - Are the acts of a judge in his judicial capacity subject of disciplinary action? Is
the rule absolute? Explain.
ANS. -No. As a matter of public policy, in the absence of fraud, dishonesty or corruption,
the acts of a judge in his judicial capacity are generally not subject to disciplinary
action, even though such acts are erroneous. (Morada vs. Judge Tayao, 48 SCAD 131,
229 SCRA 723, citing Louis Vuitton S.A. vs. Judge Villanueva, 216 SCRA 121;
Mendoza vS. Villaluz, 106 SCRA 664). As has been stated in the recent case of Santos
vs. Judge Jose Orlino, A.M. No. RTJ-98-1418, September 25, 1998, 98 SCAD 752:
"The fundamental propositions governing responsibility for judicial error were more recently
summarized in 'In Re: Joaquin T. Borromeo,' 59 SCAD 1 [1995J, 241 SCRA (1995). There
the Court stressed inter alia that given the nature of the judicial function and the power
vested in the SC and the lower courts established by law, administrative or criminal
complaints are neither alternative nor cumulative to judicial remedies where such are
available, and must wait on the result thereof Existing doctrine is that judges are not liable
for what they do in the exercise of their judicial functions when acting within their legal
powers and jurisdiction. (Alzua, et al. vs. Johnson, 21 Phil. 308, 326; Sec. 9, Act No. 190).
Certain it is that a judge may not be held administratively accountable for every erroneous
order or decision he renders. (Rodrigo
vs. Quijano, 79 SCRA 10). To hold, otherwise, would be to render judicial office untenable,
for no one called upon to try the facts or interpret the law in the process of administering
justice can be infallible in his judgment. (See Lopez vs. Corpuz, 78 SCRA 374; Pilipinas
Bank vs. Tirona-Liwag, 190 SCRA 834). The error must be gross or patent, deliberate and
malicious or incurred with evident bad faith. (Quizon vs. Baltazar, Jr., 65 SCRA 293)."
If an alleged error of a judge cannot amount to gross misconduct and bereft

of any persuasive showing of deliberate or malicious intent to cause prejudice to any
party, the administrative complaint against him insofar as the charge for gross
misconduct is concerned, must be dismissed for want of factual basis. (Jewel F.
Canson vs. Hon. Francis F. Garchitorena, et al., SB-99-9-J, July 28, 1999).
Q - An applicant for a position was told by the judge that in exchange for his
signature on her employment, she would become his girlfriend. Thereafter, he
went on to kiss her against her will. After learning that her application had been
approved, he called her to his chamber and said that she was already his
girlfriend. He went on to embrace her, kiss her, and touch her right breast. Can
________________________________________________________________
the judge be punished? Why?
ANS. - Yes, because not only did he fail to live up to high moral standards of the
judiciary, he even transgressed to ordinary norms of decency expected of
every person. The conduct of a judge, whether official or private, must be
beyond reproach and above suspicion. A member of the Bench must not only
be a good judge; he or she must also be a good person. (Dawa vs. De Asa, 96
SCAD 373, 292 SCRA 703). This is necessary so as not to erode the faith and
confidence of the public in the judiciary. (Naval vs. Panday, 84 SCAD 691, 275
SCRA 654). In the final analysis, such faith and confidence is anchored on the
highest standard of integrity and moral uprightness that judges are expected
to possess. As ruled in Junio vs. Rivera, Jr., 44 SCAD 308, 225 SCRA 688:
"All judges on all levels of the judicial hierarchy, from this Court down to the Municipal
or Metropolitan Trial Courts, are bound to observe the above exacting standards. There is
however, a special reason for requiring compliance with those standards from those who
are front liners of the judicial department. As such, a judge is the most visible living
representation of the country's legal and judicial system. He is the judicial officer who on
a day-to-day basis deals with the disputes arising among simple, rural people who
comprise the great bulk of our population. He is the judicial officer who comes into closest
and most frequent contact with our people. The judiciary as a whole and its ability to
dispense justice are inevitably measured in terms of the public and private acts of judges in
the grass roots level. It is essential, therefore, if the judiciary is to engage and retain the
respect and confidence of our nation, that this Court insist that municipal judges and all
other judges live up to the high standards demanded by our case law and the Code of
Judicial Conduct, and by our policy."
The judge's lustful conduct was aggravated by the fact that he was the
superior of the complainant. Instead of acting in loco parentis toward his subordi-
nate employee, he took advantage of his position and preyed on her. (Ana May M.
Simbajon vs. Judge Rogelio M. Esteban, A.M. No. MTJ-98-1162, August 11,1999,
citing Talens-Dabon vs. Arceo, 72 SCAD 527, 259 SCRA 354).
Q - Will the retirement of a judge preclude the finding of any administrative

liability on his part? Why?
ANS. - No. The retirement of a judge or any judicial officer from the service does not
preclude the finding of any administrative liability to which he shall still be an-
swerable. In Gallo vs. Cordero, 61 SCAD 956, 245 SCRA 219, it was said that
since the court had this jurisdiction at the time of the filing of the administrative
complaint it was not lost by the mere fact that the respondent public official had
ceased in office during the pendency of his case. The Court retains its jurisdiction
either to pronounce the respondent official innocent of the charges or declare
him guilty thereof. A contrary rule would be fraught with injustice and pregnant
with dreadful and dangerous implications. If innocent, respondent official merits
vindication of his name and integrity as he leaves the government which he has
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served well and faithfully; if guilty, he deserves to receive the corresponding
censure and a penalty proper and imposable under the situation. (Villa
Macasasa, et at. vs. Judge Fausto H. Imbing, A.M. No. RTJ-99-1470, August 16,
1999).
Q - A judge should act beyond reproach and suspicion. Does this mandate
include his personal behavior? Why?
ANS. - Yes. A judge should conduct himself beyond suspicion and reproach, and be
free from appearance of impropriety in his personal behavior, not only in his
official duties, but also in his everyday life. No position demands greater
moral righteousness and uprightness than a seat in the judiciary. A judge
must be the epitome of integrity and justice. (Assn. of Court Employee vs.
Tupas, July 12, 1989).
Q - State how a judge should conduct himself in the performance of his duties
and in his dealings with others.
ANS. -The court exists to promote justice (Canon 2, Canons of Judicial Ethics);
accordingly, the judge's official conduct should be free from appearance of
impropriety, and his personal behavior, not only upon the bench and in the
performance of official duties, but also in his everyday life, should be beyond
reproach. (Canon 3, id.). He is the visible representation of the law and, more
importantly, of justice. (Office of the Court Administrator vs. Gines, 43 SCAD 76,
224 SCRA 262 [1993]; Inciong vs. De Guia, 154 SCRA 93 [1987]; Dela Paz vs.
Inutan, 64 SCRA 540 [1975]). He should administer his office with a due regard
to the integrity of the system of the law itself, remembering that he is not a
depositary power, but a judge under the sanction of law. (Canon 18; Guillen, et
al. vs. Judge Nicolas, A.M. MTJ-98-1166, 101 SCAD 397, December 4, 1998, citing
Caamic vs. Galapon, 56 SCAD 14, 237 SCRA 390).
Q -Describe the duty of a judge whenever an accused pleads guilty to a capital

offense.
ANS. -Trial courts must exercise meticulous care in accepting a plea of guilty in a capital
offense. Judges are duty-bound to be extra solicitous in seeing to it that when an
accused pleads guilty, he understands fully the meaning of his plea and the import
of his inevitable conviction. (People vs. Gonzaga, 127 SCRA 158). Courts must
proceed with more care where the possible punishment is in its severest form, like
death, for the reason that the execution of such a sentence is irrevocable. Experience
has shown that innocent persons have at times pleaded guilty. (People vs. Albert, 66
SCAD 456, 251 SCRA 136). Only a clear, definite and unconditional plea of guilty by
the accused must be accepted by trial courts. (ibid.). There is no such rule which
provides that simply because the accused pleaded guilty to the charge that his
conviction should automatically follow. (People vs. Mendoza, 42 SCAD 118,231
SCRA 264). A judge should always be an embodiment of competence. (Rule 1.01,
Canon1, Code of Judicial Conduct). As an administrator of justice, it is imperative
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that the trial judge carry out his duties ably and competently so as not to erode
public confidence in the judiciary. (People vs. Sevillano, et al., G.R. No. 129058, 105
SCAD 296, March 29, 1999).
Q - In a criminal case for falsification and use of falsified document, the judge was
charged with impartiality for having failed to inhibit himself despite the fact that
he was related to the accused within the fourth degree of affinity, thewife of the
accused being the first cousin of the judge. Was the act of the judge proper?
Explain.
ANS.-No. Under Rule 137, Sec. 1 of the Rules of Court, ajudge who is related within the
sixth degree of consanguinity or affinity to a party in a case is disqualified from
sitting in the case without the consent of all parties, expressed in writing, signed by
them, and entered upon the record. This prohibition is not limited to cases in which
he acts by resolving motions and issuing orders as respondent judge has done in the
subject criminal case. The purpose of the prohibition is to prevent not only a conflict
of interest but also the appearance of impropriety on the part of the judge. A judge
should take no part in a proceeding where his impartiality might reasonably be
questioned (Canon 3, Rule 3.12) and he should administer justice impartially and
without delay. (Canon 1, Rule 1.02; Lazo vs. Judge Antonio Tiong, A.M. No. MTJ-98-
1173, December 15, 1998, 101 SCAD 692).
Q - A judge was caught in the act of demanding and receiving money from a party-
litigant. Is the act sufficient to remove him? Why?
ANS. -Yes. A judge should always be a symbol of rectitude and propriety, comporting
himself in a manner that will raise no doubt whatsoever about his honesty. (Yuson
vs. Noel, 45 SCAD 116,227 SCRA 1). The conduct of respondent judge shows that he
can be influenced by monetary considerations. His act of demanding and receiving
money from a party-litigant constitutes serious misconduct in office. It is this kind of
gross and flaunting misconduct, no matter how nominal the amount involved on the
part of those who are charged with the responsibility of administering the law and
rendering justice quickly, which erodes the respect for law and the court. (Office of
the Court Administrator vs. Gaticales, 208 SCRA 508).
The respondent judge tainted the image of the Judiciary to which he owes
fealty and the obligation to keep it at all times unsullied and worthy of the people's
trust. (Garcia vs. Dela Penia, 48 SCAD 171, 229 conduct. He violated the established
norms of judicial behavior and the best interest of the judiciary demands that he be
dismissed from service.
Q - What are some of the grounds for the dismissal of a judge? State the reasons.
ANS. - Some acts that may warrant dismissal of a judge:
(c) acceptance of bribe;
(d) holding office and conducting hearings at his residence;

