LEGAL
2019 PURPLE
LAWYER’S OATH
I, ________, do solemnly swear that I
will maintain allegiance to the Republic of
the Philippines, I will support the
Constitution and obey the laws as well as
the legal orders of the duly constituted
authorities therein; I will do no
falsehood, nor consent to the doing of
any in court; I will not wittingly or
willingly promote or sue any groundless,
false or unlawful suit, or give aid nor
consent to the same; I will delay no man
for money or malice, and will conduct
myself as a lawyer according to the best
of my knowledge and discretion, with all
good fidelity as well to the courts as to
my clients; and I impose upon myself
these voluntary obligations without any
mental reservation or purpose of evasion.
So help me God.
I. LEGAL ETHICS
The branch of moral science which treats of the
duties which a lawyer owes to the court, his
client, his colleagues in the profession and to
the public (Malcom, Legal and Jucidial Ethics, 1949).
A. PRACTICE OF LAW
(Rule 138 Revised Rules of Court in the Philippines,
See Annex A for the full text)
1. Concept
a. Definition of the 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 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, G.R.
No. 100113, September 3, 1991).
ETHICS ERATION
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The term practice of law implies
customarily
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or habitually holding
oneself out to the public as a lawyer for
compensation as a source of livelihood or in
consideration of his services. Holding one’s
self out as a lawyer may be shown by acts
indicative of that purpose, such as
identifying oneself as attorney, appearing in
court in representation of a client, or
associating oneself as a partner of a law
office for the general practice of law (Atty.
Noe-Lacsamana vs. Atty. Busmente, A.C. No.
7269, November 23, 2011).
The practice of law is not limited to the
conduct of cases or litigation in court;
it embraces the preparation of pleadings
and other papers incident to actions
and special proceedings, the
management of such actions and
proceedings on behalf of clients before
judges and courts, and in addition,
conveyancing.
In general, all advice to clients, and all
action taken for them in matters connected
with the law xxx (Aguirre vs. Rana, B. M. No.
1036. June 10, 2003).
Appearing as his own attorney is not
“practice of law”
 In appearing for herself, complainant was
not customarily or habitually holding
herself out to the public as a lawyer.
Neither was she demanding payment for
such services. Hence, she cannot be said to
be in the practice of law (Maderada vs. Judge
Mediodea, A.M. No. MTJ-02-1459, October 14,
2003).
b. Practice of law is a privilege, not a
right
 It is worth stressing that the practice of law
is not a right but a privilege bestowed by
the State upon those who show that they
possess, and continue to possess, the
qualifications required by law for the
conferment of such privilege (Alcantara vs.
Vera, A.C. 5859, November 23, 2010).
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A bar candidate does not acquire the right to
practice law simply by passing the bar
examinations. The practice of law is a
privilege that can be withheld even from one
who has passed the bar examinations, if
the person seeking admission had practiced law
without a license (Escraela vs. Pangalangan, A.C.
No. 10676, September 8, 2015).
Privileges of a lawyer:
1. To practice law during good behavior
before any judicial, quasi-judicial or
administrative tribunal,
2. To be the first to sit in judgment on
every case, to set judicial machinery in
motion;
3. To enjoy the presumption of regularity;
4. To consider his statements, if relevant,
pertinent or material to the subject of
judicial inquiry, absolutely privileged
regardless of their defamatory tenor and of
the presence of malice;
5. To make his passing the bar examination
equivalent to a first grade civil service
eligibility for any position in the classified
service in the government the duties of
which require knowledge of law; and
6. To make his success in the bar examination
a second grade civil service eligibility
for any other government position which
does not prescribe proficiency in law as a
qualification (Agpalo, Legal and Judicial Ethics,
2009 ed, pp. 8-10).
c. Law is a profession, not a business or
trade
The practice of law is intimately and
peculiarly related to the administration of
justice and should not be considered like an
ordinary money-making trade. It is of the
essence of a profession that it is practiced in a
spirit of public service. A trade aims primarily
at personal gain; a profession at the exercise
of powers beneficial to mankind (Petition For
Authority to Continue use of the Firm Name “Sycip,
Salazar, Feliciano, Hernandez & Castillo”, In the
Matter of the Petition for Authority to Continue Use of
the Firm Name “Ozaeta, Romulo, De Leon, Mabanta
& Reyes”, July 30, 1979).
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 Lawyers should not advertise their talents as
merchants advertise their wares. To allow a
lawyer to advertise his talent or skill is to
commercialize the practice of law, degrade
the profession in the public’s estimation and
impair its ability to efficiently render that
high character of service to which every
member of the bar is called (Linsangan vs.
Tolentino, A.C. 6672, September 4, 2009).
Note: A partnership for the practice of law
cannot be likened to partnerships formed by
other professionals or for business. For one
thing, the law on accountancy specifically allows
the use of a trade name in connection with the
practice of accountancy. A partnership for the
practice of law is not a legal entity. It is
merely a relationship or association for a
particular purpose. It is not a partnership
formed for the purpose of carrying on
trade or business or of holding property
(Petition For Authority to Continue use of the Firm
Name “Sycip, Salazar, Feliciano, Hernandez &
Castillo”, In the Matter of the Petition for Authority to
Continue Use of the Firm Name “Ozaeta, Romulo, De
Leon, Mabanta & Reyes”, July 30, 1979).
1. Primary characteristics of law
profession distinguishing from business:
1. Duty of public service of which
emolument is a by-product, and in which
one may attain the highest eminence
without making much money;
2. Relation as officer of the court to the
administration of justice involving thorough
sincerity, integrity, and reliability;
3. Relation to client in the highest
degree of fiduciary; and
4. 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 (Agpalo, Legal and Judicial Ethics,
2009 ed, p. 13).
2. Qualifications for admission to the Bar
a. Citizen of the Philippines;
b. At least 21 years of age;

c. Of good moral character;
d. Resident of the Philippines;
e. Must produce before the Supreme Court
satisfactory evidence of good moral
character; and
f. No charges against him, involving
moral turpitude, having been filed or are
pending in any court in the
Philippines (Sec. 2, Rule 138, RRC)
g. Satisfactorily complied the academic
requirements:
i. Pursued and satisfactorily completed
in an authorized and recognized
university or college, requiring
completion of a 4-year high school
course, course of study for a
bachelor’s degree in arts or sciences;
ii. Show that he has regularly studied
law for four years and successfully
completed all prescribed courses, in a
law school (Secs. 5 & 6, Rule 138, RRC).
h. Pass the Bar Examinations (Secs. 7-16,
Rule 138, RRC);
i. Take the Lawyer’s Oath (Sec. 17, Rule 138,
RRC);
j. Certificate of membership given by the
Clerk of Court of the Supreme Court (Sec.
18, Rule 138, RRC);
k. Sign the Roll of Attorneys (Sec. 19, Rule
138, RRC).
Citizen of the Philippines
A Chinese Citizen who has been a practicing
CPA, has exercised the right of suffrage, served
as member of the Sangguniang Bayan, and
passed the Bar Examinations was denied
admission to the Bar when he failed to elect
Philippine Citizenship within a reasonable
period upon reaching the age of majority
under CA 625 (Re: Application For Admission to
the Philippine Bar of Vicente D. Ching, Bar Matter No.
914, October 1, 1999).
 The good moral conduct or character must
be possessed by lawyers at the time of their
application for admission to the Bar, and
must be maintained until retirement from
the practice of law (Advincula vs. Atty.
Advincula, A.C. No. 9226, June 14, 2016).
LEGAL
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ETHICS ERATION
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Moral Turpitude
 Moral Turpitude has been defines as
“everything which is done contrary to
justice, modesty or good morals; an act of
baseness, vileness or depravity in the
private and social duties which a man owes
his fellowmen, or to society in general,
contrary to justice, honesty, modesty or
good morals (Soriano vs. Dizon, A.C. No. 6792,
January 25, 2006).
Present Good Moral Character vis-a-vis
Past Misconduct/Prior Conviction
Under the Rule applicable to Hamm's
application, our concern must be with the
applicant's present moral character. Past
misconduct, however, is not irrelevant.
Rather, it should be determined what past bad
acts reveal about an applicant's current
character.
Although a prior conviction is not conclusive
of a lack of present good moral character,
it adds to his burden of establishing
present good character by requiring
convincing proof of his full and complete
rehabilitation (In re: James Joseph Hamm 123 P.3d
652 [2005]).
Note: A successful bar candidate who was
allowed to sign by the Clerk of the Supreme
Court to sign in the Roll of the Attorney’s but
was unable to take an oath although he has
paid his IBP dues and listed as “qualified voter”
in IBP affairs, cannot be admitted to the
Bar (In re: Elmo S. Abad, B.M. No. 139, March 18,
1983).
 Oath alone will not make a bar passer a
full-pledged member of the bar, he must
also sign the Roll of Attorneys (Aguirre vs.
Rana, B.M. No. 1036, June 10, 2003).
3. Continuing requirements for the
practice of law
a. Good and Regular Standing (Sec. 1, Rule
138, RRC);
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b. Membership in the IBP; accepted by the legal
c. Payment of IBP Dues; clinic of the law school.
d. Payment of Professional Tax; There is really no problem as to the application
e. Compliance with the MCLE; and of Section 34 of Rule 138 and Rule 138-A. In
f. Possession of Good Moral Character. the former, the appearance of a non-lawyer, as
an agent or friend of a party litigant, is expressly
4. Appearance of Non-Lawyers allowed, while the latter rule provides for
conditions when a law student, not as an agent
A. Law student Practice Rule (Rule138-A, or a friend of a party litigant, may appear before
The Revised Rules of Court in the Philippines, the courts.
See Annex B for full text).
 Section 34, Rule 138 is clear that
Conditions for student practice: appearance before the inferior courts by a
non-lawyer is allowed, irrespective of
1. A law student who has successfully whether or not he is a law student. As
completed his 3rd year in law school; succinctly clarified in Bar Matter No. 730, by
2. Currently enrolled in a recognized law virtue of Section 34, Rule 138, a law student
school’s Clinical Legal Education may appear, as an agent or a friend of a
Program approved by the Supreme Court; party litigant, without the supervision of a
3. May appear without compensation in any lawyer before inferior courts (Cruz, vs. Mina,
civil, criminal or administrative case to G.R. No. 154207, April 27, 2007).
represent indigent clients accepted by
 The law practice rule provides that when a
the legal clinic;
law student appears before the court, he is
4. His appearance in court is subject to
subject to the supervision and control of a
supervision and control of a member of
member of IBP. However, such rule shall
IBP duly accredited by the law school; and
not apply if the law student appears as non-
5. Any pleadings, motions, briefs,
lawyer before the inferior courts, provided
memoranda or other papers to be filed
he is an agent or a friend of the party
must be signed by the supervising
litigant as prescribed by Sec. 34, Rule 138 of
attorney (Secs. 1 & 2, Rule 138-A, RRC).
the RRC (Cruz, vs. Mina, G.R. No. 154207, April
Section 34, Rule 138 vis-à-via Rule 138-A 27, 2007).

Threefold Rationale behind the Law

Section 34, Rule 138 Rule 138-A
Student Practice Rule
In the court of a justice A law student who has
of the peace, a party may successfully completed
conduct his litigation in his 3rd year of the 1) To ensure that there will be no
person, with the aid of an regular four-year miscarriage of justice as a result of
agent or friend appointed prescribed law incompetence or inexperience of law
by him for that purpose, curriculum and is students, who, not having as yet passed the
or with the aid of an enrolled in a recognized test of professional competence, are
attorney. law school’s clinical presumably not fully equipped to act a
legal education
counsels on their own;
program approved by
the Supreme Court,
may appear without 2) To provide a mechanism by which the
compensation in any accredited law school clinic may be able to
civil, criminal, or protect itself from any potential
administrative case vicarious liability arising from some
before any trial court, culpable action by their law students; and
tribunal, board or
officer, to represent
indigent clients
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3) To ensure consistency with the
fundamental principle that no person is
allowed to practice a particular profession
without possessing the qualifications,
particularly a license, as required by law.
Law Student Must Be Under the Control
and Supervision of a Member of the IBP
The matter of allowing a law student to appear
before the court unaccompanied by a
supervising lawyer cannot be left to the
discretion of the presiding judge. The rule
clearly states that the appearance of the law
student shall be under the direct control and
supervision of a member of the Integrated Bar
of the Philippines duly accredited by law schools.
The rule must be strictly construed because
public policy demands that legal work should be
entrusted only to those who possess tested
qualifications, are sworn to observe the rules
and ethics of the legal profession and subject to
judicial disciplinary control (Bar Matter No. 730
June 13, 1997).
Direct Supervision
For the guidance of the bench and bar, we hold
that a law student appearing before the
Regional Trial Court under Rule 138-A should at
all times be accompanied by a supervising
lawyer (Bar Matter No. 730, June 13, 1997).
When appearance of a law student in
inferior courts does not require
supervision of lawyer
 For relatively simple litigation before
municipal courts, the Rules still allow a
more educated or capable person in
behalf of a litigant who cannot get a lawyer
(Bulacan v. Torcino, G.R. No. L-44388 January
30, 1985).
The rule, however, is different if the law student
appears before an inferior court, where the
issues and procedure are relatively simple. In
inferior courts, a law student may appear in
his personal capacity without the supervision
of a lawyer (Bar Matter No. 73, June 13, 1997).
LEGAL
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ETHICS ERATION
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A law student may appear before an inferior
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court as an agent or friend of a party without
the supervision of a member of the bar
(Bar Matter No. 730 June 13, 1997).
Supervising lawyer should be the one to
sign the pleadings
Rule 7 (RRC) Section 3. Signature and address.
— Every pleading must be signed by the
party or counsel representing him, stating
in either case his address which should not be a
post office box.
Signing amounts to certification of lawyer
Rule 7 (RRC) Section 3. xxx The signature of
counsel constitutes a certificate 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; and that it is
not interposed for delay.
Effect of unsigned pleadings
Rule 7 (RRC) Section 3. An unsigned pleading
produces no legal effect. However, the court
may, in its discretion, allow such deficiency to
be remedied if it shall appear that the same
was due to mere inadvertence and not
intended for delay. Counsel who deliberately
files an unsigned pleading, xxx, shall be subject
to appropriate disciplinary action. Such
consideration is anchored on the principle that
mere technicalities shall not frustrate the
administration of justice
Can a third-year law student appear as
private prosecutor in a criminal case and
within the jurisdiction of the inferior
court?
 Yes. The petitioner, describing himself as a
third year law student, justifies his
appearance as private prosecutor on the
basis of Section 34 of Rule 138 of the
Rules of Court. The petitioner furthermore
avers that his appearance was with the
prior conformity of the public
prosecutor and a written authority
appointing him to be the agent in the
prosecution of the said criminal case.
Section 34, Rule 138 is clear that
appearance before the inferior courts by a
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non-lawyer is allowed, irrespective of
whether or not he is a law student. As
succinctly clarified in Bar Matter No. 730, by
virtue of Section 34, Rule 138, a law
student may appear, as an agent or a
friend of a party litigant, without the
supervision of a lawyer before inferior courts
(Cruz vs. Mina, G.R. No. 154207, April 27, 2007).
Fiscal’s role when there is a private
prosecutor
 The permission of the fiscal is not
necessary for one to enter his
appearance as private prosecutor. In
the first place, the law does not impose
this condition. What the fiscal can do, if
he wants to handle the case personally is to
disallow the private prosecutor's
participation, whether he be a lawyer or
not, in the trial of the case. On the other
hand, if the fiscal desires the active
participation of the private prosecutor, he
can just manifest to the court that the
private prosecutor, with its approval, will
conduct the prosecution of the case under
his supervision and control (Cantimbuhan vs.
Hon. Cruz, Jr., G.R. No. L-51813-14, November
29, 1983).
B. Non-Lawyers in Courts
1. Cases before the MTC – a party may
conduct his litigation in person, with the aid
of an agent or friend appointed by him (Sec.
34, Rule 138, RRC).
Pleading filed with the MTC being
impugned since it was signed by a non-
member of the bar who designated
himself as “friend counsel” of the
Plaintiff
 As the lower court has cited: "So it has
been held that, where a pleading is not
signed by the attorney as required, but is
verified by the party, substantial rights
have not been affected and the defect
may be disregarded as against a motion
to strike" (Victoriano Bulacan v. Faustino
Torcino and Felipa Torcino, G.R. No. L-44388,
January 30, 1985).
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2. Cases before any other court – a
party may conduct his litigation personally.
If he decides to get a person to aid him,
that someone must be an authorized
member of the Bar.
 If he appears personally, he is bound
by the same rules in conducting the
trial of his case. He cannot, after
judgment, claim he was not properly
represented by counsel (People
v. Sim Ben, 98 Phil. 138, December 20,
1955; Cruz vs. Cabrera, 441 SCRA 211,
October 25, 2004).
3. Criminal case before MTC – in a locality
where a duly licensed member of the Bar is
not available, the judge may appoint a non-
lawyers who is:
a. Resident of the province; and
b. Of good repute for probity and ability to
aid the accused in his defense (Sec. 7,
Rule 116, RRC).
4. For the Government of the
Philippines – any person appointed or
designated in accordance with law to appear
for the Government have all the rights of a
duly authorized member of the bar to
appear in ANY case in which said
government has an interest, direct
or indirect (Sec. 33, Rule 138, RRC).
C. Non-lawyers in Administrative
Tribunals
1. Before the NLRC or any Labor
Arbiter – non-lawyers may appear
if:
a. They represent themselves as party to
the case;
b. They represent a legitimate labor
organization, which is a party to the
case;
c. They represent a member or members
of a legitimate labor organization that is
existing within the employer’s
establishment who are parties to the
case;

d. They are duly accredited members of
any legal aid office duly recognized by
the DOJ, or the IBP in cases referred to
by the latter; and
e. When the non-lawyer is the owner or
president of a corporation or
establishment, which is a party to the
case (Sec. 6 (b), 2011 NLRC Rules of
Procedure).
2. Before the Department of Agrarian
Reform Adjudication Board
(DARAB) – non-lawyers may represent
a party in the said tribunal.
3. Before the Cadastral Court – a non-
lawyer can represent a claimant (Sec. 9,
Act. No. 2259, Cadastral Act).
D. Proceedings where lawyers are
prohibited from appearing
i. No attorney shall appear on behalf of, or
represent a party at the hearing, unless the
attorney is the plaintiff or defendant (Sec.
17, A.M. No. 08-8-7-SC, Rule of Procedure for
Small Claims Cases).
ii. In all Katarungang Pambarangay
Proceedings, the parties must appear in
person without the assistance of counsel or
representative, except for minors and
incompetents who may be assisted by their
next-of-kin who are not lawyers (Sec. 415,
R.A. 7160, LGC).
iii. No Senator or Member of the House of
Representatives may personally appear as
counsel before any court of justice or before
the Electoral Tribunals, or quasi-judicial and
other administrative bodies (Sec. 14, Art VI,
1987 Constitution).
This prohibition is applicable to a court-
martial because the words "any court"
includes the General Court-Martial, and a
court-martial case is a criminal case within
the meaning of the xxx provision of our
Constitution (Marcos and Concordia v. Chief of
Staff 89 Phil. 2Z 00046, May 30, 1951).
1. Before the National Commission on
Indigenous Peoples –
LEGAL
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General Rule -
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Lawyers are prohibited to
appear for any party as counsel.
Exception - When such lawyer is appearing
in his/her capacity as a member of the
council of elders or due to his/ her
obligation as member of the Indigenous
People’s Community or for the purpose of
defending or prosecuting his/ her case (A.O.
No. 1, series of 2003, pursuant to Secs. 44(o)
and 69(a), R.A. 8371, IPRA).
Limitations on Appearance of Non-
Lawyers before the Courts
1. He should confine his work to non-
adversary contentions. He should not
undertake purely legal work such as the
examination or cross-examination of
witnesses or the presentation of
evidence;
2. His services should not be habitually
rendered; and
3. He should not charge or collect
attorney’s fees (PAFLU vs. Binalbagan
Isabela Sugar Co., 42 SCRA 302, November
29. 1971).
5. Sanctions for practice or appearance
without authority
i. Suspension (Agpalo, Legal and Judicial
Ethics, 2009 ed, pp. 54-56);
ii. Administrative complaint against the
erring lawyer or government official;
iii. Contempt of Court (Sec. 21, Rule 138,
RRC; Sec. 3(e), Rule 71, RRC);
iv. Criminal complaint for Estafa, against a
person who falsely represented himself
to be an attorney to the prejudice or
damage of a party (Art. 315, RPC); and
v. Disqualification and complaints for
disbarment.
a. Lawyers without authority
An attorney willfully appearing in court for a
person without being employed, unless by leave
of the court, may be punished for contempt as
an officer of the court who has misbehaved in
his official transaction (Sec. 21, Rule 138, RRC).
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 Attorneys who are suspended or
disbarred but continues to engage in the
practice of law are liable for contempt in
court, punishable by fine or imprisonment or
both upon the discretion of the
court (Beltran vs. Abad, A.M. No. 139, March 28,
1983).
 In addition to contempt, a lawyer may also
be disciplined, suspended or disbarred
for misconduct as an officer of the court, if
in his capacity he makes possible the illegal
practice of law by a layman (People vs. De
Luna, 102 Phil. 968, January 31, 1958).
 Finally, he may find himself administratively
liable for being a government attorney at
the same time engages in the private
practice of law without the written permit
from his immediate superior (Misamin vs. San
Juan, 72 SCRA 491, August 31, 1976).
Intent is necessary to be guilty of
unauthorized practice of law
 In several cases, we have ruled that the
unauthorized practice of law by assuming
to be an attorney and acting as such
without authority constitutes indirect
contempt which is punishable by fine or
imprisonment or both. The liability for the
unauthorized practice of law under Section
3(e), Rule 71 of the Rules of Court is in the
nature of criminal contempt and the
acts are punished because they are an
affront to the dignity and authority of the
court, and obstruct the orderly
administration of justice. In determining
liability for criminal contempt, well-settled is
the rule that intent is a necessary
element, and no one can be punished
unless the evidence makes it clear that
he intended to commit it (Normatan &
Pagayokan vs. Balajadia, G.R. No. 169517,
2006).
What is a lawyer’s proof of authority to
practice of law?
Rule 138 Sec. 18. Certificate. - The Supreme
R.A. 6713).
Court shall thereupon admit the applicant as a
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member of the bar for all the courts of the
Philippines, and shall direct an order to be
entered to that effect upon its records, and that
a certificate of such record be given to him by
the clerk of court, which certificate shall be
his authority to practice.
Certificate of Membership & Certificate of
Membership in Good Standing in IBP
Certificate of Membership in the
Integrated Bar of the Philippines as well as a
Certificate of Membership in Good
Standing with the Quezon City Chapter of the
Integrated Bar of the Philippines do not
constitute his admission to the Philippine
Bar and the right to practice law
thereafter (Re: Elmo Abad, A. M. No. 139 [1983])
[Note: In this case, the respondent had not taken the
lawyer’s oath and signed the Roll).
b. Persons who are not lawyers
Shyster – a non-lawyer pretending to be a
lawyer (Funa, Legal and Judicial Ethics: With Bar
Examination Questions, 2009, p. 120).
6. Public officials and the practice of law
General Rule: Appointment or election of an
attorney to a government office disqualifies him
from engaging in the private practice of law.
a. Prohibition or disqualification
of former government attorneys
A lawyer shall not, after leaving government
service, accept engagement or employment in
connection with any matter in which he had
intervened while in said service (Rule 6.03, Canon
6, CPR).
b. Public officials who cannot practice
law or with restrictions
The law prohibits public officials and employees,
during their incumbency, from engaging in the
private practice of their profession “unless
authorized by the Constitution or law, provided
that such practice will not conflict or tend to
conflict with their official functions” (Sec. 7(b)(2),

Application of Code of Professional
Responsibility on a government lawyer
The Code of Professional Responsibility does not
cease to apply to a lawyer simply because he
has joined the government service. In fact, by
the express provision of Canon 6 thereof, the
rules governing the conduct of lawyers “shall
apply to lawyers in government service in the
discharge of their official tasks.” Thus, where a
lawyer’s misconduct as a government official is
of such nature as to affect his qualification as a
lawyer or to show moral delinquency, then he
may be disciplined as a member of the bar on
such grounds.
 Although the general rule is that a lawyer
who holds a government office may not be
disciplined as a member of the bar for
infractions he committed as a 2. The practice will not conflict, or tend to
government official, he may, however, be
disciplined as a lawyer if his misconduct
constitutes a violation of his oath as
member of the legal profession (Ali vs.
Atty. Bubong, A.C. No. 4018, 2005).
 However, the IBP has no jurisdiction over
government lawyers who are charged with
administrative offenses involving
their official duties. The accountability of
government lawyers as officials performing
or discharging their official duties as lawyers
of the Government is always to be
differentiated from their accountability as
members of the Philippine Bar. The IBP has
no jurisdiction to investigate them as such
lawyers (Trobela vs. Robles, A.C. No. 11550,
June 4, 2018).
Lawyers in government service in the discharge
of their official task have more restrictions
than lawyers in private practice. Want of
moral integrity is to be more severely
condemned in a lawyer who holds a
responsible public office.
 It bears stressing also that government
lawyers who are public servants owe fidelity
to the public service, a public trust. As such,
government lawyers should be more
sensitive to their professional obligations as
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their disreputable conduct is more likely to
COMMISSIONS
be magnified in the public eye (Huyssen v.
Atty. Gutierrez, A.C. No. 6707 [2006]).
General Rule
 Lawyers in government service cannot
handle private cases for they are expected
to devote themselves full-time to the work
of their respective offices (Ramos v. Atty. Jose
R. Imbang, A.C. No. 6788 [2007]).
Exception
As an exception, a public official or employee
can engage in the practice of his or her
profession under the following conditions:
1. The private practice is authorized by the
Constitution or by the law; and
conflict, with his or her official functions.
Public officials who cannot practice law
a. Judges and other officials or employees of
the superior court (Sec. 35, Rule 138, RRC);
b. Officials and employees of the Office of the
Solicitor General;
c. Government prosecutors (People v. Villanueva,
14 SCRA 109, May 27, 1965; Aquino vs. Blanco,
79 Phil. 647, November 28, 1947);
d. President, Vice President, Members of the
Cabinet, their deputies and
assistants (Sec.13, Art. VII, 1987 Constitution);
e. Members of the Constitutional
Commissions (Sec. 2, Art. IX-A, 1987
Constitution);
f. All governors, city and municipal
mayors (Sec. 90 (a), R.A. 7160,
LGC; Javellana vs. Dept. of Interior and Local
Government, 212 SCRA 475, August 10, 1992);
g. Ombudsman and his deputies;
h. Government officials who, by express
mandate of the law, are prohibited from
practicing law, may not, even with the
consent of the department concerned,
engage in the practice of law; but is so
authorized by the department head, he may,
in an isolated case act as counsel for a
relative or close family friend (Noriega
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v. Sison, A.M. No. 2266, October 27, 1983; People
vs. Villanueva, 14 SCRA 109, May 27, 1965); and
i. Civil service officers or employees whose
duties require them to devote their entire
time at the disposal of the
government (Agpalo, Legal and Judicial Ethics,
2009 ed, p. 50).
Public officials who practice law with
restrictions
Some public officials are not absolutely
disqualified to practice law. They are merely
subject to certain restrictions (Pineda, Legal Ethics
Annotated, 2009 ed, p.34).
a. Senators or Members of the House of
Representatives are not allowed to
personally appear before any court of justice
or before the Electoral Tribunals, or quasi-
judicial and other administrative bodies (Sec.
14, Art VI, 1987 Constitution);
 The word “appearance” includes not only
arguing a case before any such body, but
also “by simply filing a formal motion,
plea or answer” in behalf of a
client (Ramos vs. Manalac and Lopez, 89 Phil
27, June 16, 1951).
Neither can he allow his name to appear in
such pleading by itself or as part of a firm
name under the signature of another
qualified lawyer because the signature of an
agent amounts to a signing of a non-qualified
senator or congressman, and he will, by such
act, be appearing before any court, tribunal
or administrative body. “He cannot do
indirectly what the Constitution prohibits
directly” (In re: David, 93 Phil 461, September
30, 1949).
b. Retired Justices or Judges, as provided
by law, the retiree, while receiving pension
from the Government, CANNOT act as
counsel in any civil case in which the
Government or any of its subdivisions or
agencies is the adverse party or in a criminal
case wherein an officer or employee of the
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Government is accused of an offense in
relation to his office (Sec. 1, R.A. 910 as
amended by R.A. 9946);
c. Civil Service officers or
employees whose duty does not require
his entire time to be at the disposal of the
government with the written permit from
the department head concerned (Agpalo,
Legal and Judicial Ethics, 2009 ed, p. 50);
d. Members of the Sanggunian. If the
Sanggunian members are members of the
Bar, they shall not:
1. Appear as counsel before any court in any
civil case wherein a local government unit or
any office, agency or instrumentality of the
government is the adverse party;
2. Appear as counsel in any criminal case
wherein an officer or employee of the
national or local government is accused of
an offense committed in relation to his
office;
3. Collect any fee for their appearance in
administrative proceedings involving the
local government unit of which he is an
official; and
4. Use property and personnel of the
Government except when
the sanggunian member concerned is
defending the interest of the
Government (Sec. 90, R.A. 7160, LGC).
 While certain local elective officials (like
governors, mayors, provincial board
members and councilors) are expressly
subjected to a total or partial proscription to
practice their profession or engage in any
occupation, no such interdiction is made on
the Punong Barangay and the members of
the sangguniang barangay. Expressio unius
est exclusio alterius. Since they are excluded
from any prohibition, the presumption is
that they are allowed to practice their
profession. However, if the said barangay
official is also a lawyer, such lawyer in
government service who is not prohibited to
practice law must secure prior authority
from the head of his Department. And in
such case, he must secure prior written

permission of the Secretary of Interior and
Local Government, as required by Section
12, Rule XVIII of the Revised Civil Service
Rules (Catu vs. Rellosa, A.C. No. 5738, February
19, 2008).
Pro se litigant
 The raison d’etre for allowing litigants to
represent themselves in court will not apply
when a person is already appearing for
another party. Obviously, because she was
already defending the rights of another
person when she appeared for her co-
plaintiff, it cannot be argued that
complainant was merely protecting her
rights. That their rights may be interrelated
will not give complainant authority to appear
in court. The undeniable fact remains that
she and her co-plaintiff are two distinct
individuals. The former may be impairing
the efficiency of public service once she
appears for the latter without permission
from this Court (Maderada v. Judge Mediodea,
A.M. No. MTJ-02-1459. October 14, 2003).
Q: What are the remedies against
unauthorized practice of law?
A: The remedies against unauthorized practices
are:
a. Petition for Injunction;
b. Declaratory Relief;
c. Contempt of Court;
d. Disqualification and complaints for
disbarment; and
e. Criminal complaint for estafa who falsely
represented to be an attorney to the
damaged party.
7. Lawyers who are authorized to
represent government
They are officials or other persons appointed or
designated in accordance with law to appear for
or in behalf of the Government of the Philippines
or any of its officials. They have all the rights of
a duly authorized member of the bar to appear
in any case in which the government has an
interest, direct or indirect, or in which its official
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is charged in his official capacity (Agpalo, Legal
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and Judicial Ethics, 2009 ed, p. 47).
 The Solicitor General is the lawyer of the
Republic and its officials sued in their official
capacity. In view of the many cases
handled, he usually deputizes government
lawyers to represent him in some cases.
When the Solicitor General has deputized a
government lawyer, he remains to be the
principal; hence, the notice of legal
processes on the deputized counsel is not
binding until the notice is actually received
by the Solicitor General (National Power Corp.
vs. NLRC, 272 SCRA 704, May 29, 1997).
 However, if a government agency appears
by its own internal counsel, as its authorized
counsel, the notice to the agency’s counsel
is deemed notice to the Solicitor General
(Agpalo, Legal and Judicial Ethics, 2009 ed., p.
353; Commissioner of Customs vs. Court of Tax
Appeals, 328 SCRA 822, March 27, 2000).
Q: Who are authorized to represent the
government?
A: The following are authorized to represent
the government:
a. Solicitor General;
b. Assistant Solicitor General;
c. Solicitor and Trial Attorney;
d. State Prosecutors and state counsel in
the DOJ;
e. Provincial and city prosecutors and their
assistants and other attorneys in other
legal offices of the government; and
f. Any official or other person appointed or
designated in accordance with law to
appear for the Government of the
Philippines (Sec. 33, Rule 138, Rules of
Court).
Resumption of privilege to practice law in
relation to citizenship
General Rule: The practice of all professions in
the Philippines shall be limited to Filipino
citizens, save in cases prescribed by law (last
paragraph of Sec. 14, Art. XII, 1987 Constitution).
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In relation to the practice of law, the loss of
Filipino citizenship ipso jure terminates the
privilege to practice law in the Philippines. The
practice of law is a privilege denied to
foreigners (In re: Dacanay, B.M. No. 1678,
December 17, 2007).
Exception: It is when Filipino citizenship is lost
by reason of naturalization as a citizen of
another country, but subsequently reacquired
pursuant to R.A. 9225. This is because “all
Philippine citizens who become citizens of
another country shall be deemed not to have
lost their Philippine citizenship under the
conditions of R.A. 9225”.
Although he is deemed to never have
terminated his membership in the Philippine bar,
no automatic right to resume practice of law
accrues. And for a person to practice the legal
profession in the Philippines, after he reacquires
his Filipino citizenship pursuant to the
Citizenship Retention and Re-acquisition Act of
2003, he shall first secure from the Supreme
Court the authority to do so, conditioned on:
a. The updating and payment in full of the
annual membership in the IBP;
b. The payment of professional tax;
c. The completion of at least 36 credit hours of
MCLE. This is specifically significant to
refresh the applicant/ petitioner’s knowledge
of Philippine laws and update him of the legal
development; and
d. The retaking of the lawyer’s oath which will
not only remind him of his duties and
responsibilities as a lawyer and as an officer
of the Court, but also renew his pledge to
maintain allegiance to the Republic of the
Philippines (R.A 9225; In re: Dacanay, B.M. No.
1678, December 17, 2007).
8. Lawyer’s Oath
(a) I, ___________, do solemnly swear that
(b) 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;
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(c) I will do no falsehood, nor consent to the
doing of any in court; I will not wittingly or
willingly promote or sue any groundless,
false or unlawful suit, nor give aid nor
consent to the same;
(d) 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.
Note: Dissecting the lawyer’s oath:
i. Par-b deals with the lawyer and society
ii. Par-c deals with the lawyer and the courts
and the lawyer and the legal profession
iii. Par-d deals with the lawyer and the client
Importance of the Lawyer’s Oath
a. The lawyer’s oath 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 makes
when taking the lawyer’s oath. If all lawyers
conducted themselves strictly according to
the lawyer’s oath and the Code of
Professional Responsibility, the
administration of justice will undoubtedly be
fairer, faster, and easier for everyone
concerned. (In re: AI C. Argosino, 270 SCRA
26).
b. By taking the lawyer’s oath, a lawyer
becomes a guardian of truth and the rule of
law and an indispensable instrument in the
fair and impartial administration of justice.
Good moral character includes, at least,
common honesty. Deception and other
fraudulent acts are not merely unacceptable
practices that are disgraceful and
dishonorable; they reveal a basic moral
flaw (Olbes vs. Deciembre, 457 SCRA 341).
c. The lawyer’s oath is not mere facsimile
words, drift and hollow, but a sacred trust
that must be upheld and kept
inviolable (Sebastian vs. Calis, Adm. Case
No.5118, September 9, 1999).
d. The oath embodies in capsule the
fundamental duties of a lawyer, which he

must honor as there would be a great
detriment to, if not, a failure of the
administration of justice if courts could not
rely on the submission and representations
of lawyers in the handling of their
cases. (Berenguer vs. Carranza, 26 SCRA 673)
Q: State the significance of the lawyer’s
oath.
A: “The significance of the oath is that it not
only impresses upon the attorney his
responsibilities but it also stamps him as an
officer of the court with rights, powers and
duties as important as those of the judges
themselves. It is a source of his obligations
and its violation is a ground for his
suspension, disbarment or other disciplinary
action.” (Agpalo, Legal Ethics, 1992 ed., p. 59)
Q: What, in effect, does a lawyer represent
to a client when he accepts a
professional employment for his
services?
A: By accepting a retainer, he impliedly
represents that (a) he possesses the
competence required for the practice of his
profession, (b) he will exert his best
judgment in the prosecution or defense of his
client’s cause; (c) he will exercise reasonable
and ordinary diligence; and (d) he will take
such steps as will adequately guard his
client’s interest. In brief, that he will abide by
his lawyer’s oath: that he will conduct himself
to the best of his knowledge and discretion
with all good fidelity as well to the courts as
to his client.
B. THE CODE OF PROFESSIONAL
RESPONSIBILITY
Four-fold duties of a lawyer
1. To the courts - A lawyer must maintain
candor, fairness and good faith towards the
court a respectful attitude, defend the
courts against unjust criticism, uphold the
court’s authority and dignity, obey court
orders and processes, and assist in the
administration of justice.
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2. To the bar/ legal profession - A lawyer
COMMISSIONS
must observe candor, fairness, courtesy and
truthfulness in his conduct towards other
lawyers, avoid encroachment in the business
of other lawyers, and uphold the honor of
the profession.
3. To the client - A lawyer owes his entire
devotion to the interests of his client,
warmth and zeal in the maintenance of the
defense of his rights and exertion of utmost
learning ability to the end that nothing be
taken or withheld from his client except in
accordance with law. He owes a duty of
competent and zealous representation to
the client, and should preserve his clients.
4. To the public/society – A lawyer should
not violate his responsibility to society,
exemplar for righteousness, ready to render
legal aid, foster social reforms, guardians of
due process, aware of special role in the
solution of special problems and be always
ready to lend assistance in the study and
solution of social problems.
Duties of a lawyer under the Rules of
Court
1. To maintain allegiance to the Republic of the
Philippines and to support the Constitution
and obey the laws of the Philippines;
2. To observe and maintain the respect due to
courts of justice and judicial officers;
3. To observe and maintain such actions or
proceedings only as it appears to him to be
just, and as such defends only as he
believes to be honestly debatable under the
law;
4. To employ for the purpose of maintaining
the causes confined to him such means only
as are consistent with truth and honor and
never seek to mislead the judge or any
judicial officer by an artifice or false
statement of fact or law;
5. To maintain the confidence, and at every
peril to himself, to preserve the secrets of
his clients, and to accept no compensation
in connection with his client’s business
except from him or with his knowledge and
approval;
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6. To abstain from all offensive personality and
to advance no fact prejudicial to the honor
and reputation of a party or witness, unless
required by justice of the cause with which
he is charged;
7. Not to encourage either the commencement
or the continuance of an action or
proceeding, or delay any man’s cause, for
any corrupt motive or interest;
8. Never to reject for any consideration
personal to himself, the cause of the
defenseless or oppressed; and
9. In the defense of a person accused of crime,
by all fair and honorable means, regardless
of his personal opinion as to the guilt of the
accused, to present every defense that the
law permits to the end that no person may
be deprived of life or liberty, but by due
process of law (Sec. 20, Rule 138, RRC).
Duties of a lawyer under the Code of
Professional Responsibility
I. THE LAWYER AND THE SOCIETY
(CANONS 1 TO 6)
1. Duty to uphold the Constitution and the
Laws;
2. Duty to make legal services available in
efficient and convenient manner;
3. Duty to use only true, honest, fair,
dignified and objective information on
his legal services;
4. Duty to participate in the improvement
and reforms in the legal system;
5. Duty to participate in the legal
education program and its
developments;
6. These canons apply to lawyers in
government service.
II. THE LAWYER AND THE LEGAL
PROFESSION (CANONS 7 TO 9)
7. Duty to uphold the integrity and dignity
of the legal profession, and support the
bar;
8. Duty to conduct himself with courtesy,
fairness and candor towards
professional colleagues;
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9. Duty not to assist in unauthorized
practice of law.
III. THE LAWYER AND THE COURTS
(CANON 10 TO 13)
10. Duty of candor, fairness and good faith
to the courts;
11. Duty to observe and maintain respect to
the courts and judicial officers;
12. Duty to assist in the speedy and
efficient administration of justice;
13. Duty to rely upon the merits of his
cause and refrain from any impropriety
which tends to influence, or gives the
appearance of influencing the court.
IV. THE LAWYER AND THE CLIENT (CANON
14 TO 22)
14. Duty to render legal service to the needy;
15. Duty to observe candor, fairness and loyalty
to clients;
16. Duty to hold in trust of client’s moneys and
properties;
17. Duty of fidelity to the cause of the client
18. Duty to serve his client with competence
and diligence;
19. Duty to represent his client with zeal within
the bounds of the law;
20. Duty to charge only fair and reasonable
fees;
21. Duty to preserve client’s confidence and
secrets;
22. Duty to withdraw services only for good
cause and upon notice.
 THE LAWYER AND THE SOCIETY
(Canons 1-6)
1. To society (Canons 1-6)
a. Respect for law and legal processes
CANON 1: A LAWYER SHALL UPHOLD THE
CONSTITUTION, OBEY THE LAWS OF THE
LAND AND PROMOTE RESPECT FOR LAW
AND LEGAL PROCESSES.
 This canon underscores the first and
foremost duty of a lawyer, that is, to

maintain allegiance to the Republic of the
Philippines, uphold the Constitution, and
obey the laws of the land (Zaldivar vs.
Gonzales, 166 SCRA 316, October 7, October 7,
1988). A lawyer is the servant of the law
and belongs to a profession to which society
has entrusted the administration of law and
the dispensation of justice. As such, he
should make himself more an exemplar for
others to emulate (Samala vs. Valencia, Adm.
Case No. 5439, January 22, 2007).
Rule 1.01: A lawyer shall not engage in
unlawful, dishonest, immoral or deceitful
conduct.
Conduct – refers not only to those connected
to the lawyer’s professional duties, it also refers
to any misconduct, although not connected with
his professional duties, that would show him to
be unfit for the office and unworthy of the
privileges conferred upon him by his license and
the law. (Orbe vs. Adaza, A.C. No. 5252, May 20,
2004).
 The test is whether his conduct shows him
to be wanting in moral character, honesty,
probity, and good demeanor, or whether it
renders him unworthy to continue as an
officer of the court. (Natividad P. Navarro And
Hilda S. Presbitero, Complainants, Vs. Atty. Ivan
M. Solidum, Jr., Respondent., A.C. No. 9872,
January 28, 2014)
Unlawful Conduct – is a transgression of any
provision of law, which need not be a penal law.
The presence of evil intent on the part of the
lawyer is not essential in order to bring his act
or omission within the terms of this Rule (Re:
Report on the Financial Audit Conducted on the Books
of Accounts of Atty. Raquel Kho, A.M. No. P-06-2177,
April 13, 2007)
Dishonest Conduct - the disposition to lie,
cheat, deceive, defraud, or betray; be
untrustworthy; lacking in integrity, honesty,
probity, integrity in principle, fairness and
straightforwardness.
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Cases of
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dishonesty and deceit which
merited discipline by the Supreme Court
1. Misappropriation of client’s funds (Co vs.
Bernardino, 285 SCRA 102, January 28, 1998);
2. Act of fraudulently concealing dutiable
importation or smuggling (In re: Rovero, 92
Phil. 128, December 29, 1980);
3. Giving false statements under oath in an
Information Sheet submitted in connection
with the lawyer’s application for the position
of Chief of Police (Calo vs. Degamo, 20 SCRA
447, June 27, 1967);
4. Wanton falsehood made in an ex parte
petition in court wherein the lawyer
attached affidavit of his grandfather and
which affidavit he notarized knowing that
the supposed affiant is already dead
(Agdoma vs. Celestino, A.C. No. 289, November
29, 1962);
5. Maneuvering reconveyance of property in
the name of a lawyer instead of the client -
in a case involving sale with pacto de retro
(Imbuido vs. Fidel Sor Mangonon, 4 SCRA 760,
March 31, 1962);
6. Falsification of grades in the Bar
Examinations (In re: Del Rosario, 52 Phil. 399,
December 7, 1928);
7. Collecting several thousand pesos on the
pretense that counsel would allegedly
appeal the complainant’s case to the
Supreme Court of the United States, and
that it was necessary for him to go to
Washington, D.C. which he did, knowing
that the decision could no longer be
appealed because it is already final
(Melegrito vs. Barba, 58 Phil. 513, October 2,
1933);
8. Inducing someone to buy a piece of land
knowing that it is not for sale (In re:
Quiambao, 102 Phil. 940, January 31, 1958);
9. Delayed failure to account money collected
for the client (Licuanan vs. Melo, 170 SCRA
100, February 9, 1989);
10. Stealing evidence attached to the court
records (Fernandez vs. Garcia, A.C. No. 3694,
June 17, 1993);
11. Notarizing of documents despite expiration
of notarial commission (Modejar vs. Rubia,
496 SCRA 1, July 21, 2006);
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12. Misrepresenting that he was still connected good demeanor, whether such conduct was
with a law firm (Afurong vs. Aquino, 315 SCRA committed in their professional or in private
77, September 23, 1999 ); capacity (Deveza vs. Atty. Del Prado, A.C. No.
13. Evading payment of debt (Yuson vs. Vitan, 9574, June 21, 2016).
496 SCRA 540, July 27, 2006); and,
14. Altering of the material dates to make it Q: What is a “grossly immoral act”?
appear that the Notice of Appeal was timely
filed (Rivera vs. Atty. Napoleon Corral, A.C. No. A: A grossly immoral act is one that is so
3548, July 4, 2002). corrupt and false as to constitute a criminal
act or so unprincipled or disgraceful as to be
Immoral or Deceitful Conduct - is one that reprehensible to a high degree (Reyes v.
involves moral turpitude, which includes Wong, 63 SCRA 667).
anything done contrary to justice, modesty or
good morals (In re Basal 41 Phil. 275, 1920), or to Instances of Gross Immorality
any vileness, baseness or depravity in the
private and social duties that a man owes to his RESULTING
GROSS IMMORAL ACTS
fellowmen or society, contrary to accepted rule CONSEQUENCES
of right and duty between man and man (In re Abandonment of wife and Disbarred
Gutierrez, 5 SCRA 661, 1962). Examples of such cohabiting with another (Obusan vs. Obusan, 128
woman. SCRA 485,April 2, 1984)
conduct: estafa, bribery, murder, seduction,
abduction, smuggling, falsification of public A lawyer who had carnal
knowledge with a woman Disbarred
document, violation of B.P. 22. (Quingwa vs. Puno, 19
through a promise of
marriage which he did not SCRA 439, February 28,
 For immorality to be a ground for fulfill. 1967)
disciplinary action, it must not only be Seduction of a woman who is
merely immoral but also grossly immoral. the niece of a married woman Disbarred
It must be one which is unquestionably so with whom the respondent (Royong vs. Oblena, 7
corrupt or unprincipled (Arciga vs. Maniwang, lawyer had adulterous SCRA 859, April 30, 1963)
106 SCRA 591). However, immorality has not relations.
been confined to sexual matters, but Lawyer arranging the
marriage of his son to a Disbarred
includes conduct inconsistent with rectitude,
woman with whom the lawyer (Mortel vs. Aspiras,100
or indicative of corruption, indecency, Phil. 586, December
had illicit relations. After the
depravity and dissolute; or is willful, marriage of the woman to the 28, 1956)
flagrant, or shameless conduct showing respondent’s son, he
moral indifference to opinions of respectable continued his adulterous
members of the community, and an relations with her.
inconsiderate attitude toward good order Lawyer inveigling a woman Disbarred
and public welfare (Advincula vs. Macabata, into believing that they had (Pomperada vs. Jochico,
been married civilly to satisfy 133 SCRA 309, November
A.C. No. 7204, March 7, 2007).
his carnal desires. 21, 1984)
 The practice of law is a privilege bestowed Lawyer taking advantage of Disbarred
only to those who show that they possess his position as chairman of (Delos Reyes vs. Aznar,
the College of Medicine and 179 SCRA 837, November
and continue to possess the legal 28, 1989)
asked a lady student to go
qualifications for it. As vanguards of our
with him to Manila where he
legal system, they are expected to maintain had carnal knowledge of her
not only legal proficiency but also a high under threat that if she
standard of morality, honesty, integrity and refused, she would flunk in all
fair dealing. Because of their important role her subjects.
in the society, the Court shall not hesitate to Seducing a woman thru Disbarred
discipline a lawyer for any conduct that is promise of marriage by a (Barrientos vs. Daarol, 218
married lawyer. SCRA 30, January 29,
wanting in morality, honesty, probity and 1993)
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RESULTING plagiarism in what they write so long as they
GROSS IMMORAL ACTS
CONSEQUENCES
COMMISSIONS
do not depart, as officers of the court, from
Maintenance of adulterous Disbarred the objective of assisting the Court in the
relationship. (Cojuangco, Jr. vs. Palma,
administration of justice (In The Matter of the
A.C. No. 2474, June 30,
2005) Charges of Plagiarism Against Associate Justice
Concubinage coupled with Suspended Indefinitely Mariano C. Del Castillo, A.M. No. 10-7-17-SC,
failure to support illegitimate (Laguitan vs. Tinio, 179 February 8, 2011).
children. SCRA 655, December 4,
1989) Rule 1.02: A lawyer shall not counsel or
Maintaining adulterous Suspended Indefinitely abet activities aimed at defiance of the
relationship with a married (Cordova vs. Atty. Cordova,
law or at lessening confidence in the legal
woman. 179 SCRA 680,November
29, 1989) system.