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(c) use of physical violence against the personnel of his court who failed to
deliver the entire volume of nipa ordered by him for the roof of his house;
(lmpao vs. Makilala, A.M. No. MTJ-88-184, October 13, 1989, 178 SCRA 541).
(d) receiving money from litigants and borrowing from them without paying
back;
(f) ordering a litigant to install an air-conditioning unit for the car of his wife.
(Ompoc vs. Torres, Sept. 17, 1989).
Reasons:
Members of the judiciary should display not only the highest integrity but at
all times conduct themselves in such a manner as to be beyond reproach and
suspicion. The respect and confidence of the public may justifiably be eroded if the
conduct of an erring judge is condemned. (Paredes vs. Buduha, Dec. 7, 1989).
Q - An RTC judge was fined and required to pay an amount equivalent to three
(3) months salary. He dismissed six informations for violation ofBP BIg. 22
because the checks were undated,hence, were mere promissory notes; the issu-
ance did not constitute criminal acts; that their collection can be properly made
in a civil case. Was the act of the judge proper? Why?
ANS. -No, in fact, the judge was fined for ignorance of the law. His opinion that the checks
were invalid because they were not dated also revealed his unfamiliarity with Sec. 6
of the Negotiable Instrument Law. (Torres vs. Pedrosa, Aug. 22, 1989). It is the duty
of a judge to keep abreast with the law and jurisprudence.
Q -Maya judge be subjected to disciplinary action in case of mis appreciation of

evidence? Is the rule absolute? Explain.
ANS. -No. In Miranda vs. Manalastas, Dec. 21, 1989, the Supreme Court said that mere
error in the appreciation of evidence, unless so gross and patent as to produce an
inference of ignorance or bad faith or that the judge unknowingly rendered an
unjust judgment, are irrelevant in administrative proceedings against the judge. A
judge is not infallible in his judgment. All that is expected of him is that he follows
the rules prescribed to ensure fair and impartial hearing.
A judge may not be administratively liable for erroneous ruling.
Q - If a party filed an administrative case against a judge, will this incident

constitute a ground to disqualify the judge from trying the case? Why?
ANS. - No. In Aparicio vs. Andal, July 25, 1989, the Supreme Court said that the mere filing
of an administrative case does not constitute a ground to disqualify a judge from
hearing the case, otherwise, many cases would have to be kept pending or there
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might not be enough judges to handle all the cases pending in all courts. There
must first be a showing of arbitrariness or prejudice before the judge can be
considered partial or bias.
Hence, if a judge denies the motion to inhibit him, his continued cognizance of
the case pending before him is proper, if no TRO or injunction is issued against him.
Q- State the effect if a judge shows signs of partiality and pre-judgment in a case. Why?
ANS. - The judge can be inhibited from further trying the case.
Partiality and pre-judgment can be just and valid reasons for the judge to
voluntarily inhibit himself. But mere suspicion that he is partial is not enough. There
must be evidence to prove the charge. (Fecundo vs. Benjamin, Dec. 18, 1989). A
litigant is entitled to the fairness and cold neutrality of an impartial judge.
Q - Madam C sought the assistance of a judge in expediting the intestate
estate proceedings of her deceased common-law husband. He, however, took
advantage of her helplessness and state of material depredation and took her
as his mistress. Was the act of the judge proper? Why?
ANS. -No, because a judge should personify judicial integrity and exemplify
honesty in public service. The personal behavior of a judge, both in the
performance of official duties and in private life should be above suspicion. The
exploitation of women becomes reprehensible when the offender commits
injustice by the brute force of his position of power and authority. (Calanog case).
Q - Maya judge be held to answer for an erroneous decision which he rendered?

Why?
ANS. -A judge cannot be held to account or answer, criminally, civilly, or administratively

for an erroneous decision rendered by him in good faith. While the Supreme Court
does not require perfection and infallibility, it reasonably expects a faithful and
intelligent discharge of duty by those who are selected to fill the positions of
administrators of justice.
Q - A judge has already retired when an administrative case was filed against him.
Is he still within the court's jurisdiction? Why?
ANS. - Yes. Even if a judge has already retired before the administrative case was filed
against him, the Supre me Court held that the court has not lost its jurisdiction over
him even if his retirement has been approved, for his retirement benefits have not
yet been paid. The reason for this is that the people would have no remedy left
anymore. By reason of public policy, the Court must assert and maintain jurisdiction
for acts performed in office which are inimical to the service and prejudicial to the
interest of the litigants and the general public.
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Q -Maya judge who exercises his judicial function be made liable for damages?
Why?
ANS. -A judge who exercises his judicial functions cannot be liable for damages. The test
of liability is not jurisdiction, but the nature of the question which is being
determined when the error complained of is committed by the court. (Aparicio vs.
Andal, G.R. No. 8658793, July 25, 1989). He is not liable even though there is in
reality absolute failure of jurisdiction over the subject matter. For, judges are
excluded from liability under Art. 32, New Civil Code, provided, their acts do not
constitute a violation of the Revised Penal Code.
Q - An RTC Judge was removed on charges of immorality and conduct unbecoming
of a public official. It was alleged that he maintained a mistress, having been the
father of two children with her, inspite his being a married man. Is the act of the
judge proper? Why?
ANS. -No, because the judge has behaved in a manner not becoming of his robes and as a
model of rectitude, betrayed the people's high expectations, and diminished the
esteem in which they hold the judiciary in general.
The circumstances show a lack of circumspection and delicadeza on the part of

the respondent judge by failing to avoid situations that make him suspect to
committing immorality and worse, having that suspicion confirmed especially so
that under Canon 1, Rule 1.01, a judge should be the embodiment of competence,
integrity, probity and independence.
The Code of Judicial Ethics mandates that the conduct of a judge must be free
from impropriety not only with respect to the performance of his judicial duties, but
also to his behavior outside his sala and as a private individual. There is no dichotomy
of morality: a public official is also judged by his private morals. The Code dictates
that a judge, in order to promote public confidence in the integrity and impartiality of
the judiciary, must behave with propriety at all times. A judge's official life can not
simply be detached or separated from his personal existence. Thus:
"Being the subject of constant public scrutiny, a judge should freely and willingly accept
restrictions on conduct that might be viewed as burdensome by the ordinary citizen."
Q - Explain the res ipsa loquitor doctrine in the investigation of errant judges.
ANS. -In these res ipsa loquitur resolutions, there was on the face of the assailed decisions
an inexplicable grave error bereft of any redeeming feature, a patent railroading of a
case to bring about an unjust decision, or a manifestly deliberate intent to wreak an
injustice against a hapless party.
The res ipsa loquitur doctrine does not accept or dispense with the necessity of
proving the facts on which the inference or evil intent is had. It merely expresses the
clearly sound and reasonable conclusion that when such facts are admitted or are
________________________________________________________________
already shown by the record, and no credible explanation that would negative the
strong inference of evil intent is forthcoming, no further hearing to establish them to
support a judgment as to the culpability of a respondent is necessary. (In re: Judge
Baltazar Dizon, Adm. Case No. 3086, May 31, 1989).
Q - In Clemencio Sabitsana, Jr. vs. Judge Adriano Villamore, RTJ No. 90-474, Oct.
4, 1991, a complaint was filed alleging that in his monthly certificates of
service, he made it appear that he had resolved all cases submitted for decision
within the 90-day period when in truth, he had 15 cases undecided from 5
years back or from March 1985. Was the act of the judge proper? Why?
ANS. -No. A member of the Bench cannot pay mere lip service to the 90-day requirement,
but should, in fact, persevere in its implementation. The Certificate of Service is not
merely a means to one's paycheck, but an instrument by which the Courts can fulfill
the constitutional mandate of the people's right to a speedy disposition of cases.
Thus, it has been ruled:
"The people's faith in the administration of justice, especially those who belong to the low
income group, would be greatly impaired if decisions are long in coming, more so from trial
courts which unlike collegiate tribunals where there is a need for extended deliberation, could
be expected to act with dispatch." (Magdamo vs. Pahimulin, Adm. Matter No. 662-MJ, 30
September 1976, 73 SCRA 110).
Q - Should a judge show undue interest in a pending case before another court?
Why?
ANS. -No. Cardinal is the rule that a judge should avoid impropriety in all activities. The
Canons mince no words in mandating that a judge shall refrain from influencing in
any manner the outcome of litigation or dispute pending before another Court.
(Canon 2, Rule 2.04). Interference by members of the Bench in pending suits with the
end in view of influencing the course or the result of litigation does not only subvert
the independence of the judiciary but also undermines the people's faith in its
integrity and impartiality. (Commentaries on the Code of Judicial Conduct). On this
point, Impao vs. Makilala (A.M. No. MTJ-88-184, October 13, 1989, 178 SCRA 541)
expounds:
"It is an important judicial norm that a judge's private as well as official conduct
must at all times be free from the appearance of impropriety." (Lugue vs. Kayanan, G.R. No. L
26828, August 29, 1969,29 SCRA 165; x x x). As held by this Court in the case of Dela Paz
vs. Inutan, Adm. Matter No. 201 MJ, June 30, 1975, 64 SCRA 540:
"The judge is the visible representation of the law and, more importantly, of justice. From
him, the people draw their will and awareness to obey the law. They see in him an
intermediary of justice between two conflicting interests, especially in the station of
municipal judges, like respondent Judge, who have that close and direct contact with the
________________________________________________________________
people before anybody else in the judiciary. Thus, for the judge to return that regard, he must
be the first to abide by the law and weave an example for the others to follow."
Q - If a judge reconsiders his decision/order, can he be charged administratively?

Why?
ANS. -No. It is the prerogative of a judge to correct his own decision before it becomes
final and executory, so as to make it conform to the evidence presented and the
applicable laws. (Baguyo vs. Leviste, 107 SCRA 35). The rule is true for as long as the
judge is in good faith which is always possessed.
decision rendered, provided, he acts in good faith and without malice. (Mendoza vs.
Villaluz, 106 SCRA 664). The proper remedy of the aggrieved party is not an
administrative charge against the judge but an appeal or petition for review of his
decision. (Martin vs. Judge Placido Vallarta, A.M. No. MTJ-90-495, Aug. 12, 1991).
Q - What is the effect if a judge allows the release of an accused who was convicted
of a non-bailable offense? Why?
ANS. - The judge is guilty of gross misconduct when he allowed accused individuals
duly convicted of non-bailable offenses and drug pushers at that - to enjoy pro-
visional liberty by way of bail. Under the facts obtaining in these cases, good
faith cannot be presumed on the part of the respondent judge. The suspicious cir-
cumstances attending the cases in point are far too glaring to ignore. (Villa vs.
Amonoy, A.C. RTJ-89-395, Feb. 13, 1991).
Q - How do you describe the office of a judge? Explain.
ANS. -The office of a judge exists for one solemn end – to promote justice by
administering it fairly and impartially. (Gonzales vs. Austria M. Abaya, 176 SCRA
634). The judge is the visible representation of the law and of justice. From him, the
people draw their will and awareness to obey the law. As such, he should avoid
even the slightest infraction of the law. (Inciong vs. De Guia, 154 SCRA 93; Dela Paz
vs. Inutan, 64 SCRA 56, 177 SCRA 435). In Santos vs. Lumang, it was said that a judge
who, through gross ignorance of the laws or serious misconduct, frustrates the
people's search for justice, commits a rank disservice to the cause of justice which
calls for rectification and the imposition of appropriate disciplinary measures. In
Summers vs. Ozaeta, 81 Phil. 754, it has been said that a judge's position demands
equanimity, prudence, fortitude and courage.
Q - For failure to pay a just debt, a judge was finedP20,OOO.OO. Was the penalty
proper? Why?
ANS. -Yes. Willful failure to pay a just debt is a serious offense under Rule 140 of the Rules
of Court, as amended by the resolution of the Supreme Court, dated July 25, 1974.
The amount involved (P4,500.00) is not big. He could easily have paid it, but it
appears that he was bent on frustrating the complainant's best efforts to obtain
________________________________________________________________
satisfaction of her lawful claim, apparently for no other intention than to annoy and
oppress her for having haled him and his wife into court. While an ejectment case is
supposed to be summary in nature, respondent judge, through dilatory tactics,
stretched the trial over a period of ten (10) years, and dragged the case all the way
from the municipal court to the Court of Appeals. After the decision had become
final, he delayed payment for two more years. He came across only after the
complainant in exasperation had filed this administrative charge against him.
Respondent judge's conduct toward the complainant was oppressive and

unbecoming a member of the judiciary. He used his position and his legal knowl-
edge to welsh on a just debt and to harass his creditor. His example erodes public
faith in the capacity of courts to administer justice. He violated Rule 2.0l. Canon 2 of
the Code of Judicial conduct which requires that "a judge should so behave at all
times as to promote public confidence in the integrity and impartiality of the
judiciary. (De Julio vs. Judge Benjamin Vega, A.M. No. RTJ-89-406, July 18, 1991).
Q - What should the Office of the Ombudsman do if a criminal complaint against