Acts which do not constitute Gross
Immorality
1. Stealing a kiss from a client (Advincula vs.
Macabata, A.C. No. 7204, March 7,2007)
2. Live-in-relationship, involving two unmarried
persons.
General Rule: The lawyer’s failure to pay a
loan is not a proper subject of disciplinary action
because the proper remedy is the filing of an
action for collection of a sum of money in
regular courts. (Toledo vs. Abalos, 315 SCRA 419,
September 29, 1999)
Exception: Deliberate failure to pay just debts
and the issuance of worthless checks constitutes
gross misconduct (Lao vs. Medel, A.C. No. 5916,
July 1, 2003). Having incurred just debts, a
lawyer has the moral duty and legal
responsibility to settle them when they become
due. He should comply with his contractual
obligations, act fairly and adhere to high ethical
standards to preserve the court’s integrity, he is
an employee thereof (Cham vs. Palta-Moya, A.C.
No. 7494, June 27, 2008).
Just Debts – include unpaid rentals, electric
bills, claims adjudicated by a court of law, and
claims the existence and justness of which are
admitted by the debtor (Ibid).
 On plagiarism, the rule exonerating judges
from charges of plagiarism applies also to
lawyers. Although as a rule, they receive
compensation for every pleading or paper
they file in court or for every opinion they
render to clients, lawyers also need to strive
for technical accuracy in their writings. They
should not be exposed to charges of
Aside from the duty of a lawyer to avoid
defiance of the law, he is also prohibited to
counsel or abet activities aimed at disobedience
of the law or undermining the confidence to the
legal system. Thus, a lawyer should not promote
an organization known to be violating the law
nor assist it in a scheme which he knows is
dishonest. (In re: Terrel, 2 Phil. 266, May 15, 1903)
Moreover, he should not allow his services be
engaged by an organization whose member are
violating the law and to defend them when they
get caught.
The candidates and many of the participants in
that election not only violated the By-Laws of
the IBP but also the ethics of the legal
profession which imposes on all lawyers, as a
corollary of their obligation to obey and uphold
the Constitution and the laws, the duty to
promote respect for law and legal processes and
to abstain from activities aimed at defiance of a
law or at lessening confidence in the legal
system (Rule 1.02, Canon 1, CPR). Respect for law is
gravely eroded when lawyers themselves, who
are supposed to be minions of the law, engage
in unlawful practices and cavalierly brush aside
the very rules that the IBP formulated or their
observance. The unseemly ardor with which the
candidates pursued the presidency of the
association detracted from the dignity of the
legal profession. The spectacle of lawyers
bribing or being bribed to vote one way or
another, certainly did not uphold the honor of
the profession nor elevate it in the public's
esteem (In re: 1989 IBP Elections, B.M. No. 491,
October 6, 1989).
Rule 1.03: A lawyer shall not, for any
corrupt motive or interest, encourage any
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suit or proceeding or delay any man’s
cause.
Lawyers owe to the court and to society not to
stir up litigations. While the act is not a crime, it
is proscribed by the rules of legal ethics. The
reason for this rule is to prevent barratry and
ambulance chasing (Pineda, Legal Ethics
Annotated, 2009 ed, p.64).
 Ambulance chasing - is the solicitation of
almost any kind of legal business by an
attorney, personally or through an agent in
order to gain employment (Linsangan vs. Atty.
Tolentino, A.C. No. 6672, September 4, 2009).
Such act of a lawyer has spawned number
of recognized evils such as:
1. Fomenting of litigation resulting burdens on
the courts and the public;
2. Subornation of perjury;
3. Mulcting of innocent persons by judgments,
upon manufactured causes of actions; and
4. Defrauding of injured persons having proper
causes of action but ignorant of legal rights
and court procedure by means of contracts
which retain exorbitant percentages of
recovery and illegal charges for court costs
and expenses and by settlement made for
quick returns of fees and against the just
rights of the injured persons (Agpalo, Legal
and Judicial Ethics, 2009 ed, p. 75).
Barratry – is the offense of frequently exciting
and stirring up quarrels and suits, either at law
or otherwise. It is the lawyer’s act of fomenting
suits among individuals and offering his legal
services to one of them for monetary motives or
purposes.
Rule 1.04: A lawyer shall encourage his
clients to avoid, end or settle a
controversy if it will admit of a fair
settlement.
Settlement between two contending parties may
be agreed upon at ANY stage of a legal
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proceeding. The duty to promote fair and
amicable settlement does not extend to
instances wherein a fair settlement is not
possible as an option. (Funa, Legal and Judicial
Ethics: With Bar Examination Questions, 2009, p. 47)
 A party must give up some of the rights that
he has, in consideration of the same act on
the part of the other side (Jesalva, et al. vs.
Bautista, et. al, G.R. Nos. L-11928-11930, March
24, 1959).
 Lawyers 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 (Melendrez vs.
Decena, A.C. No. 2104, August 24, 1989).
Attorneys have authority to bind their clients in
any case by any agreement in relation thereto
made in writing, and in taking appeals, and in all
matters of ordinary judicial procedure (Sec 23,
Rule 138, RRC).
Q: What laws or rules encourage or
promote amicable settlement between
the parties?
A: The following mandates the parties to
consider the possibility of amicable
settlement:
a. Sec. 2, Rule 18 on Pre-Trial;
b. The Local Government Code (Barangay
Conciliation Proceedings); and
c. Judicial Dispute Resolution.
b. Efficient and convenient legal services
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.
This canon requires that legal services should
not only be efficient but should also be made
available and accessible to those who need
them in a manner compatible with the ethics of
the profession. A lawyer who accepts

professional employment should be in a position
to render efficient and effective legal assistance.
Otherwise, he should help find another lawyer
who is qualified and able to do so. And a lawyer
who is qualified to provide efficient legal
services should make available such services to
those who are in need thereof. This is an
obligation a lawyer assumes when he took his
oath of office.
The lawyer’s efficiency must not be obtained at
the price of compromising the effectiveness of
the entire legal profession (Funa, Legal and
Judicial Ethics: With Bar Examination Questions,
2009, p. 50).
Rule 2.01: A lawyer shall not reject,
except for valid reasons, the cause of the
defenseless or the oppressed.
Defenseless – are those not in the position to
defend themselves due to poverty, weakness,
ignorance or other similar reasons.
Oppressed - are the victims of acts of cruelty,
unlawful exaction, domination or excessive use
of authority (Pineda, Legal Ethics Annotated, p. 75).
Exceptions:
A lawyer may refuse to accept representation of
a client if:
a. He is not in position to carry out the work
effectively and competently;
b. He labors under conflict of interest between
him and the prospective client or between a
present client and the prospective client (Rule
14.03, Canon 14, CPR).
Note: Legal aid is not a matter of charity but a
public responsibility. It is a means for the
correction of social imbalance that may and
often do lead to injustice. The spirit of public
service should therefore underlie all legal offices.
The same should be administered to indigent
and deserving members of the community in all
cases, matters and situations in which legal aid
may be necessary to forestall (Sec. 1, Art. 1,
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Guidelines Governing the Establishment of and
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Operation of Legal Aid Offices in IBP Chapters).
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.
If a lawyer, for valid reasons, could not handle
the case of defenseless or oppressed persons,
he must not refuse to provide them with
immediate legal advice necessary to protect
their rights (Pineda, Legal Ethics Annotated, p. 77)
Such advice should cover those preliminary
steps to take, until he shall have secured the
services of counsel. (Agpalo, Legal and Judicial
Ethics, 2009 ed, pp. 78-79).
Rule 2.03: A lawyer shall not do or permit
to be done any act designed primarily to
solicit legal business.
 A lawyer shall not promote his services
through commercial advertisements for it is
highly unethical for an attorney to advertise
his talents and 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, A.C. No. L-1117, March 20, 1944).
General Rule: A lawyer cannot advertise his
talents, as he is a member of an honorable
profession whose primary purpose is to render
public service and help secure justice and in
which the remuneration is a mere incident.
Exceptions:
a) Publication in reputable law lists, in a
manner consistent with the standards of
conduct imposed by the canons, of brief
biographical and informative data;
b) Engaging in business or other occupations
except when such could be deemed
improper, be seen as indirect solicitation or
would be the equivalent of law practice;
c) Ordinary simple professional card;
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d) Simple announcements of the opening of a
law firm or of changes in the partnership
associates, firm name or office address,
being for convenience of the profession;
e) Listing in a phone directory, but not under a
designation of a special branch of law;
f) The offer of free legal services to the
indigent, even when broadcasted over the
radio or tendered through circulation of
printed matter to the general public;
g) Seeking a public office, which can only be
held by a lawyer, or in a dignified manner, a
position as a full time corporate counsel;
h) Activity of an associate for the purpose of
legal representation; and
j) With propriety written articles for
publications in which a lawyer gives
information upon the law; but he should not
accept employment from such publications
to advise inquiries in respect to their
individual rights (Agpalo, Legal and Judicial
Ethics, 2009 ed., pp. 119-123).
Professional calling cards may only
contain the following details:
a. lawyer’s name;
b. name of the law firm with which he is
connected;
c. address;
d. telephone number and
e. special branch of law practiced (Linsangan v.
Atty. Tolentino, A.C. No. 6672, September 4,
2009).
Acceptable Law List Publication
The law list must be a reputable law list
published primarily for that purpose; it
cannot be a mere supplemental feature of
a paper, magazine, trade journal or periodical
which is published principally for other purposes.
For that reason, a lawyer may not properly
publish his brief biographical and informative
data in a daily paper, magazine, trade journal or
society program. Nor may a lawyer permit his
name to be published in a law list the conduct,
management, or contents of which are
calculated or likely to deceive or injure the
public or the bar, or to lower dignity or standing
of the profession.
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 The publication of 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 (Atty. Khan Jr. v. Atty. Simbillo,
A.C. No. 5299, August 19, 2003).
Telephone Directory
 He may likewise have his name listed in a
telephone directory but not under a
designation of special branch of law
(Atty. Khan Jr. v. Atty. Simbillo, A.C. No. 5299,
August 19, 2003).
Rule 2.03 should be read in connection
with Rule 1.03 of the CPR
Rule 1.03. A lawyer shall not, for any corrupt
motive or interest, encourage any suit or
proceeding or delay any man’s cause.
This rule proscribes “ambulance chasing”
 Hence, lawyers are prohibited from soliciting
cases for the purpose of gain, either
personally or through paid agents or
brokers. Such actuation constitutes
malpractice, a ground for disbarment
(Linsangan v. Atty. Tolentino, A.C. No. 6672,
September 4, 2009).
 Where in the agreement lawyer David not
only agreed to give one-half of his
professional fees to an intermediary or
commission agent but he also bound himself
not to deal directly with the clients, the
Court held that the said agreement is void
because it was tantamount to malpractice
which is "the practice of soliciting cases
at law for the purpose of gain, either
personally or through paid agents or
brokers (Tan Tek Beng, complainant, v.
Timoteo A. David, respondent, A.C. No. 1261,
December 29, 1983).
 Solicitation of prospective litigants by
nonprofit organizations that engage in
litigation as "a form of political expression"
and "political association" constitutes

expressive and associational conduct
entitled to First Amendment
protection, as to which government may
regulate only "with narrow specificity” (In re
Primus, 436 U.S. 412 (1978)).
A lawyer's solicitation of business through direct,
in-person communication with the prospective
clients has long been viewed as inconsistent
with the profession's ideal of the attorney-client
relationship and as posing a significant potential
for harm to the prospective client.
The State does not lose its power to regulate
commercial activity deemed harmful to the
public simply because speech is a component of
that activity.
A lawyer's procurement of remunerative
employment is only marginally affected with
First Amendment concerns. While entitled to
some constitutional protection, [respondent's]
conduct is subject to regulation in furtherance of
important state interests.
 Because the State's interest is in averting
harm by prohibiting solicitation in
circumstances where it is likely to occur, the
absence of explicit proof or findings of
harm or injury to the person solicited
is immaterial (Ohralik v. Ohio State Bar
Assn., 436 U.S. 447 (1978)).
 Nonetheless, the solicitation of legal
business is not altogether proscribed.
However, for solicitation to be proper, it
must be compatible with the dignity of
the legal profession. If it is made in a
modest and decorous manner, it would
bring no injury to the lawyer and to the bar
(Atty. Khan Jr. v. Atty. Simbillo, A.C. No. 5299,
August 19, 2003).
Rule 2.04: A lawyer shall not charge rates
lower than those customarily prescribed
unless the circumstances so warrant.
What the rule prohibits is the competition in the
matter of charging professional fees for the
purpose of attracting clients in favor of the
lawyer who offers lower rates. The rule does not
prohibit a lawyer from charging a reduced fee or
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none at all to an indigent or to a person who
COMMISSIONS
would have difficulty paying the fee usually
charged for such services.
Some IBP Chapters in the country have
approved Schedules of Attorney’s Fees providing
specific guidelines in the fixing of attorney’s fees
for legal services, including but not limited to
consultation, documentation, notarization,
pleading, research, trial work, appearance fees,
retainers and similar others. Other Chapters
while they do not have such schedules, have
followed and are still following a long standing
local custom or tradition on the amounts of
attorney’s fees for their legal services (Pineda,
Legal Ethics Annotated, 2009 ed, p.83).
c. True, honest fair, dignified and
objective information on legal services
CANON 3: A LAWYER IN MAKING KNOWN
HIS LEGAL SERVICES SHALL USE ONLY
TRUE, HONEST, FAIR, DIGNIFIED AND
OBJECTIVE INFORMATION OR STATEMENT
OF FACTS.
It is not ethical for a lawyer to make known his
legal services. However, he must do so only by
using true, honest, fair, dignified and objective
information or statement of facts. He must not
resort to false and misleading information. And
even if the information is true, the manner of
making it known must not be undignified and
demeaning to the legal profession.
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.
This rule is closely intertwined with Rule 2.03,
Canon 2 of the CPR. Thus, a lawyer should not
pretend to a prospective client just to get the
latter’s trust and confidence that he is a
seasoned trial lawyer and an expert in a
particular law or laws when in truth he is not
and had not even prosecuted or defended a
case yet in his lifetime, or, that he had not lost a
case in his practice, when in truth, he had not
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won a single case yet because of his
incompetence and lack of skill.
 "The most worth and effective
advertisement possible, even for a young
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 v. Bayot, A.C. No. L-
1117, March 20, 1944).
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.
The reason for allowing the continued use of the
name of a deceased partner is that all of the
partners by their joint efforts over a period of
years contributed to the goodwill attached to the
firm name, and this goodwill is disturbed by a
change in firm name every time a partner dies
(Agpalo, Legal and Judicial Ethics, 2009 ed, pp. 129).
 A lawyer is not authorized to use a name
other than the name inscribed in the Roll of
Attorneys in his practice of law (Pangan vs.
Ramos, A.C. No. 1053, September 7, 1979).
 Filipino lawyers cannot practice law under
the name of a foreign law firm, as the latter
cannot practice law in the Philippines and
the use of the foreign law firm in the
country is unethical (Dacanay vs. Baker &
McKenzie, A.C. No. 2131, May 10, 1985).
 Neither can a law firm call themselves “A
law firm of St. Thomas More and Associate
Members”. It implies that St. Thomas More
is a Law Firm when in fact it is not; it would
also convey to the public the impression that
the lawyers are members of the law firm
which does not exist. To the public, it would
seem that the purpose or intention of
adding “The Law Firm of St. Thomas More
and Associates Members” is to bask in the
22 |CENTER FOR LEGAL EDUCATION AND RESEARCH
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name of a Saint, although that may not
really, be the purpose or intention of the
lawyers. The appellation only tends to
confuse the public and in a way demean
both the saints and the legal profession
whose members must depend on their own
name and record and merit and not on the
name/glory of other persons living or dead
(PP v. Gonzalez, Jr., G.R. No. 139542 June 10,
2003).
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.
The affairs of the legal profession and the affairs
of government are closely intertwined. Hence,
there should not be an appearance that a public
office is being taken advantage of to promote
one’s practice of law.
If a partner in a law firm has accepted a public
office, his name shall be removed from the firm
name. However, if the law allows him to practice
law subject to certain restrictions, he can do so;
even concurrently while holding the position.
Rule 3.04: A lawyer shall not pay or give
anything of value to representatives of the
mass media in anticipation of, or in return
for, publicity to attract legal business.
What is improper is for a lawyer to resort to
propaganda to secure media publicly for the
purpose of attracting legal business. The rule
also prohibits making indirect publicity gimmick,
such as furnishing or inspiring newspaper
comments, procuring his photograph to be
published in connection with cases which he is
handling, making a courtroom scene to attract
the attention of newspapermen or arranging for
the purpose an interview with him by media
people (Agpalo, Legal and Judicial Ethics, 2009 ed,
pp. 131).
The lawyer, however, is not mandated to decline
genuine media attention to his advocates which
have generated public interest. In such
instances, media attention is not paid for but is

generated by the value of the lawyer’s advocacy
(Funa, Legal and Judicial Ethics: With Bar
Examination Questions, 2009, p. 75).
d. Participation in the improvement and
reforms in legal system
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.
The lawyer must recognize that the law is part
of vast social network and whether he likes it or
not, he has to interact with the society. There is
the need on the part of a lawyer to transcend
the narrow limits of technical law. Thus, a
lawyer must broaden out and continue to grow
in knowledge and competence in order to be
able to make the law socially responsive (Agpalo,
Legal and Judicial Ethics, 2009 ed, p. 79)
e. Participation in legal education
program
CANON 5: A LAWYER SHALL KEEP
ABREAST OF LEGAL DEVELOPMENTS,
PARTICIPATE IN CONTINUING LEGAL
EDUCATION PROGRAMS, SUPPORT
EFFORTS TO ACHIEVE HIGH STANDARDS
IN LAW SCHOOLS AS WELL AS IN THE
PRACTICAL TRAINING OF LAW STUDENTS
AND ASSIST IN DISSEMINATING
INFORMATION REGARDING THE LAW AND
JURISPRUDENCE.
Q: What is the purpose of the Mandatory
Continuing Legal Education (Bar Matter
850)?
A: The purpose of MCLE is to ensure that
throughout the career of members of the
IBP, they keep abreast with law and
jurisprudence, maintain the ethics of the
profession and enhance the standards of the
practice of law (Sec. 1, Rule 1, Rules on MCLE).
Legal education should be a continuing concern.
After admission to practice, a lawyer incurs a
three-fold obligation:
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a)
COMMISSIONS
He owes it to himself to continue improving
his knowledge of the law;
b) He owes it to his profession to take an
active interest in the maintenance of high
standards of legal obligation; and
c) He owes it to the lay public to make the law
a part of its social consciousness (Agpalo,
Legal and Judicial Ethics, 2009 ed, p.80).
 This duty carries with it the obligation to be
well informed of the existing laws and to
keep abreast with legal developments,
recent enactment and jurisprudence. Unless
they faithfully comply with such duty, they
may not be able to discharge competently
and diligently their obligations as members
of the Bar. Worse, they may become
susceptible to committing mistakes (Dulalai,
Jr. v. Cruz, A.C. No. 6854, April 27, 2007).
CANON 6: THESE CANONS SHALL APPLY
TO LAWYERS IN GOVERNMENT SERVICE
IN THE DISCHARGE OF THEIR OFFICIAL
TASKS.
General 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.
Exception: If his governmental infractions also
constitute a violation of his oath as a member of
the Bar (Vitriolo vs. Dasig, A.C. No. 4984, April 1,
2003; Gonzales-Austria v. Abaya, A.M. No. R-705-
RTJ, August 23, 1989).
 As a lawyer who is also a public officer,
respondent miserably failed to cope with the
strict demands and high standards of the
legal profession. It bears stressing that a
lawyer in public office is expected not only
to refrain from any act or omission which
might tend to lessen the trust and
confidence of the citizenry in government,
he must also uphold the dignity of the legal
profession at all times and observe a high
standard of honesty and fair dealing.
Otherwise said, a lawyer in government
service is a keeper of the public faith and is
burdened with high degree of social
responsibility, perhaps higher than her
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brethren in private practice (Facturan vs.
Barcelona, A.C. No. 11069, June 8, 2016)
 The Court reminded the lawyers in the BOC
that the canons embodied in the Code of
Professional Responsibility equally apply to
lawyers in government service in the
discharge of their official tasks. Thus, RATS
lawyers should exert every effort and
consider it their duty to assist in the speedy
and efficient administration of justice (People
of the Philippines v. The Hon. Juanito C.
Castaneda, Jr., et al., G.R. No. 208290,
December 11, 2013.)
Rule 6.01: The primary duty of a lawyer
engaged in public prosecution is not to
convict but to see that justice is done. The
suppression of facts or the concealment of
witnesses capable of establishing the
innocence of the accused is highly
reprehensible and is cause for disciplinary
action.
Public Prosecutor
 A quasi-judicial officer and as such, he
should seek equal and impartial justice.
 His primary duty is NOT to convict, but to
see that justice is done.
 He should see to it that the accused is given
fair and partial trial and not deprived of any
of his statutory or constitutional rights.
Consequently, the suppression of fact or the
concealment of witnesses capable of
establishing the innocence of the accused is
highly reprehensible and is a cause for
disciplinary action.
 He should recommend the acquittal of the
accused, whose conviction is on appeal, if
he finds no legal basis to sustain the
conviction.
Private Prosecutor
General Rule: An offended party has the right
to intervene in the prosecution of a crime.
Exceptions:
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a) Where from the nature of the crime and the
law defining and punishing it, no civil liability
arises in favor of the offended party; and
b) In cases where from the nature of the
offense the offended party is entitled to civil
indemnity arising there from, but he has
waived the same or has expressly reserved
the right to institute a civil action or has
already instituted said action
Note: All criminal actions commenced by
complaint or information shall be prosecuted
under the direction and control of the
prosecutor. In case of heavy work schedule of
the public prosecutor or in the event of absence
of public prosecutors, the private prosecutor
may be authorized in writing by the Chief
Prosecution Office or the Regional State
Prosecutor to prosecute the case, subject to the
approval of the Court. Once so authorized to
prosecute the criminal action, the private
prosecutor shall continue to prosecute the case
up to the end of the trial even in the absence of
a public prosecutor, unless the authority is
revoked or otherwise withdrawn (Sec. 5, Rule
110, RRC).
Note: In case it is dismissed the private
prosecutor may not file a motion for
reconsideration for such duty belongs solely to
the public prosecutor.
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.
Public officials and employee during their
incumbency shall not:
a) 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;
b) Engage in the private practice of their
profession unless authorized by the
Constitution or law, provided that such

practice will not conflict or tend to conflict
with their official functions;
c) Recommend any person to any position in a
private enterprise which has a regular or
pending official transaction with their office;
and
d) Use or divulge confidential or classified
information officially known to them by
reason of their office and not available to
the public.
 These circumstances do not show that the
respondent did in any way promote, advance
or use his private interests in the discharge
of his official duties. To repeat, since the
sales application was not brought before
the Committee on Awards when the
respondent was still a member, no
sufficient basis exists to conclude that
he used his position to obtain personal
benefits. We note in this regard that the
denial of the complainants’ sales application
over the subject land was made by the
DENR, not by the Committee on Awards
(Olazo v. Justice Tinga, A.M. No. 10-5-7-SC
[2010])
Rule 6.03: A lawyer shall not, after leaving
government service, accept engagement
or employment in connection with any
matter in which he had intervened while in
said service.
The key to unlock Rule 6.03 lies in
comprehending first, the meaning of "matter"
referred to in the rule and, second, the metes
and bounds of the "intervention" made by the
former government lawyer on the "matter."
Matter - any discreet, isolatable act, as well as
identifiable transaction or conduct involving a
particular situation and specific party, and not
merely an act of drafting, enforcing or
interpreting government or agency proceeding,
regulations or laws or briefing abstract principles
of law.
Beyond doubt, therefore, the "matter" or the act
of respondent Mendoza as Solicitor General
involved in the case at bar is "advising the
Central Bank, on how to proceed with the
said bank's liquidation and even filing the
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petition for its liquidation with the CFI of
Manila."
COMMISSIONS
We hold that this advice given by respondent
Mendoza on the procedure to liquidate
GENBANK is not the "matter" contemplated by
Rule 6.03 of the Code of Professional
Responsibility. ABA Formal Opinion No. 342 is
clear as daylight in stressing that the "drafting,
enforcing or interpreting government or agency
procedures, regulations or laws, or briefing
abstract principles of law" are acts which do not
fall within the scope of the term.
 The subject "matter" of Sp. Proc. No.
107812, therefore, is not the same nor is
related to but is different from the subject
"matter" in Civil Case No. 0096. Civil Case
No. 0096 involves the sequestration of
the stocks owned by respondents Tan, et
al., in Allied Bank on the alleged ground that
they are ill-gotten. The case does not
involve the liquidation of GENBANK. Nor
does it involve the sale of GENBANK to
Allied Bank. Whether the shares of stock of
the reorganized Allied Bank are ill-gotten is
far removed from the issue of the
dissolution and liquidation of GENBANK
(Presidential Commission on Good Governance v.
Sandiganbayan, G.R. Nos. 151809-12, April 12,
2005).
Intervene - includes an act of a person who
has the power to influence the subject
proceedings.
 The intervention cannot be insubstantial and
insignificant. A lawyer shall not represent a
private client in connection with a matter in
which the lawyer participated personally
and substantially as a public officer or
employee (Presidential Commission on Good
Government v. Sandiganbayan, G.R. Nos.
151809-12, April 12, 2005).
 According to the American Bar Association,
a "substantial responsibility" is "a
responsibility requiring the official to
become personally involved to an important,
material degree, in the investigative or
deliberative processes regarding the
transactions or facts in question" (US v.
Russell White BROTHERS, Jr., G. Thomas Nebel,
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and Thomas White Brothers 856 F. Supp. 370
(1992)).
 Otherwise stated, to fall within the ambit of
Rule 6.03 of the Code of Professional
Responsibility, the respondent must have
accepted engagement or employment
in a matter which, by virtue of his public
office, he had previously exercised
power to influence the outcome of the
proceedings (Olazo v. Justice Tinga, A.M. No.
10-5-7-SC [2010]).
Code of Ethical Standards for Public
Officials and Employees
RA 6713 Rule X
Section 7. Prohibited Acts and
Transactions. - In addition to acts and
omissions of public officials and employees now
prescribed in the Constitution and existing laws,
the following shall constitute prohibited acts and
transactions of any public official and employee
and are hereby declared to be unlawful:
(b) Outside employment and other activities
related thereto. - Public officials and employees
during their incumbency shall not:
(2) Engage in the private practice of their
profession unless authorized by the Constitution
or law, provided, that such practice will not
conflict or tend to conflict with their official
functions;
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.
IRR of RA 6713
Rule X
Grounds for Administrative Disciplinary
Action
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Section 1. In addition to the grounds for
administrative disciplinary action prescribed
under existing laws, the acts and omissions of
any official or employee, whether or not he
holds office or employment in a casual,
temporary, hold-over, permanent or regular
capacity, declared unlawful or prohibited by the
Code, shall constitute the grounds for
administrative disciplinary action, and without
prejudice to criminal and civil liabilities provided
herein, such as:
(c) Engaging in the private practice of his
profession unless authorized by the Constitution,
law or regulation, provided that such
practice will not conflict or tend to conflict
with his official functions;
These acts shall continue to be prohibited for a
period of one (1) year after resignation,
retirement, or separation from public office,
except in the case of paragraph (c) above, but
the professional concerned cannot practice his
profession in connection with any matter before
the office he used to be with, within one year
after such resignation, retirement, or
separation, provided that any violation hereof
shall be a ground for administrative disciplinary
action upon re-entry to the government service.
Correct Interpretation
“[s]uch practice" - refer to practice "authorized
by the Constitution or law" or the exception to
the prohibition against the practice of
profession.
The term "law" was intended by the legislature
to include "a memorandum or a circular or an
administrative order issued pursuant to the
authority of law“ (Query of Atty. Silverio-Buffe, A.M.
No. 08-6-352-RTC [2009]).
Purpose of the Law
Thus, it may be well to say that the prohibition
was intended to avoid any impropriety or
the appearance of impropriety which may
occur in any transaction between the retired
government employee and his former
colleagues, subordinates or superiors brought

about by familiarity, moral ascendancy or undue
influence, as the case may be.
Revolving door law practice
 The process by which lawyers and others
temporarily enter government service from
private life and then leave it for large fees in
private practice, where they can exploit
information, contacts, and influence garnered
in government service (PCCG v. Sandiganbayan
and Tan, G.R. Nos. 151809-12 [April 12, 2005]).
Two theories on the disqualification of
former government lawyers in
representing a client
1. Adverse-interest conflict;
2. Congruent-interest representation conflicts.
Adverse-interest conflict
 "Adverse-interest conflicts" exist where the
matter in which the former government
lawyer represents a client in private practice
is substantially related to a matter that
the lawyer dealt with while employed
by the government and the interests of
the current and former are adverse” (PCCG
v. Sandiganbayan and Tan, G.R. Nos. 151809-12,
April 12, 2005).
In the “adverse-interest conflict” a former
government lawyer is enjoined from
representing a client in private practice when
the matter is substantially related to a matter
that the lawyer dealt with while employed by the
government and if the interests of the current
and former clients are adverse.
It must be observed that the “adverse-interest
conflict” applies to all lawyers in that they are
generally disqualified from accepting
employment in a subsequent representation if
the interests of the former client and the
present client are adverse and the matters
involved are the same or substantially
related.
Congruent-interest conflict
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The disqualification does not really involve a
COMMISSIONS
conflict at all, because it prohibits the lawyer
from representing a private practice client even
if the interests of the former government client
and the new client are entirely parallel. The
“congruent-interest representation conflict”,
unlike the “adverse-interest conflict”, is unique
to former government lawyers.
Grounds for Disqualification arising from
Conflict of Interest
1. Where an attorney's conflict of interests in
violation of [Canons] undermines the
court's confidence in the vigor of the
attorney's representation of his client, or
more commonly
2. Where the attorney is at least potentially
in a position to use privileged
information concerning the other side
through prior representation xxx thus
giving his present client an unfair advantage
(US v. Russell White BROTHERS, Jr., G. Thomas
Nebel, and Thomas White Brothers 56 F. Supp.
370, 1992).
Requisites for outside employment to be
allowed by the head of office:
(a) The outside employment is not with a
person or entity that practices law before
the courts or conducts business with the
Judiciary;
(b) The outside employment can be performed
outside of normal working hours and is not
incompatible with the performance of the
court personnel’s duties and
responsibilities;
(c) That outside employment does not require
the practice of law; Provided, however, that
court personnel may render services as
professor, lecturer, or resource person in
law schools, review or continuing education
centers or similar institutions;
(d) The outside employment does not require
or induce the court personnel to disclose
confidential information acquired while
performing officials duties;
(e) The outside employment shall not be with
the legislative or executive branch of
government, unless specifically authorized
by the Supreme Court.
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No lawyer in the Judiciary can practice law
No chance exists for lawyers in the Judiciary to
practice their profession, as they are in fact
expressly prohibited by Section 5, Canon 3 of
the Code of Conduct for Court Personnel from
doing so.
Clerk of Court status after separation from
government
A clerk of court can already engage in the
practice of law immediately after her separation
from the service and without any period
limitation that applies to other prohibitions
under Section 7 of R.A. No. 6713.
The clerk of court’s imitation is that she cannot
practice her profession within one year
before the office where he or she used to
work with. In a comparison between a
resigned, retired or separated official or
employee, on the one hand, and an incumbent
official or employee, on the other, the former
has the advantage because the limitation is
only with respect to the office he or she
used to work with and only for a period of
one year.
The incumbent cannot practice at all, save only
where specifically allowed by the Constitution
and the law and only in areas where no conflict
of interests exists.
Inclusion of name in a business card is
“private practice of law”
 The fact remains that his name is included
therein which may therefore tend to show
that he has dealings with said office. Thus,
while he may not be actually and directly
employed with the firm, the fact that his
name appears on the calling card as a
partner in the Baligod, Gatdula, Tacardon,
Dimailig & Celera Law Offices give the
impression that he is connected therein and
may constitute an act of solicitation and
private practice which is declared unlawful
under Republic Act No. 6713 (Samonte v.
Atty. Gatdula, A.M. No. P-99-1292 [1999]).
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2. To the legal profession
a. Integrated Bar of the Philippines (Rule
139-A of the Revised Rules of Court in the
Philippines, See Annex D for the full text)
The IBP is the official national body of lawyers
created on January 16, 1973 under Rule 139-A
of the Rules of Court and constituted into a body
corporate on May 4, 1973 by virtue of P.D. 181.
This requires membership and financial support
in reasonable amount of every attorney as
conditions sine qua non to the practice of law
and the retention of his name in the Roll of
Attorneys.
Fundamental purposes of the IBP:
a. Elevate the standards of the legal profession;
b. Improve the administration of justice;
c. Enable the Bar to discharge its public
responsibilities more effectively (Sec. 2, Rule
139-A, RRC).
Nature of the IBP
The Integrated Bar shall be strictly non-political,
and every activity tending to impair this basic
feature is strictly prohibited and shall be
penalized accordingly.
No lawyer holding an elective, judicial, quasi-
judicial, or prosecutory office in the Government
or any political subdivision or instrumentality
thereof shall be eligible for election or
appointment to any position in the Integrated
Bar or any Chapter.
From the time a lawyer files his certificate of
candidacy for any elective public office or
accepts appointment to any judicial, quasi-
judicial, or prosecutory office in the Government
or any political subdivision or instrumentality
thereof, he shall be considered ipso facto
resigned from his position (Sec. 13, Rule 139-A).
i. Membership and dues
Members of the IBP

a. All persons whose names now appear in the
Roll of Attorneys; or
b. May hereafter be included in the Roll of
Attorneys of the Supreme Court (Sec. 1, Rule
139-A).
Q: Is the compulsory membership in the
IBP violative of the lawyer’s
constitutional freedom to associate or
corollary right to associate?
A: No. Integration does not make a lawyer a
member of any group of which he is already
a member. He became a member of the bar
when he passed the Bar examinations. All
that integration actually does is provide an
official national organization for the well-
defined but unorganized and incohesive
group of which every lawyer is already a
member (In re: Edillion A.M. 1928).
Chapter membership of the IBP
Unless he otherwise registers his preference for
a particular Chapter, a lawyer shall be
considered a member of the Chapter of the
province, city, political subdivision or area where
his office, or, in the absence thereof, his
residence is located. In no case shall any lawyer
be a member of more than one Chapter (Sec. 4,
Rule 139-A).
Voluntary termination of membership
This can be done by a member by filing a
written notice to Secretary of the Integrated
Bar, who shall immediately bring the matter to
the attention of the Supreme Court. Forthwith,
he shall cease to be a member and his name
shall be stricken by the Court from the Roll of
Attorneys (Sec. 11, Rule 139-A).
Reinstatement
This action shall be made by the Court in
accordance with rules and regulations prescribed
by the Board of Governors and approved by the
Court.
Membership Dues
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Every member of the Integrated Bar shall pay
such annual dues as
COMMISSIONS
the Board of Governors
shall determine with the approval of the
Supreme Court. A fixed sum equivalent to ten
percent (10%) of the collection from each
Chapter shall be set aside as a Welfare Fund for
disabled members of the Chapter and the
compulsory heirs of deceased members thereof
(Sec. 9, Rule 139-A).
Note: Lawyers who are senior citizens are not
exempted from the payment of IBP dues, since
the Senior Citizens Act which exempts senior
citizens from payment of taxes does not include
exemption from payment of membership or
association fees.
Effect of non-payment of dues
a. Default in the payment for 6 months -
warrant suspension of membership in the
Integrated Bar.
b. Default in the payment for 1 year - ground
for the removal of the name of the
delinquent member from the Roll of
Attorneys (Sec. 10, Rule 139-A).
b. Upholding the dignity and integrity of
the 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.
The maintenance by the bar of a high standard
of legal proficiency as well as honesty and fair
dealing is a prerequisite to making the bar an
effective instrument in the proper administration
of justice. But the bar can only be as reputable
as its members. To enable the bar to be an
effective instrument in the proper administration
of justice it is necessary that every lawyer
should strive at all times to uphold the honor
and maintain the dignity of the legal profession
and to improve not only the law but the
administration of justice as well.
 They should refrain from doing any act
which might lessen in any degree the
confidence and trust reposed by the public
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in the fidelity, honesty and integrity of the
legal profession (Deveza vs. Atty. Del Prado,
A.C. No. 9574, June 21, 2016).
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.
A student aspiring to be a lawyer must, at that
early period, study and observe the duties and
responsibilities of a lawyer. He cannot claim that
not being a member of the bar, the Code of
Professional Responsibility does not apply to
him. One who aspires to profess the law must
show his fitness for admission by adherence to,
or observance of the standards of conduct
required of members of the bar (Agpalo, Legal
and Judicial Ethics, 2009 ed, p.102).
 By asking admission to the practice of law,
an applicant puts in issue all his
qualifications and assumes the burden of
proof to establish all those qualifications to
the satisfaction of the court (Rosencranz v.
Tidrington, 193 Ind. 472, 141 N.E 58).
Consequences of knowingly making a false
statement or suppression of a material
fact in the application for admission to the
bar:
1. If the false statement or suppression of
material fact is discovered before the
candidate could take the bar examinations,
he will be denied permission to take the
examination.
2. If the false statement or suppression of
material fact was discovered after the
candidate had passed the examinations but
before having taken his oath, he will not be
allowed to take his oath as a lawyer.
3. If the discovery was made after the
candidate had taken his oath as a lawyer,
his name will be stricken from the Roll of
Attorneys.
Q: AC declared in his application for
admission to the Bar that he is single.
He did not disclose that he was
previously married to CD based on his
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allegation that their marriage was void
from the beginning. Is this a valid
ground not to admit AC to the practice
of law?
A: Yes. The court held that a lawyer’s
declaration in his application for Admission to
the Bar Examinations that he was “single”
was a gross misrepresentation of a material
fact made in utter bad faith, for which he
should be made answerable. Rule 7.01,
Canon 7, Chapter II of the Code of
Professional Responsibility explicitly provides:
“A lawyer shall be answerable for knowingly
making a false statement or suppression of a
material fact in connection with his
application for admission to the bar” (Leda v.
Tabang, A.C. No. 2505, February 21, 1992).
Q: AA was previously charged with less
serious physical injuries for assaulting
BB. He concealed this fact in his
application for admission to the bar. Is
this concealment a valid ground for
refusal to admit him in the practice of
law?
A: Yes. When the applicant concealed a charge
of a crime against him but which crime does
not involve moral turpitude, this concealment
nevertheless will be taken against him. It is
the fact of concealment and not the
commission of the crime itself that makes
him morally unfit to become a lawyer. When
he made concealment, he perpetrated
perjury (In Re Galang, A.M. No. 1163, August 29,
1975).
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.
A lawyer should help in guarding the bar against
admission to the profession of candidates who
are unfit or unqualified because they are
deficient either in moral character or in
education.

Note: Public policy requires that the practice of
law be limited to those individual found duly
qualified in education and character. The
permissive right conferred on the lawyer is an
individual and limited privilege subject to
withdrawal if he fails to maintain proper
standards of moral and professional conduct.
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
a scandalous manner to the discredit of
the legal profession.
A lawyer should maintain the standard of moral
fitness required of him when he applied for
admission to the Bar. In brief, he should always
be faithful to his oath which is a condensed code
of legal ethics (Pineda, Legal Ethics Annotated,
2009 ed., p.122).
 The misconduct of a lawyer, whether in his
professional or private capacity, which
shows him to be wanting in moral character,
honesty, probity and good demeanor,
renders him unworthy to the privileges
which his license and the law confer upon
him, may be sanctioned with disbarment or
suspension (Rayos v. Atty. Hernandez, G.R. No.
169079, February 12, 2007).
 Lawyers may be disciplined even for any
conduct committed in their private capacity,
as long as their misconduct reflects their
want of probity or good demeanor, a good
character being an essential qualification for
the admission to the practice of law and for
continuance of such privilege. When the
Code of Professional Responsibility or the
Rules of Court speaks of conduct or
misconduct, the reference is not confined to
one's behavior exhibited in connection with
the performance of lawyers' professional
duties, but also covers any misconduct,
which—albeit unrelated to the actual
practice of their profession—would show
them to be unfit for the office and unworthy
of the privileges which their license and the
law invest in them" (Belo-Henares vs. Atty.
Guevara, A.C. No. 11394, December 01, 2016).
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c. Courtesy, fairness and candor towards
COMMISSIONS
professional colleagues
CANON 8: A LAWYER SHALL CONDUCT
HIMSELF WITH COURTESY, FAIRNESS
AND CANDOR TOWARD HIS
PROFESSIONAL COLLEAGUES, AND SHALL
AVOID HARASSING TACTICS AGAINST
OPPOSING COUNSEL.
 The Court reminded the counsels to avoid
further squabbles and unnecessary filing of
administrative cases against each other. It is
well to stress that mutual bickering and
unjustified recriminations between attorneys
detract from the dignity of the legal
profession and will not receive sympathy
from this Court. Lawyers should treat each
other with courtesy, fairness, candor and
civilly (Yap-Paras vs. Paras, A.C. No. 4947, June
7, 2007).
Rule 8.01: A lawyer shall not, in his
professional dealings, use language which
is abusive, offensive or otherwise
improper.
Some instances of disrespectful language
1. Categorizes the Supreme Court decision as
false, erroneous and illegal (Suo vs. Cloribel,
A.M. No. 01-1-15-RTC, July 10, 2003);
2. Description of judges attitude as “unjust,
hostile, vindictive and dangerous” (Cornejo
vs. Judge Tan, 85 Phil 772, March 23, 1950);
3. Calling an adverse counsel as “bobo” or
using word “ay que bobo” in reference to
the manner of offering evidence (Castillo vs.
Padilla Jr., A.M. No. 2339, February 24, 1984);
4. Stating that justice is blind and also deaf
and dumb (In re: Almacen, G.R. L-27654,
February 18, 1970);
5. Attributing to the Supreme Court acts of
dismissing judges “without rhyme and
reason” and disbarring lawyers “without due
process” (Zaldivar vs. Gonzales, G.R. No.
79690-7, February 7, 1989); and
6. Any other analogous cases.
 Though a lawyer’s language may be forceful
and emphatic, it should always be dignified
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and respectful, befitting the dignity of the
legal profession. The use of intemperate
language and unkind ascriptions has no
place in the dignity of judicial forum. Atty.
Ferrer ought to have realized that this sort
of public behavior can only bring down the
legal profession in the public estimation and
erode public respect for it. Whatever moral
righteousness Atty. Ferrer had was negated
by the way he chose to express his
indignation (Atty. Barandon, Jr. vs. Atty. Ferrer,
Sr., A.C. No. 5678, March 26, 2010).
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.
A person without a retained lawyer is a
legitimate prospective client for any lawyer
whom he approaches for legal services. As soon
as the person had not dismissed the retained
counsel, efforts on the part of another lawyer to
take him as client constitutes an act of
encroaching upon the employment of another
lawyer.
 He may properly accept employment to
handle a matter which has been previously
handled by another lawyer, provided that
the other lawyer has been given notice by
the client that his services have been
terminated.
 A lawyer should not in any way
communicate upon the subject of
controversy with a party represented by
counsel, much less should he undertake to
negotiate or compromise the matter with
him, but should deal with his counsel.
 Any person who seeks relief against an
unfaithful or neglectful lawyer may approach
another lawyer for proper advice and
assistance. Any advice or assistance
extended after proper verification is not
encroaching upon the business of another
lawyer for such act is justified under the
circumstances.
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d. No assistance in unauthorized
practice of law
CANON 9: A LAWYER SHALL NOT,
DIRECTLY OR INDIRECTLY, ASSIST IN
THE UNAUTHORIZED PRACTICE OF LAW.
Public policy requires that the practice of law be
limited to those individuals found duly qualified
in education and character. The permissive right
conferred on the lawyer is an individual and
limited privilege subject to withdrawal if he fails
to maintain proper standards of moral and
professional conduct. And the law makes it
misbehavior on his part, subject to disciplinary
action, to aid a layman in the unauthorized
practice of law (Agpalo, Legal and Judicial Ethics,
2009 ed, p.113).
 At the hearing, the respondent admitted
that the letterhead of Cristal-Tenorio Law
Office listed Felicisimo R. Tenorio, Jr.,
Gerardo A. Panghulan, and Maricris D.
Battung as senior partners. She admitted
that the first two are not lawyers but
paralegals. They are listed in the letterhead
of her law office as senior partners because
they have investments in her law office.
That is a blatant misrepresentation
(Cambaliza v. Atty. Cristal-Tenorio, A.C. No.
6290, July 14, 2004).
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.
Note: A lawyer should not delegate to a layman
any work which involves the application of law,
such as the computation and determination of
the period within which to appeal an adverse
judgment, the examination of witnesses or the
presentation of evidence, because these involve
the practice of law which may be undertaken
only by a lawyer. However, a lawyer can employ
lay secretaries, lay investigators, lay detectives,
lay researchers, accountants or non-lawyer
draftsmen, to undertake any task not involving
practice of law. He may also avail himself of the

assistance of law students (Agpalo, Legal and
Judicial Ethics, 2009 edp. 115-116).
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:
1. Where there is a pre-existing agreement
with a partner or associate that, upon the
latter’s death, money shall be paid over a
reasonable period of time to his estate or to
persons specified in the agreement; or
2. Where a lawyer undertakes to complete
unfinished legal 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
profitable sharing arrangement.
A lawyer can only divide or stipulate to
divide fees for legal services with another
lawyer who had rendered legal services with
him in a case or legal work.
 An agreement providing for the division of
attorney’s fees, whereby a non-lawyer
(union president) is allowed to share in said
fees with lawyers, is condemned by Canon
34 of Legal Ethics and is immoral and
cannot be justified (PAFLU vs. Binalbagan
Isabela Sugar Company, 42 SCRA
November 29, 1971).
3. To the courts
 THE LAWYER AND THE COURTS
a. Candor, fairness and good
towards the court
CANON 10: A LAWYER OWES CANDOR,
FAIRNESS AND GOOD FAITH TO THE
COURT.
Duty of Candor to the Courts
 This flows out from the lawyer's oath which
each lawyer solemnly swears to uphold the
law and court processes in the pursuit of
justice. Thus, a lawyer must be more
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circumspect in his demeanor and attitude
towards the public
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in general as agents of
the judicial system. Because of the particular
nature of an attorney’s function it is
essential that they should act with fairness,
honesty and candor towards the courts and
his clients (Dr. Villahermosa vs. Atty. Caracol,
A.C. No. 7325, January 21, 2015).
Duty to Obey Court Orders
 Lawyers should obey court orders and
processes and willful disregard thereof will
subject the lawyer not only to punishment
for contempt but to disciplinary sanctions as
well. In fact, graver responsibility is imposed
upon a lawyer than any other to uphold the
integrity of the courts and to show respect
to their processes (Bantolo vs. Castillon Jr.,
A.C. No. 6589, December 19, 2005) . Willful
disobedience of the lawful order of courts
under Section 27, Rule 138 of the Rules of
Court is in itself a sufficient cause for
suspension or disbarment (Ong vs. Grijaldo, 450
Phil 1, April 30, 2003).
 The duty to obey court orders exists no
matter how minor the court order may
seem. Failure to receive court orders is not
an excuse where there is apparent
negligence on part of the lawyer (People vs.
De Jesus, G.R. No. L-39087, August 29, 1975).
302,
 The courts’ orders, however erroneous they
may be, must be respected, especially by
the bar or the lawyers who are themselves
officers of the courts. Court Orders are to be
respected not because the judges who issue
them should be respected, but because of
faith the respect and consideration that should be
extended to the judicial branch of the
Government. This is absolutely essential if
our Government is to be a government of
laws and not of men (De Leon vs. Torres, 99
Phil. 462, June 30, 1956).
Duty to File Pleadings on Time
 A lawyer must be alert and attentive to
when pleadings are due. While liability for
late filings may be exculpated by fortuitous
events or force majeure, the absence of
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these factors will hold the lawyer liable for
such an infraction (People v. Villar, Jr., G.R.
No. L-34092, July 29, 1972).
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.
Duty of Fidelity to the Courts
 As an officer in the temple of justice, an
attorney has irrefragable obligations of
“truthfulness, candor and frankness”.
Indeed, candor and frankness should
characterize the conduct of the lawyer at
every stage. This has to be so because the
court has the right to rely upon him in
ascertaining the truth (Pangan v. Ramos, A.C.
No. 1053, September 7, 1979).
 The claimant-appellant was under the
mistaken impression that the case is still
pending and enacted upon before the Court
of Appeals upon the end of the Second
World War. This party filed a motion for the
reconstitution of the records before the CA.
Unknown to this claimant-appellant; the CA
had already rendered a decision in his favor
on 9 September 1942. Instead of taking
advantage of this, the lawyer of the
opposing party dutifully informed the court
that the case had been decided in favor of
said claimant-appellant, attaching a copy of
the decision promulgated in order to spare
the court of deciding again a case already
decided (Director of Lands v. Adorable, A.C. No.
8197, October 31, 1946).
Requirements of Candor
a. A lawyer shall not suppress material and
vital facts which bear on the merit or lack of
merit of the complaint or petition.
b. A lawyer shall volunteer to the court any
development of the case which has
rendered the issue raised moot and
academic.
c. Disclose to court any decision adverse to his
position of which opposing counsel is
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apparently ignorant and which court should
consider in deciding a case.
d. He shall not represent himself as a lawyer
for a client, appear in court and present
pleadings in the latter’s behalf, only to claim
later that he was not authorized to do so.
 Falsehood through inattention or
carelessness and without intent to deceive is
still sanctionable. But in a later case, it was
held that assuming that an affidavit is a
perjured statement, where there is no
evidence to show the lawyer’s awareness of
the falsity thereof, the lawyer cannot be
held liable. The lawyer would have no
intention of misleading the court (Narido vs.
Linsangan, A.C. No. 944, July 25, 1974).
Note: Falsehoods which cause no material
damage but which was done merely to
overcome a technical hurdle is still sanctionable.
 Knowingly making false allegations in the
pleadings is an attempt to mislead the court.
It is neither candid nor fair for a lawyer to
knowingly make false allegations in a judicial
pleading or to misquote the contents of a
document, the testimony of a witness, the
argument of opposing counsel of the
contents of a decision (Occena vs. Marquez,
G.R. No. L-27396, September 30, 1974).
Rule 10.02: A lawyer shall not knowingly
misquote or misrepresent the contents of
paper, the language or the argument of
opposing counsel, 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.
Duty to Give Accurate Quotations and
Citations
This Rule sanctions an intentional
misrepresentation of authorities. Arguments in
law or in prior court decisions are mostly based
upon precedents. These precedents must be
made to apply, as accurately as possible, to the
facts of the present case. A misrepresentation of
these laws or court decisions would be an

unauthorized rewriting of established legal
principles. If a lawyer believes that existing legal
principles should not be applied or should be
abandoned, he must state so and state his
reasons.
How to Quote Court Decisions
 Court decisions and rulings must be
reproduced, copied or quoted word-for-word
and punctuation mark-for-punctuation mark.
The rationale for this is that only from the
Supreme Court’s decisions and rulings do all
other courts, as well as lawyers and
litigants, take bearings (The Insular Life
Assurance Co., Ltd., Employees Association-
NATU v. The Insular Life Assurance Co., Ltd.,
G.R. No. L-25291, January 30, 1971). Thus,
ever present is the rule that if not faithfully
and exactly quoted, the decisions and
rulings of this Court may lose their proper
and correct meaning, to the detriment of
other courts, lawyers and the public who
may thereby be misled (Miranda et al. vs.
Imperial et al., 77 Phil. 1066, February 28, 1947).
 However, when a lawyer attempts to
interpret or analyze a court decision stating
that the "ruling in effect" espoused a
particular position, such interpretation would
be a mere argument fully within the bounds
of earnest debate, rather than a deception
(Del Rosario vs. Chingcuangco, G.R. No. L-
25503, December 17, 1966) On the other
hand, intentional misrepresentation of the
law in order to circumvent or violate it must
be condemned (Banogon vs. Zerna, G.R. No. L-
35469, October 9, 1987).
Rule 10.03: A lawyer shall observe the
rules of procedure and shall not misuse
them to defeat the ends of justice.
Duty of Fidelity to the Rules of Court
 The Rules of Court have the force and effect
of law. It cannot be misused to defeat the
ends of justice since they were adopted
primarily to enhance fair trial and for
expeditious justice (Republic vs. CA, G.R. No.
L-3103-04, May 31, 1978). Rules of procedure
are not to be applied in a very rigid,
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technical sense; rules of procedure are used
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only to help secure substantial justice. If a
technical and rigid enforcement of the rules
is made, their aim would be defeated.
Where the rules are merely secondary in
importance are made to override the ends
of justice; the technical rules had been
misapplied to the prejudice of substantial
right of a party, said rigid application cannot
be countenanced (Udan vs. Amon, G.R. No. L-
24288).
 Filing multiple actions constitutes an abuse
of the Court’s processes. Those who file
multiple or repetitive actions subject
themselves to disciplinary action for
incompetence or willful violation of their
duties as attorneys to act with all good
fidelity to the courts and to maintain only
such actions that appear to be just and
consistent with truth and honor (Olivares, et
al vs. Atty. Villalon, Jr., A.C. No. 6323, April 13,
2007).
b. Respect for courts and judicial officers
CANON 11: A LAWYER SHALL OBSERVE
AND MAINTAIN THE RESPECT DUE TO THE
COURTS AND TO JUDICIAL OFFICERS AND
SHOULD INSST ON SIMILAR CONDUCT BY
OTHERS.
Duty to Give Respect to the Courts
 As an officer of the court, it is the duty of a
lawyer to uphold the dignity and authority of
the court to which he owes fidelity,
according to the oath he has taken. Respect
for the courts guarantee the stability of our
democratic institutions which, without such
respect, would be resting on a very shaky
foundation (Montecillo vs. Gica, G.R. No. L-
36800, October 21, 1974).
 Court orders, however erroneous they may
be, must be respected especially by lawyers
who are themselves officers of the courts.
Court orders are to be respected not
because the judges who issue them should
be respected, but because of the respect
and consideration that should be extended
to the judicial branch of the government (De
Leon v. Torres, A.C. No. 180, June 30, 1956).
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 Alleged erroneous orders or decisions can
be remedied by an aggrieved party without
recourse to administrative complaints
against the judge. It is a matter of public
policy that in the absence of fraud,
dishonesty or corruption, the acts of a judge
in his judicial capacity are not subject to
disciplinary action even though such acts
are erroneous (Boquiren vs. Del Rosario-Cruz,
A.C. No. MTJ-94-894, June 2, 1995).
 Judges may not be held civilly liable for their
official actions (Forbes vs. Chuoco Tiaco, 16
Phil. 534, July 30, 1910)
 However, lawyers must be more prudent in
filing administrative charges against
members of the judiciary. Filing of baseless
and frivolous administrative complaints
against judges is a clear harassment to
exact vengeance against a judge for
rendering adverse judgment (Balaoing vs.
Calderon, A.M. No. RTJ-90-580, April 27, 1993).
When a counsel makes accusations of
irregularities or misfeasance against a judge,
expressly or impliedly by insinuations, he should
be prepared to substantiate the accusations. A
lawyer held to account for his claims but fails to
do so may be held accountable for misconduct.
Even lawyers passionately and vigorously
propound their point of view; they are bound by
certain rules of conduct for the legal profession.
This Court is certainly not claiming that it should
be shielded from criticism. All the Court
demands are the same respect and courtesy
that one lawyer owes to another under
established ethical standards. All lawyers,
whether they are judges, court employees,
professors or private practitioners, are officers of
the Court and have voluntarily taken an oath, as
an indispensable qualification for admission to
the Bar, to conduct themselves with good
fidelity towards the courts. There is no
exemption for this sworn duty for law
professors, regardless of their status in the
academic community or the law school to which
they belong (Re: Letter of the UP Law Faculty
entitled “Restoring Integrity: A statement by the
36 |CENTER FOR LEGAL EDUCATION AND RESEARCH
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Faculty of the University of the Philippines College of
Law on the allegations of plagiarism and
misrepresentation in the Supreme Court, A.M. No. 1-
10-4-SC, March 8, 2001).
Contempt - The willful disobedience to or open
disrespect of the valid rules, orders, or process,
or the dignity or authority of a court or a judge
acting in a judicial capacity whether by
contumacious or insolent language, by
disturbing or obstructive conduct, or by mere
failure to obey the orders of a court.
 Contempt citation is determined by the trial
judge. The Supreme Court has accorded the
utmost reliance on the appraisal of the
judge on the necessity of a contempt
citation (Carag vs. Warden of Jail of Cagayan,
53 Phil. 85). In addition to the sanctions for
the contemptuous behavior, the lawyer may
be subject to further disciplinary action
(Fernandos v. Reyes, G.R. No. L038502, May 30,
1975). Lawyers facing contempt proceedings
may not be allowed to retire as such would
negate the power to punish him for
contempt (Montecillo vs. Gica, G.R. No. L-
36800, October 21, 1974).
 However, the power to punish contempt
should be exercised on the preservative and
not on the vindictive principle. Only
occasionally should the Court invoke its
inherent power in order to retain that
respect without which the administration of
justice must falter or fail (Villavicencio vs.
Lukban, 39 Phil. 778).
INDIRECT
DIRECT CONTEMPT
CONTEMPT
The contemnor may
be punished only after
charges in writing has
The respondent may be
been filed, and an
summarily adjudged in
opportunity given to
contempt.
the accused to be
heard by himself or by
counsel.
Only judgments of
contempt by MTCs, Judgment is
MCTCs and MeTCs are appealable.
appealable.

Rule 11.01: A lawyer shall appear in court
properly attired.
It should be Barong Tagalog or a suit, either of
which is the recognized formal attire in the
country (Agpalo, Legal and Judicial Ethics, 2009 ed.,
pp. 152-153). For the lady lawyers, the
appropriate business attire would be proper. In
general, the proper attire would be the
contemporary business suit. A lawyer not
wearing the proper attire in court may be held in
contempt of court. In addition to clothes, the
lawyer must be clean, neat and well-groomed
(Funa, Legal and Judicial Ethics: With Bar
Examination Questions, 2009, p. 170).
Q: Why are lawyers specifically required to
be properly attired before courts?
A: Respect begins with the lawyer’s outward
physical appearance in court. Sloppy or
informal attire adversely reflects on the
lawyer and demeans the dignity and
solemnity of court proceedings (Agpalo, Legal
and Judicial Ethics, 2009 ed, p. 153).
Rule 11.02: A lawyer shall punctually
appear at court hearings.
Punctuality is demanded by the respect which a
lawyer owes to the court, the opposing counsel
and to all the parties to the case. It is not an
excuse that his tardiness was caused by matters
which could reasonably be foreseen or
anticipated, such as the traffic or breakdown of
his vehicle. A lawyer must be diligent in ensuring
his punctuality by being aware of his schedule
for the day and the reasonable travel time to
and from his appointments.
Rule 11.03: A lawyer shall abstain from
scandalous, offensive or menacing
language or behavior before the courts.
 The proper language demanded of lawyers
pertains not only to the oral language
uttered during the trial but also written
language in the pleadings. This respectful
attitude towards the courts is to be
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observed, not for the sake of the temporary
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incumbent of the judicial office, but for the
maintenance of its supreme importance.
And it is through a scrupulous preference for
respectful language that a lawyer best
demonstrates his observance of the respect
due to the courts and judicial officers
(Guerrero vs. Villamor, 179 SCRA 355, November
13, 1989).
 An insolent language in a pleading
constitutes direct contempt. It is contempt
in facie curiae committed with wanton
malice (Salcedo vs. Hernandez, G.R. No. 42992,
August 8, 1935).
 The lady senator clearly violated Canon 8,
Rule 8.01 and Canon 11 of the Code of
Professional Responsibility, however, her
statements were covered by the
constitutional provision on parliamentary
immunity, being part of a speech she
delivered in the discharge of her duty as
member of Congress or its committee.
Indeed, her privilege speech is not
actionable criminally or in a disciplinary
proceeding under the Rules of Court (Pobre
v. Defensor-Santiago, A.C. No. 7399, August 25,
2009).
Rule 11.04: A lawyer shall not attribute to
a judge motives not supported by the
record or have no materiality to the case.
Well recognized is the right of a lawyer, both as
an officer of the court and as a citizen, to
criticize in properly respectful terms and through
legitimate channels the acts of courts and
judges (In re: Almacen, 140 Phil. 353, February 18,
1970).
Rule 11.05: A lawyer shall submit
grievances against a judge to the proper
authorities only.
Proper Authority: The Supreme Court shall
have administrative supervision over all courts
and personnel thereof (Sec. 6, Art. VIII, 1987
Constitution).
Duty to Observe the Proper Grievance
Mechanism
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All grievances against judges must be presented and how they will teach. But it must be pointed
before the Supreme Court as the disciplining out that there is nothing in the Show Cause
authority over all judges. The Ombudsman is Resolution that dictates upon respondents the
duty-bound to have all cases against judges and subject matter they can teach and the manner
court personnel filed before it referred to the of their instruction. Moreover, it is not
Supreme Court for determination as to whether inconsistent with the principle of academic
an administrative aspect is involved. freedom for the Court to subject lawyers who
teach law to disciplinary action for contumacious
Elements of unjust judgment by a judge conduct and speech, coupled with undue
intervention in favor of a party in a pending
1. It must be shown beyond reasonable doubt case, without observing proper procedure, even
that the judgment is unjust as it is contrary if purportedly done in their capacity as teachers
to law or is not supported by evidence; and (Re: Letter of the UP Law Faculty entitled “Restoring
2. The same was made with conscious and Integrity: A statement by the Faculty of the University
deliberate intent to do an injustice (In re: of the Philippines College of Law on the allegations of
Rafael Climaco, No. 134-J, January 21, 1974). plagiarism and misrepresentation in the Supreme
Court, A.M. No. 1-10-4-SC, March 8, 2001).
Elements of inexcusable negligence in
rendering an unjust judgment by a judge c. Assistance in the speedy and efficient
administration of justice
1. It must be shown that he has acted without
malice; CANON 12: A LAWYER SHALL EXERT
2. It must be shown that he failed to observe EVERY EFFORT AND CONSIDER IT HIS
in the performance of his duty, that DUTY TO ASSIST IN THE SPEEDY AND
diligence, prudence, and care which the law EFFICIENT ADMINISTRATION OF JUSTICE.
is entitled to exact in the rendering of any
public service; and  This canon underscores the duty of a lawyer
3. It is due to such negligence that an unjust to assist in the speedy and efficient
judgment is rendered. administration of justice. While a lawyer
Note: Negligence and ignorance are owes their entire devotion in the interest of
inexcusable if they imply a manifest injustice their clients and zeal in the defense of their
which cannot be explained by a reasonable client’s right, they should not forget that
interpretation. they are, first and foremost, officers of the
court, bound to exert every effort to assist
On Lawyer’s Freedom of Expression in the speedy and efficient administration of
justice (Foronda v. Guerrero, A.C. N. 5469,
August 10, 2004).
Academic freedom cannot be successfully
invoked by respondents. The implicit ruling in
The speedy and efficient administration of
jurisprudence is that the constitutional right to
justice is, however, the duty not only of the
freedom of expression of members of the Bar
lawyers but also of the judge as well. Congested
may be circumscribed by their ethical duties as
conditions of court dockets are deplorable and
lawyers to give due respect to the courts and to
intolerable. It can have no other result than the
uphold the public’s faith in the legal profession
loss of evidence, the abandonment of cases, and
and the justice system. The reason that freedom
the denial and frequent defeat of justice. It
of expression may be so delimited in the case of
lowers the standards of the courts, and brings
lawyers applies with greater force to the
them into disrepute (In re Flordeliza, 44 Phil. 608,
academic freedom of law professors. It is not
March 12, 1923).
contested that respondent professors are, by
law and jurisprudence, guaranteed academic
Rule 12.01: A lawyer shall not appear for
freedom and undisputedly, they are free to
trial unless he has adequately prepared
determine what they will teach their students
38 |CENTER FOR LEGAL EDUCATION AND RESEARCH

himself on the law and the facts of his
case, the evidence he will adduce and the
order of its preferences. He should also be
ready with the original documents for
comparison with the copies.
Note: Rule 12.01 dictates that it is a duty of a
lawyer to be prepared for trial. A lawyer’s toil
and hard work begins with preparation. The
lawyer first studies the facts of the case, then
studies the laws applicable to the said case.
 Repeatedly requesting postponement of a
hearing on vague and unacceptable grounds
such as that “he has not finished his
business transactions in Manila” and that
“he hurt his right foot toe” and then failing
to appear at a hearing after having been
warned that no further postponement will
be granted. The Court held that such an
attitude constitutes disrespect for the courts
(Javellana vs. Lutero, G.R. No. L-23956, July 21,
1967).
Rule 12.02: A lawyer shall not file multiple
actions arising from the same cause.
Forum Shopping
The elements of forum shopping are:
a) Identity of parties or at least such parties
represent the same interests in both
actions;
b) Identity of the rights asserted and the reliefs
prayed for, the relief being founded on the
same facts; and
c) The identity of the two preceding
particulars, such that any judgment
rendered in the other action will, regardless
of which party in successful amount to res
judicata in the action under consideration.
Ways of Committing Forum Shopping
1. Filing multiple cases based on the same
cause of action and with the same prayer,
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the previous case not having been resolved
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yet (ground for dismissal is litis pendentia);
2. Filing of multiple cases based on the same
cause of action and the same prayer, the
previous case having been finally resolved
(ground for dismissal is res judicata); and
3. Filing multiple cases based on the same
cause of action but with different prayers
(splitting the causes of action; ground for
dismissal is either litis pendentia or res
judicata) (Collantes vs. Court of Appeals, G.R.
No. 169604, March 6, 2007).
Note: If the forum shopping is not considered
willful and deliberate, the subsequent cases shall
be dismissed without prejudice on one of the
two grounds mentioned above. However, if the
forum shopping is willful and deliberate, both (or
all, if there are more than two) actions shall be
dismissed with prejudice.
 That even in the judiciary, the rule requiring
a certification of non-forum shopping may
be relaxed when so warranted (Office of the
Ombudsman et al. vs. Valera, et al., G.R. No.
164250, September 30, 2005).
 Res judicata should be distinguished from
forum shopping. When a present case filed
is barred by a prior final judgment, what
results is res judicata and not forum
shopping. Forum shopping requires another
pending case to speak of (Carlet vs. Ca, G.R.
No. 114275, July 7, 1997).
 The mere filing of several cases based in the
same incident does not necessarily
constitute forum shopping. The question
whether the several actions filed involve the
same transactions, essential facts and
circumstances. If they involve essentially
different facts, circumstances and causes of
action, there no forum shopping (Paredes vs.
Sandiganbayan, G.R. No. 108251, January 31,
1996).
Penalties for violation of the Rule against
Forum Shopping
a) Failure to comply with the foregoing
requirements shall not be curable by mere
amendment of the complaint or other
initiatory pleading but shall be cause for the
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dismissal of the case without prejudice,
unless otherwise provided, upon motion and
after hearing;
b) The submission of a false certification or
non-compliance with any of the
undertakings therein shall constitute indirect
contempt of court, without prejudice to the
corresponding administrative and criminal
actions; and
c) If the acts of the party or his counsel clearly
constitute willful and deliberate forum
shopping, the same shall be ground for
summary dismissal with prejudice and shall
constitute direct contempt, as well as a
cause for administrative sanctions (Sec. 5,
Rule 7, Rules of Civil Procedure).
Rule 12.03: A lawyer shall not, after
obtaining extensions of time to file
pleadings, memoranda or briefs, let the
period lapse without submitting the same
or offering an explanation for his failure to
do so.
 The grant of extensions of time to file
pleadings is mere liberality upon the
granting authority. Hence, such liberality
must not be taken for granted or abused.
Pursuant to the Rule 46, Section 15 of the
Rules of Court, an “extension of time for
filing of briefs will not be allowed except for
good and sufficient cause, and only if the
motion for extension is filed before the
expiration of the time sought to be
extended.” Allowance or denial of motions
for extension of time to file briefs is
addressed to the sound discretion of the
court. (Roxas vs. CA, G.R. No. L-76549,
December 10, 1987). Motions for extensions
are not granted as a matter of right but in
the sound discretion of the court, and
lawyers should never presume that their
motions for extension or postponement will
be granted or that they will be granted the
length of time they pray for (Diman vs.
Alumbres, 299 SCRA 459, November 27, 1998).
Rule 12.03 recognizes the possibility of pleading
being filed late, provided that the counsel must
offer “an explanation for his failure to do so”
which must be acceptable. It is imperative,
40 |CENTER FOR LEGAL EDUCATION AND RESEARCH
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therefore, that the counsel submits his
explanation for such belated filings.
Lawyers should not presume that the extensions
that may be granted shall be counted from
notice. Hence, lawyers should not wait until their
motion for extension is acted upon. They should
file their pleadings within the period which they
requested in their motion for extension.
 When the new lawyer is engaged midstream
when the case is ongoing litigation, that new
lawyer is obliged to work double-time to
bring himself up-to-date with the case. A
new counsel who accepts a case in
midstream is presumed and obliged to
acquaint himself with all the antecedent
processes and proceedings that have
transpired in the record prior to his take
over (Villasis vs. CA, 60 SCRA 120, September
30, 1974).
Rule 12.04: A lawyer shall not unduly
delay a case, impede the execution of a
judgment or misuse court processes.
 A lawyer has the duty against dilatory
moves and misuse of court processes and
the duty to expedite litigation. Delay breeds
disrespect for the law and bring the
administration of justice into disrepute.
Delay should not be resorted to for the
convenience of the counsels or for
frustrating an opposing party’s legal
recourse. Technicalities, when they are not
in aid to justice, deserve scant consideration
from the courts. Hence, a party should not
be permitted to invoke defect of form where
no prejudice to substantial rights are
involved (Alonso vs. Villamor, G.R. No. 2353,
July 26, 1910).
 Also, when the accused has caused all the
delays in the prosecution of the case
through several postponements and
requests for reinvestigation, he is deemed to
have waived or abandoned his right to a
speedy trial as it would be a mockery of the
criminal justice system if the accused would
be allowed to benefit from his own wrong

doings and dilatory maneuvers (People vs.
Jardin, G.R. No. L-33037, August 17, 1983).
The Supreme Court has, in several instances,
imposed treble costs against parties for their
dilatory and frivolous tactics.
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.
Note: It is a duty of a lawyer to refrain from
coaching a witness under examination. There is
a difference between adequately preparing a
witness and coaching the witness about what to
say.
Witness Preparation
Witness preparation helps the attorney evaluate
the witness and the testimony. The lawyer is
then better equipped to advise the client of the
intended testimony and the witnesses’ ability to
convey the information and advocate the
strengths of the testimony. Witness preparation
should occur before the testimony and counsel
should not coach the witness during a
deposition or during a break in sworn testimony.
Instead, counsel should utilize the time during
the cross or re-direct examination to help clarify
responses which may be misunderstood of
misinterpreted and attempt to ethically
rehabilitate the testimony.
Witness Preparation vs. Witness Coaching
WITNESS WITNESS
PREPARATION COACHING
Attorney is helping a Attorney is obfuscating
witness communicate the the truth or instructing
truth. the witness to lie.
Helps put the witness at Coaching
ease and allows them to unsophisticated
understand the witness may make the
parameters of their testimony appear
testimony and the proper contrived, rehearsed,
procedures and unreliable.
Rule 12.06: A lawyer shall not knowingly
assist a witness to misrepresent himself or
to impersonate another.
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The law and disciplinary rules prohibit the use of
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fraudulent, false, or perjured testimony or
evidence. A lawyer who knowingly participates
in introduction of such testimony or evidence is
subject to discipline. When evidence that a
lawyer knows to be false is provided by a person
who is not the client, the lawyer must refuse to
offer it regardless of the client’s wishes.
Corrupt Witnesses
 When a corrupt witness manages to testify
in court and the judge is convinced that a
witness before him is deliberately, willfully
and corruptly swearing falsely on a material
matter, it is not only his right but it is his
duty to see that such witness is duly
prosecuted. Hence, the judge may
immediately order the prosecution of said
witness for perjury. The rationale for this is
that a court cannot believe the witnesses
who testify before him, then his judgment is
but a guess and real justice is impossible.
There is nothing more fatal to justice than a
corrupt witness (U.S. vs. Lumampao, G.R. No.
6692, September 2, 1911).
The witness who commits misrepresentation is
criminally liable for false testimony either under
Articles 181, 182 or 183 of the RPC, depending
upon the nature of the case. The lawyer who
induces a witness to commit false testimony is
equally guilty as the witness.
Note: The lawyer who presented a witness
knowing him to be a false witness is criminally
liable for offering false testimony in evidence
(Art. 184, RPC). The lawyer who is guilty of the
above offense is both criminally and
administratively liable.
 Subornation of perjury is committed by a
an person who knowingly and willfully procures
another to swear falsely and the witness
suborned does testify under circumstances
rendering him, guilty of perjury (U.S. vs.
Ballena, 18 Phil. 382, February 10, 1911).
Rule 12.07: A lawyer shall not abuse,
browbeat or harass a witness nor
needlessly inconvenience him.
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A witness is presented to enlighten the court
with facts within that witness’ personal
knowledge. He or she is not an antagonistic
party. The testimony of such witness is
presumed to be the truth unless discredited by
refuting evidence. As such, the witness should
be respected and treated with politeness and
courtesy.
Q: What are the rights and obligations of a
witness?
A: 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 interests
of justice require;
3. Not to be examined except only as to
matters pertinent to the issue;
4. Not to give an answer which will tend to
subject him to a penalty for an offense
unless otherwise provided by law; or
5. Not to give an answer which will tend to
degrade his reputation, unless it be 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 (Sec. 3, Rule 132).
Rule 12.08: A lawyer shall avoid testifying
in behalf of his client, except:
1. On formal matters, such as the mailing,
authentication or custody of an instrument,
and the like, or
2. 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.
Note: It is a duty of a lawyer not to be a
witness and counsel at the same time. If a
lawyer is both counsel and witness, he becomes
more easily impeachable for interest and thus
may be less effective witness. The public will be impartiality of the judge. Hence, any
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inclined to believe that a lawyer’s testimony is
altered to serve the client’s interest. Conversely,
the opposing counsel may be handicapped in
challenging the credibility of the lawyer when
the lawyer also appears as an advocate in the
case. However, the prohibition does not apply to
a former counsel.
The basis for the rule is first, it is designed to
protect the integrity of the advocate’s
professional role by preserving the distinction
between advocacy, which is based on reason
and subject to objective evaluation, and
testimony, which is based on the witness’ moral
qualities and is evaluated in terms of individual
credibility. Second, it is corollary to the rule that
an advocate may not inject personal belief as to
the cause into argument to the judge. In other
words, it eliminates the opportunity to mix
argument and fact.
Remedy where a lawyer must testify as
witness
 Note that the Rule uses the word “avoid”,
and the rule does not impose an iron-clad
prohibition. Hence, the lawyer may become
a witness when his testimony is vital but to
avoid any ethical issues, the lawyer must
withdraw from the active management of
the case (PNB vs. Uy Teng Piao, G.R. No.
35252, October 21, 1932).
d. Reliance on merits of his cause and
avoidance of any impropriety which
tends to influence or gives the
appearance of influence upon the
courts.
CANON 13: 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
Note: It is a lawyer’s duty not to influence
judges. While the judge is mandated to avoid
impropriety or the appearance of partiality, the
lawyer is also mandated to maintain the

inappropriate ex parte communication with the
judge is disallowed.
Rule 13.01: A lawyer shall not extend
extraordinary attention or hospitality to,
nor seek opportunity for cultivating
familiarity with judges.
While a lawyer is duty-bound to give respect
and reasonable deference to judges, it must not
be excessive or extraordinary. While closeness
cannot be avoided with those lawyers having a
genuine affinity with a judge, such as being a
former law school classmate, being a neighbor
or a fraternity brother, both lawyer and judge
must be aware and conscious as to where such
friendship must end.
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.
A lawyer has a duty to refrain from resorting to
the bar of public opinion during the pendency of
a case. It has always been a contentious issue
demarcating the boundary between the right to
a fair trial and the right of free expression by
communicating to the media on matters of
public interest over a particular case.
 The right to criticize is recognized in
concluded litigations because then the
court’s actuations are thrown open to public
consumption and discussion (Strebel v.
Figueras, 96 Phil. 321). As citizen and officer
of the court, every lawyer is expected not
only to exercise the right, but also to
consider it his duty to expose the
shortcomings and indiscretions of courts and
judges (In re: Almacen, G.R. No. L-27654,
Februray 18, 1970).
Sub Judice Rule
The rule governs what public statements,
whether orally or in published writings, can be
made about matters pending in legal
proceedings before the courts. The basis for the
sub judice rule is that the courts must be
allowed to deal with the legal issues that are
before it free from undue interference and
influences. The rule applies where court
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proceedings are ongoing, and though all stages
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of appeal until the matter is completed. The rule
is not limited to parties in a case or their
lawyers. It applies as well to the public and
public officials including legislators. The sub
judice rule is violated by public statements that
risk prejudicing matters or issue that are before
the courts. It is the concept of prejudging,
causing prejudice, which is central to the rule.
Freedom of expression and press freedom are
not curtailed for these freedoms should not take
precedence over the proper administration of
justice. In certain cases, however, public interest
in a particular case can outweigh any potential
threat to a fair trial. The public importance of
the case may constitute a defense to a sub
judice contempt charge (Funa, Legal and Judicial
Ethics: With Bar Examination Questions, 2009, p.
213).
The Principle of Open Justice
The principle of open justice refers to the public
right to scrutinize and criticize courts and court
proceedings. The principle assists in preventing
judicial arbitrariness or idiosyncrasy and
maintaining public confidence in the
administration of justice (Funa, Legal and Judicial
Ethics: With Bar Examination Questions, 2009, p.
214).
Q: When does a trial by publicity become
prejudicial?
A: To warrant a finding of prejudicial publicity,
there must be allegation and proof that the
judges have been unduly influenced, not
simply that they might be, by the barrage of
publicity (People v. Teehankee, Jr., G.R. No.
111206-08, October 6, 1995).
In so far as criminal proceedings are
concerned, two classes of publicized speech
made during the pendency of the
proceedings can be considered as
contemptuous: first, comments on the merits
of the case, and second, intemperate and
unreasonable comments on the conduct of
the courts with respect to the case (Lejano v.
People, G.R. No. 176389, December 14, 2010).
RULE 13.03: A LAWYER SHALL NOT
BROOK OR INVITE INTERFERENCE BY
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ANOTHER BRANCH OR AGENCY OF THE
GOVERNMENT IN THE NORMAL COURSE
OF JUDICIAL PROCEEDINGS.
All lawyers must uphold, respect and support
the independence of the judiciary. This
independence from interference is made to
apply against all branches and agencies of the
government.
Judicial Independence – This doctrine
provides that decisions of the judiciary should be
impartial and not be subject to influence from
other branches of government or from private or
political interests.
Two types of judicial independence
1. Institutional Independence – The
judicial branch is independent from the
executive and legislative branches.
2. Decisional Independence – Judges
should be able to decide cases solely base
on law and facts, without letting the media,
politics or other concerns sway their
decisions, and without fearing penalty in
their careers for their decisions.
 The Supreme Court accordingly
administered a reprimand to respondent for
gross ignorance of law and of the
Constitution in having asked the President to
set aside by decree the Court’s decision
which suspended him for two years from the
practice of law (De Bumanglag vs. Bumanglag,
A.M. No. 188, November 29, 1976).
4. To the clients
THE LAWYER AND THE CLIENT
Attorney-client relationship
1. Strictly personal – as it involves mutual
trust and confidence of the highest degree
irrespective of whether the client is a private
person or a government fiduciary; and
2. Highly confidential and fiduciary –
because it demands of an attorney an
undivided allegiance, a conspicuous and
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high degree of good faith, disinterestedness,
candor, fairness, loyalty, fidelity and
absolute integrity in all his dealings and
transactions with his clients and an utter
renunciation of every personal advantage
conflicting in any way, directly or indirectly,
with the interest of his client (Daroy vs.
Legaspi, A.M. No. 936, July 25, 1975).
How Relationship is Created
1. Oral Contract – when the counsel is
employed without a written agreement, but
the conditions and amount of attorney’s fees
are agreed upon.
2. Express Contract – when the terms and
conditions including the amount of fees are
explicitly stipulated in a written document
which may be a private or public document.
Written contract of attorney’s fee is the law
between the lawyer and the client.
3. Implied Contract – when there is no
agreement, whether oral or written, but the
client allowed the lawyer to render legal
services not intended to be gratuitous
without objection, and the client is benefited
by reason thereof (Pineda, Legal Ethics
Annotated, p. 318).
 An acceptance of the relation is implied
on the part of the attorney from his
acting in behalf of his client in
pursuance of a request by the latter (7
C. J. S., 848-849; see Hirach Bros. and Co.
vs. R. E. Kennington Co., 88 A. L. R., 1.).
 The absence of a written contract will
not preclude the finding that there was
a professional relationship which merits
attorney's fees for professional services
rendered. Documentary formalism is not
an essential element in the employment
of an attorney; the contract may be
express or implied. To establish the
relation, it is sufficient that the advice
and assistance of an attorney is sought
and received in any matter pertinent to
his profession. An acceptance of the
relation is implied on the part of the
attorney from his acting on behalf of his

client in pursuance of a request from
the latter (Donald Dee, petitioner, vs. Court
Of Appeals and Amelito Mutuc,
respondents.).
In Burbe vs. Magulta (AC No. 99-634, June 10,
2002), the Supreme Court summarized the
governing principles of establishing an
attorney-client relationship:
 It is established from the very first
moment the client asked the attorney
for legal advice regarding the former’s
business. To constitute professional
employment, it is not essential that the
client employed the attorney
professionally on any previous occasion.
 It is not necessary that any retainer be
paid, promised, or charged; nor is it
material that the attorney consulted did
not afterward handle the case for which
his service had been sought.
However, let it be stressed that the
authority of an attorney begins with his
or her retainer. It gives rise to a
relationship between an attorney and a
client that is highly fiduciary in nature
and of a very delicate, exacting, and
confidential character, requiring a high
degree of fidelity and good faith
(Valeriana U. Dalisay V. Atty. Melanio
Mauricio, Jr., A.C. No. 5655, January 23,
2006).
If a person in respect to business affairs or
troubles of any kind, consults an attorney
with a view to obtaining professional advice
or assistance, and the attorney voluntarily
permits or acquiesces with the consultation,
then the professional employments is
established.
Likewise, an attorney-client relationship
exists notwithstanding the close personal
relationship between the attorney and the
client or the non-payment of the former’s
fees.
Q: Should a lawyer accept every potential
client?
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A: No. A lawyer is
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not obliged to act as legal
counsel for any person who may wish to
become his client. He has the right to decline
employment (Enriquez v. Gimenez, 107 Phil.
932). But once he accepts money from a
client, an attorney-client relationship is
established, giving rise to the duty of fidelity
to the clients cause. From then on, he is
expected to be mindful of the trust and
confidence reposed in him. He must serve
the client with competence and diligence,
and champion the latters cause with
wholehearted devotion (Valeriana U. Dalisay V.
Atty. Melanio Mauricio, Jr., A.C. No. 5655, January
23, 2006).
a. Availability of service without
discrimination
CANON 14: A LAWYER SHALL NOT REFUSE
HIS SERVICES TO THE NEEDY.
i. Services regardless of person’s status
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.
 It is a lawyer’s duty not to be prejudiced in
accepting clients. It was improper for a
defense counsel to state that his own
clients, who were the accused in a homicide
case, had “salvaged” the victims when even
the trial court had not made such findings
(Francisco et al. vs. Portugal,A.C. No. 6155,
March 14, 2006).
ii. Services as counsel de officio
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.
Counsel de oficio – he is an attorney
appointed by the court to represent a party,
usually an indigent defendant, in a criminal case
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(People v. Daban, G.R. No. L-31429, January 31,
1972).
It is true that he is a court-appointed counsel.
But we do say that as such counsel de oficio, he
has as high a duty to the accused as one
employed and paid by defendant himself.
Because, as in the case of the latter, he must
exercise his best efforts and professional ability
in behalf of the person assigned to his care. His
is to render effective assistance. The accused
defendant expects of him due diligence, not
mere perfunctory representation. We do not
accept the paradox that responsibility is less
where the defended party is poor (In the Matter
of Attorney Lope E. Adriano, G.R. No. L-26868,
February 27, 1969).
A lawyer has the duty to accept appointment as
Counsel de Oficio or Amicus Curiae and to
render free legal aid. Membership in the bar is a
privilege burdened with conditions. One of these
conditions is to serve as counsel de oficio when
so called upon. Indeed, the legal profession is
dedicated to the ideal of service and is not a
mere trade. As such, a counsel de oficio may be
held liable for negligence in the same way and
degree as a lawyer who gets paid.
While it is a lawyer’s duty to render pro bono
public service when so appointed, the lawyer
may decline such appointment for serious and
sufficient cause. It is believed that it is sufficient
cause where the lawyer cannot handle the
matter competently, or if a conflict of interest
would ensure. It has also been held that
financial hardships or undue financial burden
would be a proper cause to decline an
appointment.
Q: How is Counsel de Oficio appointed?
A: Under Section 7, Rule 116 of the Rules of
Court, counsel de oficio may come from the
private sector. However, the courts have
been reminded that the frequent
appointment of the same attorney as counsel
de oficio should be avoided (People vs. Daeng,
49 SCRA 221). Only indigents may avail of the
services of the Public Attorney’s Office.
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Amicus Curiae – a person with strong interest
in or views on the subject matter of an action
may petition the court for permission to file a
brief, ostensibly on behalf of a party but actually
to suggest a rationale consistent with its own
views.
Counsel de oficio vs. Counsel de parte
COUNSEL DE
COUNSEL DE PARTE
OFICIO
A court appointed The lawyer of the party’s own
lawyer. choice.
iii. Valid grounds for refusal
Rule 14.03: A lawyer may not refuse to
accept representation of an indigent client
unless:
1. He is in no position to carry out the work
effectively or competently;
2. He labors under a conflict of interest
between him and the prospective client or
between a present client and the
prospective client;
Note: A lawyer has the duty to render legal
service to the indigent. The indigent represents
one of the marginalized sectors of society. They
are, in the scheme of things, prone to victims of
injustice. Within the limits of the lawyers’
capacity, able lawyers must extend assistance to
these marginalized members of society.
Indigent party – a party who has no money or
property sufficient and available for food, shelter
and basic necessities for himself and his family.
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
relations with paying clients.
It is the duty of the lawyer to treat paying and
non-paying clients with the same standard.
Justice and the application of the law are not
dependent upon the monetary consideration of
lawyers. Justice does not tilt in favor of the
higher paying party.