judge is filed with that office? Why?
ANS. -Where a criminal complaint against a judge or other court employees arises from
their administrative duties, the Ombudsman must defer action on said complaint
and refer the same to the Supreme Court for determination whether said judge or
court employee had acted within the scope of their administrative duties. This is so
because Article VIII, Section 6 of the 1987 Constitution exclusively vests in the
Supreme Court administrative supervision over all courts and court personnel, from
the Presiding Justice of the Court of Appeals down to the lowest municipal trial
court clerk. By virtue of this power, it is only the Supreme Court that can oversee the
judges and court personnel's compliance with all laws, and take the proper
administrative action against them if they commit any violation thereof. No other
branch of government may intrude into this power, without running afoul of the
doctrine of separation of powers. (Maceda vs. Vasquez, 221 SCRA 464, April 22,
1993).
Q - Mayan action of a judge in the exercise of his judicial function be the subject of
a disciplinary action? Is the rule absolute?
ANS. -No. As a general rule, the acts done by a judge in his judicial capacity are not
subject to disciplinary action, even though erroneous. These acts become subject to
disciplinary power only when they are attended by fraud, dishonesty, corruption or
bad faith. (Abiera vs. Maceda, 52 SCAD 581, 233 SCRA 520, June 30, 1994).
decision rendered, provided, he acts in good faith and without malice. (Martin vs.
Vallarta, 200 SCRA 469, Aug. 12, 1991).
________________________________________________________________
Good faith and absence of malice, corrupt motives and improper
consideration are sufficient defenses that may be availed of by a judicial officer
charged with ignorance of the law and promulgation of an unjust decision from
being held accountable for errors of judgment, on the premise that no one called
upon to try the fact or interpret the law in the administration of justice can be
infallible. (Pilipinas Bank vs. Tirona-Liwag, 190 SCRA 834, Oct. 18, 1990).
Q - State the concept and elements of knowingly rendering unjust judgment.

ANS. - Knowingly rendering an unjust judgment is both a criminal and an administrative
charge. As a crime, it is punished under Art. 204 of the RPC, the elements of
which are: (a) the offender is a judge; (b) he renders a judgment in a case
submitted to him for decision; (c) the judgment is unjust; and (d) the judge
knows that his judgment is unjust. The gist of the offense therefore is that an
unjust judgment be rendered maliciously or in bad faith, that is, knowing it to be
unjust.
An unjust judgment is one which is contrary to law or is not supported by the

evidence, or both. The source of an unjust judgment may be error or ill-will. There is
no liability at all when required to exercise his judgment or discretion. A judge is not
liable criminally for any error which he commits, provided he acts in good faith. Bad
faith is therefore the ground of liability. If in rendering judgment the judge fully
knew that the same was unjust in the sense aforesaid, then he acted maliciously and
must have been actuated and prevailed upon by hatred, envy, revenge, greed, or
some other similar motive. Mere error therefore in the interpretation or application
of the law does not constitute the crime.
The nature of the administrative charge of knowingly rendering an unjust
judgment is the same as the criminal charge. Thus, it must be established that the
judge rendered a judgment or decision not supported by law and/or evidence and
that he must be actuated by hatred, envy, revenge, greed, or some other similar
motive.
If for every error of a judge he should be punished, then perhaps no judge,

however good, competent and dedicated he may be, can ever hope to retire from the
judicial service without a tarnished image. Somehow along the way he may commit
mistakes, however, honest. This does not exclude members of appellate courts who
are not always in agreement in their views. Anyone belonging to the minority
opinion may generally be considered in error, and yet, he is not punished because
each one is entitled to express himself. This privilege should extend to trial judges so
long as the error is not motivated by fraud, dishonesty, corruption, or any other evil
motive. (Dela Cruz vs. Concepcion, 54 SCAD 640, 235 SCRA 597, Aug. 25, 1994).
Q -If a judge is charged and the complainant has lost interest in prosecuting the
case, will the case be dismissed? Why?
________________________________________________________________
ANS. -No. The fact the complainant has lost interest in prosecuting the administrative
case against a judge will not necessarily warrant a dismissal thereof. Once
charges have been filed, the Supreme Court may not be divested of its
jurisdiction to investigate and ascertain the truth of the matter alleged in the
complaint. The Supreme Court has an interest in the conduct of members of the
Judiciary and in improving the delivery of justice to the people, and its efforts in
that direction may not be derailed by the complainant's desistance from further
prosecuting the case he or she initiated.
To condition administrative actions upon the will of every complainant,
who may, for one reason or another, condone a detestable act, is to strip the
Court of its supervisory power to discipline erring members of the Judiciary.
Definitely, personal interests are not
material or controlling. What is involved here is a matter of public interest
considering that a judge is no ordinary citizen but an officer of the court whose
personal behavior not only upon the bench and in the performance of judicial duties,
but also in his everyday life, should be beyond reproach. (Imbing vs. Tiongson, 48
SCAD 101,229 SCRA 690, Feb. 7, 1994).
Q -. X applied for the position of an RTC judge without revealing that he has two
pending cases. Is the act of X proper? Why?
ANS. -No. A judge is held guilty of gross misrepresentation when he failed to disclose that
he was facing two serious criminal charges when he accepted appointment and
subsequently qualified as RTC judge. The argument that he had not yet been con-
victed and should be presumed innocent is beside the point, and so is the contention
that the crimes of homicide and attempted homicide do not involve moral turpitude.
The important consideration is that he had a duty to inform the appointing authority
and the SC to determine on the basis of his record his eligibility for the position he
was seeking. (Office of the Court Administrator vs. Estacion, Jr., 181 SCRA 33, Jan.
11, 1990).
Q - Why should a judge regulate his extrajudicialactivities?
ANS. -Judges are enjoined not only to regulate their extrajudicial activities in order to
minimize the risk of conflict with their judicial duties but also prohibited from
engaging in the private practice of law. (Balayan vs. Ocampo, 218 SCRA 13, Jan. 29,
1993).
Q - May a judge issue a subpoena to a person whohas no case in his sala? Why?
ANS. -No. In the absence of a case in his sala in connection with which a party could be
subpoenaed, a judge has absolutely no power or authority to issue a subpoena to
such party.
The judge, in using a subpoena form for criminal cases to summon a party
________________________________________________________________
upon the request of another who had no case before his court, invited legitimate
criticism against his office as an instrument of oppression. His act constitutes
ignorance of the law and oppression which should warrant disciplinary sanction.
(Caamic vs. Galapon, Jr., 56 SCAD 14, 237 SCRA 390, October 7, 1994).
Q - Maya judge meet one of the parties i;n a case inside his chambers without the
other party and meddle with the issues confronting the parties on the pretext of
settling it? Why?
ANS. -No. In the absence of their lawyers, a judge ought not to meddle in issues
confronting the parties even on the pretext of settling their cases as such act
would compromise the integrity of his office. Judges are cautioned to avoid in-
chamber sessions without the other party and his counsel present, and to observe
prudence at all times in their conduct to the end that they not only act impartially
and with propriety but are also perceived to be impartial and proper.
The act of a judge in meeting with complainants without the presence of

counsel and warning them not to tell anyone, and demanding money under the
guise of forging peace between the parties constitutes grave misconduct. (Capuno
vs. Jaramillo, Jr., 53 SCAD 329, 234 SCRA 212, July 20, 1994).
Q - Maya judge solemnize marriage without marriage license? Why?

ANS .- No. For solemnizing marriages even without the requisite marriage license, a
judge is deemed to have actually trifled with the law's concern for the institution of
marriage and the legal effects flowing from civil status, which should merit
administrative sanction, without prejudice to the civil and criminalliabilities he may
have incurred as well. (Cosca vs. Palaypayon, Jr., 55 SCAD 759,237 SCRA 249, Sept.
30, 1994).
Q - During the incumbency of a judge, he sent out handbills indicating his

intention to run for a congressional seat. Was the act of the judge proper?
Why?
ANS. -No. A judge acted improperly when he sent out letters/handbills manifesting his
intention to run as a congressional candidate while still the incumbent judge
and prior to the commencement of the campaign period. He took advantage
of his position to boost his candidacy, demeaned the stature of his office and
must be pronounced guilty of gross misconduct. (Vistan vs. Nicolas, 201
SCRA 524, Sept. 13, 1991).
Q - Should a judge report to his office even if he has no hearings? Why?
ANS. -Yes. A judge must report to his office even if he has no hearings on regular days.
The law regulating court sessions does not permit any "day off' from regular office
hours to enable the judge to engage exclusively in research or decision-making, no
________________________________________________________________
matter how important. (Mendoza vs. Mabutas, 42 SCAD 423, 225 SCRA 411, June 17,
1993).
Q - A judge used his chambers as his family's residence. Was the
ANS. -No. A judge cannot use his chambers as his family's residence even with the
Governor's permission. Government property is for official use only and not for the
personal use of the official. (Presado vs. Geova, 42 SCAD 507, 223 SCRA 489, June
21, 1993). Court rooms cannot be used as judge's living quarters. (Felongco vs.
Dictado, 42 SCAD 700, 223 SCRA 696).
Q - If the order of a judge was questioned before a higher court, should he appear
personally to seek a reversal of the order that is unfavorable to his action? Why?
ANS. -No. The judge whose order is under attack is merely a nominal party.
Wherefore, a judge, in his official capacity should not be made to appear as a
party seeking reversal of a decision that is unfavorable to the action taken by him.
A decent regard for the judicial hierarchy bars a judge from suing against the
adverse opinion of a higher court. (Santiago vs. CA, 184 SCRA 690, April 27,
1990).
Q - The judge failed to render judgment in a case within the reglementary
period. His reason is the failure of the stenographer to transcribe the notes.
Was the contention proper?
ANS. - No. A delay in the transcription of stenographic notes cannot be
considered a valid reason for the delay in rendering judgment in a case. With
or without the transcribed stenographic notes, the 90-day period for deciding
cases should be adhered to. (Balagot vs. Opinion, 195 SCRA 429, March 20,
1991).
In one case, the Supreme Court said that the failure to decide a case
particularly one involving a simple violation of the Bouncing Checks Law for
over five years is an inordinate amount of procrastination tantamount to gross
negligence. It is not enough for judges to pen their decisions; it is also
important to promulgate and make them known to all concerned at the
earliest possible time and within the mandated period. (Soyangco vs.
Maglalang, 196 SCRA 5, April
19, 1991).
Q - Describe the power of courts to cite persons in contempt.
ANS. -The power to declare a person in contempt of court and in dealing with him
accordingly is an inherent power lodged in courts of justice to be used as a means to
protect and preserve the dignity of the court, the solemnity of the proceedings
therein and the administration of justice from callous misbehavior, offensive
personalities, and contumacious refusal to comply with court orders.
________________________________________________________________
And as in all other power of the court, the contempt power, however, plenary
it may seem, must be exercised judiciously and sparingly.
Clearly then, judges are enjoined to exercise utmost restraint in the use of
their contempt powers. They are expected to avail of the contempt power only as a
last resort when all other alternative courses of action are exhausted in the pursuit of
maintaining respect to the court and its processes. Thus, when a less harsh remedy
presents itself to the judge, he should at all times hesitate to use his contempt power,
and instead opt for the less harsh remedy. (De Guia vs. Guerrero, Jr., 54 SCAD 1,234
SCRA 625, August 1, 1994).
Q - Is "immorality" as a ground for imposition of ad. ministrative sanctions

limited to illicit sexual intercourse alone?
ANS. -No. Immorality has not been confined to sexual matters, but inCludes
conduct inconsistent with rectitude, or indicative of corruption, indecency,
depravity, and dissoluteness; or is willful, flagrant or shameless conduct showing
moral indifference to opinions of respectable members of the community, and as
inconsiderate attitude toward good order and public welfare. (Black's Law
Dictionary, Sixth ed., 1990, 751; cited in Alfonso vs. Judge Juanson, Adm. Matter No.
RTJ-92-904, Dec. 7, 1993,46 SCAD 603).
For, it has been held that there is no dichotomy of morality; a public official is
also judged by his private morals. The Code of Judicial Ethics dictates that a judge,
in order to promote public confidence in the integrity and impartiality of the
judiciary, must behave with propriety at all times. A judge's official life can not
simply be detached or separated from his personal existence. (Junio vs. Rivera Jr., 44
SCAD 308, 225 SCRA 688, Aug. 30, 1993).
In Sicat vs. Alcantara, et al., 161 SCRA 284, May 11, 1988, wherein the
respondent judge was chargedwith immorality for having an illicit affair with a
married female court employee, the Supreme Court declared:
"The personal and official actuations of every member of the Bench must be beyond
reproach and above suspicion. The faith and confidence of the public in the administration of
justice cannot be maintained if a judge who dispenses it is not equipped with the cardinal
judicial virtue of moral integrity, and if he obtusely continues to commit an affront to public
decency. In fact, moral integrity is more than a virtue; it is a necessity in the Judiciary."
In another case where a municipal judge was charged with having illicit
relations with a concubine under scandalous circumstances, it was stated that if
good moral character is required of a lawyer, with more reason should that
requirement be exacted of a member of the Judiciary who at all times is expected to
observe irreproachable behavior and is bound not to outrage public decency. Thus,
even as an ordinary lawyer, a judge has to conform to the strict standards of conduct
________________________________________________________________
demanded of members of the profession. Definitely, fathering a child with a woman
other than his lawful wife fails to meet these standards. A judge suffers from moral
obtuseness or has a weird notion of morality in public office when he labors under
the delusion that he can be a judge and at the same time have a mistress in defiance
of the mores and sense of morality of the community. (lmbing vs. Tiongson, 48
SCAD 101,229 SCRA 690, Feb. 7, 1994).
Q - Explain the basic reason for disqualification of judges.

ANS. - The underlying reason for the Rule on Disqualification of Judges under Sec. 1,
Rule 137, Rules of Court, is to ensure that a judge, sitting in a case, will at all
times be free from inclinations or prejudices and be well capable to render a just
and independent judgment. A litigant, we often hear, is entitled to nothing less
than the cold neutrality of a judge. Due process requires it. Indeed, he not only
must be able to so act without bias but should even appear to be so. Impartiality
is a state of mind; hence, the need for some kind of manifestation of its reality.
Verily, a judge may, in the exercise of his sound discretion, inhibit himself
voluntarily from sitting in a case, but it should be based on good, sound or ethical
grounds, or for just and valid reasons. It is not enough that a party throws some
tenuous allegations of partiality at the judge. No less than imperative is that it is the
judge's sacred duty to administer justice without fear or favor. (Parayno vs.
Meneses, 50 SCAD 170,231 SCRA 807, April 26, 1994).
Q - Why should a judge who is related to a party in a case pending in his sala
disqualify himself?
ANS. - The rule of compulsory disqualification of a judge to hear a case where the
judge is related to either party within the sixth degree of consanguinity or
affinity rests on the salutary principle that no judge should preside in a case in
which he is not wholly free, disinterested, impartial and independent. A judge
has both the duty of rendering a just decision and the duty of doing it in a
manner completely free from suspicion as to its fairness and as to his integrity.
The law conclusively presumes that a judge cannot objectively or impartially sit
in such a case and, for that reason, prohibits him and strikes at his authority to
hear and decide it, in the absence of written consent of all parties concerned. The
purpose is to preserve the people's faith and confidence in the courts of justice.
(Garcia vs. Dela Peiia, 48 SCAD 171, 229 SCRA 766).
Q - The respondent was charged with immorality and violation of the Code of
Judicial Ethics. The acts were allegedly committed when he was still a
practitioner. The complainant alleged that respondent had carnal knowledge with
his wife in at least five (5) occasions without specifying the dates. In fact, his wife
allegedly admitted having sexual intercourse with him. Now that he is a judge,
can he be removed for those acts he committed when he was still a practitioner?
Explain.
ANS. -No, for the acts were done before he became a judge. Proof of prior
immoral conduct cannot be the basis for his administrative discipline. The
________________________________________________________________
respondent may have undergone moral reformation after his appointment, or his
appointment could have completely transformed him upon the solemn
realization that apublic office is a public trust and public officers and employees
must at all times be accountable to the people, serve them with utmost
responsibility, integrity, loyalty and efficiency, act with patriotism and justice,
and lead modest lives. (Section 1, Article XI,1987 Constitution). It would be
unreasonable and unfair to presume that since he had wandered from the path of
moral righteousness, he could never retrace his steps and walk proud and tall
again in the path. No man is beyond reformation and redemption. A lawyer who
aspires for the exalted position of a magistrate knows, or ought to know, that he
must pay a high price for the honor - his private and official conduct must at all
times be free from the appearance of impropriety. (Jagueta vs. Boncaros, 60 SCRA
27 [1974]). And the lawyer who is thereafter appointed thereto must perforce be
presumed to have solemnly bound himself to a way of conduct free from any hint
or suspicion of impropriety. The imputation of illicit sexual acts upon the
incumbent judge must be proven by substantial evidence, which is the quantum
of proof required in administrative cases. (Alfonso vs. Judge Modesto Luanson,
Dec. 7, 1993,46 SCAD 603).
Q - Judge Enrique A. Cube was, on May 31, 1993 appointed Presiding Judge of
Metropolitan Trial Court, Branch 22, Manila. Subsequently, information was
received by the Judicial and Bar Council that he was previously dismissed in 1972 as
Assistant Fiscal of Pasay City for gross misconduct and dereliction of duty for failure
to prosecute a criminal case which led to its dismissal with prejudice.
Cube applied for appointment to the Judiciary sometime in 1992. In the
Personal Data Sheet he was required to accomplish, one of the questions asked
was: "Have you ever been retired, dismissed, forced to resign from any em-
ployment for reason other than lack of funds or dropped from the rolls? His
answer was "Optional under RA 1145."
RA 1145 is entitled "An Act Creating the Philippine Coconut Administration..."
and does not deal with retirement, optional or otherwise. Cube's Services Record
made no mention of his having been employed in this agency.
Cube explained that his removal in 1972 was WITHOUT PREJUDICE. He was in
fact appointed to a municipal government position.
ANS. - YES Can he be dismissed? Why?
The circumstance that his dismissal was without prejudice is not material, and neither
is his subsequent appointment to a municipal position. What is important is his non-
disclosure or concealment of the fact that in 1972, he was REMOVED as Asst. Fiscal.
That fact was deliberately suppressed. He did not retire, as he declared in his data
sheet. He was removed for gross misconduct and dereliction of duty in the
prosecution of a smuggling case.
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"It behooves every prospective appointee to the judiciary to apprise the appointing
authority of every matter bearing on his fitness for judicial office, including such
circumstances as may reflect on his integrity and probity. These are qualifications specifically
required by the Constitution."
The fact alone of his concealment of his previous dismissal from the public
service, which the Judicial and Bar Council would have taken into consideration in
acting on his application, is clear proof of his lack of the said qualifications and
renders him unworthy to sit as judge.
Judge Cube committed an act of dishonesty that rendered him unfit to be
appointed to, and to remain now in, the Judiciary, he has tarnished with his false-
hood. He was DISMISSED with prejudice to his reappointment to any position in
the government, including government-owned or -controlled corporations, and with
forfeiture of all retirement benefits. (Re: Inquiry on the Appointment of Judge
Enrique A. Cube, AM No. 93-7-4280 METC, Oct. 13, 1993, 45 SCAD 301).
Q - A 14-year old girl, Cristina Junio filed with the Provincial Prosecutor's office a
complaint for acts of lasciviousness against Judge Rivera of Alaminos,
Pangasinan. The investigating officer recommended that the judge be absolved
of the administrative case. Is the recommendation proper? Why?
ANS. - No. In dismissing the Judge, the Supreme Court said that exacting standards of
morality and decency from those who serve in the judiciary have been set. A
member of the judiciary is judged not only by his official acts but also by his
private morals, to the extent that such private morals are externalized in his
behavior. The judge failed to measure up to those demanding standards. He was
found guilty of gross misconduct and conduct prejudicial to the interest of the
judiciary. (Junio vs. Judge Pedro Rivera, Aug. 30, 1993).
Q - Provincial Prosecutor G. Olarte filed an information for murder against F. Banite

withoutrecommendation for bail in the sala of Judge Tarriela, presiding judge
Branch 44 RTC of Mamburao, Occidental Mindoro. On January 3, 1992, the
accused was arraigned where he pleaded not guilty. However, on January 18, 1992,
prosecutor Olarte amended the informa tion against Banite without leave of court
to homicide and recommended a bail of P20,OOO.OO. Judge Tarriela ordered
Olarte to explain his action. Thereafter, on February 4, 1992, Mrs. Zubiri,
supervising steno-reporter of the provincial prosecutor on orders of Olarte went to
Judge Aguilar herein respondent, who was then the executive and presiding
judge of Branch 45 RTC of San Jose, Occidental Mindoro, to request for the
release of the accused Banite on bail. On the same day, Judge Aguilar signed and
issued the order approving the property bond and the release of the accused on
bail.
Complainants herein charged respondent judge with grave abuse of discretion,
since the case was being tried in the sala of Judge Tarriela. Is the judge guilty of abuse
of authority? Why?
________________________________________________________________
ANS. -Yes. Respondent Judge is guilty of grave abuse of authority. The case was filed in
Branch 44, hence, respondent judge who presides in Branch 45, had no power to act
on the request to release on bail accused Banite. It was irregular for respondent
judge to entertain the request considering that it did not appear that a formal motion
had been filed by the accused to that effect.
Respondent judge should endeavor at all times to maintain the confidence
and high respect accorded to those who wield the gavel of justice. Circular No. 13
enjoins judges to conduct themselves strictly in accordance with the mandate of
existing laws and the code of judicial conduct that they be exemplars in their
communities and the living personification of justice and the rule of law.
Respondent judge's action shows such lack of familiarity with the laws, rules
and regulations as to undermine the public confidence in the integrity of our courts.
Moreover, the record does not show that at that time respondent judge
ordered Banite's release, judge Tarriela was absent or unavailable and could not
have acted on the request. (Cuaresma vs. Judge Aguilar, Sept. 3, 1993, 44 SCAD 451).
Q - Hermina Alvos, claiming to be the niece of Paz Ramirez, surviving spouse