Requirements on Mandatory Legal Service
(Bar Matter No. 2012)
a. Every practicing lawyer is required to render
a minimum of sixty (60) hours of free legal
aid services to indigent litigants in a year.
Said 60 hours shall be spread within a
period of twelve (12) months, with a
minimum of five (5) hours of free legal aid
services each month. However, where it is
necessary for the practicing lawyer to render
legal aid service for more than five (5) hours
in one month, the excess hours may be
credited to the said lawyer for the
succeeding periods;
b. The practicing lawyer shall report
compliance with the requirement within ten
(10) days of the last month of each quarter
of the year;
c. A practicing lawyer shall be required to
secure and obtain a certificate from the
Clerk of Court attesting to the number of
hours spent rendering free legal aid services
in a case;
d. Said compliance report shall be submitted to
the Legal Aid Chairperson of the IBP
Chapter within the court’s jurisdiction;
e. The IBP Chapter shall, after verification,
issue a compliance certificate to the
concerned lawyer. The IBP Chapter shall
also submit the compliance reports to the
IBP’s national Committee on Legal Aid
(NCLA) for recording and documentation;
and
f. Practicing lawyers shall indicate in all
pleadings filed before the courts or quasi-
judicial bodies the number and date of issue
of their certificate of compliance for the
immediately preceding compliance period
(Sec. 5[a-e], Bar Matter No. 2012, Rule on
Mandatory Legal Aid Service for Practicing
Lawyers).
Penalties
a. At the end of every calendar year, any
practicing lawyer who fails to meet the
minimum prescribed 60 hours of legal aid
service each year shall be required by the
IBP, through the NCLA, to explain why he
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was unable to render the minimum
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prescribed number of hours;
b. Upon approval of the NCLA’s
recommendation, the IBP Board of
Governors shall declare the erring lawyer as
a member not in good standing;
c. The notice to the lawyer shall include a
directive to pay Four Thousand Pesos (P4,
000) penalty which shall accrue to the
special fund for the legal aid program of the
IBP;
d. The "not in good standing" declaration shall
be effective for a period of three (3) months
from the receipt of the erring lawyer of the
notice from the IBP Board of Governors;
e. During the said period, the lawyer cannot
appear in court or any quasi-judicial body as
counsel;
f. Provided, however, that the "not in good
standing" status shall subsist even after the
lapse of the three-month period until and
unless the penalty shall have been paid; and
g. Any lawyer who fails to comply with his
duties under this Rule for at least three (3)
consecutive years shall be the subject of
disciplinary proceedings to be instituted
motu proprio by the Committee on Bar
Discipline (Sec. 7[a-c], Ibid).
Free Legal Assistance Act of 2010 (R.A.
9999)
Requirements:
For purposes of availing of the benefits and
services as envisioned in this Act:
a. A lawyer or professional partnership shall
secure a certification from the Public
Attorney's Office (PAO), the Department of
Justice (DOJ) or accredited association of
the Supreme Court indicating that the said
legal services to be provided are within the
services defined by the Supreme Court, and
that the agencies cannot provide the legal
services to be provided by the private
counsel;
b. For purposes of determining the number of
hours actually provided by the lawyer and/or
professional firm in the provision of legal
services, the association and/or organization
duly accredited by the Supreme Court shall
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issue the necessary certification that said
legal services were actually undertake;
c. The certification issued by, among others,
the PAO, the DOJ and other accredited
association by the Supreme Court shall be
submitted to the Bureau of Internal Revenue
(BIR) for purposes of availing the tax
deductions as provided for in this Act and to
the DOJ for purposes of monitoring (Sec. 4,
R.A. 9999).
Incentives to lawyers
A lawyer or professional partnerships rendering
actual free legal services, as defined by the
Supreme Court, shall be entitled to an allowable
deduction from the gross income, the amount
that could have been collected for the actual
free legal services rendered or up to ten percent
(10%) of the gross income derived from the
actual performance of the legal profession,
whichever is lower: Provided, that the actual
free legal services herein contemplated shall be
exclusive of the minimum sixty (60)-hour
mandatory legal aid services rendered to
indigent litigants as required under the Rule on
Mandatory Legal Aid Services for Practicing
Lawyers, under BAR Matter No. 2012, issued by
the Supreme Court (Sec. 5, R.A. 9999).
b. Candor, fairness and loyalty to clients
CANON 15: A LAWYER SHALL OBSERVE
CANDOR, FAIRNESS AND LOYALTY IN ALL
HIS DEALINGS AND TRANSACTIONS WITH
HIS CLIENTS.
A lawyer is not barred from commercially
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 that is required in business dealings
where the parties trade at arms length. Business
transactions between an attorney and his client
are disfavored and discouraged by the policy of
the law. 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
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innocence or improbability of wrongdoing is
considered in an attorney’s favor.
 If they find that their client’s cause is
defenseless, then it is their bounden duty to
advise the latter to acquiesce and submit,
rather than to traverse the incontrovertible
(Consorcia S. Rollon v. Atty. Camilo Naraval, A.C.
No. 6424, March 4, 2005).
i. Confidentiality Rule
 This mandates that an attorney is not
permitted to disclose communications made
to him in his professional character by a
client, unless the latter consents. This
obligation to reserve the confidence and
secrets of a client arises at the inception of
their relationship. It even survives the death
of the client (Genato v. Silapan, A.C. No. 4078,
July 14, 2003).
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.
A lawyer can readily determine a potential
conflict at the initial conferment with a
prospective client by considering the facts given
to him and by asking the necessary questions
regarding the facts and personalities involved in
the case.
ii. Privileged Communications
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.
Confidential Communication
 The information transmitted through
voluntary act of disclosure between attorney
and client in confidence, and by means of
which, so far as the client is aware,
discloses the information to no third person
other than one reasonably necessary for the

transmission of the information or the
accomplishment of the purpose for which it
was given (Mercado v. Vitnolo, A.C. No. 5108,
May 26, 2005).
The duty of a lawyer to preserve his client’s
secrets and confidence outlasts the
termination of the attorney-client
relationship, and continues even after the
client’s death (Mercado v. Vitriolo, A.C. No.
5108, May 26, 2005).
 Attorney-client privilege is not destroyed by
the fact that a third person may have
overheard a communication intended to be
confidential nor by the fact that other
attorneys represented the client but as to a
third person who may have overheard the
communication, the privilege does not apply
(Barton v. Leyte Asphalt Mineral Oil Co., 46 Phil.
938, March 22, 1924).
 If the client seeks his lawyer's advice with
respect to a crime that the former has
theretofore committed, he is given the
protection of a virtual confessional seal
which the attorney-client privilege declares
cannot be broken by the attorney without
the client's consent. The same privileged
confidentiality, however, does NOT attach
with regard to a crime which a client intends
to commit thereafter or in the future and for
purposes of which he seeks the lawyer's
advice (People vs. Sandiganbayan, July 16,
1997).
Requisites of Privileged Communication
a) There is an attorney-client relationship or a
kind of consultancy requirement with a
prospective client;
b) The communication was made by the client
to the lawyer in the course of the lawyer’s
professional employment;
c) The communication must be intended to
be confidential (Jimenez vs. Atty. Francisco,
A.C. No. 10548, December 10, 2014).
 Mere relation of attorney and client does not
raise a presumption of confidentiality
(Rebecca Palm v. Felipe Iledan, A.C. No. 8242,
October 2, 2009).
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iii. Conflict of Interest
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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.
Test to Determine Conflicting Interest
1. Conflicting Duties: will the attorney be
required to contest for that which his duty
to another client requires him to oppose?
(Pineda, Legal Ethics Annotated, p. 247). Will it
prevent an attorney from the full discharge
of his duty of undivided fidelity and loyalty
to his client? (Humberto Lim vs Atty. Nianor
Villarosa, A.C. No. 5303, June 15, 2006)
2. Invitation of Suspicion: Will the
acceptance of a new relation invite suspicion
and/or actually lead to unfaithfulness or
double-dealing towards another client?
(Santos vs. Beltran, A.C. No. 5858, December 11,
2003)
3. Use of Prior Knowledge Obtained: Will
the attorney be called upon in his new
relation to use against his former client any
knowledge acquired in the previous
employment? (Gonzales vs. Cabucana, A.C. No.
6836, January 2006).
 The proscription against representation of
conflicting interest finds application where
the conflicting interests arise with respect to
the same general matter and is applicable
however slight such adverse interest
may be; the fact that the conflict of interest
is remote or merely probable does not make
the prohibition inoperative. (Pormento vs.
Pontevedra, A.C. No. 5128, March 31, 2005)
neither is it material that the intention and
motive of the attorney may have been
honest (Humberto Lim vs Atty. Nianor Villarosa,
A.C. No. 5303, June 15, 2006).
 The reason for this is that a lawyer acquires
knowledge of his former client's doings,
whether documented or not, that he would
ordinarily not have acquired were it not for
the trust and confidence that his client
placed on him in the light of their
relationship. It would simply be impossible
for the lawyer to identify and erase such
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entrusted knowledge with faultless precision
or lock the same into an iron box when
suing the former client on behalf of a new
one (Santos Ventura Hocorma Foundation, Inc.,
V. Atty. Richard V. Funk, A.C. No. 9094, August
15, 2012).
 Absence of monetary consideration does not
exempt lawyers from complying with the
prohibition against pursuing cases with
conflicting interests. The prohibition
attaches from the moment the attorney-
client relationship is established and extends
beyond the duration of the professional
relationship. (Justo vs. Atty. Galing, A.C. No.
6174, November 16, 2011).
Section 26 (e), Rule 123 of the Rules of Court
provides that "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;" and section 19 (e) of
Rule 127 imposes upon an attorney the duty "to
maintain inviolate the confidence, and at every
peril to himself, to preserve the secrets of his
client." There is no law or provision in the
Rules of Court prohibiting attorneys in
express terms from acting on behalf of
both parties to a controversy whose
interests are opposed to each other, but
such prohibition is necessarily implied in the
injunctions above quoted.
Types of Conflict of Interests:
1. Concurrent or multiple or simultaneous
representation:
A lawyer represents clients whose objectives are
adverse to each other, no matter how slight or
remote these are. Example: A CPA-lawyer being
part of a firm that represents the estate and
being part of the accountancy firm that
represents the creditors. The conflict need
not arise from two legal relationships.
2. Sequential or successive
representation:
Representation of present client who may have
an interest adverse to prior client. The rule
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against simultaneous representation is based
principally on the duty of undivided loyalty.
Q: Is there any instance when a lawyer
may represent conflicting interests?
A: Yes. The lawyer may appear against his own
client only on condition that the client has
given his written consent thereto and after a
full disclosure of the facts to him (Rule 15.03,
Canon 14, CPR).
 The find no conflict of interest when
respondent represented Soledad in a case
filed by Comtech. The case where
respondent represents Soledad is an Estafa
case filed by Comtech against its former
officer. There was nothing in the
records that would show that
respondent used against Comtech any
confidential information acquired
while he was still Comtechs retained
counsel. Further, respondent made the
representation after the termination of
his retainer agreement with Comtech
(Rebecca Palm v. Felipe Iledan, A.C. No. 8242,
October 2, 2009).
 It must, however, be noted that a lawyer’s
immutable duty to a former client does not
cover transactions that occurred
beyond the lawyer’s employment with
the client. The intent of the law is to
impose upon the lawyer the duty to protect
the client’s interests only on matters that he
previously handled for the former client and
not for matters that arose after the
lawyer-client relationship has
terminated (Orola et. Al. vs. Atty. Ramos, A.
C. No. 9860, September 11, 2013).
Examples of Instances Where Attorney
Cannot Represent Client’s Opponent
 The principle which forbids an attorney who
has been engaged to represent a client from
thereafter appearing on behalf of the client's
opponent applies equally even though
during the continuance of the employment
nothing of a confidential nature was
revealed to the attorney by the client.

(Christian vs. Waialua Agricultural Co., 30
Hawaii, 553, Footnote 7, C. J. S., 828).
 Where it appeared that an attorney,
representing one party in litigation, had
formerly represented the adverse party with
respect to the same matter involved in the
litigation, the court need not inquire as to
how much knowledge the attorney acquired
from his former during that relationship,
before refusing to permit the attorney to
represent the adverse party (Brown vs. Miller,
52 App. D. C. 330; 286, F. 994).
 In order that a court may prevent an
attorney from appearing against a former
client, it is unnecessary that the ascertain in
detail the extent to which the former client's
affairs might have a bearing on the matters
involved in the subsequent litigation on the
attorney's knowledge thereof (Boyd vs.
Second Judicial Dist. Court, 274 P., 7; 51 Nev.,
264).
 This rule has been so strictly that it has
been held an attorney, on terminating his
employment, cannot thereafter act as
counsel against his client in the same
general matter, even though, while acting
for his former client, he acquired no
knowledge which could operate to his
client's disadvantage in the subsequent
adverse employment (Pierce vs. Palmer
[1910], 31 R. I., 432; 77 Atl., 201, Ann. Cas.,
1912S, 181.).
 Hence the necessity of setting down the
existence of the bare relationship of
attorney and client as the yardstick for
testing incompatibility of interests (Blandina
Gamboa Hilado vs. Jose Gutierrez David, G.R.
No. L-961, September 21, 1949).
A lawyer should decline professional
employment regardless of how attractive
the fee offered may be if its acceptance
will involve:
a) A violation of any of the rules of the legal
profession;
b) Nullification of a contract which he prepared;
c) Advocacy in any matter in which he had
intervened while in the government service;
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d) Employment, the nature of which might
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easily be used as a means of advertising his
professional services or his skill;
e) Employment with a collection agency, which
solicits business to collect claims; and
f) Any matter in which he knows or has reason
to believe that he or this partner will be an
essential witness for the prospective client
(Agpalo, Legal and Judicial Ethics, 2009 ed,
pp.194-195).
Duty of attorney to a corporate client
 “[a]n attorney for a corporate client owes
his duty [of loyalty] to the corporate entity
rather than a particular officer, director, or
shareholder” (ABC Trans Natl Transport, Inc. v.
Aeronautics Forwarders, Inc, 413 NE.2d 1299,
1310 1980).
 “[a] corporate attorney represents the
corporation, not the individual directors or
officers” (Heim v. Signcraft Screenprint Inc, No
01C50014, 2001 WL 1018228, 2001).
 “[t]he attorney for a corporation, even a
closely held one, does not have a specific
fiduciary duty toward the individual
shareholders” (Kopka v. Kamensky and
Rubenstein, 821 NE.2d 719, 727, 2004).
Effects of Representing Adverse Interests:
1) Disqualification as counsel of new client on
petition of former client;
2) Where such is unknown to, becomes
prejudicial interests of the new client, a
judgment against such may, on that ground
be set aside;
3) A lawyer can be held administratively liable
through disciplinary action and may be held
criminally liable for betrayal of trust; and
4) The attorney’s right to fees may be defeated
if found to be related to such conflict and
such was objected to by the former client,
or if there was a concealment and prejudice
by reason of the attorney’s previous
professional relationship with the opposite
party.
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Rule 15.04: A lawyer may, with the
written consent of all concerned, act as
mediator, conciliator or arbitrator in
settling disputes.
Consent in writing is required to prevent future
controversy on the authority of the lawyer to act
as mediator or arbitrator. However, a lawyer
who acts as mediator, conciliator or arbitrator in
settling a dispute, cannot represent any of the
parties to it.
iv. Candid and honest advice to clients
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.
A lawyer is duty-bound to advise his client, who
is a layman, to the intricacies and vagaries of
the law, on the merit or lack of merit his case.
On the other hand, a client is entitled to a
straightforward advice expressing the lawyer’s
honest assessment which may involve
unpleasant facts and alternatives. However, a
lawyer endeavors to sustain the client’s moral
and may put advice in an acceptable form.
 As officers of the court, counsels are under
obligation to advise their clients against
making untenable and inconsistent claims.
Lawyers are not merely hired employees
who must unquestionably do the bidding of
the client, however unreasonable this may
be when tested by their own expert
appreciation of the facts and applicable law
and jurisprudence. Counsel must counsel
(Periquet vs. NLRC, 185 SCRA, June 22, 1990).
Rule 15.06: A lawyer shall not state or
imply that he is able to influence any
public official, tribunal or legislative body.
This rule on influence peddling is improper for a
lawyer. Showing in any way that he has
connection and can influence any tribunal or
(In re: Berrbeger, 49 Phil 962).
public official, judges, prosecutors, congressmen
and others, specially so if the purpose is to
enhance his legal standing and to entrench the
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confidence of the client that his case or cases
are assured of victory.
v. Compliance with laws
Rule 15.07: A lawyer shall impress upon
his client compliance with the laws and
principles of fairness.
 A lawyer who advises his client not to obey
the order of the courts is guilty of contempt
and misconduct (Conge vs. Deret C.A.-G.R. No.
08848-CR, March 25, 1974).
vi. Concurrent practice of another
profession
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.
 A lawyer is not barred from dealing with his
client but the business transaction must be
characterized with utmost honesty and good
faith. Business transactions between an
attorney and client are disfavored and
discouraged by policy of law because by
virtue of a lawyer’s office, he is in an easy
position to take advantage of the credulity
and ignorance of his client. Thus, there is no
presumption of innocence or improbability of
wrongdoing in favor of lawyers (Nakpil vs.
Valdez, A.C. No. 2040, March 4, 1998).
c. Client’s moneys and properties
CANON 16: A LAWYER SHALL HOLD IN
TRUST ALL MONEYS AND PROPERTIES OF
HIS CLIENT THAT MAY COME INTO HIS
POSSESSION.
i. Fiduciary Relationship
The highly fiduciary and confidential relations of
attorney and client require that the lawyer
should promptly account for all the funds
received or held by him for the client’s benefits

The following persons cannot acquire by
purchase even at a public or judicial auction,
either in person or through the mediation of
another:
Justices, judges, prosecuting attorneys, clerks of
superior and inferior courts and other officers
and employees connected with the
administration of justice, the property and rights
in litigation or levied upon an execution before
the court within whose jurisdiction or territory
they exercise their respective functions; this
prohibition includes the act of acquiring by
assignment and shall apply to lawyers, with
respect to the property and rights which may be
the object of any litigation in which they may
take part by virtue of their profession (Art. 1491,
NCC).
Elements for the application of Article
1491, NCC
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; and
d) The attorney by himself or through another
purchases such property or interest during
the pendency of the litigation
Prohibition is absolute and permanent, and rests
on considerations of public policy and interest.
There is no need to show fraud and no excuse
will be heard. Law does not trust human nature
to resist temptation likely to arise.
When rule is not applicable:
a. Where the property purchased by a lawyer
was not involved in litigation;
b. Where the sale took place before it became
involved in the suit;
c. Where the attorney at the time of the
purchase was not the counsel in the case;
d. Where the purchaser of the property in
litigation was a corporation even though the
attorney was an officer thereof;
e. Where the sale took place after the
termination of the litigation;
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f. A lawyer may accept an assignment from his
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client of a money judgment rendered in the
latter’s favor in a case in which he was not
counsel in payment of his professional
services performed in another case; and
g. In a contract for attorney’s fees which is
contingent upon the outcome of the
litigation.
 The said prohibition, however, applies only
if the sale or assignment of the property
takes place during the pendency of the
litigation involving the client's property.
Hence, a contract between a lawyer and his
client stipulating a contingent fee is not
covered by said prohibition under Article
1491 (5) of the Civil Code because the
payment of said fee is not made during the
pendency of the litigation but only after
judgment has been rendered in the
case handled by the lawyer. In fact,
under the 1988 Code of Professional
Responsibility, a lawyer may have a lien
over funds and property of his client and
may apply so much thereof as may be
necessary to satisfy his lawful fees and
disbursements (Florencio Fabillo and Josefa vs.
The Honorable Intermediate Appellate Court,
G.R. No. L-68838, March 11, 1991).
ii. Co-mingling of funds
Rule 16.01: A lawyer shall account for all
money or property collected or received
for or from the client.
 When a lawyer collects or receives money
from his client for a particular purpose, he
should promptly account to the client how
the money was spent. If he does not use
the money for its intended purpose, he must
immediately return it to the client. His
failure either to render an accounting or to
return the money (if the intended purpose
of the money does not materialize)
constitutes a blatant disregard of Rule 16.01
of the CPR. Moreover, a lawyer has the duty
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to deliver his client’s funds or properties as
they fall due or upon demand. His failure to
return the client’s money upon demand
gives rise to the presumption that he has
misappropriated it for his own use to the
prejudice of and in violation of the trust
reposed in him by the client (Hector Trenas
vs. People of the Philippines, G.R. No. 195002,
January 25, 2012).
 Suffice it to state that complainant’s
purported act of "maligning" respondent
does not justify the latter’s failure to
properly account for and return his client’s
money upon due demand… If the
relationship is strained, the correct course of
action is for the lawyer to properly account
for his affairs as well as to ensure the
smooth turn-over of the case to another
lawyer (Azucena Segovia-Ribaya, Complainant,
Vs. Atty. Bartolome C. Lawsin, Respondent, A.C.
No. 7965, November 13, 2013).
 Lawyers who convert the funds entrusted to
them are in gross violation of professional
ethics and are guilty of betrayal of public
confidence in the legal profession. It may
be true that they have a lien upon the
client’s funds, documents and other papers
that have lawfully come into their
possession; that they may retain them until
their lawful fees and disbursements have
been paid; and that they may apply such
funds to the satisfaction of such fees and
disbursements. However, these
considerations do not relieve them of
their duty to promptly account for the
moneys they received. Their failure to do
so constitutes professional misconduct. In
any event, they must still exert all effort to
protect their client’s interest within the
bounds of law (Burbe v. Atty. Magulta AC No.
99-634. June 10, 2002).
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.
A lawyer has a duty not to co-mingle funds and
properties to avoid confusion and possible
misappropriation.
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iii. Delivery of funds
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.
 A lawyer is not entitled to unilaterally
appropriate his client’s money for himself by
the mere fact alone that the client owes him
attorney’s fees (Rayos vs. Hernandez, G.R. No.
169079, February 12, 2007).
 We have previously held that when a lawyer
receives money from his client for a
particular purpose and the lawyer does not
use the money for such purpose, the lawyer
must immediately return the money his
client (Small vs. Banares, A.C. No. 7021,
February 21, 2007).
Charging lien – is an equitable right to have
the fees and lawful disbursement due a lawyer
for his services in a suit secured to him out of
the judgment for the payment of money and
executions issued in pursuance thereof in the
particular suit.
 To be enforceable as a security for the
payment of attorney’s fees, this requires as
a condition sine qua non a judgment for
money and execution in pursuance of such
judgment secured in the main action by the
attorney in favor of his client (Metrobank vs.
CA, G.R. No. 86100-03, January 23, 1990).
Requisites:
1. Existence of an attorney-client relationship;
2. The attorney has rendered services;
3. Favorable money judgment secured by the
counsel for his client;
4. The attorney has a claim for attorney’s fees
or advances; and
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5. A statement of the claim has been duly POINT OF CHARGING RETAINING
recorded in the case with notice thereof DISTRINCTION COMMISSIONS
LIEN LIEN
served upon the client and the adverse compromise
party. settlement.
Effectivity As soon as the As soon as the
claim for attorney gets
Assignment of Charging Lien
attorney’s fees possession of
had beem the papers,
General Rule: May be assigned or transferred entered into documents, or
without preference thereof being extinguished the records of property.
the case,
Exception: When the assignment will result to partakes the
a breach of the attorney’s duty to preserve his nature of
client’s confidence. collateral
security.
Notice Notice must Client need not
Retaining lien – a right merely to retain the
be served be notified to
funds, documents and papers as against the upon client make it
client until the attorney is fully paid his fees and adverse effective.
party
Requisites: Applicability Generally, May be
exercisable exercised
1. Attorney-client relationship; only when the before
2. Lawful possession by the lawyer of the attorney had judgment or
clients’ funds, documents and papers in his already execution or
secured a regardless
professional capacity; and
favorable thereof.
3. Unsatisfied claim for attorney’s fees or judgment for
disbursements his client.

POINT OF CHARGING RETAINING ASSUMPSIT

DISTRINCTION LIEN LIEN
Nature Active Lien. Passive Lien.
A promise by which someone assumes or
Special Lien. General Lien.
It can be It cannot be undertakes an obligation to another person.
enforced by actively The promise maybe oral or in writing, but it is
execution. enforced. not under seal. It is express when the person
Basis Securing of a Lawful making the promise puts it into distinct and
favorable possession of specific language, but it may also be implied
money papers, because the law sometimes imposes and
judgment for documents, obligation based on the conduct of the parties or
the client. property the circumstance of their dealings.
belonging to
the client.
Coverage Covers all Covers papers,
iv. Borrowing or lending
judgments for documents and
the payment properties in Rule 16.04: A lawyer shall not borrow
of money and the lawful money from his client unless the client’s
execution possession of interests are fully protected by the nature
issued in the attorney by of the case or by independent advice.
pursuance of reason of his Neither shall a lawyer lend money to a
such professional client except, when in the interest of
judgments; employment.
justice, he has to advance necessary
proceeds of
judgment in expenses in a legal matter he is handling
favor of client; for the client.
proceeds of

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The rule is that a lawyer shall not lend money to
his client. The only exception is, when in the
interest of justice, he has to advance necessary
expenses (such as filing fees, stenographer’s
fees for transcript of stenographic notes, cash
bond or premium for surety bond, etc.) for a
matter that he is handling for the client.
The rule is intended to safeguard the lawyer’s
independence of mind so that the free exercise
of his judgment may not be adversely affected.
It seeks to ensure his undivided attention to the
case he is handling as well as his entire devotion
and fidelity to the client’s cause.
 If the lawyer lends money to the client in
connection with the client’s case, the lawyer
in effect acquires an interest in the subject
matter of the case or an additional stake in
its outcome. Either of these circumstances
may lead the lawyer to consider his own
recovery rather than that of his client, or
to accept a settlement which may take
care of his interest in the verdict to the
prejudice of the client in violation of his duty
of undivided fidelity to the client’s cause
(Linsangan v. Atty. Tolentino, A.C. No. 6672,
September 4, 2009).
It is also intended to prevent the lawyer from
taking advantage of his influence over the client.
 Having gained dominance over the
complainant by virtue of such long relation
of master and servant, the respondent took
advantage of his influence by not returning
the money entrusted to him. Instead, he
imposed his will on the complainant and
borrowed her funds without giving adequate
security therefor and mindless of the
interest of the complainant (Rosario Junio,
Complainant, Vs. Atty. Salvador M. Grupo,
Respondent, Adm. Case No. 5020, December 18,
2001).
 A lawyer may borrow money from a client
bank for here, the client’s interests are fully
protected by the bank’s rules and
regulations which have to be complied with.
A lawyer is allowed to borrow money from
his client provided the interests of the client
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are fully protected by the nature of the case
or by independent advice (Pineda, Legal
Ethics Annotated, p. 283).
 A lawyer who takes advantage of his client’s
financial plight to acquire the latter’s
properties for his own benefit is destructive
of the confidence of the public in the fidelity,
honesty and integrity of the legal profession
(Hernandez, Jr. vs. Go, A.C. No. 1526, January
31, 2005).
 A lawyer has a duty to avoid the debtor-
creditor relationship with the client because
it is considered as abuse of client’s
confidence. The canon presumes that the
client is disadvantaged by the lawyer’s
ability to use all the legal maneuverings to
renege on his obligation (Frias vs Lozada, A.C.
No. 6656, December 13, 2005).
 Respondent violated Rule 16.04 of the Code
of Professional Responsibility when the
checks issued by respondent to Presbitero
were dishonored because the accounts were
already closed. The interest of his client,
Presbitero, as lender in this case, was not
fully protected (Natividad P. Navarro And Hilda
S. Presbitero, Complainants, Vs. Atty. Ivan M.
Solidum, Jr., Respondent., A.C. No. 9872,
January 28, 2014).
d. Fidelity to client’s cause
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.
Note: A lawyer’s duty of fidelity to the cause
of the client does not necessarily mean absolute
adherence to the client’s views or activities. In
case of conflicting views, a lawyer’s personal
interests and loyalties may not dilute the
diligence or vigor with which a client is
represented (Funa, Legal and Judicial Ethics: With
Bar Examination Questions, 2009, p. 263).
General Rule: A lawyer may not invoke the
privilege and refuse to divulge the name or
identity of his client.

Exceptions:
a. Client’s identity is privileged where a strong
probability exists that revealing the client’s
name would implicate that client in the very
activity for which he sought the lawyer’s
advice.
b. Where disclosure would open the client to
civil liability.
c. Where the government’s lawyers have no
case against an attorney’s client unless, by
revealing the client’s name, the said name
would furnish the only link that would form
the chain of testimony necessary to convict
an individual of a crime.
e. Competence and diligence
CANON 18: A LAWYER SHALL SERVE HIS
CLIENT WITH COMPETENCE AND
DILIGENCE.
Required standard of care of a lawyer
 It is the Good Father of a Family. Practice of
law does not require extraordinary diligence
or that “extreme measure of care and
caution which a person of unusual prudence
and circumspection use for securing and
preserving their rights (Edquiabla vs. Ferrer,
Jr., A.C. No. 5687, February 3, 2005).
 Case law further illumines that a lawyer’s
duty of competence and diligence includes
not merely reviewing the cases entrusted to
the counsel’s care or giving sound legal
advice, but also consists of properly
representing the client before any court or
tribunal, attending scheduled hearings or
conferences, preparing and filing the
required pleadings, prosecuting the handled
cases with reasonable dispatch, and urging
their termination without waiting for the
client or the court to prod him or her to do
so (Ramirez vs. Atty. Margallo, A.C. No. 10537,
February 3, 2015).
 We have repeatedly held that when a lawyer
accepts a case, he undertakes to give his
utmost attention, skill, and competence to
it. His client has the right to expect that he
will discharge his duties diligently and exert
his best efforts, learning, and ability to
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prosecute or defend his client's cause with
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reasonable dispatch (Balingit vs. Atty.
Cervantes and Atty. Delarmente, A.C No. 11059,
November 9, 2016).
i. Adequate protection
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.
Note: A lawyer has a duty to know his
professional limitations. Otherwise, engaging in
an unfamiliar practice of law will produce an
inferior service to the detriment of the client and
to the lawyer’s professional embarrassment.
A lawyer should accept only as much cases as
he can efficiently handle in order to sufficiently
protect his clients’ interests.
ii. Negligence
Rule 18.03: A lawyer shall not neglect a
legal matter entrusted to him, and his
negligence in connection therewith shall
render him liable.
The attorney’s duty to safeguard the client’s
interest commences from his retainer until his
effective release from the case or the final
disposition of the whole subject matter of the
litigation. During that period, he is expected to
take such reasonable steps and such ordinary
care as his client’s interests may require.
 A lawyer who received money to handle a
client’s case but rendered no service at all
shall be subject to disciplinary measure
(Dalisay vs. Atty. Melanio ‘Batas’ Mauricio, A.C.
No. 5655, April 22, 2005).
 The Court has consistently held, in
construing this Rule, that the mere failure of
the lawyer to perform the obligations due to
the client is considered per se a violation.
The circumstance that the client was also at
fault does not exonerate a lawyer from
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liability for his negligence in handling a case
(Atty. Solidon v. Atty. Macalalad, A.C. No. 8158,
February 24, 2010).
 In the absence of contrary evidence, a
lawyer is presumed to be prompt and
diligent in the performance of his duties and
to have employed his best efforts, learning
and ability in the protection of his client’s
interests and in the discharge of his duties
as an officer of the court (People vs.
Mantawar, G.R. No. L-1248, April 30, 1948).
 The negligence and mistakes of counsel are
binding on the client. There are exceptions
to this rule, such as when the reckless or
gross negligence of counsel deprives the
client of due process of law, or when the
application of the general rule results in the
outright deprivation of one’s property or
liberty through a technicality (Dimarucot vs.
People, G.R. No. 183975, September 20, 2010).
 Hence, despite the fact that complainant
was kumpadre of a law partner of
respondent, and that respondent dispensed
legal advice to complainant as a personal
favor to the kumpadre, the lawyer was duty-
bound to file the complaint he had agreed to
prepare -- and had actually prepared -- at
the soonest possible time, in order to
protect the client's interest (Dominador P.
Burbe, complainant, vs. Atty. Alberto C. Magulta,
respondent, June 10, 2002).
iii. Collaborating counsel
Collaborating counsel – is one who is
subsequently engaged to assist a lawyer already
handling a particular case for a client (Pineda,
Legal Ethics Annotated, p. 291).
Adequate preparation
 The full protection of the client’s interests
requires no less than a mastery of the
applicable law and the facts involved in a
case, regardless of the nature of the
assignment (Javellana vs. Lutero, G.R. No. L-
23956, July 27, 1967) and keeping constantly
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abreast of the latest jurisprudence and
developments in all branches of the law (De
Roy vs. CA, G.R. No. 80718, January 29, 1988).
Rule 18.02: A lawyer shall not handle any
legal matter without adequate
preparation.
 When a lawyer accepts a case, his
acceptance is an implied representation
that he possesses the requisite academic
learning, skill and ability to handle the case
(Valeriana U. Dalisay v. Atty. Melanio Mauricio,
Jr., A.C. No. 5655, January 23, 2006).
iv. Duty to apprise client
Rule 18.03 - A lawyer shall not neglect a
legal matter entrusted to him and his
negligence in connection therewith shall
render him liable.
 When a lawyer accepts to handle a case,
whether for a fee or gratis et amore, he
undertakes to give his utmost attention, skill
and competence to it, regardless of its
significance. Thus, his client, whether rich or
poor, has the right to expect that he will
discharge his duties diligently and exert his
best efforts, learning and ability to
prosecute or defend his (clients) cause with
reasonable dispatch. Failure to fulfill his
duties will subject him to grave
administrative liability as a member of the
Bar. For the overriding need to maintain the
faith and confidence of the people in the
legal profession demands that an erring
lawyer should be sanctioned (Maria Earl
Beverly C. A.C. No. 6166 Ceniza, Complainant V.
Atty. Vivian G. Rubia).
Rule 18.04: A lawyer shall keep the client
informed of the status of his case and shall
respond within a reasonable time to
client’s request for information.
General Rule: Notice to Counsel is Notice to
Client
Doctrine of Imputed Knowledge – the
knowledge acquired by an attorney during the

time that he is acting within the scope of his
authority is imputed to the client (Ramirez vs.
Sheriff of Pampanga, G.R. No. L-780, November 16,
1945).
Exceptions:
1. If strict application might foster dangerous
collusion to the detriment of justice;
2. Service of notice upon party instead of upon
his attorney is ordered by court;
3. Notice of pre-trial is required to be served
upon parties and their respective lawyers;
and
4. In appeal from the lower court to the RTC,
upon docketing of appeal. Failure to appeal
to CA despite instructions by the client to do
so constitute inexcusable negligence on the
part of the counsel. Canon 18, Rule 18.04 of
the CPR requires a lawyer to keep his client
informed of the status of the case and
respond within a reasonable time to the
client’s request for information (Alberto v.
Juanino, A.C. No. 5302, February 18, 2005).
Note: It is based on the assumption that an
attorney, who has notice of matter affecting his
client, has communicated the same to his
principal in the course of professional dealings.
The doctrine applies regardless of whether or
not the lawyer actually communicated to the
client what he learned in his professional
capacity, the attorney and his client being, in
legal contemplation, one juridical person.
 The Code of Professional Responsibility
mandates lawyers to serve their clients with
competence and diligence. Rule 18.03 and
Rule 18.04 states that a lawyer shall keep
the client informed of the status of his case
and shall respond within a reasonable time
to the client’s request for information.
Respondent Atty. Ga breached these duties
when he failed to reconstitute or turn over
the records of the case to his client, herein
complainant Gone (Patricio Gone vs. Atty.
Macario Ga, A.C. No. 7771, April 6, 2011).
Duty when the accused intends to plead
guilty
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A plea of guilty isan admission by the accused
of his guilt of
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crime as charged in the
information and of the truth of the facts alleged,
including the qualifying and aggravating
circumstances.
It is the duty of the defense counsel when his
client desires to enter a plea of guilty to:
a. Fully acquaint himself with the records and
surrounding circumstances of the case;
b. Confer with the accused and obtain from
him his account of what had happened;
c. Thoroughly explain to him the import of a
guilty plea and the inevitable conviction that
will follow;
d. See to it that the prescribed procedure
which experience has shown to be
necessary to the administration of justice is
strictly followed and disclosed in the court
records; and
e. Advise him of his constitutional rights.
Duty to comply with client’s lawful request
A lawyer should endeavor to seek instruction
from his client on any substantial matter
concerning the litigation, which may require
decision on the part of the client, such as
whether to compromise the case or to appeal an
unfavorable judgment. He should give his client
sound advice on any such and similar matter
and comply with the client’s lawful instructions
relative thereto. He should resist and should
never follow any unlawful instruction of his
client.
f. Representation with zeal within legal
bounds
CANON 19: A LAWYER SHALL REPRESENT
HIS CLIENT WITH ZEAL WITHIN THE
BOUNDS OF THE LAW.
 In the discharge of his duty of entire
devotion to the client’s cause, a lawyer
should represent every remedy or defense
authorized by law in support of his client’s
cause, regardless of his personal views
(Legarda vs. CA, 195 SCRA 418, March 18,
1991).
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 A lawyer’s duty is not to his client but to the
administration of justice; to that end, his
client’s success is wholly subordinate and his
conduct ought to and must always be
unscrupulously observant of law and ethics
(Maglasang vs. People, 190 SCRA 306, October
4,1990).
i. Use of fair and honest means
Rule 19.01: A lawyer shall employ only fair
and honest means to attain the lawful
objectives of his client and shall not
present, participate in presenting or
threaten to present unfounded criminal
charges to obtain an improper advantage
in any case or proceeding.
 Under this Rule, a lawyer should not file or
threaten to file any unfounded or baseless
criminal case or cases against the
adversaries of his client designed to secure
a leverage to compel the adversaries to
yield or withdraw their own cases against
the lawyer’s client (Fernando Martin O. Pena,
vs. Atty. Lolito G. Aparicio, A.C. No. 7298, June
25, 2007).
Note: As officers of the court, counsels are
under obligation to advise their clients against
making untenable and inconsistent claims. The
counsel should inform his client and dissuade
him from filing the case if it is totally devoid of
merit. If he finds that his client’s cause is fairly
meritorious and ripe for judicial adjudication, he
should refrain from making bold and confident
assurances of success.
ii. Client's fraud
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.
Note: This is related to the Rule regarding the
duty of a lawyer not to volunteer the
information concerning the client’s fraud to
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anybody, as it will violate his obligation to
maintain his client’s secrets undisclosed (Rule
15.08, Canon 15, CPR).
ii. Procedure in handling the case
Rule 19.03: A lawyer shall not allow his
client to dictate the procedure on handling
the case.
This rule speaks of procedure only. In brief, in
matters of procedure, where he is skilled, he is
in control but not as to the subject matter of the
case (Pineda, Legal Ethics Annotated, p. 311).
 Even if a lawyer believes that the appeal of
his client is frivolous, he cannot move to
dismiss the appeal without the consent of
his client. His remedy is to withdraw from
the case (People vs. Pagaro, Minute Resolution,
G.R. No. 930026-27, July 24, 1991).
g. Attorney’s Fees
Requisites to be entitled:
a. Existence of attorney-client relationship; and
b. Rendition by the lawyer of services to the
client (Sato v. Rallos, G.R. No. L-17194,
September 30, 1964).
 Plaintiff who files a complaint as a pauper
while exempted from payment of legal fees
is not exempted from payment of attorney’s
fees (Cristobal vs. Employees’ Compensation
Commission, G.R. No. L-49280, April 30, 1980).
Authority of a lawyer to appear for or
represent a client
Appearance – the coming into court as a party
either as a plaintiff or as a defendant and asking
relief therefrom
Presumption of Authority
An attorney is presumed to be properly
authorized to represent any cause in which he
appears in all stages of the litigation and no
written authority is required to authorize him
to appear.