of the late Ambrocio Pingco, filed with the RTC a petition for settlement of the
estate of Ambrocio. Respondent Judge appointed Alvos as special administrator.
Counsel for Alvos filed an urgent motion stating that parcels of land
belonging to Ambrocio and his wife were sold to complainant Uy and
requested the Court to direct the Register of Deeds to freeze any transaction
without the signature of Alvos involving said properties and later requested
the titles issued to Uy be cancelled. Respondent Judge ordered the cancellation
and reinstatement of the names of the spouses Ambrocio and Paz. Uy filed
with the CA a petition to annul the order with a prayer for a temporary
restraining order to prevent the judge from further proceeding against him.
Despite the decision of CA and the pendency of the petition for review to
SC, respondent judge continued issuing various orders resulting in the
issuance of new titles to the properties in the name of persons stated in the
project of partition to the damage and prejudice of complainant. Furthermore,
even after the SC had affirmed the ruling of the CA that respondent judge has
no jurisdiction to entertssain further proceedings concerning the ownership of
the properties, respondent judge still in an attempt to defeat the proscription
imposed by the higher judicial authority, issued orders approving the sale of
the properties to the further prejudice of' the complainants, hence, this com-
plaint against Judge Capulong. Is the judge guilty? Why?
ANS. - Yes. The actuation of respondent judge clearly stressed her blatant dis
obedience to the lawful orders of superior courts and belie any claims that she
rendered the erroneous orders in good faith as would excuse her from
administrative liability.
________________________________________________________________
Time and time again the Supreme Court emphasized that the judge is the
visible representation of law and justice from whom the people draw their will and
awareness to obey the law. For the judge to return that regard, the latter must be the
first to abide by the law and weave an example for the others to follow. The judge
should be studiously careful to avoid even the slightest infraction to the law. To
fulfill this mission, the judge should keep abreast of the law, the rulings and
doctrines of the Supreme Court. If the judge is already aware of them, the latter
should not deliberately refrain from applying them; otherwise, such omission can
never be excused. (Uy vs. Capulong, AM No. RTJ -91-766, April 7, 1993)
Q - The accused was the brother-in-law of the judge being the husband of her
sister. She did not inhibit herself. A judgment acquitting the accused was
rendered. Is the actuation of the judge correct or proper? Why?
ANS. - No, the judge violated and deliberately disregarded Rule 3.12(d), Canon 3 of
the Code of Judicial conduct considering that the accused is her brother-in-
law and did not obtain the consent of the parties. She even interceded to
obtain settlement, hence, bias was then present on her part, thereby
necessarily blinding her impartiality and irreparably affecting the cold neu-
trality she is supposed to possess. She should have voluntarily disqualified
herself.
She may not be liable for rendering unjust judgment, but may only be
guilty of gross ignorance of the law. (Ubarra vs. Judge Mapalad, March 22,
1993).
Q - Alisangco bought a stolen carabao. A complaint was filed for the violation
of No. 1612 (which the respondent Judge erroneously claim to be the Anti-
Cattle Rustling Law of 1979 when in reality, it is the Anti-Fencing Law of
1979)against complainant Alisangco as one of the accused. Consequently,
Judge Tabiliran immediately issued a warrant for Alisangco's arrest
without first determining his participation in the offense charged and set
the bond at P20,OOO.OO. Alisangco posted cash bond after which he was
served with a subpoena directing him to appear for arraignment and
preliminary investigation. On such date, Alisangco no longer appeared
because he had earlier filed a waiver of his right to a preliminary
investigation. In view of his non-appearance, Judge Tabiliran issued an
order to arrest Alisangco and requiring the latter to show cause why his
bond should not be confiscated. Before the arrest could be effected, the
latter's counsel intervened by filing a motion to lift the order of arrest. The
respondent Judge, however, had not acted on the said motion. Hence, this
complaint for grave abuse of authority, ignorance of the law and conduct
unbecoming of a presiding judge. Decide.
ANS. -Considering that the MTC only had preliminary jurisdiction over the case,
the respondent judge did not have any authority to set the case for arraignment.
All it could do was to calendar the same for preliminary investigation. There is
________________________________________________________________
no law or rule requiring an arraignment during the preliminary investigation.
The arraignment must be conducted by the court having jurisdiction to try the
case on its merits. Thus, in this case, the RTC has exclusive original jurisdiction
by reason of the prescribed penalty. Hence, respondent Judge in this case did not
know the proper procedure on the matter or simply chose to ignore the same.
It was duly proven that the waiver of preliminary investigation was filed
by the complainant. Respondent judge exhibited ignorance of procedural law or
plainly abused his authority when he issued a warrant for the arrest of the
complainant and ordered the latter to show cause why his bond should not be
confiscated. Even if the waiver was not seen by him because it was not attached
to the expediente of the case, the most that the court could have done from the
complainant's failure to appear was to consider him as having waived his right
to a preliminary investigation or declare such preliminary investigation closed
and terminated as to him. It is settled that even if an accused had expressed his
desire to be given an opportunity to be present at the preliminary investigation,
but later changed his mind and renounced his right, he cannot be compelled to
be present in the said investigation, (Alisangco vs. Judge Tabiliran, June 30, 1993,
42 SCAD 797).
Q - State Prosecutor Zuno filed an administrative complaint against Judge

Dizon for gross ignorance of the law because he acquitted the defendants
in four cases of illegal possession of firearms. Judge Dizon anchored his
decision on the case of People vs. Asuncion, 161 SCRA 490, which ruled
that the prosecution must show that other than mere possession of an unli-
censed firearm, the perpetrator had the intent to use the same. However,
said ruling finds no application in the said cases. The rule steadfastly laid
down in cases of illegal possession of firearms is that mere possession is
sufficient to warrant conviction. The offense is covered by special law and
is malum prohibitum; hence, intent to use is not an ingredient of the crime
and need not therefore be alleged in the information. The commission of
the act being prohibited by reason of public policy, it suffices that the
prohibited article be found in the possession of the accused, it not being
necessary to allege or prove intent to use.
At the investigation, it was found that Judge Dizon's erroneous
adherence to the ruling in People VB. Asuncion showed his ignorance of the
history and development of the firearm law; and that he failed to ascertain
first if the facts of the cases he relied upon are similar to the four criminal
cases filed by State Prosecutor Zuno. Is Judge Dizon guilty of gross
incompetence, gross ignorance of the law and of knowingly rendering
incorrect judgment? Why?
ANS. -Yes. In dismissing him, the Supreme Court said that Judge Dizon is once
more before the Supreme Court to answer charges, which are practically a
repetition of an earlier case against him. As before, he stubbornly insists that
________________________________________________________________
malice or criminal intent should be proved even in crimes punished by special
laws or laws which are mala prohibita. The Supreme Court found him guilty of
having acted with gross incompetence and gross ignorance of the law, as to be
almost deliberate and tantamount to knowingly rendering incorrect and unjust
judgment. (Article 204, RPC).
A judge should be the embodiment of competence, integrity and
competence. In every case, he should endeavor diligently to ascertain the facts and
the applicable law answered by partisan interests, public opinion or fear of criticism.
When it has been clearly demonstrated, as in this case, not only once but four times,
that the judge is either grossly incompetent or grossly ignorant of the penal laws
especially those involving crimes committed by transients, like smuggling of foreign
currency and firearms, through the international airport in Pasay City, where his
court sits, he becomes unfit to discharge his judicial office. More than mere igno-
rance of applicable laws and jurisprudence, his intransigence and persistence in
error will make people lose their faith in him as an administrator of justice. Having
lost his right to be addressed by the respectful appellation of "Honorable Judge" he
has likewise lost his right to continue in the judicial service. (Senior State Prosecutor
Zuno vs. Judge Dizon, June 23, 1993, 42 SCAD 601).
Q - The judge in an ejectment suit rendered a judgment, the dispositive portion of

which reads:
"Wherefore, in view of the foregoing considerations, it is hereby respectfully

Prayed that judgment be rendered in accordance with the plaintiff's prayer in
their complaint in the above-entitled case."
In a petition for certiorari, the Court declared it void. But respondent judge
changed
and amended his earlier decision ordering the defendants to vacate the
premises, hence, the complaint for gross ignorance of the law and in-
competence. Will the complaint prosper? Why?
ANS. -Yes. A judge should exhibit an industry and application commensurate with
the duties imposed upon him and he should be conscientious, studious and thor-
ough. He did not only issue a manifestly void decision, he even granted the motion
for its execution and issued the corresponding writ with full knowledge that there
was nothing to execute; exhibiting once more his inefficiency, carelessness,
negligence or even his incompetence. (Santos vs. Judge Orlando Paguio, Nov. 16,
1993, 46 SCAD 295).
Q - After due notice and hearing and upon the filing of a bond, the MTCC
of Tangub City then presided over by Judge Salvanera directed the defendants
to vacate the fishpond in question and restore the possession to Nique. The
defendants filed a motion to lift the restraining order but the court maintained
________________________________________________________________
it. They filed a second motion for reconsideration and Judge Salvanera lifted
the restraining order and delivered the possession of the property to them.
Consequently, Nique filed a petition for certiorari in the CA to annul
Judge Salvanera's order. The CA referred the case to the RTC which has
concurrent jurisdiction over the case. The RTC set aside Judge Salvanera's
order and directed him to reinstate the writ of preliminary mandatory
injunction and restore the petitioner in the peaceful possession and occupation
of the fishpond.
After the RTC decision had become final and executory, Nique filed a
motion for execution. The motion was heard by Judge Zapatos who had
succeeded Judge Salvanera. The defendants filed a motion to lift the
preliminary injunction but opposed by Nique. However, Judge Zapatos
denied the motion for execution and dissolved the writ of preliminary manda-
tory in junction, which the RTC had ordered to be reinstated. Hence, this
complaint filed by Nique against Zapatos charging him with gross ignorance
of the law and failure to perform an act which he had been directed to do. On
theother hand, Judge Zapatos contended that he is authorized under Sees. 6
and 7, Rule 58 of Rules of Court to dissolve an injunction reinstated by the
RTC since it appeared that after the injunction was issued, there was a change
in the situation of the parties and that a writ of preliminary mandatory
injunction is an interlocutory order that remains at all times within the control
of the court that issued it before final judgment on the merits of the case. Is the
judge guilty? Why?
ANS. -Yes, because a judge occupying a court that is lower in rank than the
RTC, owes respect to the latter and is bound by the disposition or decision of
said appellate court upon a petition for review of an order issued by him. His act
of reversing the final judgment of the RTC instead of complying with his
mandatory and ministerial duty of executing the same, is the height of audacity,
arrogance and presumption on his part for if the decision of the RTC was
unacceptable to the defendants, their remedy was to appeal it to a higher court.
Having failed to do that, they, as well as the lower court, were bound by the
judgment. There was no avoiding compliance with it for the execution of a final
judgment is a ministerial duty of the trial court. (Nique vs. Zapatos, A.M. No.
MTJ-92-655, March 1993).
Q - The judge admitted that during days he had no hearings, he stayed at his
house to make some research, resolve motions, make decisions. Anyway, his
house was near the court, so he can be easily reached. Is the act of the judge
proper? Why?
ANS. -No, because a judge must report to his office even if he has no hearing on
regular days. In Circular No. 13 dated 1 July 1987, the Supreme Court stressed the
need for punctuality and the faithful observance of office hours, with Judges
being enjoined to strictly observe the requirement of eight (8) hours of service a
________________________________________________________________
day. This was reiterated in Administrative Circular No.1 of 28 January 1988. Also
under the Interim Rules Implementing Batas Pambansa BIg. 129, Judges of the
Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial
Courts are required, on a rotation basis to report on Saturdays from 8:00 a.m. to
1:00 p.m. primarily to act on petitions for bail and similar matters, while all
Executive Judges, whether in single or multiple salas, are mandated to remain on
duty on Saturday afternoons.
In Ubaldino A. Lacuron vs. Judge Pablo Atienza (Adm. Matter No. RTJ-90-
456, 14 January 1992), it was said that the law regulating court sessions does not
permit any "day off' from regular office hours to enable a judge to engage exclusively
in research or decision-writing, no matter how important. In Siasico vs. Sales (71
SCRA 139, 146 [1976]), the Supreme Court stated:
"Reasons of public policy, the preservation of the good image of the judiciary, and
avoidance of all appearances of impropriety, require that a judge should hold office at the
regular place of business of the court and not at his residence. A judge holding office in his
house makes criticism that his official actuation cannot bear public scrutiny, more
particularly of his co-officials in the local government. All these would have deterred
respondent from the course of action he had taken had he possessed some sense of decorum
and good judgment." (Mendoza vs. Judge Rodolfo Mabutas, June 17, 1993,42 SCAD 423).
Q - An ejectment suit was filed. A judgment was rendered; the writ of

execution was issued after five (5) years. Furthermore, the movant was not a party;
nor even a substituted party. Is the judge guilty of impropriety? Why?
ANS. -Yes, because a judge's official conduct should be free from the
appearance of impropriety, in his personal behavior, not only upon the bench
and in the performance of judicial duties, but also his everyday life, should be
beyond reproach, and he should administer his office with due regard to the
integrity of the system of the law itself, remembering that he is not a
depository of arbitrary power, but a judge under the sanction of law. (Canons
3 and 18, Code of Judicial Ethics).
The movant had not yet been substituted as a party; the writ of
demolition was issued despite the fact that his court ceased to have authority
to enforce the decision by motion. The least explanation is that, he was
unaware of the Rules. If he was cognizant of said rules, then he deliberately
ignored them to extend benefit to a party who happened to be his compadre.
In such a case, he allowed a relationship to influence his action to the
prejudice of the complainant. (Vda. De Coronel vs. Judge Danan, et al., Aug.
9, 1993, 43 SCAD 926).
Q - Who has the power to investigate a judge who falsified his certificate of
service?
________________________________________________________________
ANS. The Supreme Court in Maceda vs. Vasquez, et al., G.R. No. 102781,
April 22, 1993, held that the power to investigate a complaint against a
judgess for alleged falsification of his certification of service is lodged in the
Supreme Court, thru the Court Administrator. The Ombudsman is powerless
to do so under the principle of separation of powers.
If it is a criminal case, the Ombudsman has the power to investigate the
judge.
Q - A judge acquitted the accused in a case for violation of the Central