In fact, the absence of a formal notice of
entry of appearance will not invalidate the
acts performed by the counsel in his client’s
name. However, the court, on its own initiative
or on motion of the other party require a lawyer
to adduce authorization from the client.
Indeed, even an unauthorized appearance of
an attorney may be ratified by the client either
expressly or impliedly. Ratification retroacts to
the date of the lawyers first appearance and
validates the action taken by him.
The fact that a second attorney enters an
appearance on behalf of a litigant does not
authorize a presumption that the authority of
the first attorney has been withdrawn. There is
no question that a party may have two or more
lawyers working in collaboration as his counsel
in a given litigation (Land Bank Of The Philippines
vs. Pamintuan Development Co., Represented By
Mariano Pamintuan, Jr., G.R. No. 167886, October
25, 2005).
Ratification of Unauthorized Appearance
a. Express: categorical assertion by client that
he has authorized a lawyer or that he
confirms his authorization to represent him
in the case.
b. Implied: where a party with knowledge of
the fact that a lawyer has been representing
him in case, accepts benefits of
representation or fails to promptly repudiate
the assumed authority.
Requisites for Implied Ratification by
Silence
i. Party represented by lawyer must be of
age, competent or if suffering from
disability, has a guardian or legal
representative;
ii. Party or guardian is aware of attorney’s
representation; and
iii. He fails to promptly repudiate assumed
authority.
Effects of an Unauthorized Appearance
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a. Party is not bound by the attorney’s
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appearance in the case or by the judgment
rendered therein;
b. Court does not acquire jurisdiction over
the person if the party has not been served
with summons;
c. The adverse party who has been forced to
litigate as a defendant by the authorized
action on the part of the attorney for the
plaintiff may, on that ground, move for the
dismissal of the complaint; and
d. If unauthorized appearance is willful,
attorney may be cited for contempt as
an officer of the court who has misbehaved
in his official transactions, and he may be
disciplined for professional misconduct.
Authority of attorney in the conduct of
litigation
a) A lawyer has authority to bind the client
in all matters of ordinary judicial procedure.
He can bind his client on substantial matters
only with the client’s express or implied
consent
b) A client may waive, surrender, dismiss,
or compromise any of his rights
involved in litigation in favor of the other
party even without or against the consent of
his attorney.
Authority to compromise
Compromise – a contract whereby the parties,
by making reciprocal concessions, avoid
litigation or put an end to one already
commenced (Art. 2028, NCC).
General Rule: The attorney has no authority to
compromise his client’s case (Sec. 23, Rule 138,
RRC).
Exception: Where the lawyer is confronted
with an emergency and prompt, urgent action is
necessary to protect the interest of his client
and there is no opportunity for consultation with
him.
 A client has an undoubted right to settle a
suit without the intervention of his lawyer,
for he is generally conceded to have the
exclusive control over the subject-matter of
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the litigation and may, at any time before
judgment, if acting in good faith,
compromise, settle, and adjust his cause of
action out of court without his attorney’s
intervention, knowledge, or consent, even
though he has agreed with his attorney not
to do so. Hence, a claim for attorney’s fees
does not void the compromise agreement
and is no obstacle to a court approval (Atty.
Mangontawar M. Gubat vs. NAPOCOR, G.R. No.
167415, February 26, 2010).
 Though there is a valid agreement for the
payment to the attorney of a large
proportion of the sum recovered in case of
success this does not give the attorney
such an interest in the cause of action
that it prevents plaintiff from compromising
the suit (Rustia v. The Judge of First Instance of
Batangas, G.R. No. L-19695 November 17,
1922).
 We have recently held that a client has
always the right to settle his cause of
action and stop litigation at any stage of
the proceeding, subject, however, to the
right of the attorney to receive
compensation for services rendered (Aro v.
The Hon. Nañawa, G.R. No. L-24163 [1969]).
Mistakes or Negligence of Lawyer are
binding upon client
General Rule: Client is bound by attorney’s
conduct, negligence and mistake in handling
case or in management of litigation and in
procedural technique, and he cannot be heard
to complain that result might have been
different had his lawyer proceeded differently
(Vivero v. Santos, 98 Phil 500, February 28, 1956).
Exceptions:
1. Where adherence thereto results in outright
deprivation of client’s liberty or property or
where interest of justice so requires;
2. Where error by counsel is purely technical
which does not substantially affect the
client’s cause;
3. Ignorance, incompetence or inexperience of
a lawyer is so great and error so serious
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that client, who has good cause, is
prejudiced and denied a day in court;
4. Gross negligence of lawyer; and
5. Lack of acquaintance with technical part of
procedure.
Canon 20: A lawyer shall charge only fair
and reasonable fees.
An attorney shall be entitled to have and recover
from his client no more than a reasonable
compensation for his services, with a view to the
importance of the subject matter of the
controversy, the extent of the services rendered,
and the professional standing of the attorney.
No court shall be bound by the opinion of
attorneys as expert witnesses as to the proper
compensation, but may disregard such
testimony and base its conclusion on its own
professional knowledge. A written contract for
services shall control the amount to be paid
therefor unless found by the court to be
unconscionable or unreasonable (Sec. 24, Rule
138, RRC).
 Surely, "the client cannot, by setting,
compromising or dismissing his suit during
its pendency, deprive the attorney of his
compensation for the agreed amount, unless
the lawyer consents to such settlement,
compromise or dismissal" (Regino B. Aro,
Petitioner vs. The Hon. Arsenio Nañawa,
Presiding Judge Of Branch Iv, Court Of First
Instance Of Laguna, Luis Magtibay, Pablo
Magtibay, Aurello Martinez, Gregorio Lontok,
Maria Mendoza, Maximo Porto And Rosarlo
Andaya, respondents., G.R. No. L-24163, April
28, 1969 citing Legal and Judicial Ethics by
Martin, 1967 Rev. Ed p. 121).
 Although the professional services rendered
by the petitioner are purely administrative
and did not require a high degree of
professional skill and experience, the fact
remains that these services were rendered
and were productive of substantial beneficial
results to his clients. It is clear that for these
services the petitioner is entitled to
compensation, and the only question is the
reasonable amount to which he is entitled.
(Alejandro De Guzman, Petitioner vs. Visayan
Rapid Transit Co., Inc., Negros Transportation

Co., Inc., And Nicolas Concepcion, Respondents.
G.R. No. 46396, September 30, 1939).
When Attorney’s fees are deemed
unconscionable
 Attorney's fees are unconscionable if they
affront one's sense of justice, decency
or reasonableness (Evangelina Masmud (As
Substitute Complainant For Alexander J.
Masmud), petitioner vs. National Labor Relations
Commission (First Division) and Atty. Rolando B.
Go, Jr., respondents, G.R. No. 183385, February
13, 2009).
 Stipulated attorney's fees are
unconscionable whenever the amount is by
far so disproportionate compared to the
value of the services rendered as to
amount to fraud perpetrated upon the
client. This means to say that the amount
of the fee contracted for, standing alone and
unexplained would be sufficient to show
that an unfair advantage had been
taken of the client, or that a legal fraud
had been perpetrated on him (Francisco
Rayos, petitioner vs. Atty. Ponciano G.
Hernandez, respondent, G.R. NO. 169079,
February 12, 2007).
 The decree of unconscionability or
unreasonableness of a stipulated amount in
a contingent fee contract will not preclude
recovery. It merely justifies the fixing
by the court of a reasonable
compensation for the lawyer's services.
(Evangelina Masmud (As Substitute Complainant
For Alexander J. Masmud), Petitioner, Vs.
National Labor Relations Commission (First
Division) And Atty. Rolando B. Go, Jr.,
Respondents, G.R. No. 183385, February
13,2009; Francisco Rayos, Petitioner, Vs. Atty.
Ponciano G. Hernandez, Respondent, G.R. No.
169079, February 12, 2007).
i. Acceptance fees
Rule 20.01: A lawyer shall be guided by
the following factors in determining his
fees:
1. The time spent and the extent of the
services rendered or required;
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2. The novelty and difficulty of the questions
involved;
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3. The importance of the subject matter;
4. The skill demanded;
5. The probability of losing other
employment as a result of acceptance of
the proffered case;
6. The customary charges for similar
services and the schedule of fees of the
IBP chapter to which he belongs;
7. The amount involved in the controversy
and the benefits resulting to the client
from the service;
8. The contingency or certainty of
compensation;
9. The character of the employment, whether
occasional or established; and
10. The professional standing of the lawyer.
 With his capital consisting of his brains and
with his skill acquired at tremendous cost
not only in money but in expenditure of time
and energy, he is entitled to the protection
of any judicial tribunal against any attempt
on the part of his client to escape payment
of his just compensation (Masmud v. NLRC,
G.R. No. 183385, February 13, 2009).
 It follows that a lawyer’s compensation for
professional services rendered is 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
(Rayos v. Atty. Hernandez, G.R. No. 169079,
February 12, 2007).
 Article 111 of the Labor Code deals with
the extraordinary concept of attorney's fees.
It regulates the amount recoverable as
attorney's fees in the nature of damages
sustained by and awarded to the prevailing
party. It may not be used as the
standard in fixing the amount payable
to the lawyer by his client for the legal
services he rendered (Evangelina Masmud
(As Substitute Complainant For Alexander J.
Masmud), Petitioner, Vs. National Labor Relations
Commission (First Division) And Atty. Rolando B.
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Go, Jr., Respondents, G.R. No. 183385, February
13, 2009).
 Also, while it limits the maximum allowable
amount of attorney's fees, it does not
direct the instantaneous and automatic
award of attorney's fees in such maximum
limit (Traders Royal Bank Employees Union-
Independent, Petitioner, Vs. National Labor
Relations Commission And Emmanuel Noel A.
Cruz, Respondents, G.R. No. 120592, March 14,
1997).
 The fact that petitioner and private
respondent failed to reach a meeting of the
minds with regard to the payment of
professional fees for special services will not
absolve the former of civil liability for the
corresponding remuneration therefor in
favor of the latter. A quasi-contract between
the parties in the case at bar arose from
private respondent's lawful, voluntary and
unilateral prosecution of petitioner's cause
without awaiting the latter's consent and
approval (Traders Royal Bank Employees Union-
Independent v. National Labor Relations
Commission And Emmanuel Noel A. Cruz, G.R.
No. 120592, March 14, 1997).
 Respondents' claim for additional legal fees
was not justified. They could not charge
petitioner a fee based on percentage,
absent an express agreement to that effect
(Vinson B. Pineda, Petitioner, Vs. Atty. Clodualdo
C. De Jesus, Atty. Carlos Ambrosio And Atty.
Emmanuel Mariano, Respondents, G.R. No.
155224, August 23, 2006).
Attorney’s Fees as Damages
General Rule: Attorney’s Fees as damages is
not recoverable because it is not the fact of
winning that ipso facto justifies the award but
the attendance of any of the special
circumstances.
Exceptions:
1. There is an agreement;
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2. Exemplary damages are awarded;
3. Defendant’s action or omission in gross bad
faith compelled plaintiff to litigate;
4. In criminal cases of malicious
prosecution;
5. Defendant was acquitted;
6. Person who charged him knowingly made
the false statement of facts or that the
filing was prompted by sinister design to
vex him;
7. Action is clearly unfounded and is so
untenable that it amounts to gross bad
faith;
8. Actions for support;
9. Cases for the recovery of wages;
10. Defendant acted in gross and evident
bad faith;
11. In actions for indemnity under workmen’s
compensation and employees liability
laws;
12. In separate civil action arising from a
crime;
13. When at least double costs are awarded
which is usually awarded to frivolous
actions;
14. When the court deems it just and
equitable; and
15. A special law so authorizes
Two Concepts of Retainer
(a) Act of a client by which he engages the
services of an attorney to render legal
advice or to defend or prosecute his cause
in court;
(b) Fees which client pays to the attorney
Kinds of Retainer Agreement
a. General retainer – the fees paid to a
lawyer to secure his future services as
general counsel for any ordinary legal
problem that may arise in the ordinary
business of the client and referred to him for
legal action. The client pays fixed retainer
fees which could be monthly or otherwise.
The fees are paid whether or not there are
cases referred to the lawyer;

b. Special retainer – fee for a specific case
or service rendered by the lawyer for the
client.
Kinds of payment that may be stipulated
upon:
a. Fixed or Absolute Free – that which is
payable regardless of the result of the case
 A fixed fee payable per appearance
 A fixed fee computed upon number of
hours spent
 A fixed fee based on piecework
b. Contingent Fee – that which is conditioned
on the securing of a favorable judgment and
recovery of money or property and the
amount of which may be on a percentage
basis
 The second issue is whether an attorney
can recover fees based on a
contingency fee contract if, prior to full
consideration of the contingency, the
attorney ceases to render the required
legal services for his client. We hold that
under the circumstances of this case an
attorney may not recover on the
contract but must seek recovery of fees
on the theory of quantum meruit.
The rule is that, where the
compensation of an attorney is to be
paid to him contingently on the
successful prosecution of a suit and he
is discharged or prevented from
performing the service, the measure of
damages is not the contingent fee
agreed upon, but reasonable
compensation for the services actually
rendered.
When an attorney is guilty of fraudulent acts or
gross misconduct in violation of a statute or
against public policy, the client may have a
complete defense to the attorney's action for
fees (Lawrence M. Ross, Appellant, V. William G.
Scannell, Respondent., 97 Wn.2d 598 (1982)).
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 A contract for contingent fee where
COMMISSIONS
sanctioned by law should be reasonable
under all the circumstances of the case
including the risk and uncertainty of the
compensation, but should always be subject
to the supervision of a court, as to its
reasonableness. In the instant case, Attys.
Roxas and Pastor received an amount which
was equal to forty-four (44%) of the just
compensation paid or an amount equivalent
to P23,980,000 of the P54,500,000.
Considering that there was no full blown
hearing in the expropriation case, ending as
it said in a Compromise Agreement, the
44% is, undeniably, unconscionable and
excessive under the circumstances (Roxas, et
al. vs. De Zuzuarregui, Jr., et al., G.R. No.
152072, January 31, 2006).
 An acceptance fee is not a contingent fee,
but is an absolute fee arrangement which
entitles a lawyer to get paid for his efforts
regardless of the outcome of the litigation. -
Yu v. Bondal, A.C. No. 5534, January 17, 2005 An
attorney who was engaged on a contingent
fee basis may not, in order to collect his
fees, prosecute an appeal despite his client's
refusal to appeal the decision of the trial
court. Arguing that by virtue of his contract,
he is a creditor under Art. 1052, the
Supreme Court ruled that said Article
protects the creditor of a repudiating heir.
Petitioner is not a creditor of Rosa del
Rosario. The payment of his fees is
contingent and dependent upon the
successful probate of the holographic will.
Since the petition for probate was dismissed
by the lower court, the contingency did not
occur. Attorney Leviste is not entitled to his
fee (Leviste vs. CA, G.R. No. L-29184).
Champertous Contract – an agreement
whereby an attorney undertakes to pay the
expenses of the proceedings to enforce the
client’s rights in exchange for some bargain to
have a part of the thing in dispute. Such
contracts are contrary to public policy and are
thus void or inexistent (Conchita Baltazar,et al. v.
Atty. Juan B. Bañez, Jr., A.C. No. 9091, December 11,
2013).
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Reason for prohibition: The rule of the
profession that forbids a lawyer from contracting
with his client for part of the thing in litigation in
exchange for conducting the case at the
lawyer’s expense is designed to prevent the
lawyer from acquiring an interest between him
and his client.
 To permit these arrangements is to enable
the lawyer to "acquire additional stake in the
outcome of the action which might lead him
to consider his own recovery rather than
that of his client or to accept a settlement
which might take care of his interest in the
verdict to the sacrifice of that of his client in
violation of his duty of undivided fidelity to
his client’s cause (Conjugal Partnership of the
Spouses Vicente Cadavedo v. Atty. Lacaya, G.R.
No. 173188, January 15, 2014).
ii. Contingency fee arrangements
 Contingent fee contracts are permitted in
this jurisdiction because they redound to the
benefit of the poor client and the lawyer
"especially in cases where the client has
meritorious cause of action, but no means
with which to pay for legal services unless
he can, with the sanction of law, make a
contract for a contingent fee to be paid out
of the proceeds of litigation. Oftentimes, the
contingent fee arrangement is the only
means by which the poor clients can have
their rights vindicated and upheld."
As long as the lawyer does not exert undue
influence on his client, that no fraud is
committed or imposition applied, or that the
compensation is clearly not excessive as to
amount to extortion, a contract for
contingent fee is valid and enforceable
(Fabillo v. IAC G.R. No. L-68838 March 11,
1991).
 A much higher compensation is allowed as
contingent fee in consideration of the risk
that the lawyer may get nothing should the
suit fail. Such arrangement is generally
recognized as valid and binding in this
jurisdiction but its terms must be reasonable
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(Sps. Jacinto vs. Atty. Bangot, Jr., A.C. No. 849,
October 5, 2016).
 If a physician's fee for medical services is
contingent on the successful outcome of a
claim, such as a malpractice or worker's
compensation claim, there is the ever
present danger that the physician may
become less of a healer and more of an
advocate or partisan in the proceedings
(Greg SWAFFORD, M.D., Plaintiff/Appellee, V.
Robert G. “Greg” HARRIS, And Darrell R. Ryland,
Individually And “P.C.”,
Defendants/Appellants.). 
CHAMPERTOUS CONTINGENT
CONTRACT CONTRACT
Payable in kind only Payable in cash
Lawyers undertake to Lawyers do not
pay all expenses of undertake to pay all
litigation expenses of litigation
Void Valid
iii. 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 funds 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 clients, 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 just fees and disbursements
(Rule 138 Sec. 37, Revised Rules of Court).
Charging lien – x x x 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 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 payment of
his just fees and disbursements (Rule 138 Sec.
37, Revised Rules of Court).
There Must be a Favorable Judgment
 A charging lien to be enforceable as security
for the payment of attorney’s fees requires
as a condition sine qua non a judgment for
money and execution in pursuance of such
judgment secured in the main action by the
attorney in favor of his client. A charging
lien presupposes that the attorney has
secured a favorable money judgment for his
client (Rilloza, et. al. v. Eastern
Telecommunications Phils., Inc., G.R.
104600, 1999).
iv. Fees and controversies with clients
(Quantum Meruit)
Rule 20.02: A lawyer shall, in case 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.
Rule 20.04: A lawyer shall avoid
controversies with clients concerning his
compensation and shall resort to judicial
action only to prevent imposition, injustice
or fraud.
 A lawyer may enforce his right to his fees by
filing the necessary petition as an incident of
the main action in which his services were
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rendered or in an independent suit against
COMMISSIONS
his client. The former is preferable to avoid
multiplicity of suits.
Suits to collect fees should be avoided and
should be filed only when circumstances
force lawyers to resort to it (Pineda v. Atty.
De Jesus, et. al. G.R. No. 155224 August 23,
2006).
Effect of nullity of contract on the right to
attorney’s fees
1. If the nullification is due to the illegality of
its object, the lawyer is precluded from
recovering; and
2. If the nullity is due to a formal defect or
because the court has found the amount to
be recovered is unconscionable, the lawyer
may recover for any services rendered
based on quantum meruit.
When and where may a claim of fees be
No. asserted?
a) The very action in which the services in
question have been rendered, or
b) In a separate civil action
Independent civil action to recover attorney’s
fees is necessary:
1. The main action is dismissed or nothing is
awarded;
2. The court had decided that it has no
jurisdiction over the main litigation or has
already lost it;
3. The person liable for attorney’s fees is not a
party to the main action;
4. The court reserved to the lawyer the right to
file a separate civil suit for recovery of
attorney’s fees;
5. The subject services are not connected with
the subject litigation; or
6. The judgment debtor has fully paid all of the
judgment proceeds to the judgment creditor
and the lawyer has not taken any legal step
to have his fees paid directly to him from
the judgment proceeds.
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Compensation to which a lawyer
entitled to depending on his capacity
a. Counsel de Parte – he is entitled to the
reasonable attorney’s fees agreed upon, or
in the absence thereof, on quantum meruit
basis;
b. Counsel de Oficio – The counsel may not
demand from the accused attorney’s fees
even if he wins the case. He may, however,
collect from the government funds, if
available based on the amount fixed by the
court;
c. Amicus Curiae – not entitled to attorney’s
fees
Quantum Meruit – literally meaning “as much
as he deserves” or such amount as his services
merit.
 This applies if a lawyer is employed without
a price agreed upon for his services in which
case he would be entitled to receive what he
merits for his services, as much as he has
earned (Quilban vs. Robinol, A.M. No. 2144,
April 10, 1989).
 A device to prevent undue enrichment
based on the equitable postulate that it is
unjust for a person to retain benefit without
paying for it. It is applicable even if there
was a formal written contract for attorney’s
fees as long as the agreed fee was found by
the court to be unconscionable (Atty. Orocio
v. Angulan et. al., G.R. No. 179892-93, January
30, 2009).
Purposes of Application Quantum Meruit
 The recovery of attorney’s fees on this basis
is permitted, as in this case, where there is
no express agreement for the payment of
attorney’s fees. Basically, it is a legal
mechanism which prevents an unscrupulous
client from running away with the fruits of
the legal services of counsel without paying
for it. In the same vein, it avoids unjust
enrichment on the part of the lawyer himself
(Pineda v. Atty. De Jesus, et. al. G.R. No. 155224
August 23, 2006).
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is Instances of recovery of attorney’s fees on
the basis of quantum meruit:
1. There is no express contract for payment of
attorney’s fees agreed upon between the
lawyer and the client;
2. When although there is a formal contract for
attorney’s fees, the fees stipulated are found
unconscionable;
3. When the contract for attorney’s fees is void
due to purely formal defects of execution;
4. When, for justifiable cause, the lawyer was
not able to finish the case;
5. When the lawyer and the client disregard
the contract for fees; and
6. When the client dismissed his counsel
before the termination of the case.
Guides for determining attorney’s fees on
the basis of quantum meruit:
a. Time spent and extent of the services
rendered or required – a lawyer is justified
in fixing higher fees when the case is so
complicated and requires more time and
effort to finish it;
b. Importance of subject matter – the more
important the subject matter or the bigger
the value of the interest of property in
litigation, the higher the attorney’s fees;
c. Novelty and difficulty of questions involved –
when the questions in a case are novel and
difficult, greater effort, deeper study and
research are bound to burn the lawyer’s
time and stamina considering that there are
no local precedents to rely upon;
d. Skill demanded of a lawyer – the totality of
the lawyer’s experience provides him the
skill and competence admired in lawyers.
Written agreement on attorney’s fees is
controlling:
 An agreement between the lawyer and his
client, providing for the former’s
compensation, is subject to the ordinary
rules governing contracts in general. As the
rules stand, controversies involving

written and oral agreements on
attorney’s fees shall be resolved in
favor of the former (Conjugal Partnership of
the Spouses Vicente Cadavedo v. Atty. Lacaya,
G.R. No. 173188, January 15, 2014).
Is a written contract needed?
 A written contract is NOT necessary in the
employment of an attorney. It is not an
essential element and the contract maybe
express or implied. It is suffecient that the
advice and assistance of an attorney is
sought an received in any matter pertinent
to his profession (Sps. Rabanal vs. Atty.
Tugade, 432, Phil. 1064).
v. Concepts of attorney's fees
a) Ordinary concept - An attorney’s fee is the
reasonable compensation paid to a lawyer for
the legal services he has rendered to his
client. The basis of this compensation is the
fact of employment by the client.
b) Extraordinary concept - An attorney’s fee
is an indemnity for damages ordered by the
court to be paid by the losing party to the
prevailing party in litigation. The basis of this
is any of the cases authorized by the law and
is payable not to the lawyer but to the client
– unless they have agreed that the award
shall pertain to the lawyer as additional
compensation or as part thereof.
Preservation of client’s confidence
CANON 21: A LAWYER SHALL PRESERVE
THE CONFIDENCE AND SECRETS OF HIS
CLIENT EVEN AFTER THE ATTORNEY-
CLIENT RELATION IS TERMINATED
i. Prohibited Disclosure and Use
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 a third person, unless
the client with full knowledge of the
circumstances consents thereto.
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General Rule: Coverage of Attorney-Client
Privilege
COMMISSIONS
The following persons are covered by the
attorney-client privilege:
1. Lawyer;
2. Client; and
3. Third persons who by reason of their work
have acquired information about the case
being handled such as:
a. Attorney’s secretary, stenographer, and
clerk
b. Interpreter, messengers and agents
transmitting communication; and
c. An accountant, scientist, physician,
engineer who has been hired for
effective consultation (Agpalo, Legal and
Judicial Ethics, 2009 ed, pp. 276-277).
Exceptions:
1. When there is consent or waiver of client
 Waiver cannot be made partially. A
waiver in part is a waiver in whole for a
client may not remove the seal of
confidentiality for his advantage and
insist that it be privileged as to so much
made to the disadvantage of his
adversary (Orient Insurance Co. vs. Revilla,
54 Phil 919, September 17, 1930).
2. When the law requires disclosure;
3. When disclosure is made to protect the
lawyer’s rights (i.e. to collect his fees or
defend himself, his employees or associates
or by judicial action); and
4. When such communications are made in
contemplation of a crime or the perpetuation
of a fraud.
 A communication relating to a fraud already
commenced is privileged.
 Payment of a retainer fee is not essential
before an attorney can be required to
safeguard a prospective client’s secret
acquired by an attorney during the course of
consultation with the prospective client,
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even if the attorney did not accept the
employment.
 The essence of the veil of secrecy is that the
communication between attorney and client
is intended by the client not for the purpose
of seeking legal advice from his attorney as
to his agents or obligations.
Note: The mere relation of attorney and client
does not raise a presumption of confidentiality.
The client must intend the communication to be
confidential. (Pineda, Legal Ethics Annotated, p.
237). Further, the communication (knowledge or
information) or the physical object must have
been transmitted to the counsel by the client for
the purpose of seeking legal advice
The privilege continues to exist even after the
termination of the attorney-client relationship. It
outlasts the lawyer’s engagement. The
privileged character of the communication
ceases only when waived by the client himself or
after his death, by the heir or by the legal
representative.
Disclosure of names of client
General Rule: The lawyer may not invoke the
privilege and refuse to divulge the name or
identity of his clients.
Exceptions:
a. When there is a strong possibility that
revealing the clients name would implicate
the client in the very activity for which he
sought the lawyer’s advice;
b. When disclosure would open the client to
civil liability; and
c. When government’s lawyers have no case
against an attorney’s client and revealing
the clients name would furnish the only link
that would form the chain of testimony
necessary to convict him
Disclosure to protect attorney’s rights
a. If an attorney is accused by his client of
misconduct in the discharge of his duty, he
may disclose the truth in respect to the
accusation, including the client’s instructions
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or the nature of the duty, which his client
expected him to perform
b. If an attorney is charged by a third person
in connection with the performance of his
duty to his client, he may also disclose his
client’s confidence relative thereto
c. If such disclosure or use is necessary to
enable him to secure his rights
Lawyer as Witness
A lawyer shall avoid testifying in behalf of his
client. The function of witness is to tell the facts
as he recalls them in answer to questions. The
function of an advocate is that of a partisan. It
is difficult to distinguish between the zeal of an
advocate and the fairness and impartiality of a
disinterested witness.
Instances when a lawyer may not testify
as a witness in a case which he is handling
for a client
a. When such would adversely affect any
lawful interest of the client with respect to
which confidence has been reposed on him;
b. Having accepted a retainer, he cannot be a
witness against his client;
c. He cannot serve conflicting interests;
d. When he is to violate the confidence of his
client; and
e. When as an attorney he is to testify on the
theory of the case
Instances when a lawyer may testify as a
witness in a case which he is handling for
a client
a. On formal matters, such as the mailing,
authentication or custody of an instrument
and the like;
b. Acting as an expert on his fees;
c. Acting as an arbitrator;
d. Deposition; and
e. 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.
Interviewing Witnesses

Witness – is a human instrumentality through
which the law and its ministers, the judges and
lawyers, endeavors to ascertain the truth and to
dispense justice to the contending parties.
a. A lawyer may interview a witness in advance
of trial to guide him in the management of
the litigation
b. A lawyer may also interview a prospective
witness for the opposing side in any civil or
criminal action without the consent of the
opposing counsel or party
c. A lawyer may properly obtain statements
from witnesses whose names were
furnished by the opposing counsel or
interview the employees of the opposing
party even though they are under subpoena
to appear as witnesses for the opposite side
d. If after trial resulting in defendant’s
conviction, his counsel has been advised
that a prosecution witness has committed
perjury, it is not only proper but it is the
lawyer’s duty to endeavor honorably to
obtain such witness’ retraction, even without
advising the public prosecutor of his purpose
and even though the case is pending appeal
e. An adverse party, though he may be used
as a witness, is not, however, a witness
within the meaning of the rules permitting a
lawyer to interview the witness of the
opposing counsel.
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.
Information obtained by a lawyer from his client
is, at first instance, immediately confidential and
secret. The lawyer should, in fact, consider such
information as delicate matters to be handled
with reasonable secrecy. This confidential
information obtains even against government
agencies and instrumentalities.
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Rule 21.04: A lawyer may disclose the
COMMISSIONS
affairs of a client of the firm to partners or
associates thereof unless prohibited by the
client.
The confidentiality of the client’s affairs is so
paramount that it can even be imposed even
within the law firm of the lawyer. And it is so
paramount that even partners within the law
firm can be excluded from the client’s
confidence. Under this Rule, it is clear that a
client’s trust on a lawyer does not necessarily
extend to the law firm itself nor to the other
members of the law firm. Indeed, trust and
confidence is a very personal matter for 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.
The confidentiality rule between the lawyer and
his client will be negated and defeated where
other persons within his law firm breach the
confidentiality. Thus, to give full effect to the
confidentiality rule, the lawyer must take further
steps to ensure that such confidentiality is kept
and respected in all aspects.
Rule 21.06: A lawyer shall avoid indiscreet
conversation about a client’s affairs even
with members of his family.
The lawyer is directed to be discreet in
conversing about a client’s affairs. Hence, when
it comes to sensitive matters, the lawyer must
decline to comment. On sensational matters,
particularly those that have generated public
interest, the lawyer must exercise great self-
restraint and decline from making any
commentaries.
Rule 21.07: A lawyer shall not reveal that
he has been consulted about a particular
case except to avoid possible conflict of
interest.
The rule of lawyer-client confidentiality does not
only cover matters that were discussed in
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consultation but covers as well the very fact of
consultation. Only the client himself should
reveal that any consultation was made, at his
discretion. This rule should be taken together
with Rule 15.02, CPR and with Article 209 of the
RPC.
i. Disclosure, when allowed
Rule 21.01 - A lawyer shall not reveal the
confidences or secrets of his client except:
1. When authorized by the client after
acquainting him of the consequences of the
disclosure;
2. When required by law;
3. When necessary to collect his fees or to
defend himself, his employees or associates
or by judicial action.
Confidences – it refers to information
protected by the attorney- client privilege under
applicable law.
Secrets – it refers to information gained in the
professional relationship that the client has
requested to be held inviolate or the disclosure
of which would be embarrassing or detrimental
to the client.
i. Withdrawal of services
CANON 22: A LAWYER SHALL WITHDRAW
HIS SERVICES ONLY FOR GOOD CAUSE
AND UPON NOTICE APPROPRIATE IN THE
CIRCUMSTANCES.
Termination of Attorney-Client
Relationship
1. When the lawyer withdraws his services
2. When the client discharges the lawyer
a. The right of a client to dismiss his
counsel at any time is not without
limitation. The discharge of an attorney
or his substitution without justifiable
cause shall not negate the attorney’s
right to full payment.
3. Other causes
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a. Death of lawyer;
b. Death of client;
c. Appointment or election of the lawyer to
a government position which prohibits
private practice of law;
d. Full termination of the case;
e. Disbarment or suspension of the lawyer
from the practice of law;
f. Intervening incapacity or incompetence
of the client during the pendency of the
case;
g. Declaration of presumptive death of
lawyer; and
h. Conviction of a crime and imprisonment
of lawyer.
Rule 22.01: A lawyer may withdraw his
services in any of the following cases:
1. When the client pursues an illegal or
immoral course of conduct in connection
with the matter he is handling;
2. When the client insists that the lawyer
pursue conduct violative of these canons
and rules;
3. When his inability to work with co-counsel
will not promote the best interest of the
client;
4. When the mental or physical condition of
the lawyer renders it difficult for him to
carry out the employment effectively;
5. When the client deliberately fails to pay the
fees for the services or fails to comply with
the retainer agreement;
6. When the lawyer is elected or appointed to
public office; and
7. Other similar cases.
He may also retire at any time from an action or
special proceeding, without the consent of his
client, should the court, on notice of the client
and attorney, and on hearing, determine that he
ought to be allowed to retire (Sec. 26, Rule 138,
RRC).
In 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 grand his
withdrawal and therefore must still appear
on the date of hearing (Pineda, Legal Ethics
2009). He must serve a copy of his petition
upon his client and the adverse party at
least three days before the date set for
hearing, otherwise the court may treat the
application as a mere scrap of paper.
(Humberto Lim vs Atty. Nianor Villarosa, A.C. No.
5303, June 15, 2006).
 With respect to his alleged formal
withdrawal as counsel, the SC held that the
lawyer should have filed the Notice of
Withdrawal himself, being more adept with
court procedures and practice. His failure to
do so rendered him negligent in handling his
clients’ case (Francisco v. Portugal, A.C. No.
6155, 14 March 2006).
Acceptance of Incompatible Office
 A lawyer who accepts public office ceases,
by operation of law, to engage in private
law practice, and becomes disqualified from
continuing to represent a client in cases,
which the law prohibits from doing so, or
requires his entire time to be at the disposal
of the government. His qualification to
public office operates to ruminate the
existing attorney-client relationship (Omico
Mining & Industrial Corp., vs. Vallejos, 63 SCRA
285, June 24, 1965).
Effect of withdrawal as counsel
The attorney who withdraws with good cause is
entitled to fees, but the attorney who withdraws
without good cause is not entitled to fees.
If an attorney is found to have violated the
ethical rules, a court may find that any claim to
fees from the matter is invalid.
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Accordingly, an attorney contemplating
COMMISSIONS
withdrawal must consider whether it would be
with or without cause to determine if the client
is required to pay fees because an attorney's
lien will always be invalid when the client is not
required to pay fees.
Discharge of the Attorney by the Client
The right of a client to terminate a lawyer is
absolute. Such termination may be with or
without cause.
While clients have the right to terminate their
relations with their counsel and make
substitution or change at any stage of the
proceedings, the exercise of such right is subject
to compliance with the prescribed requirements.
This rule is intended to ensure the orderly
disposition of cases, without it, there will be
confusion in the service of processes, pleadings
and other papers.
The lawyer owes loyalty to his client even after
the relation of attorney and client has
terminated. 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.
With just cause
Lawyer is not necessarily deprived of his right to
be paid for his services. He may only be
deprived of such right if the cause for his
dismissal constitutes in itself a sufficient legal
obstacle to recovery.
Without just cause
a. And no express written agreement as to
fees – reasonable value of his services up to
date of his dismissal (quantum meruit);
b. And there is written agreement and the fee
stipulated is absolute and reasonable full
payment of compensation;
c. And the amount stipulated as contingent
fee;
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d. If dismissed before the conclusion of the application for substitution, proof of the
action – reasonable value of his services service of notice of such motion in the
(quantum meruit); and manner required by the rules on the
e. If contingency occurs or client prevents its attorney substituted (Ong Ching v. Ramolete,
occurrence – full amount. 51 SCRA 13, May 18, 1973).

Limitations of client’s right to discharge  Assuming, nevertheless, that respondent

his counsel was justified in terminating his services, he,
however, cannot just do so and leave
1. Client cannot deprive counsel of his right to complainant in the cold unprotected. The
be paid for services rendered if dismissal is lawyer has no right to presume that the
without cause; court will grant his petition for withdrawal.
2. Client cannot discharge counsel as an Until his withdrawal shall have been
excuse to secure repeated extensions of approved, the lawyer remains counsel of
time; and record who is expected by his client as well
3. Notice of discharge required in so far as as by the court to do what the interests of
court and adverse party are concerned. his client require. He must still appear on
the date of hearing for the attorney-client
 Insofar as the court and the other party are relation does not terminate formally until
concerned, the severance of the relation of there is a withdrawal on record (Orcino vs.
Gaspar, A.C. No. 3773, September 24, 1997).
attorney and client is not effective until a
notice of discharge by the client or a
Rule 22.02: A lawyer who withdraws or is
manifestation clearly indicating that purpose
discharged shall, subject to a retainer lien,
is filed with the court and a copy thereof
immediately turn over all papers and
served upon the adverse party.
property to which the client is entitled,
and shall cooperate with his successor in
Change or Substitution of Counsel / Ways
the orderly transfer of the matter,
of changing counsel in a pending case
including all information necessary for the
proper handling of the matter.
1. Client’s discharge of his attorney at any time
with or without cause and thereafter employ
Duties of a Discharged Lawyer or One who
another lawyer who may then enter his
Withdraws from the Engagement
appearance;
2. Attorney himself may initiate the move by
1. Immediately turn-over all papers and
withdrawing his appearance either with the
property to which the client is entitled; and
written consent of his client or with leave of
2. To cooperate with his successor in the
court on some justifiable ground; or
orderly transfer of the case (Funa, Legal and
3. Substitution of counsel in the form of an
Judicial Ethics, 2009, p. 374).
application for that purpose (Laput v.
Remotigue, 6 SCRA 45, September 29, 1962).
B. SUSPENSION, DISBARMENT AND
Requirements: DISCIPLINE OF LAWYERS (Rule 139-B,
Revised Rules of Court in the Philippines, See
Annex C for the full text).
1. Written request for such substitution;
2. Written consent of the client to the  DISCIPLINE OF LAWYERS
substitution;
3. Written consent of the attorney to be
1. Nature and characteristics of
substituted, if such consent can be
disciplinary actions against lawyers
obtained; and,
4. In case such written consent cannot be
a. Sui generis
procured, it must be filed, with the
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 A proceeding for suspension or disbarment
is in reality an investigation by the court into
the misconduct of its officer or an
examination into his character (In re:
Almacen, 31 SCRA 562, G.R. No. L-27654,
Februray 18, 1970).
 The examination, like the one before
admission, is merely a test of fitness. It is
nonetheless a JUDICIAL PROCEEDING
(Santiago vs. Calvo, 48 Phil. 920, March 17,
1926).
i. It is not a civil or criminal proceeding
ii. Double jeopardy cannot be availed of as
a defense
iii. It can be instituted motu proprio by the
Supreme Court or the IBP
iv. It can proceed regardless of interest of
lack of interest of complainant
v. It is confidential
vi. It is imprescriptible
vii. It constitutes due process in itself
 A case of suspension or disbarment 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 proven. This rule is premised on the
nature of disciplinary proceedings. A
proceeding for suspension or disbarment is
not a civil action where the complainant is a
plaintiff and the respondent lawyer is a
defendant. Disciplinary proceedings involve
no private interest and afford no redress for
private grievance. They are undertaken and
prosecuted solely for the public welfare.
They are undertaken for the purpose of
preserving courts of justice from the official
ministration of persons unfit to practice in
them. 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
(Loberes-Pintal vs. Baylosis, A.C. No. 11545
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[Formerly CBD Case No. 12-3439], January 24,
2017). COMMISSIONS
 It is not a criminal prosecution as the
proceedings are not meant as a punishment
depriving him a source of livelihood but is
rather that those who exercise this function
should be competent, honorable and reliable
in order that courts and the public may
rightly repose confidence in them (Ong vs.
Unto, Adm. Case no. 2417, February 6, 2002).
 Disbarment, jurisprudence teaches, should
not be decreed where any punishment less
severe, such as reprimand, suspension, or
fine, would accomplish the end desired. This
is as it should be considering the
consequence of disbarment on the economic
life and honor of the erring person (Atty.
Ricardo Salomon, Jr. V. Atty. Joselito C. Frial,
A.C. No. 7820, September 12, 2008).
 We note the affidavit of desistance filed by
Gonzales. However, we are not bound by
such desistance as the present case involves
public interest. Indeed, the Courts exercise
of its power to take cognizance of
administrative cases against lawyers is not
for the purpose of enforcing civil remedies
between parties, but to protect the court
and the public against an attorney guilty of
unworthy practices in his profession (Leticia
Gonzales v. Atty. Marcelino Cabucana, A.C. No.
6836, January 23, 2006).
 Non-joinder of a party is not a ground
to dismiss a disciplinary proceeding.
We emphasize that in disbarment
proceedings, the Court merely calls upon
members of the bar to account for their
actuations as officers of the Court.
Consequently, only the lawyer who is the
subject of the case is indispensable. No
other party, not even a complainant, is
needed (Chavez vs. Lazaro, A.C. No. 7045,
September 05, 2016 citing Coronel v. Cunanan,
A.C. No. 6738, 12 August 2015).
 Furthermore, the right to institute a
disbarment proceeding is not confined to
clients nor it is necessary that the person
complaining suffered injury from the alleged
wrong. Disbarment proceedings are matters
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of public interest and the only basis for
judgment is the proof or failure of proof of
the charges; and not whether the
complaining witnesses suffered injury from
the acts complained of, nor whether the
complainants waived or withdrew the
charges (Navarro vs. Meneses III, 285 SCRA
586, 1998).
 Thus, the Court ruled that the filing of a
disciplinary complaint does not prescribe,
regardless of the number of years that
lapsed (Heirs of Lydio Falame v. Baguio, A.C.
No. 6876, March 7, 2008).
Q: What are the disciplinary sanctions
Which can be imposed on a lawyer in case
of professional misconduct?
A:
a. Disbarment;
b. Suspension;
c. Interim Suspension;
d. Reprimand;
e. Admonition;
f. Probation
g. Other sanctions and remedies:
i. Restitution;
ii. Assessment of costs;
iii. Limitation upon practice;
iv. Appointment of a receiver;
v. Requirement that the lawyer take
the bar examination or professional
responsibility examination;
vi. Requirement that the lawyer attend
continuing education courses; and
vii. Other requirements that the state’s
highest court or disciplinary board
deems consistent with purposes of
lawyer sanctions.
h. Reciprocal Discipline (IBP Commission
on Bar Discipline Guidelines for
Imposing Lawyer Sanctions).
2. Grounds
The grounds for disbarment or suspension under
Sec. 27, Rule 138 of the Rules of Court are the
following:
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1. Deceit;
2. Malpractice or other gross misconduct in
such office;
3. Gross immoral conduct;
4. Conviction of a crime involving moral
turpitude;
5. Violation of oath of office;
6. Willful disobedience of a lawful order of a
superior court;
7. Corruptly or willfully appearing as an
attorney for a party to a case without
authority to do so; and
8. Disbarment in foreign jurisdiction.
 The grounds enumerated are not exclusive.
The statutory enumeration is not to be
taken as a limitation on the general power
of Supreme Court to suspend or disbar a
lawyer, Hence, a lawyer may be removed
from office, or suspended from the practice
of law by the Court on grounds not found in
the statute as when their acts are contrary
to honesty or good morals or do not
approximate the highest degree of morality
and integrity expected of the members of
the bar (Sta. Maria vs. Tuazon, A.C. No. 396,
July 31, 1964).
Deceit - it is a fraudulent and deceptive
misrepresentation, artifice or device used by one
or more person to deceive and trick another,
who is ignorant or the true facts, to the
prejudice and damage of the party upon which it
was imposed. There must be false
representation as a matter of fact.
 Legal malpractice - pertains to the failure
of an attorney to use such skill, prudence
and diligence as lawyers of ordinary skill and
capacity commonly possess and exercise in
the performance of tasks which they
undertake, and when such failure
proximately causes damage, it gives rise to
an action in tort (Tan Tek Beng vs. David, A.C.
No. 1261, December 29, 1983). The practice of
soliciting cases at law for the purpose of
gain, either personally or through paid
agents or brokers, constitutes malpractice
(Sec. 27, Rule 138, RRC).

 Gross misconduct – It means any
inexcusable, shameful or flagrant unlawful
conduct on the part of the person concerned
in the administration of justice which is
prejudicial to the rights of the parties or to
the determination of a cause, a conduct that
is generally motivated by a predetermined,
obstinate, or intentional purpose (Yumol, Jr.
vs. Ferrer, Sr., A.C. No. 6585, April 21, 2005).
 Gross 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 (De los Reyes vs.
Aznar, A.M. No. 1334, November 28, 1989).
Moral turpitude – defined as everything which
is done contrary to justice, modesty, or good
morals; an act of baseness, vileness or depravity
in the private and social duties which a man
owes his fellowmen, or the society in general,
contrary to justice, honesty, modesty or good
morals (In re: Ba sa, December 7, 1920).
 A lawyer may be disciplined or suspended
from the practice of law for any misconduct,
whether in his professional or private
capacity, which shows him to be wanting
in character, honesty, probity and good
demeanor and thus unworthy to continue as
an officer of the court (Vivo vs. PAGCOR, G.R.
No. 187854, November 12, 2013).
 A lawyer may be disbarred or suspended not
only for acts and omissions of malpractice
and dishonesty in his professional dealings.
He may also be penalized for gross
misconduct not directly connected with his
professional duties that reveal his unfitness
for the office and his unworthiness of the
principles that, the privilege to practice law
confers upon him (Natanuan v. Tolentino, A.C.
No. 4269, October 11, 2016 citing Lizaso v.
Amante, A.C. No. 2019, June 3, 1991).
b. Other Statutory Grounds
i. Acquisition of an interest in the subject
matter of the litigation, either through
purchase or assignment (Art. 1491, NCC);
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ii. Breach of professional duty, inexcusable
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negligence, or ignorance, or for the
revelation of the client’s secrets (Art.
208, RPC);
iii. Representing conflicting interests (Art.
209, RPC).
Quantum of Proof
In disciplinary proceedings against members of
the bar, only clear preponderance of
evidence is required to establish liability. As
long as the evidence presented by complainant
or that taken judicial notice of by the Court is
more convincing and worthy of belief than that
which is offered in opposition thereto, the
imposition of disciplinary sanction is justified
(Aquilino Q. Pimentel, Jr. v. Attys. Antonio M. Llorente
and Ligaya P. Salayon, A.C. No. 4680, August 29,
2000).
3. Proceedings
How proceedings instituted
(a) Proceedings for the disbarment, suspension,
or discipline of attorneys may be taken by
the Supreme Court motu propio; or
(b) Proceedings for the disbarment, suspension,
or discipline of attorneys may be taken by
the Integrated Bar of the Philippines (IBP)
upon the verified complaint of any person
(c) IBP Board of Governors may, motu propio or
upon referral by the Supreme Court or by a
Chapter Board of Officers, or at the instance
of any person, initiate and prosecute proper
charges against erring attorneys including
those in the government service (Sec. 1, Rule
139-B, RRC).
Procedural steps for disbarment in the IBP
(a) Institution of the action
The complaint shall state clearly and
concisely the facts complained of and shall
be supported by affidavits of persons having
personal knowledge of the facts therein
alleged and/or by such documents as may
substantiate said facts (Ibid).
(b) Determination whether the complaint is
meritorious
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Remember
1. Where the complaint lacks merit on its
face, the same may be summarily
dismissed.
2. Where the complaint is filed with the SC
and is prima facie meritorious, the latter
may refer the complaint to the IBP
Board of Governors for appropriate
action.
3. Where the complaint is filed with the
Secretary of the IBP or the secretary of
any of its chapters, the same shall be
transmitted to the IBP Board of
Governors.
(c) Assignment of complaint to IBP National
Grievance Investigator;
 The Board of Governors shall appoint
from among IBP members an
Investigator or, when special
circumstances so warrant, a panel of
three (3) investigators to investigate the
complaint (Sec. 2, Rule 139-B, RRC).
(d) If the complaint is meritorious, the
respondent shall be served with a copy
requiring him to answer within 15 days from
service (Sec., Rule 139-B).
(e) Respondent to file a verified answer in six
(6) copies;
(f) Suspension pending action (Interim
suspension);
After receipt of the answer or lapse of the
period to do so, the Supreme Court, may,
motu propio 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.
(g) Hearing
Upon joinder of issues or upon failure of the
respondent to answer, the respondent shall
be given full opportunity to defend himself;
if upon reasonable notice, the respondent
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fails to appear, the investigation shall
proceed ex parte. The Investigator shall
terminate the investigation within three (3)
months from the date of its commencement,
unless extended for good cause by the
Board of Governors upon prior application
(Sec. 8, Rule 139-B, RRC).
(h) Findings and recommendations of the
investigator
Not later than thirty (30) days from the
termination of the investigation, the
Investigator shall submit a report containing
his findings of fact and recommendations to
the IBP Board of Governors (Sec. 10, Rule
139-B, Ibid).
(i) Review by the Board of Governors
Every case heard by an investigator shall be
reviewed by the IBP Board of Governors
upon the record and evidence transmitted to
it by the Investigator with his report. The
decision of the Board upon such review shall
be in writing and shall clearly and distinctly
state the facts and the reasons on which it
is based. It shall be promulgated within a
period not exceeding thirty (30) days from
the next meeting of the Board following the
submittal of the Investigator's Report (Sec.
12, Rule 139-B, Ibid).
If the Board, by the vote of a majority of its
total membership, determines that the
respondent should be suspended from the
practice of law or disbarred, it shall issue a
resolution setting forth its findings and
recommendations which, together with the
whole record of the case, shall forthwith be
transmitted to the Supreme Court for final
action (Ibid).
If the Board exonerates the respondent or
the disciplinary sanction imposed by it is less
than suspension or disbarment (such as
admonition, reprimand, or fine) it shall issue
a decision exonerating respondent or
imposing such sanction. The case shall be
deemed terminated unless upon petition of
the complainant or other interested party
filed with the Supreme Court within fifteen

(15) days from notice of the Board's
resolution, the Supreme Court orders
otherwise (Ibid).
Procedural Steps for Disbarment by the
Supreme Court
In proceedings initiated motu propio by the
Supreme Court or in other proceedings when
the interest of justice so requires:
1. The Supreme Court may refer the case for
investigation to the Solicitor-General or to
any officer of the Supreme Court; or
2. Refer to judge of a lower court, in which
case the investigation shall proceed in the
same manner provided in Sections 6 to 11
of Rule 139-B, save that the review of the
report of investigation shall be conducted
directly by the Supreme Court (Sec. 13, Rule
139-B, RRC).
 Res ipsa loquitor - does not dispense with
the necessity of proving the facts from
which the inference of evil intent is based. It
merely expresses the clearly sound and
reasonable conclusion that when facts are
admitted or already shown by the record,
and no credible explanation that would
negate 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
(Filipinas Bank v, Tirona-Liwag, 190 SCRA 834,
October 18, 1990).
 This principle or doctrine applies to either
judges or lawyers. Judges had been
dismissed from the service without need of
a formal investigation because based on the
records, the gross misconduct or inefficiency
of the judges clearly appears (Uy v. Mercado,
A.M. No. R-368-MTJ, September 30, 1987).
 The same principle applies to lawyers. Thus,
where on the basis of the lawyer’s comment
or answer to show a cause order of SC, it
appears that the lawyer has so conducted
himself in a manner which exhibits the
blatant disrespect to the court, or his want
of good moral character or his violation of
the lawyer’s oath, the attorney may be
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suspended or disbarred without need of a
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trial-type proceeding. What counts is the
lawyer has been given the opportunity to air
his side (Prudential Bank v. Castro, A.M. No.
2756, June 5, 1986).
Q: What are the kinds of Contempt?
A:
1. Direct Contempt – consists of misbehavior
in the presence of or near a court or judge
as to interrupt or obstruct the proceedings
before the court or the administration of
justice
2. Indirect or Constructive Contempt –
one committed away from the court
involving disobedience of or resistance to a
lawful writ, process, order, judgment or
command of the court, tending to belittle,
degrade, obstruct, interrupt or embarrass
the court
3. Civil Contempt – failure to do something
ordered by the court which is for the benefit
of the party
4. Criminal contempt – consists of any
conduct directed against the authority or
dignity of the court
Q: What acts of a lawyer constitute
contempt?
A:
1. Misbehavior as officer of the court;
2. Disobedience or resistance to court order;
3. Abuse or interference with judicial
proceedings;
4. Obstruction in administration of justice;
5. Misleading courts;
6. Making false allegations, criticism, insults,
veiled threats against the courts;
7. Aiding in unauthorized practice of law
(suspended or disbarred);
8. Unlawful retention of client’s funds; and
9. Advise client to commit contemptuous act.
Modifying circumstance – Extent of
disciplinary action depends on attendance of
mitigating or aggravating circumstance.
Mitigating circumstances
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a. Absence of a prior disciplinary record;
b. Absence of a dishonest or selfish motive; 4. Discipline of Filipino Lawyers
c. Personal or emotional problems; practicing abroad
d. Timely good faith effort to make restitution
or to rectify consequences of misconduct; Note: The rule is that a Philippine lawyer
e. Full and free disclosure to disciplinary board may practice law only in the country. He
or cooperative attitude toward proceedings; may, however, be admitted to the bar in a
f. Inexperience in the practice of law; foreign country, where he practice law in
g. Character or reputation; both countries. If he commits misconduct
h. Physical or mental disability or impairment; outside Philippine jurisdiction, which is also
i. Delay in disciplinary proceedings; ground for disciplinary action under
j. Interim rehabilitation; Philippine law, he may be suspended or
k. Imposition of other penalties or sanctions; disbarred in this country.
l. Remorse; and
m. Remoteness of prior offenses (IBP Guidelines  Whether a Philippine lawyer who is also a
9.32). member of the bar in a foreign country can
be disciplined as lawyer in the Philippines for
Aggravating circumstances misconduct committed in the foreign
country, even if the has not rendered a final
a. prior disciplinary offenses; judgment disciplining even if the foreign
b. dishonest or selfish motive; Country has not rendered a final judgment
c. a pattern of misconduct; disciplining Him as lawyer therein. xxx The
d. multiple offenses; disbarment or suspension of a member of
e. bad faith obstruction of the disciplinary the Philippine Bar by a competent court or
proceeding by intentionally failing to comply other disciplinary agency in foreign
with rules or orders of the disciplinary jurisdiction where he has also been admitted
agency; as an attorney is a ground for his
f. submission of false evidence, false disbarment or suspension if the basis of
statements, or other deceptive practices such action includes any of the acts, The
during the disciplinary process; judgment, resolution or order of the foreign
g. refusal to acknowledge wrongful nature of court or disciplinary agency shall be prima
conduct; facie evidence of the ground for disbarment
h. vulnerability of victim; of suspension (Velez v. de Vera, A.C. No. 6697,
g. substantial experience in the practice of law; July 25, 2006).
and
h. indifference to making restitution (IBP RULES ON REINSTATEMENT
Guidelines 9.22).
C. Readmission to the Bar
Neither Aggravating nor Mitigating
Circumstances Reinstatement – it means the readmission to
membership in the Bar and the restoration to a
a. Forced or compelled restitution; disbarred lawyer the privilege to practice law
b. Agreeing to the client’s demand for certain (Pineda, Legal Ethics Annotated, p. 443).
improper behavior or result;
c. Withdrawal of complaint against the lawyer; The Supreme Court has the exclusive authority
d. Resignation prior to completion of to reinstate a disbarred or indefinitely
disciplinary proceedings; suspended lawyer to the office of attorney-at-
e. Complainant’s recommendation as to law (Agpalo, Legal and Judicial Ethics, 2009 ed, p.
sanction; and 593).
f. Failure of injured client to complain (IBP
Guidelines 9.4). 1. Lawyers who have been suspended
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Guidelines for the lifting an order of suspension
of a lawyer from the practice of law.
(a) After a finding that respondent lawyer must
be suspended from the practice of law, the
Court shall render a decision imposing the
penalty;
(b) Unless the Court explicitly states that the
decision is immediately executory upon
receipt thereof, respondent has 15 days
within which to file a motion for
reconsideration. The denial of said motion
shall render the decision final and
executory;
(c) Upon the expiration of the period of
suspension, respondent shall file a Sworn
Statement with the Court, through the
Office of the Bar Confidant, stating therein
that he or she desisted from the practice of
x`law and he has not appeared in any court
during the period of his or her suspension;
(d) Copies of the Sworn Statement shall be
furnished to the Local Chapter of the IBP
and to the Executive Judge of the courts,
where the respondent has pending cases
handled by him or her, and/or where he or
she has appeared as counsel;
(e) The Sworn Statement shall be considered as
proof of respondent’s compliance with the
order of suspension; and
(f) Any finding or report contrary to the
statements made by the lawyer under oath
shall be a ground for the imposition of a
more severe punishment, or disbarment, as
may be warranted (Ligaya Maniago, v. Atty.
Lourdes I. De Dios, A.C. No. 7472, March 30,
2010).
Q: Does the court have the power to
impose indefinite suspension?
A: It is obvious that if we have authority to
completely exclude a person from the
practice of law, there is no reason why
indefinite suspension, which is lesser in
degree and effect, can be regarded as falling
outside of the compass of that authority. The
merit of this choice is best shown by the fact
that it will then be left to Atty. Almacen to
determine for himself how long or how short
that suspension shall last. For, at any time
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after the suspension becomes effective he
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may prove to this Court that he is once again
fit to resume the practice of law (In re
Almacen, G.R. No. L-27654, February 19, 1970).
2. Lawyers who have been disbarred
A disbarred lawyer may be reinstated upon
determination whether the applicant has
satisfied and convinced the Court by positive
evidence that the effort he has made toward
the rehabilitation of his character has been
successful and, therefore, he is entitled to be
readmitted to a profession which is
intrinsically an office of trust (In re Rusiana,
A.C. No. 270, March 29, 1974).
Positive evidence – refers to proof of
honesty, integrity and good moral character
through written testimonials of credible
institutions and personalities (Funa, Legal and
Judicial Ethics: With Bar Examination Questions,
2009, p. 429).
Criteria for Reinstatement
1. Appreciation of the significance of his
dereliction;
2. Assurance to the court that he now
possesses the requisite probity and integrity
necessary to guarantee his worthiness to be
restored to the practice of law;
3. Time elapsed between disbarment and
application for reinstatement;
4. Good conduct and honorable dealing
subsequent to his disbarment;
5. Active involvement in civic, educational and
religious organizations; and
6. Favorable indorsement of IBP as well as local
government officials and citizens of his
community.
Effects of a lawyer’s readmission
1. Recognition of moral rehabilitation and
mental fitness to practice law;
2. Lawyer shall be subject to the same law,
rules and regulations as those applicable to
any other lawyer;
3. Lawyer must comply with the conditions
imposed on his readmission (Agpalo, Legal and
Judicial Ethics, 2009 ed., p. 596); and
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4. Compliance to the conditions will restore a
lawyer’s good standing as a member of the
Philippine Bar (Petition for Leave to Resume
Practice of Law, Benjamin M. Dacanay, B.M. No.
1678, December 17, 2007).
Effect of Executive Pardon during the
Pendency of a Disbarment Proceeding
 Pardon is absolute or unconditional –
the disbarment case will be dismissed
 Pardon is conditional – disbarment case
will not be dismissed (Pineda, Legal Ethics
Annotated, pp. 446-447)).
3. Lawyers who have been repatriated
General Rule: The practice of all professions in
the Philippines shall be limited to Filipino citizens
pursuant to Section 14, Article 12 of the 1987
Constitution. Hence, the loss of Philippine
citizenship ipso jure terminates the privilege to
practice law in the Philippines.
Exception: Pursuant to the Citizenship
Retention and Re-acquisition Act of 2003 (R.A.
9225), a Filipino lawyer who becomes a citizen of
another country is deemed never to have lost
his Philippine citizenship if he reacquires it in
accordance with R.A. 9225.
Thus, if a Filipino is naturalized as a citizen of
another country and subsequently reacquires his
Philippine citizenship pursuant to R.A. 9225, he
is deemed never to have terminated his
membership in the Philippine Bar (Funa, Legal
and Judicial Ethics: With Bar Examination Questions,
2009, p. 385).
Note: The right of such lawyer to practice law
does not automatically accrue. Pursuant to
abovementioned Act, those intending to practice
their profession in the Philippines shall apply
with the proper authority for a license or permit
to engage in such practice (Sec. 5[4], R.A. 9225).
Petition for Leave to Resume Practice of
Law, (Benjamin M. Dacanay, B.M. No.
1678, December 17, 2007)
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The petitioner must first secure authority from
the Supreme Court upon compliance with the
following conditions:
1. The updating and payment in full of the
annual membership dues in the IBP;
2. Payment of professional tax;
3. Completion of at least 36 credit hours of
MCLE; this is especially significant to refresh
the applicant/ petitioner’s knowledge of
Philippine laws and update hims of legal
developments; and
4. Retaking of the lawyer’s oath which will not
only remind him of his duties and
responsibilities as a lawyer and as an officer
of the court, but also renew his pledge to
maintain allegiance to the Republic of the
Philippines.
D. Mandatory Continuing Legal Education
1. Purpose
Continuing legal education is required of
members of the Integrated Bar of the
Philippines (IBP) to ensure that throughout
their career, they:
1. Keep abreast with law and jurisprudence;
2. Maintain the ethics of the profession; and
3. Enhance the standards of the practice of
law (Sec. 1, Rule 1, Bar Matter No. 850,
Rules on the Mandatory Continuing Legal
Education).
2. Requirements
Members of the IBP not exempt under Rule
7 shall complete every three (3) years at
least thirty-six (36) hours of continuing legal
education activities approved by the MCLE
Committee. Of the 36 hours:
1. At least 6 hours - devoted to legal ethics
2. At least 4 hours - devoted to trali and
pretrial skills
3. At least 5 hours - devoted to alternative
dispute resolution
4. At least 9 hours - devoted to updates on
substantive and procedural laws, and
jurisprudence

5. At least 4 hours - devoted to legal
writing and oral advocacy
6. At least 2 hours - devoted to
international law and international
conventions
7. At least 6 hours - devoted to such
subjects as may be prescribed by the
MCLE Committee (Sec. 2, Rule 2, Rules on
the Mandatory Continuing Legal Education).
Initial compliance period
The initial compliance period shall begin not
later than three (3) months from the adoption of
these Rules. Except for the initial compliance
period for members admitted or readmitted after
the establishment of the program, all
compliance periods shall be for thirty-six (36)
months and shall begin the day after the end of
the previous compliance period.
Compliance Groups
Members of the IBP not exempt from the
MCLE requirement shall be divided into
three (3) compliance groups, namely:
1. Compliance group — Members in the NCR or
Metro Manila
2. Compliance group — Members in Luzon
outside NCR
3. Compliance group — Members in Visayas
and Mindanao
Nevertheless, members may participate in any
legal education activity wherever it may be
available to earn credit unit toward compliance
with the MCLE requirement (Sec. 2, Rule 3, Ibid).
Compliance period of members admitted
or readmitted after establishment of the
program
These members shall be assigned to the
appropriate Compliance Group based on their
Chapter membership on the date of admission
or readmission. The initial compliance period
after admission or readmission shall begin on
the first day of the month of admission or
readmission and shall end on the same day as
that of all other members in the same
Compliance Group.
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(a) 4 months or
COMMISSIONS
less remain of the initial
compliance period after admission or
readmission - NOT REQUIRED to comply
with the program requirement for the initial
compliance.
(b) More than four (4) months remain of the
initial compliance period after admission or
readmission - BE REQUIRED TO COMPLETE
A NUMBER OF HOURS of approved
continuing legal education activities equal to
the number of months remaining in the
compliance period in which the member is
admitted or readmitted (Sec. 3, Rule 3, Rules
on the Mandatory Continuing Legal Education).
3. Compliance
Initial compliance period
The initial compliance period shall begin not
later than three (3) months from the adoption of
these Rules. Except for the initial compliance
period for members admitted or readmitted after
the establishment of the program, all
compliance periods shall be for thirty-six (36)
months and shall begin the day after the end of
the previous compliance period (Sec. 1, Rule 3,
Ibid).
Compliance Groups
Members of the IBP not exempt from the
MCLE requirement shall be divided into
three (3) compliance groups, namely:
1. Compliance group — Members in the NCR or
Metro Manila
2. Compliance group — Members in Luzon
outside NCR
3. Compliance group — Members in Visayas
and Mindanao
Nevertheless, members may participate in any
legal education activity wherever it may be
available to earn credit unit toward compliance
with the MCLE requirement (Sec. 2, Rule 3, Ibid).
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Compliance period of members admitted
or readmitted after establishment of the
program
These members shall be assigned to the
appropriate Compliance Group based on their
Chapter membership on the date of admission
or readmission. The initial compliance period
after admission or readmission shall begin on
the first day of the month of admission or
readmission and shall end on the same day as
that of all other members in the same
Compliance Group.
(a) 4 months or less remain of the initial
compliance period after admission or
readmission - NOT REQUIRED to comply
with the program requirement for the initial
compliance.
(b) More than four (4) months remain of the
initial compliance period after admission or
readmission - BE REQUIRED TO COMPLETE
A NUMBER OF HOURS of approved
continuing legal education activities equal to
the number of months remaining in the
compliance period in which the member is
admitted or readmitted (Sec. 3, Rule 3, Ibid).
4. Exemptions
Parties exempted from complying with the
MCLE
The following members of the Bar are exempt
from the MCLE requirement:
1. The President and the Vice President of the
Philippines, and the Secretaries and
Undersecretaries of Executive Departments;
2. Senators and Members of the House of
Representatives;
3. The Chief Justice and Associate Justices of 1. Failure
the Supreme Court, incumbent and retired
members of the judiciary, incumbent
members of the Judicial and Bar Council and
incumbent court lawyers covered by the
Philippine Judicial Academy program of
continuing judicial education;
4. The Chief State Counsel, Chief State
Prosecutor and Assistant Secretaries of the
Department of Justice;
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5. The Solicitor General and the Assistant
Solicitors General;
6. The Government Corporate Counsel, Deputy
and Assistant Government Corporate
Counsel;
7. The Chairmen and Members of the
Constitutional Commissions;
8. The Ombudsman, the Overall Deputy
Ombudsman, the Deputy Ombudsmen and
the Special Prosecutor of the Office of the
Ombudsman;
9. Heads of government agencies exercising
quasi-judicial functions;
10. Incumbent deans, bar reviewers and
professors of law who have teaching
experience for at least ten (10) years in
accredited law schools;
11. The Chancellor, Vice-Chancellor and
members of the Corps of Professors and
Professorial Lecturers of the Philippine
Judicial Academy; and
12. Governors and Mayors (Sec. 1, Rule 7, Ibid).
Other parties exempted from complying
with the MCLE
The following Members of the Bar are likewise
exempt:
1. Those who are not in law practice, private
or public.
2. Those who have retired from law practice
with the approval of the IBP Board of
Governors (Sec. 2, Rule 7, Ibid).
5. Sanctions
Non-compliance
The following shall constitute non-compliance:
to complete the education
requirement within the compliance period;
2. Failure to provide attestation of compliance
or exemption;
3. Failure to provide satisfactory evidence of
compliance (including evidence of exempt
status) within the prescribed period;
4. Failure to satisfy the education requirement
and furnish evidence of such compliance

within sixty (60) days from receipt of non-
compliance notice;
5. Failure to pay non-compliance fee within the
prescribed period; and
6. Any other act or omission analogous to any
of the foregoing or intended to circumvent
or evade compliance with the MCLE
requirements (Sec. 1, Rule 12, Ibid).
Consequences of non-compliance;
1. Members failing to comply will RECEIVE A
NON-COMPLIANCE NOTICE stating the
specific deficiency and will be given sixty (60)
days from the date of notification to file a
response clarifying the deficiency or
otherwise showing compliance with the
requirements (Sec. 2, Rule 12, Ibid);
2. A member who, for whatever reason, is in
non-compliance at the end of the compliance
period shall PAY A NON-COMPLIANCE FEE
(Sec. 1, Rule 13, Ibid). In addition, membership
shall continue to accrue at the active rate
against a member during the period he/she
is listed as a delinquent member (Sec. 3, Rule
13, Ibid); and
3. A member, who fails to comply with the
requirements after the sixty (60) day period
for compliance has expired, shall be listed as
a DELINQUENT MEMBER of the IBP upon the
recommendation of the MCLE Committee
(Sec. 2, Rule 13, Ibid).
6. BAR MATTER 2012, RULE ON
MANDATORY LEGAL AID SERVICE
1. Bar Matter 2012, Rule on Mandatory
Legal Aid Service
This Rule shall govern the mandatory
requirement for practicing lawyers to render
free legal aid services in all cases (whether,
civil, criminal or administrative) involving
indigent and pauper litigants where the
assistance of a lawyer is needed. It shall
also govern the duty of other members of
the legal profession to support the legal aid
program of the Integrated Bar of the
Philippines (Sec. 3, Bar Matter No. 2012, Rule
on Mandatory Legal Aid Service for Practicing
Lawyers).
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Requirement for rendering free legal
aid services:
COMMISSIONS
Every practicing lawyer is required to render
a minimum of sixty (60) hours of free legal
aid services to indigent litigants in a year.
Said 60 hours shall be spread within a
period of twelve (12) months, with a
minimum of five (5) hours of free legal aid
services each month. However, where it is
necessary for the practicing lawyer to render
legal aid service for more than five (5) hours
in one month, the excess hours may be
credited to the said lawyer for the
succeeding periods (Sec. 5, Ibid).
Credit for Mandatory Continuing Legal
Education (MCLE)
A lawyer who renders mandatory legal aid
service for the required number of hours in
a year for the three year-period covered by
a compliance period under the Rules on
MCLE shall be credited the following:
1. 2 credit units - Legal Ethics;
2. 2 credit units - Trial and Pretrial Skills;
3. 2 credit units - Alternative Dispute
Resolution;
4. 4 credit units - legal Writing and Oral
Advocacy;
5. 4 credit units - Substantive and
Procedural laws and Jurisprudence; and
6. 6 credit units - for such subjects as may
be prescribed by the MCLE Committee
under Section 2(9), Rule 2 of the Rules
on MCLE.
Note: A lawyer who renders mandatory
legal aid service for the required number of
hours in a year for at least two consecutive
years within the three year-period covered
by a compliance period under the Rules on
MCLE shall be credited the following:
1. 1 credit unit - Legal Ethics;
2. 1 credit unit - Trial and Pretrial Skills;
3. 1 credit units - Alternative Dispute
Resolution;
4. 2 credit units - Legal Writing and Oral
Advocacy;
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5. 2 credit units - Substantive and
Procedural laws and Jurisprudence; and
6. 3 credit units - for such subjects as may
be prescribed by the MCLE Committee
under Section 2(9), Rule 2 of the Rules
on MCLE (Sec. 8, Ibid).
Note: B.M. No. 1922, as amended, requires
practicing members of the bar to indicate in
all pleadings filed before the courts or quasi-
judicial bodies, the number and date of issue
of their MCLE Certificate of Compliance or
Certificate of Exemption, as may be
applicable, for the immediately preceding
compliance period. Failure to disclose the
required information would cause the
dismissal of the case and the expunction of
the pleadings from the records.
E. NOTARIAL PRACTICE (A.M. NO. 02-8-
13-SC, AS AMENDED)
Notary Public – is appointed by the court
whose duty is to attest to the genuineness of
any deed or writing in order to render them
available as evidence of facts stated therein and
who is authorized by the statute to administer
various oaths.
Notarized Document – includes one that is
subscribed and sworn under oath or one that
contains a jurat (Testate Estate of the late Alipio
Abada v. Abaja, G.R. No. 147145. January 31, 2005).
Importance of Notarized Documents
Prima facie evidence of the execution
Rule 132 Section 30. Proof of notarial
documents. — Every instrument duly
acknowledged or proved and certified as
provided by law, may be presented in evidence
without further proof, the certificate of
acknowledgment being prima facie evidence
of the execution of the instrument or document
involved.
1. Qualifications of Notarial Public
A notarial commission may be issued by an
Executive Judge to any qualified person who
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submits a petition in accordance with these
Rules.
To be eligible for commissioning as notary
public, the petitioner must:
1. be a citizen of the Philippines;
2. be over twenty-one (21) years of age;
3. 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. 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. not have been convicted in the first instance
of any crime involving moral turpitude (Sec.
1, Rule III, A.M. No. 02-8-13-SC, 2004 Rules on
Notarial Practice).
2. Term of office of a notary public
A person commissioned as notary public may
perform notarial acts 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. 11, Rule III, Ibid).
Stationary office is required
Rule II 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.
3. Powers and limitations of notaries
public
Powers
a) A notary public is empowered to perform
the following notarial acts:
1. Acknowledgments;
2. Oaths and affirmations;
3. Jurats;
4. Signature witnessing;

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 his
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. 1, Rule
IV, Ibid).
Limitations
(a) A notary public shall not perform a notarial
act outside his regular place of work or
business. Provided, that on certain
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exceptional occasions or situations, a
notarial act
COMMISSIONS
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 (Sec.
2[a], Rule IV, Ibid).
(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. 2[b], Rule IV, Ibid).
(c) A person is disqualified from performing a
notarial act, if he:
1. Is a party to the instrument or document
that is to be notarized;
2. 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
3. Is a spouse, common-law partner,
ancestor, descendant, or relative by
affinity or consanguinity of the principal
within the fourth civil degree (Sec. 3, Rule
IV, Ibid).
(d) A person shall refuse to perform any notarial
act even if he tenders the appropriate fee,
if:
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1. The notary knows or has good reason to
believe that the notarial act or
transaction is unlawful or immoral;
2. 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
3. in the notary's judgment, the signatory
is not acting of his or her own free will
(Sec. 4, Rule IV, Ibid).
(e) A notary public shall not:
1. Execute a certificate containing
information known or believed by the
notary to be false.
2. Affix an official signature or seal on a
notarial certificate that is incomplete
(Sec. 5, Rule IV, Ibid).
(f) A notary public shall not notarize:
1. A blank or incomplete instrument or
document; or
2. An instrument or document without
appropriate notarial certification (Sec. 6,
Rule IV, Ibid).
Other limitations
A notary public cannot appear before
himself
Respondent also alleged that in signing for and
in behalf of his client Pagunsan and Bofetiado,
his signature was preceded by the word "By"
which suggests that he did not in any manner
make it appear that those persons signed in his
presence; aside from the fact that his clients
authorized him to sign for and in their behalf,
considering the distance of their place of
residence to that of the respondent and the
reglementary period in filing said pleadings he
had to reckon with.
 “xxx having signed the Verification of the
pleading, he cannot swear that he appeared
before himself as Notary Public” (Villarin v.
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2018
February 9,
2000).
Notarization is NOT a ministerial duty
 Notarization is not an empty, meaningless,
or routinary act. It is impressed with
substantial public interest, and only those
who are qualified or authorized may act as
such. It is not a purposeless ministerial act
of acknowledging documents executed by
parties who are willing to pay fees for
notarization (FO Sappayani v. Atty. Gasmen,
A.C. No. 7073, September 01, 2015).
4. Notarial Register
Form of Notarial Register
 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.
 A notary public shall keep only one active
notarial register at any given time (Sec. 1,
Rule VI, Ibid).
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 page/s 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
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and where directed; and of every other fact
touching the same.
COMMISSIONS
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. 2, Rule VI, Ibid).
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:
1. Principal;
2. Credible witness swearing or affirming to the
identity of a principal; and
3. 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. 3, Rule VI, Ibid).
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;
a. The person's identity is personally
known to the notary public or proven
through competent evidence of identity
as defined in these Rules;
b. The person affixes a signature and
thumb or other mark or other
recognized identifier, in the notarial
register in a separate, dated entry;
c. The person specifies the month, year,
type of instrument or document, and
name of the principal in the notarial act
or acts sought; and
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d. 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. 4, Rule VI, Ibid).
5. Jurisdiction of notary public and place
of notarization
A person commissioned as notary public may
perform notarial acts in any place within the
territorial jurisdiction of the commissioning court
xxx (Sec. 11, Rule III, Ibid).
6. Revocation of commission and
disciplinary sanctions
(a) The Executive Judge shall revoke a notarial
commission for any ground on which an
application for a commission may be denied.
(b) 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;
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;
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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 (Sec. 1, Rule
XI, Ibid).
Resignation as notary public
Rule 10 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.
7. Competent Evidence of Identity
This refers to the identification of an
individual based on:
1. At least one current identification
document issued by an official agency
bearing the photograph and signature of
the individual, such as but not limited
to, passport, driver’s license,
Professional Regulations Commission ID,
National Bureau of Investigation
clearance, police clearance, postal ID,
voter’s ID, Barangay certification,
Government Service and Insurance
System (GSIS) e-card, Social Security
System (SSS) card, Philhealth card,
senior citizen card, Overseas Workers

Welfare Administration (OWWA) ID,
OFW ID, seaman’s book, alien certificate
of registration/immigrant certificate of
registration, government office ID,
certification from the National Council
for the Welfare of Disable Persons
(NCWDP), Department of Social Welfare
and Development (DSWD) certification
(amended Sec. 12[a], Rule of the 2004 on
Notarial Practice, February 19, 2008); or
2. 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.
12, Rule II, Ibid).
3. We must stress yet again that
notarization is not an empty, or
perfunctory, or meaningless act, for it is
invested with substantial public interest.
Courts and other public offices, and the
public at large could rely upon the
recitals of the acknowledgment
executed by the notary public. For this
reason, notaries public must observe
with utmost care the basic requirements
in the performance of their duties.
Otherwise, the confidence of the public
in the integrity of this form of
conveyance would be undermined
(Magaway vs. Avecilla, A.C. No. 7072, July
27, 2016 citing Linco v. Lacebal, A.C. No.
7241, October 17, 2011).
 The function of notary public is, among
others, to guard against any illegal and
immoral arrangements, which function
would be defeated if the notary public
was one of the signatories to the
instrument. For then, he would be
interested in sustaining the validity
thereof as it directly involves himself
and the validity of his own act. It would
place him in an inconsistent position,
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and the very purpose of the
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acknowledgment, which is to minimize
fraud, would be thwarted (Villarin v.
Sabate, A.C. No. 3224, February 9, 2000).
 By respondent’s reckless act of
notarizing the Deed of Absolute Sale
without ascertaining that the vendors’
signatories thereto were the very same
persons who executed it and personally
appeared before him to attest to the
contents and the truth of what were
stated therein, he has undermined the
confidence of the public on notarial
documents and he thereby breached
Canon 1 of the Code Professional
Responsibility, which requires lawyers to
uphold the Constitution, obey the laws
and promote respect for the law and
legal processes, and Rule 1.01 thereof
which proscribes lawyers from engaging
in unlawful, dishonest, immoral or
deceitful conduct (Aquino v. Manese, A.C.
No. 4985, April 3, 2003).
 The records undeniably show the gross
negligence exhibited by the respondent in
discharging his duties as a notary public. He
failed to ascertain the identities of the
affiants before him and failed to comply with
the most basic function that a notary public
must do, i.e. to require the parties’
presentation of their residence certificates or
any other document to prove their identities.
Given the respondent’s admission in his
pleading that the donors were already dead
when he notarized the Deed of Donation,
the Court ruled that the respondent should
be made liable not only as a notary public
but also as a lawyer. He not only violated
the Notarial Law, but also Canon 1 and Rule
1.01 of the Code of Professional
Responsibility (Lustestica v. Atty. Bernabe, A.C.
No. 6258, August 24, 2010).
 A notary public should not notarize a
document unless the person who signs it is
the same person who executed it, personally
appearing before him to attest to the
contents and the truth of what are stated
therein. This is to enable the notary public
to verify the genuineness of the signature of
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the acknowledging partner and to ascertain
that the document is the party’s free act. It
is not a meaningless ministerial act of
acknowledging documents executed by
parties who are willing to pay the fees for
notarization. What is being penalized is the
respondent’s act of notarizing a document
despite the absence of one of the parties. A
notarized document is by law entitled to full
credit upon its own face and it is for this
reason that notaries public must observe the
basic requirements in notarizing documents
(Isenhardt v. Atty. Real, A.C. No. 8254, February
15, 2012).
8. Sanctions
RULE IX
REVOCATION OF COMMISSION AND
DISCIPLINARY SANCTIONS
SECTION 1. Revocation and Administrative
(a) Sanctions. – 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 sanction
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;
(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;
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(7) fails to require the presence of
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 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 to review. Pending the
appeal, an order imposing disciplinary
sanctions shall be immediately executor,
unless otherwise ordered by the
Supreme Court.
(d) The Executive Judge may motu proprio
initate 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).
JUDICIAL ETHICS
It is a branch of moral science which treats of
the right and proper conduct to be observed by
all judges and magistrates in trying and deciding

controversies brought to them for adjudication
which conduct must be demonstrative of
impartiality, independence, and freedom from
improprieties. New Code of Judicial Conduct
for the Philippine Judiciary (Bangalore Draft,
A.M. No. 03-05-01-SC, 2004, See Annex F for the full
text).
The New Code of Judicial Conduct supersedes
the Canons of Judicial Ethics and the Code of
Judicial Conduct to the extent that the
provisions or concepts therein are embodied in
this Code, provided that in case of deficiency or
absence of specific provisions in this Code, the
Canons of Judicial Ethics and the Code of
Judicial Conduct should be applicable in a
suppletory character.
CANON 1: INDEPENDENCE
Canon 1: Judicial independence is a
prerequisite to the rule of law and a
fundamental guarantee of fair trial. A
judge shall therefore, uphold and
exemplify judicial independence in both its
individual and institutional aspects.
Judicial independence refers to the freedom
of courts from extraneous influences or
control.
Independence of a judge is two-pronged:
1. Individual Judicial Independence:
 Focuses on each and particular judge
and seeks to insure his or her ability to
decide cases with autonomy within the
constraints of the law. A judge has this
kind of independence when he can do
his job without having to hear—or at
least to take it seriously if he does hear
—criticisms of his personal morality and
fitness for judicial office (In the Matter of
the allegations contained in the columns of
Mr. Amado P. Macasaet published in Malaya
dated September 18, 19, 20 and 21, 2007,
A.M. No. 07-09-13-SC, August 8, 2008).
2. Institutional Judicial Independence:
 Focuses on the independence of the
judiciary as a branch of government and
protects judges as a class (Ibid).As the
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court, no branch of the government or
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agencies thereof could dictate upon its
performance of its judicial duties
(Pineda, Judicial Ethics, 2009 ed, p. 32).
Q: Are these two aspects alternative?
A: No. A truly independent judiciary is possible
only when both concepts of independence
are preserved - wherein public confidence in
the competence and integrity of the judiciary
is maintained, and the public accepts the
legitimacy of judicial authority (In the matter of
the allegations contained in the Colums of Mr.
Amado P. Macaset Published in Malaya Dated
September 18,19,20 and 21,2007 A.M. No. 07-09-
13-SC, August 8, 2008).
Section 1. Judges shall exercise the
judicial function independently on the
basis of their assessment of the facts and
in accordance with a conscientious
understanding of the law, free of any
extraneous influence, inducement,
pressure, threat or interference, direct or
indirect, from any quarter or for any
reason.
Note: Judges must carry out their judicial
functions on the basis of their own discernment
and judgment without any undue outside
influence (Funa, Legal and Judicial Ethics: With Bar
Examination Questions, 2009, p. 439).
 Judges are required to rule fairly regardless
of public opinion. The pressure of a rally
demanding the issuance of warrant of arrest
against the accused is not a sufficient
excuse for unjustified fixing of bail without
hearing (Libarios v. Dabalos, A.M. No. RTJ-89-
286, July 11, 1991).
Section 2. In performing judicial duties,
judges shall be independent from judicial
colleagues in respect of decisions which
the judge is obliged to make
independently.
While there may be discussions and exchange of
ideas among judges, at the end of such
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discussion, the judge must decide on the basis
of his own, sole, judgment.
 A justice of the Court of Appeals who, in
violation of the internal rules (IRCA),
allowed herself to be rushed into signing a
decision without reading the parties’
memoranda and without the
deliberation among members of the
Division required by the IRCA, showed
“weakness and lack of independence
on her part (Re: Letter of Presiding Justice
Conrado M. Vasquez, Jr., CA-GR SP No. 103692,
A.M. No. 08-8-11-CA, September 9, 2008).
 The discretion of the court to grant bail
must be based on the court’s determination
as to whether or not the evidence of guilt is
strong. The judge’s admission that he
granted bail to an accused upon the
request of a Congressman, despite his
belief that the evidence of guilt against
accused is strong is indeed
reprehensible (Tahil v. Eisma, Adm. Matter
No. 276-MJ, 1975, 64 SCRA 378).
Section 3. Judges shall refrain from
influencing in any manner the outcome of
litigation or dispute pending before
another court or administrative agency.
Any attempt, whether successful or not, to
influence the decision-making process of
another judge, especially one who is of lower
rank and over which he exercises supervisory
authority, is serious misconduct.
 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 an impartiality (Sabitsana Jr. v.
Villamor, A.M. No. 90-474, October 4, 1991).
 In attending, at the request of a party to a
conciliation, the barangay conciliation
proceedings and introducing himself as the
Executive Judge of the Regional Trial Court
in an obvious demonstration of support for
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the said party, the judge lent the prestige of
his office to a party in a case (Marces v.
Arcangel, A.M. No. RTJ-91-712, July 9, 1996).
Q: Are the rules prescribed under Section
2 and 3 absolute?
A: No. If the consultation is purely on academic
or hypothetical basis and the judge does not
surrender his/her independent decision
making, there is no breach of Section 2 and 3
of this Canon.
General Rule: A judge shall not interfere in
the works of judges of co-equal jurisdiction
(PCCP Development Bank v. Vestil, 264 SCRA
467).
Exception: However, a judge may revoke the
orders of another judge in litigation
subsequently assigned to him (Washington
Distillers, Inc. v. Court of Appeals, 260 SCRA 821).
Section 4. Judges shall not allow family,
social or other relationships to influence
judicial conduct or judgment. The prestige
of judicial office shall not be used or lent
to advance the public interests of others,
nor convey or permit others to convey the
impression that they are in a special
position to influence the judge.
Judge’s Family – includes:
1. Judge’s spouse;
2. Son;
3. Daughter;
4. Son-in-law;
5. Daughter-in-law;
6. Any other relative by consanguinity within
the sixth civil degree; or
6. Person who is a companion or employee of
the judge and who lives in the judge’s
household (Definitions, New Code of Judicial
Conduct for Philippine Judiciary Bangalore Draft).
 Constant company with a lawyer tends to
breed intimacy and camaraderie to the point
that favors in the future may be asked from
the judge which he may find hard to resist
(Padilla v. Zantua, 237 SCRA 670, October 24,
1994).

 Where a relative of the judge is one of the
parties to a case, within the sixth degree of
consanguinity or affinity, the disqualification
is mandatory (Hurtado v Judalena, 84 SCRA
41, July 13, 1978).
It is a MANDATORY REQUIREMENT that the
judge should inhibit himself from the case when
a member of his/her family is a party to the
case.
Section 5. Judges shall not only be free
from inappropriate connections with, and
influence by, the executive and legislative
branches of government, but must also
appear to be free therefrom to a
reasonable observer.
Freedom for Institutional Influences -
Judges must be vigilant in guarding their
independence against corroding influences
emanating from the other branches of the
government. They must no succumb to the
undue pressures of high government officials
like cabinet members, senators, congressmen,
governors, mayors and other high profile public
officers. The only pressure they must
respect is pressure or dictate of the law
(Pineda, Judicial Ethics, 2009 ed, p. 52).
 Judicial independence is the reason for
leaving exclusively to the court the authority
to deal with the internal personal issues,
even if the court employees are funded by
the local government (Bagatsing v. Herrera,
G.R. l-34952, July 25, 1975).
 While it is true that Justice Sabio could not
have possibly known prior to his brother's
call that his brother intended to speak to
him about the Meralco-GSIS case, the fact
remains that Justice Sabio continued to
entertain a call from his brother, who also
happens to be an officer of the executive
branch, despite realizing that the
conversation was going to involve a pending
case. Justice Sabio asks the Court if he
should have immediately slammed the
phone on his brother. Certainly, such
boorish behavior is not required. However,
as soon as Justice Sabio realized that his
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brother intended to discuss a case pending
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before him or in his division, Justice Sabio
should have respectfully but firmly ended
the discussion… That Justice Sabio did not
do as his brother asked is of no moment.
Section 5, Canon 1 of the Code of Judicial
Conduct maintains such a high bar of ethical
conduct that actual influence is not a
prerequisite before a violation is deemed
committed. If a magistrate's actions allow
even just the appearance of being
influenced, it is deemed a violation (Re:
Letter of Presiding Justice Conrado M. Vasquez,
Jr. A.M. No. 08-8-11-CA). A local government
unit which provides vehicle for the use of
the judge does not impinge on judicial
independence, in the absence of any
indication of corruption or anomalous
undertakings (Re: Suspension of Clerk of
Court Joboco, A.M. No. 93-10-1296-RTC, August
12, 1998).
Section 6. Judges shall be independent in
relation to society in general and in
relation to the particular parties to a
dispute which he or she has to abdicate.
It is not necessary to the proper performance of
judicial duty that judges should live in
retirement or seclusion, however, he should be
scrupulously careful to avoid such action
as may reasonably tend to awaken the
suspicion that his social or business relations
or friendships constitute an element in
determining his judicial course.
 The act of a judge in meeting with litigants
outside the office premises beyond office
hours violates the standard of judicial
conduct (Tan v. Rosete, A.M. No. MTJ 04-1563,
September 8, 2004).
Section 7. Judges shall encourage and
uphold safeguards for the discharge of
judicial duties in order to maintain and
enhance the institutional and operational
independence of the judiciary.
 The Code of Judicial Conduct mandates
judges to administer justice without
delay and directs every judge to dispose
of the court’s business promptly within
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the period prescribed by the law and
the rules. Failure to comply with the
mandate of the Constitution and Code of
Judicial Conduct constitutes serious
misconduct, which is detrimental to the
honor and integrity of a judicial office (Salud
v. Alumbres, A.M. RTJ-00-1594, June 20, 2003).
Section 8. Judges shall exhibit and
promote high standards of judicial conduct
in order to reinforce public confidence in
the judiciary which is fundamental to the
maintenance of judicial independence.
 Our conception of good judges has been,
and is, of men who have a mastery of
the principles of law, who discharge
their duties in accordance with law,
who are permitted to perform the
duties of the office undeterred by
outside influence, and who are
independent and self-respecting
human units in a judicial system equal
and coordinate to the other two
departments of government (Borromeo v.
Mariano, G.R. No. 16808, Jan. 3, 1921).
 A judge should always be imbued with a
high sense of duty and responsibility in the
discharge of his obligation to promptly and
properly administer justice (Dimatulac v Villon,
297 SCRA 679, October 12, 1998).
 A Judge, especially of the municipal court is
the visible representation of law and
justice. From him, the people draw their
will and awareness to obey the law; in him,
they see the intermediary of justice between
two conflicting interests. For him to return
that regard, he must be first to abide by the
law, weave the example for others to follow,
and studiously avoid even the slightest
infraction of the law (De la Paz v. Inutan, A.M.
No. 201-MJ, [June 30, 1975], 159-A PHIL 793-
802).
Note: Sections 7 and 8 of Canon 1 are intended
to serve as catch-all provisions for all other acts
that would guarantee the independence of the
judiciary, but which may not have been covered
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in the specific instances mentioned in the earlier
provisions.
CANON 2: INTEGRITY
Integrity is essential not only to the
proper discharge of the judicial office but
also to the personal demeanor of judges.
Integrity is a steadfast adherence to the strict
moral or ethical code. It is moral uprightness. It
is honesty and honorableness put into one,
(Pineda, Judicial Ethics, 2009 ed, p. 63
Canon 2 of the Code of Judicial Conduct enjoins
judges to avoid not just impropriety in their
conduct but even the mere appearance of
impropriety.
 This is true not only in the performance of
their judicial duties but in all their activities,
including their private life. They must
conduct themselves in such a manner that
they give no ground for reproach (San Juan
vs. Bagalacsa, A.M. No. RTJ-97-1395 December
22, 1997).
Section 1. Judges shall ensure that not
only is their conduct above reproach, but
that it is perceived to be so in the view of
a reasonable observer.
 When the judge himself becomes the
transgressor of any law which he is sworn to
apply, he places his office in disrepute,
encourages disrespect for the law and
impairs public confidence in the integrity
and impartiality of the judiciary itself. It is
therefore paramount that a judge's
personal behavior both in the
performance of his duties and his daily
life, be free from any appearance of
impropriety as to be beyond reproach
(Gacad v. Clapis, Jr., A.M. No. RTJ-10-2257, [July
17, 2012], 691 PHIL 126-142).
 In the judiciary, moral integrity is more
than a cardinal virtue, it is a necessity
(Pascual v. Bonifacio, A.M. No. RTJ-01-1625,
March 10, 2003).
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 With regard to professional integrity, not only merely be done but must also be
judges have been penalized for: seen and done.
COMMISSIONS

1. Demanding and/or accepting  Judges must not only render just, correct
bribes (Mamba vs. Garcia, A.M. No. MTJ- and impartial decision, but must do so in
96-10, June 25, 2001); a manner free of any suspicion as to
2. Fraternizing with litigants and/or their fairness, impartiality and
lawyers (Dela Cruz vs. Bersamin, A.M. No. integrity (Rallos vs. Gako, 328 SCRA 324,
RTJ-00-567, July 25, 2000, 130 SCRA 353); March 17, 2000).
3. Altering orders (Rallos vs. Gako, A.M.  The Court cannot emphasize enough the
No. RTJ-98-1484, March 18, 2000, 328 SCRA pivotal role lower court judges play in the
324); promotion of the people's faith in the
4. Delay in rendering decisions judiciary. Unlike the appellate court justices,
(Fernandez vs. Hamoy, A.M. No. RTJ-04- they are the so-called "front-liners"
1821, August 12, 2004, 436 SCRA 186); who give human face to the judicial
5. Sexual harassment of employee branch at the "grassroots" level in their
(Dawa vs. De Asa, A.M. No. MTJ-98-1144,
interaction with litigants and those who do
July 22, 1998, 292 SCRA 703);
business with the courts (Chan v. Majaducon,
6. Ignorance of the law (Macalintal v.
A.M. No. RTJ-02-1697, [October 15, 2003], 459
Teh, A.M. No. RTJ-93- 1375, October 16,
PHIL 754-766).
1997);
7. Using intemperate language (Romero
 The judge must not only appear to be a
v. Valle, 147 SCRA 197, January 9, 1987);
8. Not wearing the judicial robe in the “good judge” but also appear as a
“good person” (Address delivered by Chief
performance of judicial functions. (Chan
Justice Andres R Narvasa at the Judicial Career
v. Majaducan, A.M. No. RTJ-02-1697,
Development Program for Judges, November 25-
October 15, 2003);
29, 1991).
9. Incompetence;
10. Conducting hearings in the  Public confidence in the judiciary can only
residence; and be achieved when the court personnel
11. Punching a fellow judge in the face conduct themselves in a dignified manner
after a disagreement. befitting the public office they are holding.
Judges should avoid conduct or any
With respect to personal integrity, demeanor that may tarnish or diminish
judges have been penalized for: the authority of the Supreme Court
(Tormis v. Paredes, A.M. RTJ-13-2355, February
a. Transgressions in their private lives 4, 2015).
such as keeping and/or flaunting a
mistress (In Re Judge Marcos, A.M. No.  A judge must be like Caesar’s wife. -
97-253-RTC, July 6, 2001, 380 SCRA Because appearance is as important as
539); reality in the performance of judicial
b. Inebriated behavior (Lachica vs. functions, like Caesar’s wife, a judge
Flordeliza, A.M. No. MTJ-9-921, March 4, must not only be pure but beyond
1996, 254 SCRA 278);
suspicion, (Palang vs. Zosa, 58 SCRA 776).
c. Frequenting casinos and cock (City of
Tagbilaran vs. Hontanosas, A.M. No. Section 3. Judges should take or initiate
MTJ- 98-1169, November 29, 2002); and
appropriate disciplinary measures against
d. Having sexual intercourse with a
lawyers or court personnel for
minor.
unprofessional conduct of which the judge
may have become aware.
Section 2. The behavior and conduct of
judges must reaffirm the people's faith in
The Supreme Court explained: “Oftentimes…
the integrity of the judiciary. Justice must
leniency provides the court employees the
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opportunity to commit minor transgressions of
the laws and slight breaches of official duty
ultimately leading to vicious delinquencies. The
respondent judge should constantly keep
a watchful eye on the conduct of his
employees.
A judge has the prerogative to discipline his staff
for negligence and/or mistake. However, a
judge should not make it a habit of showing fits
of temper and resorting to verbal abuse against
erring employees. Thus, he should be mindful of
the need to maintain professional and
harmonious relations with his personnel with a
view to the speedy and efficient administration
of justice (Re: Suspension of Clerk of Court Jocobo,
Ibid.)
 Their official duties stir ripples of public
suspicion and public distrust of the judicial
administrators. The slightest breach of duty
by and the slightest irregularity in the
conduct of court officers and employees
detract from the dignity of the courts and
erode the faith of the people in the judiciary
(Buenaventura vs. Benedicto, A.C. No. 137-5,
March 27, 1971).
CANON 3: IMPARTIALITY
Impartiality is essential to the proper
discharge of the judicial office. It applies
not only to the decision itself but also to
the process by which the decision is made.
Impartiality is a state of mind of the judge
where there is no consciousness or sense of
favor for, bias or prejudice against any party in
a case (Pineda, Judicial Ethics, 2009 ed, p. 81).
What are the two concepts of
Impartiality?
a. Impartiality with respect to the decision
itself; and
b. Impartiality with regards to the process in
arriving at a decision.
 Allegations of partiality or bias must
have a factual basis. Bare allegations
or suspicions of partiality will not be
sufficient to cause the disqualification of
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the judge (Dimo Realty and Development v.
Dimaculangan, G.R. No. 130991, March 11,
2004).
Well-known is the judicial norm that
”judges should not only be impartial but
should also appear impartial”. Jurisprudence
repeatedly teaches that litigants are entitled
to nothing less than the cold neutrality of
an impartial judge. The other elements of due
process, like notice and hearing, would become
meaningless if the ultimate decision is rendered
by a partial or biased judge.
 Judges must not only render just,
correct and impartial decisions, but
must do so in a manner free of any
suspicion as to their fairness,
impartiality and integrity, (Rallos, et al.,
v. Judge Irineo Lee, Gako, Jr., A.M. No. RTJ-98-
1484, March 18, 2000).
Section 1. Judges shall perform their
judicial duties without favor, bias, or
prejudice.
Justice is rendered exclusively on the basis of
the law, the relevant facts, and the
jurisprudence. All other human factors such as
emotions, relationships, pre-conceptions are to
be excluded totally from the judge’s
consideration.
To sustain a claim of bias or prejudice, the
resulting opinion must be based upon an
extrajudicial source – that is, some influence
other than the facts and law presented in
the courtroom. In the United States, this is
known as the Extrajudicial Source Rule.
 As long as decisions made and opinions
formed in the course of judicial
proceedings are based on the evidence
presented, the conduct observed by the
magistrate, and the application of the law,
such opinions – even if the later found to be
erroneous –will not sustain a claim of
personal bias or prejudice on the part of the
judge (Gochan v. Gochan, G.R. No. 1433089,
February 27, 2003).