Bank Act because intent to violate the law was not proven. He repeated the
same mistake in another case for violation of another special law
specifically the attempt to
smuggle firearms into and out of the country. He was removed twice.
Explain the reason.
ANS. -The reason for such dismissal twice could be traced from the fact that
such mistake cannot be ascribed to a simple mistake of judgment but to gross
ignorance of the law, if not deliberate disregard of the same. It is tantamount
to knowingly rendering unjust and incorrect judgment. A judge should be the
embodiment of competence, integrity and independence. He should be
faithful to the law and maintain professional competence. (Padilla vs. Dizon,
158 SCRA 127; Senior State Prosecutor Jovencito Zunio, Jr. vs. Dizon, June 23,
1993, 42 SCAD 601).
Republic of the Philippines

Supreme Court
Manila
EN BANC
A.M. No. 02-8-13-SC
2004 Rules on Notarial Practice

________________________________________________________________
RESOLUTION
Acting on the compliance dated 05 July 2004 and on the proposed Rules on Notarial
Practice of 2004 Submitted by the Sub-Committee for the Study, Drafting and Formulation
of the Rules Governing the Appointment of Notaries Public and the Performance and
Exercise of Their Official Functions, of the Committees on Revision of the Rules of Court
and on Legal Education and Bar Matters, the Court Resolved to APPROVE the proposed
Rules on Notarial Practice of 2004, with modifications, thus:
2004 RULES ON NOTARIAL PRACTICE
RULE I
IMPLEMENTATION
SECTION 1. Title. - These Rules shall be known as the 2004 Rules on Notarial
Practice.
SEC. 2. Purposes. - These Rules shall be applied and construed to advance the
following purposes:
(a) to promote, serve, and protect public interest;

(b) to simplify, clarify, and modernize the rules governing notaries public;
and
(c) to foster ethical conduct among notaries public.
SEC. 3. Interpretation. - Unless the context of these Rules otherwise indicates, words
in the singular include the plural, and words in the plural include the singular.
RULE II
DEFINITIONS
SECTION 1. Acknowledgment. - "Acknowledgment" refers to an act in which an

individual on a single occasion:
(a) appears in person before the notary public and presents an integrally
complete instrument or document;
(b) is attested to be personally known to the notary public or identified by the
notary public through competent evidence of identity as defined by these
Rules; and
________________________________________________________________
(c) represents to the notary public that the signature on the instrument or
document was voluntarily affixed by him for the purposes stated in the
instrument or document, declares that he has executed the instrument or
document as his free and voluntary act and deed, and, if he acts in a
particular representative capacity, that he has the authority to sign in that
capacity.
SEC. 2. Affirmation or Oath. - The term "Affirmation" or "Oath" refers to an act in

which an individual on a single occasion:
(a) appears in person before the notary public;
(b) is personally known to the notary public or identified by the notary public
through competent evidence of identity as defined by these Rules; and
(c) avows under penalty of law to the whole truth of the contents of the
instrument or document.
SEC. 3. Commission. - "Commission" refers to the grant of authority to perform

notarial acts and to the written evidence of the authority.
SEC. 4. Copy Certification. - "Copy Certification" refers to a notarial act in which a

notary public:
(a) is presented with an instrument or document that is neither a vital record,

a public record, nor publicly recordable;
(b) copies or supervises the copying of the instrument or document;
(c) compares the instrument or document with the copy; and
(d) determines that the copy is accurate and complete.
SEC. 5. Notarial Register. - "Notarial Register" refers to a permanently bound book

with numbered pages containing a chronological record of notarial acts performed
by a notary public.
SEC. 6. Jurat. - "Jurat" refers to an act in which an individual on a single occasion:
(a) appears in person before the notary public and presents an instrument or
document;
through competent evidence of identity as defined by these Rules;
(c) signs the instrument or document in the presence of the notary; and
(d) takes an oath or affirmation before the notary public as to such instrument
or document.
SEC. 7. Notarial Act and Notarization. - "Notarial Act" and "Notarization" refer to
any act that a notary public is empowered to perform under these Rules.
________________________________________________________________
SEC. 8. Notarial Certificate. - "Notarial Certificate" refers to the part of, or
attachment to, a notarized instrument or document that is completed by the notary
public, bears the notary's signature and seal, and states the facts attested to by the
notary public in a particular notarization as provided for by these Rules.
SEC. 9. Notary Public and Notary. - "Notary Public" and "Notary" refer to any
person commissioned to perform official acts under these Rules.
SEC. 10. Principal. - "Principal" refers to a person appearing before the notary public
whose act is the subject of notarization.
SEC. 11. Regular Place of Work or Business. - The term "regular place of work or
business" refers to a stationary office in the city or province wherein the notary
public renders legal and notarial services.
SEC. 12. Competent Evidence of Identity. - The phrase “competent evidence of

identity" refers to the identification of an individual based on:
(a) at least one current identification document issued by an official agency

bearing the photograph and signature of the individual;
(b) the oath or affirmation of one credible witness not privy to the instrument,
document or transaction who is personally known to the notary public
and who 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 identification.
SEC. 13. Official Seal or Seal. - "Official seal" or "Seal" refers to a device for affixing a
mark, image or impression on all papers officially signed by the notary public
conforming the requisites prescribed by these Rules.
SEC. 14. Signature Witnessing. - The term "signature witnessing" refers to a notarial
act in which an individual on a single occasion.
(a) appears in person before the notary public and presents an instrument or
document;
through competent evidence of identity as defined by these Rules; and
(c) signs the instrument or document in the presence of the notary public.
SEC. 15. Court. - "Court" refers to the Supreme Court of the Philippines.
SEC. 16. Petitioner. - "Petitioner" refers to a person who applies for a notarial
commission.
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SEC. 17. Office of the Court Administrator. - "Office of the Court Administrator"
refers to the Office of the Court Administrator of the Supreme Court.
SEC. 18. Executive Judge. - "Executive Judge" refers to the Executive Judge of the
Regional Trial Court of a city or province who issues a notarial commission.
SEC. 19. Vendor. - "Vendor" under these Rules refers to a seller of a notarial seal and
shall include a wholesaler or retailer.
SEC. 20. Manufacturer. - "Manufacturer" under these Rules refers to one who
produces a notarial seal and shall include an engraver and seal maker.
RULE III
COMMISSIONING OF NOTARY PUBLIC
SECTION 1. Qualifications. - A notarial commission may be issued by an

Executive Judge to any qualified person who submits a petition in accordance with
these Rules.
To be eligible for commissioning as notary public, the petitioner:
(1) must be a citizen of the Philippines;

(2) must be over twenty-one (21) years of age;
(3) must be a resident in the Philippines for at least one (1) year and
maintains a regular place of work or business in the city or province
where the commission is to be issued;
(4) must be a member of the Philippine Bar in good standing with clearances
from the Office of the Bar Confidant of the Supreme Court and the
Integrated Bar of the Philippines; and
(5) must not have been convicted in the first instance of any crime involving
moral turpitude.
SEC. 2. Form of the Petition and Supporting Documents. - Every petition for a
notarial commission shall be in writing, verified, and shall include the following:
(a) a statement containing the petitioner's personal qualifications, including

the petitioner's date of birth, residence, telephone number, professional
tax receipt, roll of attorney's number and IBP membership number;
(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
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Philippines where he is applying for commission;
(c) proof of payment for the filing of the petition as required by these Rules;
and
(d) three (3) passport-size color photographs with light background taken
within thirty (30) days of the application. The photograph should not be
retouched. The petitioner shall sign his name at the bottom part of the
photographs.
SEC. 3. Application Fee. - Every petitioner for a notarial commission shall pay the
application fee as prescribed in the Rules of Court.
SEC. 4. Summary Hearing on the Petition. - The Executive Judge shall conduct a
summary hearing on the petition and shall grant the same if:
(a) the petition is sufficient in form and substance;

(b) the petitioner proves the allegations contained in the petition; and
(c) the petitioner establishes to the satisfaction of tile Executive Judge that he
has read and fully understood these Rules.
The Executive Judge shall forthwith issue a commission and a Certificate of

Authorization to Purchase a Notarial Seal in favor of the petitioner.
SEC. 5. Notice of Summary Hearing.
(a) The notice of summary hearing shall be published in a newspaper of

general circulation in the city or province where the hearing shall be
conducted and posted in a conspicuous place in the offices of the
Executive Judge and of the Clerk of Court. The cost of the publication
shall be borne by the petitioner. The notice may include more than one
petitioner.
(b) The notice shall be substantially in the following form:
NOTICE OF HEARING
Notice is hereby given that a summary hearing on the petition for

notarial commission of (name of petitioner) shall be held on (date) at
(place) at (time). Any person who has any cause or reason to object to
the grant of the petition may file a verified written opposition thereto,
received by the undersigned before the date of the summary hearing.
________________________________________________________________
Executive Judge
SEC. 6. Opposition to Petition. - Any person who has any cause or reason to object to
the grant of the petition may file a verified written opposition thereto. The
opposition must be received by the Executive Judge before the date of the summary
hearing.
SEC. 7. Form of Notarial Commission. - The commissioning of a notary public shall

be in a formal order signed by the Executive Judge substantially in the following
form:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF -------------------
This is to certify that (name of notary public) of (regular place of work or

business) in (city or province) was on this (date) day of (month) two
thousand and (year) commissioned by the undersigned as a notary public,
within and for the said jurisdiction, for a term ending the thirty-first day of
December (year).
________________________
Executive Judge
SEC. 8. Period Of Validity of Certificate of Authorization to Purchase a Notarial Seal.

- The Certificate of Authorization to Purchase a Notarial Seal shall be valid for a
period of three (3) months from date of issue, unless extended by the Executive
Judge.
A mark, image or impression of the seal that may be purchased by the notary public
pursuant to the Certificate shall be presented to the Executive Judge for approval
prior to use.
SEC. 9. Form of Certificate of Authorization to Purchase a Notarial Seal. - The

Certificate of Authorization to Purchase a Notarial Seal shall substantially be in the
following form:
REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF ____________
CERTIFICATE OF AUTHORIZATION TO PURCHASE A NOTARIAL

________________________________________________________________
SEAL:
This is to authorize (name of notary public) of (city or province) who was

commissioned by the undersigned as a notary public, within and for the
said jurisdiction, for a term ending, the thirty-first of December (year) to
purchase a notarial seal.
Issued this (day) of (month) (year).