 Bias and prejudice cannot be
presumed, in light especially of a
judge’s sacred obligation under his oath of o
ffice to administer justice without respect to
the person, and to give equal right to the
poor and rich. There should be clear and
convincing evidence to prove the
charge; mere suspicion of partiality is
not enough. In this case, aside from being
speculative and judicial in character, the
circumstances cited by the complainant
were grounded on mere opinion and
surmises. The complainant also failed to
adduce proof indicating the judge’s
predisposition to decide the case in favor of
one party (Antonio M. Lorenzana v. Judge Ma.
Cecilia I. Austria, RTC, Br. 2, Batangas City , A.M.
No. RTJ-09-2200, April 2, 2014).
 A judge’s conduct must be clearly
indicative of arbitrariness and
prejudice before it can be stigmatized as
biased and partial (Cruz v. Iturralde, A.M. No.
RTJ-03-1775, April 30, 2003).
Certiorari as a remedy
 Since petitioner failed to show any strong
ground of bias and partiality on the part of
Judge Reyes, there can be no
irregularity or grave abuse of
discretion amounting to lack or excess
of jurisdiction to speak of that would
merit the filing of a certiorari case.
(WILLIE ONG, doing business under the name
and style EXCEL Fitness Center vs LUCIA N.
BASCO G.R. No. 167899 August 6, 2008).
Section 2. Judges shall ensure that his or
her conduct, both in and out of court,
maintains and enhances the confidence of
the public, the legal profession and
litigants in the impartiality of the Judge
and of the Judiciary.
 The intendment of the above provision of
the Rules of Court is not difficult to find. Its
rationale is predicated in the long standing
precept that no judge should handle a
case in which he might be perceived,
rightly or wrongly, to be susceptible to
bias and impartiality. His judgment must
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not be tainted by even the slightest
suspicion
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of improbity or preconceived
interest (Urbanes, Jr. v. Court of Appeals, G.R.
No. 112884 (Resolution), [August 30, 1994]).
 Judges, indeed, should be extra prudent in
associating with litigants and counsel
appearing before them so as to avoid even a
mere perception of possible bias or
partiality. It is not expected, of course, that
judges should live in retirement or seclusion
from any social intercourse. Indeed, it may
be desirable, for instance, that they
continue, time and work commitments
permitting, to relate to members of the bar
in worthwhile endeavors and in such fields
of interest, in general, as are in keeping
with the noble aims and objectives of the
legal profession. In pending or prospective
litigations before them, however, judges
should be scrupulously careful to avoid
anything that may tend to awaken the
suspicion that their personal, social or
sundry relations could influence their
objectivity, for not only must judges
possess proficiency in law but that also they
must act and behave in such manner that
would assure, with great comfort, litigants
and their counsel of the judges'
competence, integrity and independence (In
re Ong, A.M. No. SB-14-21-J, [September 23,
2014]).
Section 3, Judges shall, so far as is
reasonable, so conduct themselves as to
minimize the occasions on which it will be
necessary for them to be disqualified from
hearing or deciding cases.
 The rule of disqualification of judges must
yield to demands of necessity. Simply
stated, the Rule of Necessity means
that a judge is not disqualified to sit in
a case if there is no other judge
available to hear and decide the case.
When all judges would be disqualified,
disqualification will not be permitted to
destroy the only tribunal with power in the
premises. The doctrine operates on the
principle that a basic judge is better than no
judge at all. Under such circumstances, it is
the duty of the disqualified judge to hear
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and decide the controversy, however
disagreeable it may be (Parayno vs. Meneses,
G.R. No. 112684, April 26, 1994).
Guidepost for voluntary inhibition of
judges
 A judge may not be legally prohibited from
sitting in litigation. But when suggestion
is made of record that he might be
induced to act in favor of one party
with bias or prejudice against a litigant
arising out of circumstance reasonably
capable of inciting such a state of
mind, he shall conduct a careful self-
examination. He should exercise his
discretion in a way that the people’s faith in
the courts of justice is not impaired (Pimentel
v Salonga G.R. No. 27934, September 18, 1967).
Section 4. Judges shall not knowingly,
while a proceeding is before, or could
come before them, make any comment
that might reasonably be expected to
affect the outcome of such proceeding or
impair the manifest fairness of the
process. Nor shall judges make any
comment in public or otherwise that might
affect the fair trial of any person or issue.
This section warns judges against making any
comment that might reasonably be expected to
affect the outcome of the proceedings before
them or “impair the manifest fairness of the
process.” Judges should avoid side remarks,
hasty conclusions, loose statements, or
gratuitous utterances that suggest they
are pre-judging a case.
 A judge has the duty to refrain from undue
comments on a case. Irresponsible
speech or improper conduct of a judge
erodes public confidence in the
judiciary (Cacatian v Liwanag, A.M. No. MTJ-
02-1418, December 10, 2003).
 A judge’s language, both written and
spoken, must be guarded and
measured, lest the best of intentions be
misconstrued (Fecundo v. Berjamen, G.R.
88105, December 18, 1989).
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Q: Are judges absolutely prohibited from
making comments?
A: No. Not all comments are impermissible.
Judges may express their open-mindedness
regarding a pending issue in cases where the
judges’ comments do not necessarily favor one
side over the other.
 The Supreme Court has held that judges
and justices are not disqualified from
participating in a case simply because they
have written legal articles on the law
involved in the case (Chavez vs. Public Estates
Authority, G.R. 133250, May 6, 2003).
Section 5. Judges shall disqualify
themselves from participating in any
proceedings in which they are unable to
decide the matter impartially or in which it
may appear to a reasonable observer that
they are unable to decide the matter
impartially. Such proceedings include, but
are not limited to, instances where:
a. The judge has actual bias or prejudice
concerning a party or personal knowledge of
disputed evidentiary facts concerning the
proceedings;
b. The judge previously served as a lawyer or
was a material witness in the matter in
controversy;
c. The judge, or a member of his or her family,
has an economic interest in the outcome of
the matter in controversy;
d. 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;
e. The judge's ruling in a lower court is the
subject of review;
f. The judge is related by consanguinity or
affinity to a party litigant within the 6th civil
degree or to counsel within the 4th civil
degree; or
g. The judge knows that his or her spouse or
child has a financial interest, as heir,

legatee, creditor, fiduciary, or otherwise, in
the subject matter in controversy or in a
party to the proceeding, or any other
interest that could be substantially affected
by the outcome of the proceedings.
Notes:
1. Bias and prejudice are not presumed- The
party who claims their presence must prove
them with substantial evidence;
2. Bias and prejudice must stem from
extrajudicial source and not from the
assailed order or decision itself, (Pineda,
Judicial Ethics, 2009 ed, p. 109);
3. In a case where the judge was a former
counsel of one of the parties, he was
ordered to inhibit himself, (Javier v. Comelec,
144 SCRA 194);
4. A judge should disqualify himself when a
former associate served as counsel in
the case during their association;
5. Where testimony is not material, a
judge is not disqualified, (Maliwat vs Court
of Appeals, 256 SCRA 718);
6. A judge’s decision to refuse to act on
account of some disqualification is not
conclusive, and his competency may be
determined on an application for mandamus
to compel him to act, (Masadao v. Elizaga,
155, SCRA, 74).
Time when petition for disqualification
should be filed:
 A petition to disqualify a judge must be filed
before rendition of judgment by the
judge, (Government v. Heirs of Abella, 49 Phil.
374).
Ultimate test if judge denies petition for
disqualification; Remedy of the
prejudiced party:
 The ultimate test is whether or not the
complainant was deprived a fair and
impartial trial, (Association de Agricultores
de Talisay-Silay v. Talisay-Silay Miling Co., Inc.,
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88 SCRA 294). The remedy of the prejudiced
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party is to seek a new trial, (Pimentel v.
Salonga, 21 SCRA 160).
Q: Should a judge inhibit because of close
personal friendships with one of the
parties?
A: No. Close personal friendship is not a ground
for inhibition. As long as that friendly
relations with a party-litigant does not
influence his official conduct as a judge in
the cases where his close friend was a party
(Macariola v Asuncion, 199 Phil 295, May 31,
1982).
 There must be convincing proof that
respondent judge gave undue
privileges in his court to his close
friend, or that his close friend benefited
from his personal relations with the
respondent judge, or that respondent judge
used his influence, if any, to favor his close
friend (Santos v Judge Lacurom, A.M. No. RTJ-
04-1823, August 28, 2006).
 A judge cannot sit in any case in which he
was a counsel without the written
consent of all the parties in interest,
signed by them and entered upon the
record. (Lorenzo vs. Marquez, A.M. No. MTJ-
87-123 June 27, 1988).
The Rules contemplate two kinds of
inhibition: compulsory and voluntary.
Under the first paragraph of the cited Rule
which embodies compulsory inhibition, it
is conclusively presumed that judges cannot
actively and impartially sit in the instances
mentioned.
The second paragraph, which states voluntary
inhibition, leaves to the sound discretion of the
judges concerned whether to sit in a case for
other just and valid reasons, with only their
conscience as guide (BGen. (Ret.) Jose S. Ramiscal,
Jr., vs. Hon. Jose R. Hernandez, as Justice of the
Sandiganbayan; 4th Division, Sandiganbayan and The
People of the Philippines, G.R. Nos. 173057-74
September 20, 2010).
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Grounds for Disqualification and Inhibition
of Judges under the Rules of Court:
I. Mandatory or Compulsory
Disqualification (Rule 137, ROC):
i. When he or his wife or his child is
pecuniarily interested as heir,
legatee, creditor, or otherwise;
ii. When he is related to either party
within the 6th degree of
consanguinity or affinity or to
counsel within the 4th degree;
iii. When he has presided in an inferior
court where his ruling or decision is
subject to review.
(Note: If a judge is compulsory
disqualified, he has no choice but to
withdraw from the case, unless all
the parties consent thereto in
writing and entered into records. The
judge’s continued hearing of the case
does not, however, divest the court of
jurisdiction. Also, a judge who continues
to hear a case in which he is disqualified
may be held administratively liable.)
II. Voluntary Inhibition
i. A judge may, in the exercise of his sound
discretion, disqualify himself for just and
valid reasons other than those mentioned
in Rule 137, ROC.
Instances which are not grounds for the
disqualification of a judge
1. Mere filing of administrative case
against a judge by one of the parties before
him is not a ground for disqualifying him
from hearing a case (Mantaring v. Roman, Jr.,
254 SCRA 158).
2. Membership in a college fraternity or
in an alumni association or civic group
like Rotary is not a ground for inhibition,
(Bellosilo v. Saludo, A.M. No. 3297).
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3. Being neighbors is not also a ground to
disqualification (Chua v. Chiongson, 253 SCRA
371).
Rationale behind the Rule on
Disqualification
 The underlying principle of the rule on
disqualification of judges should preside in a
case in which he is not wholly free,
disinterested, impartial and independent.
Next in importance to the duty of rendering a
righteous judgment is that of doing it in such
a manner as will beget no suspicion of the
fairness and integrity of the judge, and in
general, litigants are entitled to have a
hearing and determination by an
impartial tribunal, free from bias,
prejudice and interest (Urbanes v. Court of
Appeals, 230 SCRA 219).
Section 6: A judge disqualified as stated
above may, instead of withdrawing from
the proceeding, disclose on the records
the basis of disqualification. If based on
such disclosure, the parties and lawyers
independently of a judge's participation,
all agree in writing that the reason for the
inhibition is immaterial or unsubstantial;
the judge may then participate in the
proceeding. The agreement, signed by all
parties and lawyers, shall be incorporated
in the record of the proceedings.
This is called as Remittal of Disqualification.
Requirements to continue hearing the
case despite existence of reasons for
disqualification:
1. Bona fide disclosure to the parties-in-
litigation;
2. Express acceptance by all the parties of the
cited reason as not material or substantial;
3. Agreement is in writing, signed by the
parties and counsels; and
4. Agreement incorporated in the records of
the proceedings.
Note: Absent any of these, the judge may
not continue to hear the case
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To effectively remit disqualification, a according to law and evidence without fear or
judge must disclose on the record the favor.
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basis of the disqualification and ask the
parties and lawyers to consider out of the  Inhibition is not allowed at every
presence of the judge, whether to waive the instance that a schoolmate or
disqualification. As long as the disqualification is classmate appears before the judge as
not based upon personal bias or prejudice, the counsel for one of the parties. In one
parties and lawyers may all agree that the judge case, the Court ruled that the
should not be disqualified. If all parties and the organizational affiliation per se is not a
judge agree that the judge should participate, ground for inhibition (Kilosbayan
the judge may participate, and must incorporate Foundation, et al v. Leoncio M. Janolo, Jr., et al,
the agreement into the record of the G.R. No. 180543, August 18, 2010).
proceeding.
 The filing of an administrative case against a
judge does not disqualify him from hearing
Requisites for a valid waiver of grounds
a case. The court has to be shown other
for inhibition:
than the filing of administrative
complaint, act or conduct of judge
1. The judge must be transparent and
indicative of arbitrariness or prejudice
forthright with the grounds for inhibition
before the latter being branded as the
2. The waiver should be made by the
stigma of being biased or partial
parties and their counsels
(Lorenzo v. Marquez A.M. No. MTJ-87-123. June
3. The waiver must be in writing 27, 1988).

This section would be applicable only in the Disqualification distinguished from

event that the ground or grounds for inhibition Inhibition
is immaterial or unsubstantial.
Disqualification Inhibition
Subjective test on the voluntary inhibition As to the The Rules The Rules does
of the Judge grounds: enumerate the not expressly
specific and enumerate the
The issue of voluntary inhibition is exclusive grounds specific
primarily a matter of conscience and under which any grounds for
sound discretion on the part of the judge. judge or judicial inhibition but
officer is merely gives a
disqualified from broad basis
The discretion given to trial judges is an
acting as such. thereof, i.e.
acknowledgment that they are in a better good sound or
position to determine the issue of ethical grounds
inhibition, as they are the ones who As to Rules give the Rules leave the
directly deal with the parties’ litigants in application judicial officer NO matter of
their courtrooms. of judicial DISCRETION to inhibition to
discretion: try or sit in a case. the SOUND
The rule does not give the judge unfettered DISCRETION of
decision to decide whether he should desist the judge.
from hearing a case. The inhibition must be
for just and valid causes. Effect of inhibition

The mere imputation of bias and
prejudgment will not suffice in the
absence of clear and convincing evidence
to overcome the presumption that the judge will
undertake his noble role to dispense justice
 After the judge had inhibited himself from a
case, he loses jurisdiction over said
case, (Alcantara v. Tamin, AM. RTJ-95-1305,
April 21, 1995). Needless to stress, this
principle applies to disqualification.

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CANON 4: PROPRIETY
Propriety and the appearance of propriety
are essential to the performance of all the
activities of a judge.
1. Propriety- This is conformity to prevailing
customs and usages. In brief, it is
appropriateness (id.). It is required in all the
activities of a judge. The propriety must be
open and manifest to a reasonable observer,
(Pineda, Judicial Ethics, 2009 ed, p. 139)
 The Code of Judicial Ethics mandates that
the conduct of a judge must be free of
a whiff of impropriety not only with
respect to his performance of his
judicial duties, but also 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. As we have very recently
explained, a judge’s official life cannot simply
be detached or separated from his personal
existence (Castillo vs Calanog, Jr., A.M. RTJ-90-
447, July 12, 1991).
 A member of the bench “is the visible
representation of the law”. Thus, the law
frowns upon even any manifestation of
impropriety in a magistrate’s activities ,
(Atty. Pablo B. Magno v. Judge Jorge Emmanuel
M. Lorredo, A.M. MTJ-17-1905, August 30, 2017).
Section 1. Judges shall avoid impropriety
and the appearance of impropriety in all of
their activities.
A judge occupies a position in government,
which gives a tangible resemblance to an
important intangible concept, viz.: justice in
society. Thus, appearance of the judge is
not just a shallow concept but an
embodiment of society's aspiration for
justice itself.
 For serious misconduct to exist, the judicial
act complained of should be corrupt or
inspired by an intention to violate the
law or a persistent disregard of well-
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known legal rules (Francisco v. Cosico, A.M.
No. CA-04-37, March 16, 2004).
Illustrations of violation of this section:
a. Including self-laudatory details in his
professional calling card (OCA v. Floro, A.M.
No. RTJ-99-1460, March 31, 2006);
b. Announcing, through his branch Clerk of
Court, his qualifications in open court before
the start of the proceedings (OCA v. Floro,
Ibid.);
c. The judge and his family were found to
be using his chambers as their
residence, with the provincial government
paying for the electric bills (Presado v. Genova,
A.M. No. RTJ-91-657, June 21, 1993);
d. Poking a gun at a person with whom he
had a traffic altercation (Alday v. Cruz, A.M.
No. RTJ-00-1530, March 14, 2001);
e. A judge wielded a high-powered firearm
in public and besieged the house of a
perceived defamer of character and honor in
warlike fashion and berated the object with
his ire,, with his firearm aimed at the victim
(Saburnido v. Madrono, A.C. No. 4497, September
26, 2001);
f. The respondent’s judge’s acts of meeting
with litigants outside the office
premises beyond office hours and
sending a member of his staff to talk with
complainant constitute gross misconduct,
(Tan v. Rosete, A.M. MTJ-04-1563, September 8,
2004);
g. Respondent judge’s use of the court
heading outside of judicial business
(Ladignon v. Judge Garong, A.M. No. MTJ-08-
1712 [2008]); and
h. A judge who made insulting statements to a
lawyer who tends to question the latter’s
capability stemming from the fact that
he did not graduate from the University
of the Philippines (Mane v. Judge Belen, AM.
RTJ-08-2119, June 30, 2008).
Section 2. As a subject of constant public
scrutiny, judges must accept personal
restrictions that might be viewed as
burdensome by the ordinary citizen and
should do so freely and willingly. In
particular, judges shall conduct

themselves in a way that is consistent
with the dignity of the judicial office.
Dignified conduct is best described as conduct
befitting men and women possessed of
temperance and respect for the law and for
others.
 Upon taking his oath of office as a judge,
the judge, who was formerly an ordinary
lawyer, surrenders his former lifestyle to the
guarded lifestyle of a judge. He steps onto
a stage always subject to public
scrutiny (Vedana v. Valencia, 295 SCRA 1).
 The New Code of Conduct for the Philippine
Judiciary provides that as a subject of
constant public scrutiny, judges must
accept personal restrictions that might
be viewed as burdensome by the
ordinary citizen. In particular, judges
must conduct themselves in a way that is
consistent with the dignity of the judicial
office. Occupying as he does an exalted
position in the administration of justice, a
judge must pay a high price for the
honor bestowed upon him (Campos, et al.
v. Judge Campos, A.M. No. MTJ-10-1761,
February 8, 2012).
 Joining Friendster per se does not violate
the New Code of Judicial Conduct. However,
Judge Austria disregarded the propriety and
appearance of propriety required of her
when she posted Friendster photos of
herself wearing an “off-shouldered”
suggestive dress and made this
available for public viewing (Antonio M.
Lorenzana v. Judge Ma. Cecilia I. Austria, RTC,
Br. 2, Batangas City, A.M. No. RTJ-09-2200, April
2, 2014).
Section 3. Judges shall, in their personal
relations with individual members of the
legal profession who practice regularly in
their court, avoid situations which might
reasonably give rise to the suspicion or
appearance of favoritism or partiality.
Essential to the avoidance of impropriety and its
appearance is the maintenance of cold neutrality
and impartiality. This section requires judges to
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scrupulously guard against any act that may be
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construed as an expression of bias in favor of a
litigant. While cordial relations should be
maintained at a respectable level, excessive
camaraderie can be misinterpreted as a ground
to unduly influence the judge. Conversely,
excessive closeness can be exploited to portray
a baseless image of influence over the judge.
 A judge is commanded at all times to be
mindful of the high calling of a dispassionate
and impartial arbiter expected at all times to
be a “cerebral man who deliberately holds in
check the tug and pull of purely personal
preferences which he shares with his fellow
mortals” (Office of the Court Administrator vs.
Paderanga, A.M. No. RTJ-01-1660, August 25,
2005).
 To best illustrate this section, a judge who
engages in a drinking spree with a
lawyer who has pending cases before
him may be considered as have an
excessively close relationship with a
lawyer (Omana v. Yulde, A.M. No. MTJ-01-
1345, August 26, 2002).
Section 4. Judges shall not participate in
the determination of a case in which any
member of their family represents a litigant
or is associated in any manner with the
case.
The rule on compulsory disqualification of a judge
to hear a case where the respondent 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 purpose is to preserve the people’s
faith and confidence in the courts of justice
(Funa, Legal and Judicial Ethics: With Bar Examination
Questions, 2009, p. 465).
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 Even when judges do not intend to use their
position to influence the outcome of cases
involving family members, it cannot be
denied that a judge’s mere presence in
the courtroom (Vidal vs. Dojillo, A.M. No.
MTJ-05-1591, July 14, 2005) or even writing
letters to an administrative body
conducting an investigation pursuant
to the exercise of quasi-judicial
functions (Perez vs. Costales, A.M. No. RTJ-
04-1876, February 23, 2005) tend to give
rise to the suspicion that influence is
being used.
When a member of the judge’s family
represents a litigant, he must disqualify
himself. - A member of the judge’s family
includes:
1. Spouse;
2. Children;
3. Children-in-law;
4. Any relative within the sixth (6th) civil
degree, whether by consanguinity or
by affinity; and
5. A companion or employee of the judge
who lives in his household.
Relatives deemed covered-
1. An adopted child is deemed included in the
list because he/she is considered legitimate
child of the adopting parent/s;
2. Recognized illegitimate children of the
judge, if there are any;
3. First and second cousins by blood, and first
and second cousins-in-law;
4. Uncles, aunts, nephews and nieces;
grandnephews and grandnieces. The in-law
counterparts are included.
If anyone of the above relatives of the judge,
whether by blood or by marriage, will represent
a litigant in a case pending before him, the
judge must consider self-disqualification that the
confidence of the people may not erode, (Pineda,
Judicial Ethics, 2009 ed, pages 156-157).
Note:
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 If the representative is a lawyer who
appears as counsel, Section 5(F) will
apply. The restriction is shortened to
the fourth (4th) civil degree. The same
proximity of degree shall apply to the in
laws.
However, if the relative representing the
litigant is not a counsel but one holding
a position like that of a mere attorney-
in-fact, trustee or guardian, the limit is
extended up to sixth (6th) degree
whether by blood or by marriage.
Even if the relative is not a representative of
a litigant, the judge must still disqualify
himself if a relative is associated in any
manner with the case (Pineda, Judicial Ethics,
2009 ed., p. 157).
Clearly, respondent judge's participation in the
preliminary investigation, involving his nephew is
a violation of the aforequoted rules laid down to
guide members of the judiciary (Mayor Salvador
M. Perez, vs. Judge Hilarion A. Suller, A.M. No. MTJ-
94-936 November 6, 1995).
Section 5. Judges shall not allow the use
of their residence by a member of the
legal profession to receive clients of the
latter or of other members of the legal
profession.
Judges must keep their distance from lawyers
and avoid involvement with their respective
practice of law even if such lawyers have no
pending cases before them. Judges and
lawyers must maintain a discreet
relationship. As such, vulgar display of
friendship must be avoided (Ibid, p. 466).
 To illustrate violation of this section, a
judge invites a litigant to his house in
order to demand from him a certain
amount (J. King & Sons, Inc. v. Judge
Hontanosas, A.M. No. RTJ-03-1802, September
21, 2004).
Section 6. Judges, like any other citizen,
are entitled to freedom of expression,
belief, association and assembly, but in

exercising such rights, they shall always
conduct themselves in such a manner as
to preserve the dignity of the judicial
office and the impartiality and
independence of the judiciary.
Allowed: A judge is entitled to entertain
personal views on political questions.
Prohibited: But to avoid suspicion of political
partisanship:
 A judge shall not make political speeches,
 A judge shall not contribute to party funds
 A judge shall not publicly endorse
candidates for political office or participate
in other partisan political activities (Rule
5.10, Canon 5, of the Code of Judicial Conduct).
While judges continue to enjoy their
constitutional rights as citizens, their exercise of
such rights must be mindful of their equally
important constitutional duty to uphold judicial
independence. In the event that such
constitutional rights and constitutional duty
clash, the judge must be mindful of the judicial
office which he holds and his sworn duty to
uphold judicial independence (Funa, Legal and
Judicial Ethics: With Bar Examination Questions,
2009, p. 466).
While judges are not expected to live a hermit-
like existence or cease functioning as citizens of
the Philippines, they should remember that they
do not disrobe themselves of their judicial office
upon leaving their salas.
 The filing of a certificate of candidacy is
a partisan political activity as the
candidate thereby offers himself to the
electorate for an elective post (Limbona v.
Judge Limbona, A.M. No. SCC-98-4 March 22,
2011).
Engaging in partisan political activity
improper under Civil Service Law, (Section
45, Pres. Decree No. 807, Civil Service Law).
Illustrations of violation of this section:
a. A judge who expresses himself with
expletives (In Re: Acuna, A.M. Ni. RTJ-04-
1981, Ibid.);
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b. A judge who engaged in partisan politics
when he
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participated in a political rally
sponsored by one party, even though he
only explained the mechanics of block voting
to the audience (Macias v. Araulla, A.M. Ni. 1895-
CFI, July 20, 1982);
c. 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 (Galang v. Judge
Santos G.R. No. MTJ-99-1197 [1999]); and
d. A judge appointed to executive position
in any enterprise (Re: Inhibition of Judge
Bienvenido R. Estrada A.M. No. 98-1-32-RTC July
29, 1998).
Section 7. Judges shall inform themselves
about their personal fiduciary financial
interests and shall make reasonable
efforts to be informed about the financial
interests of members of their family.
This section of the New Code of Judicial Conduct
should be read in conjunction with Section 7 of
the Republic Act 6713, which prohibits certain
personal fiduciary and financial conflicts.
A judge has a duty of financial transparency
and duty to avoid financial conflicts of
interest. He must be always conscious of his
and his family's financial dealings, when
practicable, to avoid being caught inadvertently
in financial entanglements. Where a potential
financial conflict would occur, the judge
becomes duty-bound to inhibit from the
case (Ibid, pp. 469-470).
Note: (Office of the Court Administrator v. Judge
Usman, A.M. No. SCC-08-12, October 19, 2011)
A judge clearly violates the Anti-Graft and
Corrupt Practices for Public Officials and
Employees when he fails to file his
Statement of Assets, Liabilities and Net
Worth (SALN) without justifiable reasons.
While every office in the government service is a
public trust, no position exacts a greater
demand on moral righteousness and uprightness
of an individual than a seat in the Judiciary.
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The section does not prohibit judges from
having financial dealings or personal fiduciary
interests.
Indeed, it is not good for judges to engage in
business except only to the extent allowed
by Rule 5.03 of the Code of Judicial Conduct
which provides:
 Subject to the provisions of the preceding
rule, a judge may hold and manage
investments but should not serve as an
officer, director, manager, advisor, or
employee of any business except as
director of a family business of the
judge (Berin and Alorro v. Judge Barte A.M. No.
MTJ-02-1443. July 31, 2002).
Other permissible instances:
Judge can engage in financial and business
dealings provide:
1. Such will not reflect adversely on the
court’s impartiality;
2. Will not interfere with the proper
performance of judicial activities; and
3. Will not 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 disqualification (Catbagan v.
Judge Barte, A.M. No. MTJ-02-1452. April 06,
2005).
Section 8. Judges shall not use or lend the
prestige of the judicial office to advance
their private interests, or those of a
member of their family or of anyone else,
nor shall they convey or permit others to
covey the impression that anyone is in a
special position improperly to influence
them in the performance of judicial duties.
A judicial office carries a certain amount of
prestige and influence in society. That prestige
and influence should be used to promote and
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enhance respect for the law a d the
administration of justice, and not further the
judge's and his family's personal interests.
 A judge who attends the proceedings
of an election protest before a
Municipal Circuit Trial Court where his
brother was the election protestor
purportedly in order to give moral support to
his brother (Vidal v. Judge Dojillo, A.M. No.
MTJ-05-1591, July 14, 2005).
 Another is when a respondent judge
took advantage of his position as a
Makati Regional Trial Court judge by
filing in the Makati Court a collection
case in which he and his wife were the
complainants (Javier vs. De Guzman, A.M. No.
RTJ-89-380, December 19, 1990).
Ticket-fixing – a misconduct in which judges
impermissibly take advantage of their position to
avoid traffic violation.
Section 9. Confidential information
acquired by judges in their judicial
capacity shall not be used or disclosed by,
for any other purpose not related to their
judicial duties.
Judges have the duty of confidentiality when
they come into possession of information
in the course of their judicial duties. Such
information should only be used in arriving at a
decision of a case, and not for any other use.
Hence, the judge may not use any information
for other unofficial purposes.
The judge may be liable for violation divulging
valuable information of a confidential character,
acquired by his office on account of his official
position to unauthorized persons or releasing
sch information in advance of its authorized
release due (Sec. 3[k], R.A. 3019).
Violation of the rule may also lead to
“revelation of secrets by an officer” or to
“revelation of the secrets of a private
individual” punishable by Articles 229 and
230 of the Revised Penal Code
respectively.

Illustrations of violation of this section:
a. When the appellate justice announced on
television that he lost a confidential
draft of an order and publicly asked
the NBI to investigate (In Re: Justice
Anacleto Badoy, 395 SCRA 231, January 16,
2003);
b. When a judge released a draft of her
decision to a party (Centrum Agri-Business
Realty Corp. v. Katalbas-Moscardon, 247 SCRA
145, August 11, 1995);
c. When a judge personally furnishes a
party copies of orders issued without
passing them through the court docket
(Co v. Calimag, A.M. No. RTJ-99-1493, June 20,
2000); and
d. When a judge allowed his wife to have
access to court records which are
necessarily confidential (Gordon v.
Lilagan, A.M. No. RTJ-00-1564, July 26, 2001).
Court Records
 Relevant documents which are
submitted to, and accepted by, a court
of competent jurisdiction in the course
of adjudicatory proceedings, become
documents to which the presumption
of public access applies. The
presumption that the public has a right to
see and copy judicial records attaches to
those documents which properly come
before the court in the course of an
adjudicatory proceeding and which are
relevant to the adjudication (FTC v. Standard
Financial Management Corp., 830 F. 2d 404,
1987).
 Unlike court orders and decisions,
however, pleadings and other
documents filed by parties to a case
need not be matters of public concern
or interest. They are filed for the purpose
of establishing the basis upon which the
court may issue an order or a judgment
affecting their rights and interests. If the
information sought then is not a matter of
public concern or interest, denial of access
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thereto does not violate a citizen's
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constitutional right to information (Hidalgo v.
Judge Reyes, G.R. No. 163155, July 21, 2006).
 The public's right of access to judicial
records, including transcripts, evidence,
memoranda, and court orders, may be
restricted, but only on a showing of "good
cause". To determine whether good cause is
shown, a judge must balance the rights of
the parties based on the particular facts of
each case (Supreme Judicial Court,
Massachusetts, Suffolk. The Republican Company
v. Appeals Court & others, July 27, 2014, 441).
Section 10. Subject to the proper
performance of judicial duties, judges
may:
a. Write, lecture, teach, and participate in
activities concerning the law, the legal
system, the administration of justice or
related matters;
b. Appear at a public hearing before an official
body concerned with matters relating to the
law, the legal system, the administration of
justice or related matters;
c. Engage in other activities if such activities
do not detract from the dignity of the
judicial office or otherwise interfere with the
performance of judicial duties.
Note:
See: A.M. NO. 13-05-05-SC, RE: Revision of
restrictions on teaching hours of Justices,
Judges and personnel of the Judiciary, En Banc
Resolution dated 1 April.
Teaching shall be allowed for not more than ten (10)
hours a week. On regular working days (Monday
through Friday), teaching shall not be conducted
earlier than 5:30 p.m.
An application for permission to teach filed by a
judge or justice shall require approval as
follows:
i. If filed by a judge from a lower level court, it
shall be subject to the approval of the executive
judge concerned;
ii. If filed by an executive judge, it shall be subject
to the approval of the Court Administrator;
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iii. If filed by an Associate Justice of the Court of
Appeals, the Sandiganbayan, or the Court of Tax
Appeals, it shall be subject to the approval of the
presiding justice concerned;
iv. If filed by the Presiding Justice of the Court of
Appeals, the Sandiganbayan, or the Court of Tax
Appeals, it shall be subject to the approval of the
Chief Justice;
v. If filed by court personnel from a lower level
court, it shall be subject to the approval of the
executive judge concerned;
vi. If filed by court personnel from the Court of
Appeals, the Sandiganbayan, or the Court of Tax
Appeals, it shall be subject to the approval of the
presiding justice or the executive justice
concerned, as the case may be;
vii. If filed by Supreme Court personnel belonging to
a chamber of an Associate Justice of the
Supreme Court, it shall be subject to the approval
of the Associate Justice concerned, who will
notify the Chief Justice and the Office of
Administrative Services, Supreme Court, of this
approval; and
viii. If filed by other Supreme Court personnel, it shall
be subject to the approval of the Chief Justice.
Failure to secure permit to teach
 To justify his failure to obtain a permit from
the Supreme Court, he said that the
University of the East did not require him
to submit one.
 Respondent judge’s failure to accomplish the
Request for Permission to teach form prescribed
in Circular No. 50-97, dated July 18, 1997 is
inexcusable (Jabon v. Judge Sibanah E.
Usman, A.M. No. RTJ-02-1713 [2005]).
Section 10 states the allowable judicial activities
a judge may perform. Absence of other activities
other than his judicial employment would not be
healthy, mentally and emotionally. Nevertheless,
these activities must be consistent with the
dignity and responsibility of the judicial office.
Note: This section’s tolerance of judicially
related activities is limited by the prohibition on
judges from being designated to any agency
performing quasi-judicial or administrative
functions (Sec. 12, Art. VIII, 1987 Constitution).
A judge sought the Court’s permission to accept
membership in the Ilocos Norte Provincial
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Committee on Justice, an administrative body.
The Court denied his request and ruled that
allowing the judge’s membership would be a
violation of the constitutional provision on the
discharge by members of the judiciary of
administrative functions in quasi-judicial or
administrative agencies (In re: Designation of
Judge Manzano, A.M. No. 88-7-1861-RTC, October 5,
1988).
Section 11. Judges shall not practice law
whilst the holder of judicial office.
 Private Practice – Consists in frequent or
customary action, a succession of acts of
the same nature habitually or customarily
holding one’s self to the public as a lawyer
(Ziga v. Judge Arejola, 451 Phil. 449, June 10,
2003).
 A judge shall not engage in the private
practice of law which includes
preparation of pleadings, legal papers
in anticipation of litigation, and giving
of legal advice (Tabao v. Asis, 252 SCRA
581).
 The basis for this rule is public policy. The
rights, duties, privileges and functions of the
office of an attorney-at-law are inherently
incompatible with the high official functions,
duties, powers, discretion and privileges of a
judge. It also aims to ensure that judges
give their full time and attention to their
judicial duties, prevent them from extending
special favors to their own private interests
and assure the public of their impartiality in
the performance of their functions. These
objectives are dictated b a sense of moral
decency and desire to promote the public
inters (Carual v. Judge Brusola, 375 Phil. 464,
October 20, 1999).
Other basis for the prohibition:
a. Sec. 35, Rule 138 of the Rules of Court; and
b. Canon 5, Rule 5.07 of the Code of Judicial
Conduct
 These provisions are based on public policy
for there is no question that the rights,
duties, privileges and functions of the office
of an attorney-at-law are inherently

incompatible with the high official
functions, duties, powers, discretion and
privileges of a judge.
 It also aims to ensure that judges give
their full time and attention to their
judicial duties, prevent them from
extending special favors to their own
private interests and assure the public of
their impartiality in the performance of
their functions.
 These objectives are dictated by a sense
of moral decency and desire to promote
the public interest (Ziga v. Judge Arejola,
A.M. No. MTJ-99-1203. June 10, 2003).
JUDGES ACTING AS NOTARY PUBLIC
It should be noted that judges assigned to
municipalities and circuits may act as
notaries public provided that:
1) all notarial fees charged be to the
government’s account, and
2) certification be made in the notarial
documents attesting to the lack of lawyers or
notary in the municipality or circuit
RTC Judges and Justices have no authority
to notarize documents anywhere and
under all circumstance (Pineda, Judicial Ethics,
2009 ed, p. 174).
 Respondent's act of representing and
defending the interest of a private
individual in the disputed property
constitutes private practice of law,
(Carual v. Brusola A.M. No. RTJ-99-1500.
October 20, 1999).
Section 12. Judges may form or join
associations of judges or participate in
other organizations representing the
interests of judges.
 Membership and active participation of
judges, in judges’ organizations is a
welcome activity. Since social activities of
judges with lawyers are restricted, such
activities afford an opportunity to socialize
with one peers. It is a venue to pursue
professional development in the exchange of
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ideas with fellow judges (Funa, Legal and
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Judicial Ethics: With Bar Examination Questions,
2009, p. 479).
Section 13. Judges and members of their
families shall neither ask for, or accept,
any gift, bequest, loan or favor in relation
to anything done or to be done or omitted
to be done by him or her in connection
with the performance of judicial duties.
This section should be read in conjunction with
Section 7(d) of R.A. 6713 which prohibits public
officials from soliciting or accepting gifts.
According to this provision:
 It is the duty of judges and members of his
family to refrain from soliciting or accepting
financial or material gain. It is this kind of
gross and flaunting misconduct on the part
of those who are charged with the
responsibility of administering the law and
rendering justice that so quickly and surely
corrodes the respect for law and the courts
without which government cannot continue
and that tears apart the very bonds of our
polity (Haw Tay v. Singayao 154 SCRA 107,
September 17, 1987).
Section 14. Judges shall not knowingly
permit court staff of others subject to
their influence, direction or authority, to
ask for, or accept any gift, bequest, loan or
favor in relation to anything done or to be
done or omitted to be done in connection
with their duties of functions.
 This section complements the previous
section and assures that what the judge
cannot do directly may not be done
indirectly through the use of employees or
staff members. The High Court held that a
judge allowing his bailiff’s son to store
attached property at his house constitutes
misconduct (Agpalasin vs. Agcaoili, 330 SCRA
250, April 12, 2000).
 While sections 13 and 14 cover instances
where the judge is clearly the recipient of
money or property from litigants before his
court, the sections are likewise relevant to
cases where the transaction between the
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judge and interested parties is less obvious.
In a case involving the financial and judicial
audit of the municipal trial court in
Koronadal, a judge was found guilty of gross
misconduct for having violated these
provisions. In that case, the judge had
periodically “borrowed” from court
funds to pay for a variety of personal
expenses including his children’s
tuition and medical expenses incurred
for his parents’ illness. He had also
used evidence submitted to the Court –
such as guns and ammunition –for his
own protection (In Re: Report on the Judicial
and Financial Audit Conducted in the Municipal
Trial Court in Cities, Koronadal City A.M. No. 02-
9-233-MTCC, April 27 2005).
Section 15. Subject to law and to any legal
requirements of public disclosure, judges
may receive a token gift, award, or benefit
as appropriate to the occasion on which it
is made provided that such gift, award of
benefit might not reasonably be perceived
as intended to influence the judge in the
performance of judicial duties or
otherwise give rise to an appearance of
partiality.
General Rule: Judges and members of their
families cannot accept gifts, etc.
Exceptions: Subject to legal requirements like
public disclosure may accept gifts provided that
it might not reasonably be perceived as intended
to influence judge.
Section 7(d) of R.A. No. 6713 allows the
following:
a. Gift of nominal value tendered and
received as a souvenir or mark of courtesy
b. Scholarship or fellowship grant or
medical treatment
c. Travel grants or expenses for travel
taking place entirely outside the Philippines
(such as allowances, transportation, food,
and lodging) of more than nominal value,
if such acceptance is appropriate or
consistent with the interest of the Philippines,
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and permitted by the head office, branch, or
agency, to which the judge belongs.
Factors to Consider in Giving Token Gifts:
1. The value of the gift which should not be
excessive
2. The regularity of the occasion. The
occasion should not be normally celebrated.
3. The party giving the gift. If the gift-giver
happens to be a party-litigant with a pending
case before the judge, the value of the gift
might be immaterial as the propriety of the
gesture might be misconstrued.
Bribery: Direct and Indirect
 Acceptance of gifts given by reason of
the office of the judge is indirect bribery
(Art. 211, RPC).
 When he agrees to perform an act
constituting a crime, in connection
with the performance of these official
duties, in consideration of any offer,
promise, gift or present received by such
officer, he is guilty of direct bribery (Art. 210,
RPC).
Anti-Graft and Corrupt Practice Act
 The judge is liable criminally for directly or
indirectly receiving gifts, presents or other
pecuniary or material benefit for himself or
for another under conditions provided in
Section 2 pars. b and c of the law.
Exception: 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, R.A. 3019) New
Civil Code.
 Donations given to a judge or to his wife,
descendants or ascendants by reason of his
office are void (Art. 739, NCC.) Ownership
does not pass to the donee. Money or
property donated is recoverable by the
donor, his heirs or creditors.