______________________
Executive Judge
SEC. 10. Official Seal of Notary Public. - Every person commissioned as notary
public shall have only one official seal of office in accordance with these Rules.
SEC. 11. Jurisdiction and Term. - A person commissioned as notary public may
perform notarial acts in any place within the territorial jurisdiction of the
commissioning court for a period of two (2) years commencing the first day of
January of the year in which the commissioning is made, unless earlier revoked or
the notary public has resigned under these Rules and the Rules of Court.
SEC. 12. Register of Notaries Public. - The Executive Judge shall keep and maintain a
Register of Notaries Public in his jurisdiction which shall contain, among others, the
dates of issuance or revocation or suspension of notarial commissions, and the
resignation or death of notaries public. Tile Executive Judge shall furnish the Office
of the Court Administrator information and data recorded in the register of notaries
public. The Office of the Court Administrator shall keep a permanent, complete and
updated database of such records.
SEC. 13. Renewal of Commission. - A notary public may file a written application
with the Executive Judge for the renewal of his commission within forty-five (45)
days before the expiration thereof. A mark, image or impression of the seal of the
notary public shall be attached to the application.
Failure to file said application will result in the deletion of the name of the notary
public in the register of notaries public.
The notary public thus removed from the Register of Notaries Public may only be
reinstated therein after he is issued a new commission in accordance with these
Rules.
SEC. 14. Action on Application for Renewal of Commission. - The Executive Judge
shall, upon payment of the application fee mentioned in Section 3 above of this Rule,
act on an application for the renewal of a commission within thirty (30) days from
receipt thereof. If the application is denied, the Executive Judge shall state the
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reasons therefor.
RULE IV
POWERS AND LIMITATIONS OF NOT ARIES PUBLIC
SECTION 1. Powers. - (a) A notary public is empowered to perform the following

notarial acts:
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessings;
(5) copy certifications; and
(6) any other act authorized by these Rules.
(b) A notary public is authorized to certify the affixing of a signature by thumb or

other mark on an instrument or document presented for notarization if:
(1) the thumb or other mark is affixed in the presence of the notary public
and of two (2) disinterested and unaffected witnesses to the instrument or
document;
(2) both witnesses sign their own names in addition to the thumb or other
mark;
(3) the notary public writes below the thumb or other mark: "Thumb or Other
Mark affixed by (name of signatory by mark) in the presence of (names
and addresses of witnesses) and undersigned notary public"; and
(4) the notary public notarizes the signature by thumb or other mark through
an acknowledgment, jurat, or signature witnessing.
(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:
(1) the notary public is directed by the person unable to sign or make a mark
to sign on his behalf;
(2) the signature of the notary public is affixed in the presence of two
disinterested and unaffected witnesses to the instrument or document;
(3) both witnesses sign their own names;
(4) the notary public writes below this signature: "Signature affixed by notary
in presence of (names and addresses of person and two [2] witnesses)";
and
(5) the notary public notarizes his signature by acknowledgment or jurat.
SEC. 2. Prohibitions. - (a) A notary public shall not perform a notarial act outside his
________________________________________________________________
regular place of work or business; provided, however, that on certain exceptional
occasions or situations, a notarial act may be performed at the request of the parties
in the following sites located within his territorial jurisdiction:
(1) public offices, convention halls, and similar places where oaths of office
may be administered;
(2) public function areas in hotels and similar places for the signing of
instruments or documents requiring notarization;
(3) hospitals and other medical institutions where a party to an instrument or
document is confined for treatment; and
(4) any place where a party to an instrument or document requiring
notarization is under detention.
(b) A person shall not perform a notarial act if the person involved as -
signatory to the instrument or document –
(1) is not in the notary's presence personally at the time of the notarization;
and
(2) is not personally known to the notary public or otherwise identified by the
notary public through competent evidence of identity as defined by these
Rules.
SEC. 3. Disqualifications. - A notary public is disqualified from performing

a notarial act if he:
(a) is a party to the instrument or document that is to be notarized;

(b) will receive, as a direct or indirect result, any commission, fee, advantage,
right, title, interest, cash, property, or other consideration, except as
provided by these Rules and by law; or
(c) is a spouse, common-law partner, ancestor, descendant, or relative by
affinity or consanguinity of tile principal within the fourth civil degree.
SEC. 4. Refusal to Notarize. - A notary public shall not perform any notarial
act described in these Rules for any person requesting such an act even if he
tenders the appropriate fee specified by these Rules if:
(a) the notary knows or has good reason to believe that the notarial act or
transaction is unlawful or immoral;
(b) the signatory shows a demeanor which engenders in the mind of the
notary public reasonable doubt as to the former's knowledge of the
consequences of the transaction requiring a notarial act; and
(c) in the notary's judgment, the signatory is not acting of his or her own free
will.
SEC. 5. False or Incomplete Certificate. - A notary public shall not:

(a) execute a certificate containing information known or believed by the
________________________________________________________________
notary to be false.
(b) affix an official signature or seal on a notarial certificate that is
incomplete.
SEC. 6. Improper Instruments or Documents. - A notary public shall not notarize:
(a) a blank or incomplete instrument or document;

(b) an instrument or document without appropriate notarial certification.
RULE V
FEES OF NOTARY PUBLIC
SECTION 1. Imposition and Waiver of Fees. - For performing a notarial act, a

notary public may charge the maximum fee as prescribed by the supreme Court
unless he waives the fee in whole or in part.
SEC. 2. Travel Fees and Expenses. - A notary public may charge travel fees and
expenses separate and apart from the notarial fees prescribed in the preceding
section when traveling to perform a notarial act if the notary public and the person
requesting the notarial act agree prior to the travel.
SEC. 3. Prohibited Fees. - No fee or compensation of any kind, except those

expressly prescribed and allowed herein, shall be collected or received for any
notarial service.
SEC. 4. Payment or Refund of Fees. - A notary public shall not require payment of
any fees specified herein prior to the performance of a notarial act unless otherwise
agreed upon.
Any travel fees and expenses paid to a notary public prior to the performance of a
notarial act are not subject to refund if the notary public had already traveled but
failed to complete in whole or in part the notarial act for reasons beyond his control
and without negligence on his part.
SEC. 5. Notice of Fees. - A notary public who charges a fee for notarial services shall
issue a receipt registered with the Bureau of Intemal Revenue and keep a journal of
notarial fees. He shall enter in the journal all fees charged for services rendered.
A notary public shall post in a conspicuous place in his office a complete schedule of
chargeable notarial fees.
________________________________________________________________
RULE VI
NOTARIAL REGISTER
SECTION 1. Form of Notarial Register. - (a) A notary public shall keep, maintain,
protect and provide for lawful inspection as provided in these Rules, a chronological
official notarial register of notarial acts consisting of a permanently bound book with
numbered pages.
The register shall be kept in books to be furnished by the Solicitor General to any
notary public upon request and upon payment of the cost thereof. The register shall
be duly paged, and on the first page, the Solicitor General shall certify the number of
pages of which the book consists.
For purposes of this provision, a Memorandum of Agreement or Understanding

may be entered into by the Office of the Solicitor General and the Office of the Court
Administrator.
(b) A notary public shall keep only one active notarial register at any given time.
SEC. 2. Entries in the Notarial Register. - (a) For every notarial act, the notary shall
record in the notarial register at the time of notarization the following:
(1) the entry number and page number;

(2) the date and time of day of the notarial act;
(3) the type of notarial act;
(4) the title or description of the instrument, document or proceeding;
(5) the name and address of each principal;
(6) the competent evidence of identity as defined by these Rules if the
signatory is not personally known to the notary
(7) the name and address of each credible witness swearing to or affirming
the person's identity;
(8) the fee charged for the notarial act;
(9) the address where the notarization was performed if not in the notary's
regular place of work or business; and
(10) any other circumstance the notary public may deem of significance or
relevance.
(b) A notary public shall record in the notarial register the reasons and
circumstances for not completing a notarial act.
(c) A notary public shall record in the notarial register the circumstances of any
________________________________________________________________
request to inspect or copy an entry in the notarial register, including the requester's
name, address, signature, thumbmark or other recognized identifier, and evidence
of identity. The reasons for refusal to allow inspection or copying of a journal entry
shall also be recorded.
(d) When the instrument or document is a contract, the notary public shall keep an
original copy thereof as part of his records and enter in said records a brief
description of the substance thereof and shall give to each entry a consecutive
number, beginning with number one in each calendar year. He shall also retain a
duplicate original copy for the Clerk of Court.
(e) The notary public shall give to each instrument or document executed, sworn to,
or acknowledged before him a number corresponding to the one in his register, and
shall also state on the instrument or document the pages of his register on which the
same is recorded. No blank line shall be left between entries.
(f) In case of a protest of any draft, bill of exchange or promissory note, the notary
public shall make a full and true record of all proceedings in relation thereto and
shall note therein whether the demand for the sum of money was made, by whom,
when, and where; whether he presented such draft, bill or note; whether notices
were given, to whom and in what manner; where the same was made, when and to
whom and where directed; and of every other fact touching the same.
(g) At the end of each week, the notary public shall certify in his notarial register the
number of instruments or documents executed, sworn to, acknowledged, or
protested before him; or if none, this certificate shall show this fact.
(h) A certified copy of each month's entries and a duplicate original copy of any
instrument acknowledged before the notary public shall, within the first ten (10)
days of the month following, be forwarded to the Clerk of Court and shall be under
the responsibility of such officer. 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.
SEC. 3. Signatures and Thumbmarks. - At the time of notarization, the notary's

notarial register shall be signed or a thumb or other mark affixed by each:
(a) principal;
(b) credible witness swearing or affirming to the identity of a principal; and
(c) witness to a signature by thumb or other mark, or to a signing by the
notary public on behalf of a person physically unable to sign.
SEC. 4. Inspection, Copying and Disposal. - (a) In the notary's presence, any person
may inspect an entry in the notarial register, during regular business hours,
provided;
________________________________________________________________
(1) the person's identity is personally known to the notary public or proven
through competent evidence of identity as defined in these Rules;
(2) the person affixes a signature and thumb or other mark or other
recognized identifier, in the notarial register in a separate, dated entry;
(3) the person specifies the month, year, type of instrument or document, and
name of the principal in the notarial act or acts sought; and
(4) the person is shown only the entry or entries specified by him.
(b) The notarial register may be examined by a law enforcement officer in the course
of an official investigation or by virtue of a court order.
(c) If the notary public has a reasonable ground to believe that a person has a
criminal intent or wrongful motive in requesting information from the notarial
register, the notary shall deny access to any entry or entries therein.
SEC. 5. Loss, Destruction or Damage of Notarial Register. - (a) In case the notarial
register is stolen, lost, destroyed, damaged, or otherwise rendered unusable or
illegible as a record of notarial acts, the notary public shall, within ten (10) days after
informing the appropriate law enforcement agency in the case of theft or vandalism,
notify the Executive Judge by any means providing a proper receipt or
acknowledgment, including registered mail and also provide a copy or number of
any pertinent police report.
(b) Upon revocation or expiration of a notarial commission, or death of the notary

public, the notarial register and notarial records shall immediately be delivered to
the office of the Executive Judge.
SEC. 6. Issuance of Certified True Copies. - The notary public shall supply a certified
true copy of the notarial record, or any part thereof, to any person applying for such
copy upon payment of the legal fees.
RULE VII
SIGNA TURE AND SEAL OF NOTARY PUBLIC
SECTION 1. Official Signature. - In notarizing a paper instrument or document, a

notary public shall:
(a) sign by hand on the notarial certificate only the name indicated and as
appearing on the notary's commission shall:
(b) not sign using a facsimile stamp or printing device; and
(c) affix his official signature only at the time the notarial act is performed.
________________________________________________________________
SEC. 2. Official Seal. - (a) Every person commissioned as notary public shall have a
seal of office, to be procured at his own expense, which shall not be possessed or
owned by any other person. It shall be of metal, circular in shape, two inches in
diameter, and shall have the name of the city or province and the word "Philippines"
and his own name on the margin and the roll of attorney's number on the face
thereof, with the words "notary public" across the center. A mark, image or
impression of such seal shall be made directly on the paper or parchment on which
the writing appears.
(b) The official seal shall be affixed only at the time the notarial act is performed and
shall be clearly impressed by the notary public on every page of the instrument or
document notarized.
(c) When not in use, the official seal shall be kept safe and secure and shall be
accessible only to the notary public or the person duly authorized by him.
(d) Within five (5) days after the official seal of a notary public is stolen, lost,
damaged or other otherwise rendered unserviceable in affixing a legible image, the
notary public, after informing the appropriate law enforcement agency, shall notify
the Executive Judge in writing, providing proper receipt or acknowledgment,
including registered mail, and in the event of a crime committed, provide a copy or
entry number of the appropriate police record. Upon receipt of such notice. if found
in order by the Executive Judge, the latter shall order the notary public to cause
notice of such loss or damage to be published, once a week for three (3) consecutive
weeks, in a newspaper of general circulation in the city or province where the notary
public is commissioned. Thereafter. the Executive Judge shall issue to the notary
public a new Certificate of Authorization to Purchase a Notarial Seal.
(e) Within five (5) days after the death or resignation of the notary public, or the
revocation or expiration of a notarial commission, the official seal shall be
surrendered to the Executive Judge and shall be destroyed or defaced in public
during office hours. In the event that the missing, lost or damaged seal is later found
or surrendered, it shall be delivered by the notary public to the Executive Judge to
be disposed of in accordance with this section. Failure to effect such surrender shall
constitute contempt of court. In the event of death of the notary public, the person in
possession of the official seal shall have the duty to surrender it to the Executive
Judge.
SEC. 3. Seal Image. - The notary public shall affix a single, clear, legible, permanent,
and photographically reproducible mark, image or impression of the official seal
beside his signature on the notarial certificate of a paper instrument or document.
SEC. 4. Obtaining and Providing Seal. - (a) A vendor or manufacturer of notarial

seals may not sell said product without a written authorization from the Executive
________________________________________________________________
Judge.
(b) Upon written application and after payment of the application fee, the Executive
Judge may issue an authorization to sell to a vendor or manufacturer of notarial
seals after verification and investigation of the latter's qualifications. The Executive
Judge shall charge an authorization fee in the amount of PhP 4,000 for the vendor
and PhP 8,000 for the manufacturer. If a manufacturer is also a vendor, he shall only
pay the manufacturer's authorization fee.
(c) The authorization shall be in effect for a period of four (4) years from the date of
its issuance and may be renewed by the Executive Judge for a similar period upon
payment of the authorization fee mentioned in the preceding paragraph.
(d) A vendor or manufacturer shall not sell a seal to a buyer except upon submission
of a certified copy of the commission and the Certificate of Authorization to
Purchase a Notarial Seal issued by the Executive Judge. A notary public obtaining a
new seal as a result of change of name shall present to the vendor or manufacturer a
certified copy of the Confirmation of the Change of Name issued by the Executive
Judge.
(e) Only one seal may be sold by a vendor or manufacturer for each Certificate of
Authorization to Purchase a Notarial Seal.
(f) After the sale, the vendor or manufacturer shall affix a mark, image or impression
of the seal to the Certificate of 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 of the vendor or manufacturer for four (4) years after the sale.
(g) A notary public obtaining a new seal as a result of change of name shall present
to the vendor a certified copy of the order confirming the change of name issued by
the Executive Judge.
RULE VIII
NOTARIAL CERTIFICA TES
SECTION 1. Form of Notarial Certificate. - The notarial form used for any notarial
instrument or document shall conform to all the requisites prescribed herein, the
Rules of Court and all other provisions of issuances by the Supreme Court and in
applicable laws.
SEC. 2. Contents of the Concluding Part of the Notarial Certificate. – The notarial
________________________________________________________________
certificate shall include the following:
(a) the name of the notary public as exactly indicated in the commission;
(b) the serial number of the commission of the notary public; (c) the words
"Notary Public" and the province or city where the notary public is
commissioned, the expiration date of the commission, the office address of
the notary public; and (d) the roll of attorney's number, the professional
tax receipt number and the place and date of issuance thereof, and the IBP
membership number.
RULE IX
CERTIFICA TE OF AUTHORITY OF NOTARIES PUBLIC
SECTION 1. Certificate of Authority for a Notarial Act. - A certificate of authority

evidencing the authenticity of the official seal and signature of a notary public shall
be issued by the Executive Judge upon request in substantially the following form:
CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT
I, (name, title, jurisdiction of the Executive Judge), certify that (name of

notary public), the person named in the seal and signature on the attached
document, is a Notary Public in and for the (City/Municipality/Province)
of the Republic of the Philippines and authorized to act as such at the time
of the document's notarization.
IN WITNESS WHEREOF, I have affixed below my signature and seal of

this office this (date) day of (month) (year).
_________________
(official signature)
(seal of Executive Judge)
RULE X
CHANGES OF STATUS OF NOTARY PUBLIC
SECTION 1. Change of Name and Address.
Within ten (10) days after the change of name of the notary public by court
order or by marriage, or after ceasing to maintain the regular place of work or
________________________________________________________________
business, the notary public shall submit a signed and dated notice of such fact
to the Executive Judge.
The notary public shall not notarize until:
(a) he receives from the Executive Judge a confirmation of the new

name of the notary public and/or change of regular place of work
or business; and
(b) a new seal bearing the new name has been obtained.
The foregoing notwithstanding, until the aforementioned steps have been

completed, the notary public may continue to use the former name or regular place
of work or business in performing notarial acts for three (3) months from the date of
the change, which may be extended once for valid and just cause by the Executive
Judge for another period not exceeding three (3) months.
SEC. 2. Resignation. - A notary public may resign his commission by personally

submitting a written, dated and signed formal notice to the Executive Judge together
with his notarial seal, notarial register and records. Effective from the date indicated
in the notice, he shall immediately cease to perform notarial acts. In the event of his
incapacity to personally appear, the submission of the notice may be performed by
his duly authorized representative.
SEC. 3. Publication of Resignation. - 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 resigned
their notarial commissions and the effective dates of their resignation.
RULE XI
REVOCA T/ON OF COMMISSION AND DISCIPLINARY SANCTIONS
SECTION 1. Revocation and Administrative Sanctions. - (a) The Executive Judge

shall revoke a notarial commission for any ground on which an application for a
commission may be denied.
(b) In addition, the Executive Judge may revoke the commission of, or
impose appropriate administrative sanctions upon, any notary public who:
(1) fails to keep a notarial register;

(2) fails to make the proper entry or entries in his notarial register concerning
his notarial acts;
(3) fails to send the copy of the entries to the Executive Judge within the first
ten (10) days of the month following;
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(4) fails to affix to acknowledgments the date of expiration of his commission;
(5) fails to submit his notarial register, when filled, to the Executive Judge;
(6) fails to make his report, within a reasonable time, to the Executive Judge
concerning the performance of his duties, as may be required by the
judge;
(7) fails to require the presence of a principal at the time of the notarial act;
(8) fails to identify a principal on the basis of personal knowledge or
competent evidence;
(9) executes a false or incomplete certificate under Section 5, Rule IV;
(10) knowingly performs or fails to perform any other act prohibited or
mandated by these Rules; and
(11) commits any other dereliction or act which in the judgment of the
Executive Judge constitutes good cause for revocation of commission or
imposition of administrative sanction.
(c) Upon verified complaint by an interested, affected or aggrieved person, the

notary public shall be required to file a verified answer to the complaint. If the
answer of the notary public is not satisfactory, the Executive Judge shall conduct a
summary hearing. if the allegations of the complaint are not proven, the complaint
shall be dismissed. If the charges are duly established, the Executive Judge shall
impose the appropriate administrative sanctions. in either case, the aggrieved party
may appeal the decision to the Supreme Court for review. Pending the appeal, an
order imposing disciplinary sanctions shall be immediately executory, unless
otherwise ordered by the Supreme Court.
(d) The Executive Judge may motu proprio initiate administrative proceedings
against a notary public, subject to the procedures prescribed in paragraph (c) above
and impose the appropriate administrative sanctions on the grounds mentioned in
the preceding paragraphs (a) and (b).
SEC. 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.
SEC. 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.
SEC. 4. Death of Notary Public. - If a notary public dies before fulfilling the
obligations in Section 4(e), 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 ott1erwise 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.
SEC 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.
SEC. 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.

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FOR PRIVATE AND PERSONAL USE ONLY 1

State the significance of legal ethics.

Original Bases of Legal Ethics:

1. Canons of Professional Ethics

Present Basis of the Philippine Legal System : Code of Professional Responsibility.

Bar vs. Bench

Attorney In fact - an agent whose authority is strictly limited by the instrument

Counsel de Oficio - a counsel, appointed or assigned by the court, from among

Of Counsel - to distinguish them from attorneys of record, associate attorneys are

Bar Association - an association of members of the legal profession.

Barrister' (England) - a person entitled to practice law as an advocate or counsel in

Proctor (England) - Formerly, an attorney in the admiralty and ecclesiastical courts

ADMISSION TO THE PRACTICE OF LAW

See. 5. The Supreme Court shall have the following powers:

The Bar Examination Committee:

Requirements for admission to the Bar:

1. Citizen of the Philippines

Requirement of Good Moral Character: a continuing requirement; good moral

Academic Requirements for Candidates:

1. A bachelor's degree in arts and sciences (pre-law course)

Non-lawyers who may be authorized to appear in court:

Public officials with Restrictions in the Practice of Law

“I,___________________, do solemnly swear that I will maintain allegiance

Nature of Lawyer’s Oath

State the concept of attorney's fee.

Attorney's fee is the reasonable compensation paid to a

Define contingent fee.

Define contingent fee contract.

Q -May a lawyer in a probate case which was dismissed appeal the

-No. If the probate of a will is dismissed, the lawyer cannot appeal to

Q -Is a contract between a lawyer and his client stipulating a contingent

Q -A lawyer whose services were engaged on a contingency basis was

-An attorney hired on a contingent basis and whose services were

Q -When may a lawyer validly advance the expenses of litigation?

-A lawyer may in good faith advance the expenses of litigation provided

Q- -What is the nature of a charging lien?

A charging lien, to be enforceable as security for the payment of attorney's

Q - What court has jurisdiction over an enforceable charging lien?

-An enforceable charging lien, duly recorded, is within the jurisdiction of

Q -How may a lawyer assert his claim for attorney's fees?

Q - How may a petition for the recovery of attorney's fees be established?

Q- How do you consider a contract for the payment of attorney's fees?

Q- May an executor or administrator recover attorney's fees for his services to

Q. If the individual heirs in an estate proceedings hired their own lawyers, is

An award of attorney's fees as an item of damages is the exception rather than

Q - When is the principle of quantum meruit applied?

Q - May a lawyer be entitled to compensation for services he rendered?

-Yes. A lawyer has a right to recover from his client a reasonable

Q - What are the requirements before a lawyer maybe entitled to

- The requirements are:

Q -Who may not charge attorney's fees?

- The following may not charge attorney's fees:

Q - How may a lawyer enforce his claim for attorney's fees?

- He may do either of two (2) things:

Q - A is the lawyer of B. During the pendency of the case, A wants to file a

Q - What does it mean when a lawyer exercises his retaining lien?

Q - When shall a retaining lien end?

-It ends when the possession lawfully ends.

- The requirements of a charging lien are:

Q - State the effects of a charging lien.

Q - Give the basic requirement for the validity of an award of attorney's

-An award of attorney's fees in the form of damages to be paid by the

Q -Is a government-owned or -controlled corporation represented by