 No loan, guarantee, or other form of financial
accommodation for any business purpose
may be granted, directly or indirectly, by any
government-owned or controlled bank or
financial institution to the xxx Members of
the Supreme Court, xxx, during their tenure
(Sec. 16, Art. XI, 1987 Constitution).
CANON 5: EQUALITY
Ensuring equality of treatment to all
before the courts is essential to the due
performance of the judicial office.
This is a new canon not found in the previous
two Philippine codes of Judicial Conduct. It
expands the measures to promote equality
required by international human rights
agreements. Those agreements advocate a
universal application of law and non-
discrimination between sexes.
Section 1. Judges shall be aware of, and
understand, diversity in society and
differences arising from various sources,
including but not limited to race, color,
sex, religion, national origin, caste,
disability, age, marital status, sexual
orientation, social and economic status
and other like causes.
Understanding of social diversities enlightens a
judge away from social bias and prejudice. With
enlightenment, a judge is swayed from
deciding on the basis of race, color sex,
religion, national origin, caste, disability,
age, marital status, sexual orientation,
social and economic status and other
human and social differences. Judges must
be able to avoid the infiltration of
preconceptions into their decisions. They should
be mindful of the various international
instruments and treaties ratified by the
Philippines, which affirm the equality of all
human beings and establish a norm of non-
discrimination without distinction as to race, sex,
language, or religion.
Section 2. Judges shall not, in the
performance of judicial duties, by words or
conduct, manifest bias or prejudice
towards any person or group on irrelevant
grounds.
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Note: What is
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required on the part of
judges is objectivity. Independent judiciary
does not mean that judges can resolve specific
disputes entirely as they please. There are both
implicit and explicit limits on the way judges
perform their role. Implicit limits include
accepted legal values and the explicit limits are
substantive and procedural rules of law. What is
more, sec. 1, Rule 137 of the Rules of Court
expressly states that no judge shall sit in any
case which he has been counsel (for a party)
without the written consent of all the parties-in-
interest, signed by them, and entered upon the
record (In Re: Judge Rojas, A.M. No. 98-6-185-RTC,
October 30, 1998).
 When a judge accepts and occupies a high
office in the administration of justice, he is
responsible for ensuring that his conduct,
even in private arenas, reflects the dignity of
the judicial office (Candia vs. Tagabucha, A.M.
No. 528-MTJ, September 12, 1977).
 An illustration to this section is when a
judge who advises a claimant to settle
her claim and overly pressures her to
accept the proposal of the employer
creates the suspicion that the judge is
biased in favor of the employer (Retuya
vs. Judge Equipilag, A.M. No. 1431-MTJ, July 16,
1979).
Section 3. Judges shall carry out judicial
duties with appropriate consideration for
all persons, such as the parties, witnesses,
lawyers, court staff and judicial
colleagues, without differentiation on any
irrelevant ground, immaterial to the
proper performance of such duties.
Judicial functions should be carried out in an
orderly manner, free from any extraneous
disruptions. Acts of inconsiderateness disrespect
and discourtesy disrupts judicial proceedings
which unduly hampers the judge’s task. In the
end, it is the administration of justice which
suffers as a result of poor human relations with
the parties, witnesses, lawyers, court staff and
even judicial colleagues.
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The provision is taken from Canons 1, 9, 1ns 10
of the Canons of Judicial Ethics and Rule 3.04,
Canon 3 of the 1989 Code of Judicial Conduct.
Section 4. Judges shall not knowingly
permit court staff or others subject to his
or her influence, direction or control to
differentiate between persons concerned,
in a matter before the judge, on any
irrelevant ground.
Members of the court staff and persons under
the direction of the judge should be
instruments, as well, in the orderly
administration of justice. Inappropriate
conduct of the court staff towards they
party litigants should be the accountability
of the judge. His failure to properly supervise
his staff constitutes negligence on the part of
the judge.
 Judges and clerks of court must therefore
take proper action against the misdeeds of
employees. While the traditional value
of “pakikisama” often fosters harmony
and good relationships in the
workplace, it cannot be allowed to
frustrate or prejudice the
administration of justice (Lacurom vs.
Magbanua, 395 SCRA 589, January 22, 2003).
Section 5. Judges shall require lawyers in
proceedings before the court to refrain
from manifesting, by words or conduct,
bias or prejudice based on irrelevant
grounds, except such as are legally
relevant to an issue in proceedings and
may be the subject of legitimate advocacy.
A judge has a duty to ensure lawyers are not
biased or prejudiced. Bias and prejudice have no
place in judicial proceedings. They are
immediately immaterial and irrelevant. Pursuant
to this section, the judge may reprimand the
counsel; for such biased or prejudiced
manifestation.
Judges should conduct proceedings in court with
dignity and in a manner that reflects the
importance and seriousness of proceedings.
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They should maintain order and proper decorum
in the court
Note:
1. A judge may not summarily suspend a
lawyer for indirect contempt, (Balasbas
v. Aquilizan, 106, SCRA 489);
2. Although a judge has the power to
recommend for appointment of court
personnel, however, he has no power to
dismiss them. The power to dismiss a
court employee is vested in the
Supreme Court, (Dailay-Papa v. Almora, 107,
SCRA 28); and
3. The authority of judges/or executive
judges to discipline erring court
personnel under their supervision is
limited to light offenses only- the
suspension of a court employee charged
with grave or less grave offenses shall
be referred to the Supreme Court for
appropriate action, (Aguire v. Baltazar, 450
SCRA 518).
CANON 6: COMPETENCE AND DILIGENCE
Competence and diligence are
prerequisites to the due performance of
judicial office.
Intelligence - This is the possession of
sufficient learning, ability and skill in a particular
discipline enhanced by actual and sufficient
experience in the field. A competent judge is
perceived as intelligent.
Diligence - is the quality of a person
characterized by his earnest willingness and
capability to promptly do or undo what is
required by the nature of the obligation or duty
in accordance with existing rules. Diligence
carries the elements of perseverance, industry,
quickness and carefulness, (Pineda, Judicial Ethics,
2009 ed, p. 207).
 The administration of justice is a scared
task. Upon assumption to office, a judge
ceases to be an ordinary mortal. He
becomes the viable representation of the

law and, more importantly, of justice (OCA v.
Gines, A.M. No. RTJ-92-802, July 5, 1993).
Section 1. The judicial duties of a judge
take precedence over all other activities.
 Though a judge has a duty to not sit where
disqualified, a judge has an equally strong
duty not to recuse himself when the
circumstances do not require recusal (ABA
Annotated Model of Code of Judicial Conduct
[2004]; Laird v. Tatum, 408 U.S. 1 [1972]).
 Judges should be attentive of their work
ethic. Judges are duty bound to comply with
the service requirement to insure the
maximum efficiency of the trial courts for a
speedy administration of justice (In Re:
Echiverri, 67 SCRA 467, October 30, 1975).
Section 2. Judges shall devote their
professional activity to judicial duties,
which include not only the performance of
judicial functions and responsibilities in
court and the making of decisions, but
also other tasks relevant to the judicial
office or the court's operations.
Note: A very important task of the judge is
efficient management of his court. Management
skills, therefore, is an important skill for the
magistrate. As part of his management duties,
the judge must also be good Personnel Manager
when it comes to his court staff. With an
efficient management of his court, the judge can
go about in his primary judicial duties efficiently.
 A judge is expected to ensure that the
records of cases assigned to his sala are
intact. There is no justification for missing
records save fortuitous events. The loss of
not one but eight records is indicative of
gross misconduct and inexcusable
negligence unbecoming of a judge
(Longboan v. Polig, A.M. Mo.. 704-RTJ, June 14,
1990).
 Hence, for a judge to allow an activity, and
an unofficial one at that, to take precedence
over the conduct of hearings is totally
unacceptable. It is a patent derogation of
Sections 1 and 2 of Canon 6 and a blatant
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disregard of the professional yardstick that
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“all judicial officials and employees
must devote their official time to
government service, (Anonymous
Complaints against Hon. Dinah Evangeline B,
Bandong, A.M. RTJ-17-2507, October 29, 2017).
Section 3. Judges shall take reasonable
steps to maintain and enhance their
knowledge, skills, and personal qualities
necessary for the proper performance of
judicial duties, taking advantage for this
purpose of the training and other facilities
which should be made available, under
judicial control, to judges.
 Just like lawyers, judges must ensure that
they are updated with the latest rules and
jurisprudence. There is the need to be
diligent in keeping abreast with
developments in law and jurisprudence
(Aguilar v. Dalano, 333 SCRA 62, June 8, 2000).
 Members of the judiciary are supposed to
exhibit more than just a cursory
acquaintance with the statuses and
procedural rules, more so with legal
principles and rules so elementary and basic
that not to know them, or to act as if one
does not know them, constitutes gross
ignorance of the law (Almeron v. Sardido, 281
SCRA 415, November 6, 1997).
 Although a judge is nearing retirement, he
should not relax in his study of the law and
court decisions (Abad v. Bleza, A.M. No. 227-
RTJ, October 13, 1986).
 In the absence of bad faith, fraud,
dishonesty, or deliberate intent to do
injustice, incorrect rulings do not constitute
misconduct and may not give rise to a
charge of gross ignorance of the law (Cruz
v. Iturralde, A.M. No. MTJ-03-1775, April 30,
2003).
 Though good faith and absence of malice or
corruption are sufficient defenses, such does
not apply where the issues are so simple
and the applicable legal principles are
evident and basic as to be beyond possible
margin of error (Corpus v. Ochotorena, 435
SCRA 446, July 30, 2004).
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 Respondent Judge is guilty of gross
ignorance of the law for issuing a
Temporary Protection Order (TPO) in favor
of petitioner Albert Chang Tan in SP Case
No. M-6373, since a TPO cannot be
issued in favor of a man against his
wife under R.A. No. 9262, which is the
Anti-violence against Women and their
Children Act of 2004. Indeed, as a family
court judge, Judge Arcaya-Chus is
expected to know the correct
implementation of R.A. No. 9262
(Ocampo v. Judge Arcaya-Chua, A.M. OCA IPI
No. 07-2630-RTJ, April 23, 2010).
 Ignorance of the law is a mark of
incompetence, and where the law
involved is elementary, ignorance thereof is
considered as an indication of lack of
integrity (Office of the Court Administrator vs.
Judge Anatalio S. Necessario, et al . A.M. No.
MTJ-07-1691. April 2, 2013).
 Without a standing warrant of arrest, a
judge not assigned to the province,
city or municipality where the case is
pending has no authority to grant bail.
To do so would be gross ignorance of the
law, (Prosecutor Ivy A. Tejano v. Judge Antonio
D. Marigomen, et al., A.M. RTJ-17-2492,
September 26, 2017).
Section 4. Judges shall keep themselves
informed about the relevant developments
of international law, including
international conventions and other
instruments establishing human rights
norms.
International law is an indispensable basis of
judicial action. In today’s era of international
inter-dependence and international trade and
relations, knowledge of international law has
become imperative
Section 5. Judges shall perform all judicial
duties, including the delivery of reserved
decisions, efficiently, fairly, and with
reasonable promptness.
Justice delayed, is justice denied. Indeed,
nothing is more detrimental to the
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administration of justice that an inefficient and
unfair judge. Justice, of which all persons aspire
to, till be an empty pronouncement is not
rendered in a timely and due manner.
The essence of the judicial function is expressed
in Section 1, Rule 124 of the Revised Rules of
Court which provides that “[j]ustice shall be
impartially administered without
unnecessary delay.” This principle permeates
the whole system of judicature, and supports
the legitimacy of the decrees of judicial
tribunals.
Judicial Errors
Not every judicial error bespeaks
ignorance of law.
 If committed in good faith, such errors
do not warrant administrative
sanctions. Otherwise, judges, in effect, will
be expected to render infallible judgments.
However, this would apply only within
certain tolerable judgments and does
not apply where the issues are so
simple and the applicable legal
principle evident and as to be beyond
permissible margins of error (Sps. Daracan v.
Judge Natividad, 395 Phil. 353, September 27,
2000).
Delay in Resolving Cases
For failure to resolve cases within the
reglementary period, a judge may be held liable
for gross inefficiency and dereliction of duty. On
meritorious grounds, judges may ask for
additional time to resolve cases. But such
application for extension must be filed
before the expiration of the prescribed
period. Delay in resolution of cases also
constitutes a violation of the constitutional right
of the parties to a speedy disposition of their
cases
 Where, of course, the delay cannot be
attributed to the judge, such when the
completion of the transcript of stenographic
notes is up to a stenographer which is not
under the control of the judge, the judge

may not be held accountable (Gaspar v.
Judge Bayhon, 278 SCRA 497, September 5,
1997).
Rules prescribing the time within which certain
acts must be done are indispensable to prevent
needless delays in the orderly and speedy
disposition of cases. Thus, the 90-day period
is mandatory. Failure to decide a case within
the reglementary period is not excusable and
constitutes gross inefficiency warranting the
imposition of administrative sanctions on the
defaulting judge (Re: Cases submitted for decision
before Hon. Teresito A. Andoy, A.M. no. 09-9-163-
MTC, May 6, 2010).
 Judge Soriano’s unreasonable delay in
deciding cases and resolving incidents and
motions, and his failure to decide the
remaining cases before his compulsory
retirement constitutes gross inefficiency,
which cannot be tolerated (Office of the Court
Administrator v. Hon. Santiago E. Soriano, A.M.
No. MTJ-07-1683, September 11, 2013).
Section 6. Judges shall maintain order and
decorum in all proceedings before the
court and be patient, dignified, and
courteous in relation to litigants,
witnesses, lawyers, and others with whom
the judge deals in an official capacity.
Judges shall require similar conduct of
legal representatives, court staff and
others subject to their influence, direction
and control.
 A judge has a duty to maintain order,
decorum and respect in court proceedings.
All judges should always observe courtesy
and civility (Fineza v. Aruelo, 385 SCRA 339,
November 29, 2001).
 Judicial decorum requires a magistrate to be
at all times temperate in his language
(Turqeza v. Hernando, G.R. No. L-51626, April
30, 1980).
 Refraining from inflammatory or excessive
rhetoric of from resorting to language of
vilification (Royeca v. Animas, G.R. No. L-
39584, May 3, 1976).
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 Judicial decorum also requires that a judge
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must look respectable and be properly
attired.
Respondent judge was guilty of committing
acts unbecoming of judge and abuse of
authority when he shouted invectives and
threw a chair at the complainant, resulting
in wrist and other injuries, to the
complainant (Briones v. Ante, Jr, A.M. No. MTJ-
02-1411, April 11, 2002).
 Besides the basic equipment of possessing
the requisite learning in the law, a
magistrate must exhibit that hallmark
judicial temperament of utmost
sobriety and self-restraint which are
indispensable qualities of every judge
(Rodriguez v. Bonifacio, A.M. No. RTJ-99-1510
(Resolution), [November 6, 2000], 398 PHIL 441-
480).
Section 7. Judges shall not engage in
conduct incompatible with the diligent
discharge of judicial duties.
 Section 7 covers all other questionable or
doubtful conduct of a judge. In the final
analysis, the judge must always align his
conduct with the office which he holds. It is
not the public’s perception that should be
adjustable but rater the judge’s conduct
which should align itself with the public’s
perception of a magistrate’s conduct.
Ultimately, the judge must serve the people
by rendering justice where justice is due.
By issuing orders indefinitely postponing the
hearing of election protest, the judge
manifested inefficiency in the disposition of
an election protest case; thus, overtly
transgressed basic mandatory rules for
expeditious resolution of cases in (De la Cruz
vs. Pascua, 359 SCRA 568, June 26, 2001).
 Watching telenovelas surely dissipates away
Judge Bandong’s precious time in the office,
which needless to say, has an adverse effect
on the prompt administration of justice
(Anonymous Complaints against Hon. Dinah
Evangeline B, Bandong, A.M. RTJ-17-2507,
October 29, 2017).
CODE OF JUDICIAL CONDUCT (1989)
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This code applies suppletorily.
A. Administrative Jurisdiction over Judges
and Justices (All levels)
Supreme Court
Members of the Supreme Court may be removed
from office on impeachment for, and conviction
of, culpable violation of the Constitution,
treason, bribery, graft and corruption, other high
crimes, or betrayal of public trust (Sec 2, Article
XI, 1987 Constitution).
The SC has administrative supervision over all
lower courts and their personnel (Art. VIII, Sec.
6.) and exclusive power to discipline judges of
lower courts (Art. VIII, Sec. 11).
The Ombudsman is duty bound to refer to the
SC all cases against judges and court personnel.
Sandiganbayan
Rule:
By implication, the Supreme Court can dismiss a
Justice of the Sandiganbayan since proceedings
for the discipline of Justices of the
Sandiganbayan may be instituted motu proprio
by the Supreme Court or upon a verified
complaint, and sanction dismissal on the
grounds provided under Rule 140 of the Rules of
Court (Sec. 1 in relation to Sec. 11, Rule 140, Rules
of Court, as amended).
Court of Appeals, Court of Tax Appeals,
Regional Trial Courts, Metropolitan Trial
Courts / Municipal Trial Courts in Cities /
Municipal Trial Courts / Municipal Circuit
Trial Courts, Sharia District Courts
Rule:
The Supreme Court en banc shall have the
power to discipline judges of lower courts, or
order their dismissal by a vote of majority of the
Members who actually took part in the
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deliberations on the issues in the case and voted
thereon (Section 11, Article VIII, Constitution).
Qualification:
(1) In principle, the Supreme Court would not
assign complaints filed with it against
justices and judges of the lower courts to
the IBP for investigation after the Supreme
Court shall have found a probable cause in
such charges. As a matter of long standing
practice, the Court has assigned complaints
against Municipal or Metropolitan Trial
Judges to an Executive Judge of a Regional
Trial Court, and complaints against judges of
the Regional Trial Courts to a justice of the
Court of Appeals for investigation, report
and recommendation, while a complaint
against a member of the Court of Appeals
would probably be assigned to a member of
the Supreme Court for investigation, report
and recommendation.
(2) The IBP shall refer to the Supreme Court all
cases filed against judges, including
complaints charging judges jointly with
practicing lawyers, whether filed directly
with the IBP or transmitted to the IBP by
the Office of the Solicitor General. The
Supreme Court will examine these
complaints individually and on a case by
case basis. The Court may refer such a case
for joint investigation to an Executive Judge
of a Regional Trial Court or to a justice of
the Court of Appeals. There may, however,
be instances when the case against the
practicing lawyer may be separable and
conveniently referred to the IBP for
investigation (SC Circular No. 3-89, Series of
1989)
B. Disqualification of Justices and Judges
(Rule 137 of the Rules of Court in the Philippines,
See Annex G for the full text)
1. Compulsory Disqualification (Sec. 1, Rule
137, Rules of Court)
No judge or judicial officer shall sit in any case
in which:

1. He, or his wife or child, is pecuniarily
interested as heir, legatee, creditor or
otherwise;
2. In which he is related to either party within
the sixth degree of consanguinity or affinity;
3. He is to counsel within the fourth degree,
computed according to the rules of the civil
law;
4. In which he has been executor,
administrator, guardian, trustee or counsel;
As a general rule, a judge is prohibited from
serving as executor, administrator, trustee,
guardian or other fiduciary. The only exception
is when the estate or trust belongs to, or the
ward is a member of his immediate family,
and only if his service as executor, administrator,
trustee, guardian or fiduciary will not interfere
with the proper performance of his judicial
duties.
 The Code has defined who may be considered
as members of his immediate family and they
are the spouse and relatives within the
second degree of consanguinity (Carual v.
Brusola A.M. No. RTJ-99-1500. October 20,
1999).
5. In which he has been presided in any inferior
court when his ruling or decision is the
subject of review, without the written
consent of all parties in interest, signed by
them and entered upon the record (Sec. 1,
Rule 137, RRC).
 The prohibitions under the afore-quoted
provisions of the Rules are clear. The
disqualification is mandatory and gives
the judicial officer concerned no discretion
but to inhibit himself from trying or sitting
in a case. The rationale, therefore, is to
preserve the people's faith and confidence
in the judiciary's fairness and objectivity
(Incorporators of Mindanao Institute, Inc. v.
United Church of Christ in the Philippines, G.R.
No. 171765, [March 21, 2012], 685 PHIL 21-
36).
2. Voluntary Disqualification (Sec. 1[2], Rule
137, Rules of Court)
May be acted upon exercise of the judge’s
sound discretion, disqualifying himself from
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sitting in a case, for just or valid reasons
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other than those mentioned above (Ibid).
 A judge may not be legally prohibited
from sitting in a litigation, but when
circumstances appear that will induce
doubt as to his honest actuations and
probity in favor of either party, or incite
such state of mind, he should conduct a
careful examination. He should exercise
his discretion in a way that people’s
faith in the Courts of Justice is not
impaired. The better course for the
judge under such circumstances is to
disqualify himself (Borromeo-Herrera v.
Borromeo,G.R. No. L-41171, July 23, 1987).
 Intimacy or friendship between a judge
and an attorney of record of one of the
parties to a suit is no ground for
disqualification. That one of the
counsels in a case was a classmate of
the trial judge is not a legal ground for
the disqualification of the said judge. To
allow it would unnecessarily burden
other trial judges to whom the case
would be transferred… But if the
relationship between the judge and an
attorney for a party is such that there
would be a natural inclination to
prejudice the case, the judge should be
disqualified in order to guaranty a fair
trial (Query of Executive Judge Estrada,
1987).
Objection that a judge is disqualified
The party objecting the official’s competency
may, in writing, file with the official his
objection, stating the grounds therefor, and the
official shall thereupon proceed with the trial, or
withdraw therefrom, in accordance with his
determination of the question of his
disqualification. His decision shall be forthwith
made in writing and filed with the other papers
in the case, but no appeal or stay shall be
allowed from, or by reason of, his decision in
favor of his own competency, until after final
judgment in the case (Sec. 2, Rule 137, RRC).
C. Initiation of complaint against Judges
and Justices
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PROCEDURE FOR FILING
ADMINISTRATIVE COMPLAINT AGAINST
JUDGES AND JUSTICE
1. Proceedings for the discipline of judges of
regular and special courts and Justices of
the Court of Appeals and the Sandiganbayan
may be instituted motu proprio by the
Supreme Court or upon a verified complaint,
supported by affidavits of person who have
personal knowledge of the facts alleged
therein or by documents which may
substantiate said allegations, or upon an
anonymous complaint, supported by public
records of indubitable integrity. The
complaint shall be in writing and shall state
clearly and concisely the acts and omissions
constituting violations of standards of
conduct prescribed for Judges by law, the
Rules of Court, or the Code of Judicial
Conduct (Section 1, Rule 140 of the Revised
Rules of Court).
Q: Who are Judges and Justices covered
by this rule?
A:
1. Judges of Regular and Special Courts
2. Justices of Court of Appeals
3. Sandiganbayan
Three (3) Ways of Instituting
Administrative Charges against Justices
and Judges
a. Motu proprio by the Supreme Court;
b. Verified complaint with affidavits of persons
having personal knowledge of the facts
alleged or substantiating documents; and
c. Anonymous complaint with public record of
indubitable integrity (Sec. 1, Rule 140, RRC).
Note: All other justices and judges from the
Court of Appeals to the lowest level may be
removed from office as provided by law, but not
by impeachment.
Filing of Complaints
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 Under Rule 140 of the Rules of Court, there
are three ways by which administrative
proceedings may be instituted against
Justices of the Court of Appeals and the
Sandiganbayan and judges of regular and
special courts: (1) motu proprio by the
Supreme Court; (2) upon verified complaint
with affidavits of persons having personal
knowledge of the facts alleged therein or by
documents which may substantiate said
allegations; or (3) upon an anonymous
complaint supported by public records of
indubitable integrity (Ethelwoldo E. Fernandez,
Antonio A. Henson & Angel S. Ong vs. Court of
Appeals Asso. Justices Ramon M. Bato, Jr., Isaias
P. Dicdican, A.M. OCA IPI No. 12-201-CA-J.
February 19, 2013).
How to file a complaint?
The complaint shall be in writing and shall state
clearly and concisely the acts and omissions
constituting violations of standards of conduct
prescribed for Judges by law, the Rules of Court,
or the Code of Judicial Conduct (Section 1, Rule
140 of the revised Rules of Court).
Q: Is administrative case filed against
erring Justices of Court of Appeals and
Sandiganbayan, judges and lawyers in
the government service is automatically
treated as disbarment cases?
A: Yes. Pursuant to Resolution No. 02-9-0-SC,
Administrative cases against erring Justices
of the Court of Appeals and Sandiganbayan,
judges and lawyers in the government
service is automatically treated as
disbarment cases (Pineda, Judicial Ethics, 2009
ed, p. 359).
 This new rule shall apply to administrative
cases already filed where the respondents
have not yet been required to comment on
the complaints (Resolution No. 02-9-0-SC; Heck
vs. Santos, 423 SCRA 329).
Serious administrative cases against erring
justices and judges are automatically converted
as disciplinary proceedings against them both as
such officials and as members of the Bar
(Pineda, Judicial Ethics, 2009 ed, p. 360).

Q: Who has the power to discipline judges
of the lower court?
A: Only the Supreme Court, en banc, shall have
the power to discipline judges of lower
courts, or order their dismissal by a vote of a
majority of the members who actually took
part in the deliberations on the issues in the
case and voted thereon (Section 10 (2nd
sentence), Article 8 of the 1987 Philippine
Constitution).
REMEMBER: The required votes in the
Supreme Court for the removal of judges is by a
vote of a majority of the members who actually
took part in the deliberations on the issues in
the case and voted thereon.
What is the manner to discipline an
Associate Justice of the Court?
An Associate Justice of the Court of Appeals may
be subject to discipline in the same manner as
Judges of the Regional Trial Court.
How to act on the complaint?
If the complaint is sufficient in form and
substance, a copy thereof shall be served upon
the respondent, and he shall be required to
comment within ten (10) days from the date of
service. Otherwise, the same shall be dismissed.
(Section 2, Rule 140 of the Revised Rules of Court)
BY WHOM COMPLAINT INVESTIGATED
Upon the filing of the respondent’s comment, or
upon the expiration of the time for filing the
same and unless other pleadings or documents
are required,
The Court shall refer the matter to the Office of
the Court Administrator for evaluation, report,
and recommendation or assign the case for
investigation, report, and recommendation to a
retired member of the Supreme Court, if the
respondent is a Justice of the Court of Appeals
and the Sandiganbayan, or to a Justice of the
Court of Appeals, if the respondent is a Judge of
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a Regional Trial Court or of a special court of
equivalent rank,
COMMISSIONS
or to a Judge of the Regional
Trial Court if the respondent is a Judge of an
inferior court (Section 3, Rule 140 of the Revised
Rules of Court).
HEARING
The investigating Justice or Judge shall set a
day of the hearing and send notice thereof to
both parties (Section 4, Rule 140 of the Revised
Rules of Court).
What to do during hearing?
At such hearing the parties may present oral
and documentary evidence. If, after due notice,
the respondent fails to appear, the investigation
shall proceed ex parte (Section 4, Rule 140 of
the Revised Rules of Court).
Required Period to Terminate the
Investigation
The Investigating Justice or Judge shall
terminate the investigation within ninety (90)
days from the date of its commencement or
within such extension as the Supreme Court
may grant (Section 4, Rule 140 of the Revised
Rules of Court).
REPORT
Within thirty (30) days from the termination of
the investigation, the investigating Justice or
Judge shall submit to the Supreme Court a
report containing findings of fact and
recommendation. The record containing the
evidence and the pleadings filed by the parties
shall accompany the report. The report shall be
confidential and shall be for the exclusive use of
the Court (Section 5, Rule 140 of the Revised Rules
of Court).
ACTION
The Court shall take such action on the report as
the facts and the law may warrant (Section 6,
Rule 140 of the Revised Rules of Court).
CONFIDENTIALITY OF PROCEEDINGS
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Proceedings against Judges of regular and
special courts and Justices of the Court of
Appeals and the Sandiganbayan shall be private
and confidential, but a copy of the decision or
resolution of the court shall be attached to the
record of the respondent in the Office of the
Court Administrator (Section 12, Rule 140 of the
Revised Rules of Court).
Summary of the Procedure for Filing an
Administrative Complaint Against Judge
and Justices:
1. Complaint, in writing and duly sworn to is
filed with the Supreme Court (Sec. 1, Rule
140, RRC);
a. If the charge is with merit, a copy will
be served upon the respondent,
requiring him to answer within 10 days
from the date of service (Sec. 2, Ibid)
b. If not or the answer shows to the
satisfaction of the court that the charges
are not meritorious, it will be dismissed
which must followed by an answer
within 10 days from date of service.
2. Upon filing of respondent’s comment or
expiration of the period upon filing
comment, the SC either:
a. refers the matter to the Office of the
Court Administrator (OCA) for
evaluation, report, and
recommendation, or assign a Justice of
the Court of Appeals (if respondent is an
RTC judge); or
b. a judge of the RTC (if the respondent is
a judge of an inferior court) to
investigate and hear the charges (Sec. 3,
Ibid).
3. After hearings, the investigating justice or
judge submits a report or finding of fact,
conclusions of law and recommendations to
the Supreme Court (Sec. 5, Ibid);
4. The Supreme Court takes action as the facts
and the law may warrant (Sec. 6, Ibid); and
5. The proceedings shall be private and
confidential but a copy of the decision or
resolution of the Court shall be attached to
the record of the respondent in the Office of
the Court Administrator.
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General Rule: An unverified complaint cannot
be given due course (Evangelista v. Baes, A.C. No.
000, December 26, 1974).
Exception: When the charges could be fully
borne by public records of indubitable integrity
(Concerned Citizens v. Elma, RTJ-94-118, February 8,
1995).
Outright Dismissal of Administrative
Complaint
If the complaint is
(a) filed within six months before the compulsory
retirement of a Justice or Judge;
(b) for an alleged cause of the action that
occurred at least a year before such filing;
and
(c) shown prima facie that it is intended to
harass the respondent, it must forthwith be
recommended for dismissal.
D. Discipline of members of the Judiciary
1. Supreme Court
Members of the Supreme Court may be removed
from office on impeachment for, and conviction
of, culpable violation of theConstitution, treason,
bribery, graft and corruption, other high crimes,
or betrayal of public trust (Sec 2, Article XI, 1987
Constitution).
Note: Justice Brion state in his separate
concurring opinion In the Matter of the Charges
of Plagiarism, etc. against Associate Justice
Mariano C. Del Castillo (A.M. No. 10-7-17-SC,
February 8, 2011) that what the impeachment
provisions of the Constitution guarantee is
simply the right to be removed from office only
through the process impeachment and not by
any other means; it does not preclude the
imposition of disciplinary sanctions and not by
any other means; it does not preclude the
imposition of disciplinary sanctions short of
removal on the impeachable official.
Impeachment is the sole means of removal, but
it is certainly not the sole means of disciplining,
Members of the Supreme Court or, for that

matter, public officials removable by b.
impeachment.
2. Lower Court Judges and Justices of the
Court of Appeals, Sandiganbayan and
Court of Tax Appeals (Rule 140) c.
The members of the Supreme Court and judges d.
of lower courts shall hold office during a good
behavior until they reach the age of seventy e.
years or become incapacitated to discharge the
duties of their office. The Supreme Court en f.
banc shall have the power to discipline judges of
lower courts, or order their dismissal by a vote g.
of majority of the Members who actually took
part in the deliberations on the issues in the h.
case and voted thereon (Sec. 11, Art. VIII, 1987
Constitution).
i.
General Rule: A judge is not liable
administratively, civilly, or criminally when he
acts within his power and jurisdiction. j.
This frees the judge from apprehension of
personal consequences to himself and to k.
preserve the integrity and independence of the
judiciary. l.
Exception: The judge will be held liable upon m.
showing of serious misconduct, inefficiency,
gross and patent, or deliberate and malicious
error, or bad faith.
3. Grounds n. A judge who allows litigant to pay for
I. Administrative Liabilities
i. Serious misconduct – Implies malice or o. Allowing his bailiff’s son to store
wrongful intent, not a mere error of
judgment. For serious misconduct to exist, p. Allowing relatives to accept a business
there must be reliable evidence showing
that the judicial acts complained of were
corrupt or inspired by an intention to violate
the law or were in persistent disregard of q. Use of surrendered evidence, such as
well-known legal rules (In Re: Impeachment
of Judge Horrilleno, 43 Phil. 212, March 20,
1992; Galangi v. Macli-ing, Adm. Matter No. 75- r. Borrowing of court funds to pay for
DJ, January 17, 1978).
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Misappropriation of fiduciary funds
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(proceeds of cash bail bond) by
depositing the check in his personal
account, thus converting the trust fund
into his own use.
Extorting money from a part litigant who
has a case before his court.
Solicitation of donation for office
equipment.
Unlawful solicitation in violation of RA
6713.
Frequent unauthorized absences in
office.
Falsification of Certificate of Service to
collect salary.
Dictating Wednesdays as non-session
days, which the judge declared as his
“mid-week pause”.
Indefinite postponement for several
years of a criminal case pending in his
sala.
Judge poking his gun at another in a
restaurant while in a state of
intoxication.
Pistol-whipping the complainant on the
latter’s left face without any justification.
Using intemperate language
unbecoming of a judge.
A judge who accepts the free use of a
car for a year or utilizes free battery
charging services from the shop of a
litigant (Capuno vs. Jaramillo, 234 SCRA
212, July 20, 1994).
the freight of his personal acquisitions
(Agpalasin vs. Agcaoili, 330 SCRA 250, April
12, 2000).
attached property at his house (Ibid).
partnership offered by persons with
pending cases before his court (Dulay vs.
Lelina, A.M. No. RTJ-99-1516, July 14, 2005)
guns and ammunition for own
protection.
personal expenses.

a. Failure to deposit funds with the  Misconduct means intentional

municipal treasurer or to produce them wrongdoing or deliberate violation of a
despite his promise to do so. rule of law or a standard of behavior. To
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constitute an administrative offense,
misconduct should relate to or be
connected with the performance of the
official functions of a public officer. In
grave misconduct, as distinguished from
simple misconduct, the elements of
corruption, clear intent to violate the law
or flagrant disregard of an established
rule must be established (Re: Complaint
of Leonardo A. Velasco against
Associate Justices Francisco H. Villaruz,
Jr., et al. A.M. No. OCA IPI No. 10-25-
SB-J. January 15, 2013).
iii. Administrative Charges
ii. Inefficiency – Implies negligence,
incompetence, ignorance and carelessness.
A judge would be inexcusably negligent if he
failed to observe in the performance of his
duties that diligence, prudence, and
circumspection which the law requires in the
rendition of any public service (In Re:
Climaco, Adm. Case No. 134-J, January 21, 1974,
55 SCRA 107, 119).
a. Unduly granting repeated motions for
postponement of a case;
b. Unawareness of or unfamiliarity with the
application of Indeterminate Sentence
Law and the duration and graduation of
penalties;
c. Gross incompetence and gross ignorance
of the law;
d. Reducing to a ridiculous amount the bail
bond of the accused in a murder case
thus enabling him to escape the toils of
the law;
e. Imposing a penalty of subsidiary
imprisonment on a party for failure to
pay civil indemnity in violation of RA
5465;
f. Issuing a warrant of arrest in a case
which is clearly civil in nature;
g. Failure to dismiss a complaint which has
prescribed;
h. Oppression or unwarranted display of
authority;
i. Imposing the wrong penalty to the crime
charged and proven;
j. Failure to comply with the basic
prerequisites for the issuance of a search
warrant;
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k. Dismissing a criminal case based on the
principle of “in pari delicto” – a civil law
principle;
l. Including execution in the judgment
itself;
m. Granting an Ex-Parte Motion For
Execution in ejectment case without
notice to adverse party; and
n. Nonfeasance of Judges – No judge or
court, shall decline to render judgment
by reason, of the silence, obscurity or
inefficiency of the law (Art. 9, NCC).
Administrative charges, which may be filed
against a judge, may be classified as:
a) Serious charges;
i. Bribery, direct or indirect;
ii. Dishonesty and violations of the
Anti-Graft and Corrupt Practices Law
(R.A. No. 3019);
iii. Gross misconduct constituting
violations of the Code of Judicial
Conduct;
iv. Knowingly rendering an unjust
judgment or order as determined by
a competent court in an appropriate
proceeding;
v. Conviction of a crime involving
moral turpitude;
vi. Willful failure to pay a just debt;
vii. Borrowing money or property from
lawyers and litigants in a case
pending before the court;
viii. Immorality;
ix. Gross ignorance of the law or
procedure;
x. The error must be so gross and
patent as to produce an inference of
ignorance or bad faith or that the
judge knowingly rendered an unjust
decision. The error must be so
grave and so fundamental to a point
as to warrant a condemnation of the
judge as patently ignorant or
negligent (Bengzon v. Adaoag, A.M.
No. MTJ-95-1045, November 28, 1995).
When the legal principle involved is

sufficiently basic, lack of
conservance with it constitutes
gross ignorance of the law (Dipatuan
v. Judge Mangotara, A.M. No. RTJ-09-
2190, April 23, 2010)
xi. Partisan political activities; and
xii. Alcoholism and/or vicious habits
(Sec. 8, Rule 140, RRC).
b) Less serious charges; and
i. Undue delay in rendering a decision
or order, or in transmitting the
records of a case;
ii. Frequently and unjustified absences
without leave or habitual tardiness;
iii. Unauthorized practice of law;
iv. Violation of Supreme Court rules,
directives, and circulars
v. Receiving additional or double
compensation unless specifically
authorized by law;
vi. Untruthful statements in the
certificate of service; and
vii. Simple misconduct (Sec. 9, Rule 140,
RRC).
c) Light charges, (Sec. 7, Rule 140, RRC)
i. Vulgar and unbecoming conduct;
ii. Gambling in public;
iii. Fraternizing with lawyers and
litigants with pending case/cases in
his court; and
iv. Undue delay in the submission of
monthly reports (Sec. 10, Rule 140,
RRC).
 Administrative case cannot be immediately
filed in every offense committed by a judge.
Resort to and exhaustion of these judicial
remedies, as well as the entry taking of
other measures against the judge
concerned, whether civil, administrative, or
criminal in nature. It is only after the
available judicial remedies against the
rulings or acts performed in the exercise of
their judicial power have been exhausted
and the appellate tribunals have spoken
with finality, that the door to an inquiry into
their criminal, civil or administrative liability
may be said to have opened or closed
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(Flores v. Abesamis, A.M. No. SC-96-1, July
10, 1997).
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 To hold a judge administratively liable for
gross misconduct, gross ignorance of the
law or incompetence of official acts in the
exercise of judicial functions and duties, it
must be shown that his acts were
committed with fraud, dishonesty,
corruption, malice or ill will, bad faith or
deliberate intent to do an injustice (Andrada
v. Hon. Judge Banzon, A.M. MTJ-08-1720,
November 25, 2008).
 Absent such proof, the judge is presumed to
have acted in good faith in exercising his
judicial functions (Lacadin v. Judge
Mangino, A.M. MTJ-01-1346, July 9, 2003).
Note:
 The nature of adjudication by a judicial
magistrate as a function of sovereignty
invests the magistrate with a great
degree of immunity from
administrative and other liabilities
(Hernandez v. Judge Gella, et al., June 9,
2014).
 It is a general principle, abundantly
sustained by authority and reason, that no
civil action can be sustained against a
judicial officer for the recovery of
damages by one claiming to have been
injured by the officer’s judicial action
within his jurisdiction.
From the very nature of the case, the officer
is called upon by law to exercise his
judgment in the matter, and the law holds
his duty to the individual to be performed
when he has exercised it, however
erroneous or disastrous in its consequences
it may appear either to the party or to
others.
A number of reasons, any one of them
sufficient, have been advanced in support of
this rule. Thus, it is said of the judge: “His
doing justice as between particular
individuals, when they have a
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controversy before him, is not the end
and object which were in view when
his court is created, and he was
selected to preside over or sit in it.
Courts are created on public grounds;
they are to do justice as between suitors, to
the end that peace and order may prevail in
the political society, and that rights may be
protected and preserved. The duty is
public, and the end to be accomplished
is public; the individual advantage or
loss results from the proper and
thorough or improper and imperfect
performance of a duty for which his
controversy is only the occasion.
The judge performs his duty to the public by
doing justice between individuals, or if he
fails to do justice as between
individual, he may be called to account
by the State in such form and before
such tribunal as the law may have
provided.
But as duty neglected is not a duty to
the individual, civil redress, as for an
individual injury, is not admissible (Re:
Verified complaint for disbarment of AMA
LAND INC., (Represented by Joseph B.
Usita) against Court of Appeals Justices
Hon. Danton Q. Bueser, Hon. Sesinado E.
Villon and Hon. Ricardo G. Rosario, OCA IPI
12-204-CA-J, March 11, 2014).
 The filings of administrative complaints
do subvert and undermine the
independence of the Judiciary and its
judges. Thus, the Court does not
tolerate unwarranted
administrative charges brought
against sitting magistrates in
respect to their judicial actions,
(Hernandez v. Judge Gella, et al., A.M.
RTJ-13-2356, June 9, 2014).
iv. Automatic Conversion of Administrative
Cases against CA and Sandiganbayan
Justices and Lower Courts Judges
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 Administrative cases against CA and
Sandiganbayan justices and lower
courts judges where the charges
constitute misconduct for members
of the Bar, shall also considered as
disciplinary action against the justice
or judge. The respondent shall be
required to comment or show cause
why he should not be suspended,
disbarred, or sanctioned as a
member of the Bar (Re: Automatic
Conversion of some Administrative
Case against Justices of the CA and
Sandiganbayan, et al., A.M. No. 02-
9-02 SC, September 17, 2002).
II. Civil Liabilities
A judge who willfully or negligently renders a
decision causing damage to another, shall
indemnify the latter for the same ( Art. 20, Civil
Code). Also, a judge is civilly liable for damages
if, in refusing or neglecting to decide a case
without just cause, a person suffered material or
moral loss without prejudice to any
administrative action that may be taken against
him (Art. 27, Civil Code).
III. Criminal Liabilities
i. Knowingly Rendering Unjust Judgment
(Art. 204, RPC);
ii. Judgment Rendered Through
Negligence (Art. 205, RPC);
iii. Knowingly rendering an unjust
interlocutory order; and
iv. Maliciously delaying the administration
of justice
Note: During the pendency of disbarment
proceedings against a judge, the latter may not
retire service. The retirement of a judge or any
judicial officer from the service does not
preclude the finding of any administrative
liability to which he should still be answerable
(Atty. Molina v. Judge Paz, A.M. No. RTJ-01-
1638, December 8, 2003).
4. Sanctions Imposed by the Supreme
Court on erring members of the
Judiciary

If the respondent is guilty of a serious charge,
any of the following sanctions may be imposed:
a. Dismissal from the service, forfeiture of all or
part of the benefits as the Court may be
determine, and disqualification from
reinstatement or appointment to any public
office, including government-owned or
controlled corporations. Provided, however,
that the forfeiture of benefits shall in no case
include accrued leave credits;
b. Suspension from office without salary and
other benefits more than three (3) but not
exceeding six (6) months; or
c. A fine of more than P20, 000.00 but
exceeding P40, 000.00.
If the respondent is guilty of a less serious
charge, any of the following sanctions shall be
imposed:
a. Suspension from office without salary and
other benefits for not less than one (1) nor
more than three (3) months; or
b. A fine of more than P10, 000.00 but not
exceeding P20, 000.00.
If the respondent is guilty of a light charge. Any
of the following sanctions shall be imposed:
a. A fine of not less than P1, 000.00 but not
exceeding P10, 000.00 and/or
b. Censure;
c. Reprimand; and
d. Admonition with warning (Sec. 11, Rule 140).
Procedure for filing an administrative
complaint
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1. Complaint, in
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writing and duly sworn to is
filed with the Supreme Court (Sec. 1, Rule
140, RRC);
a. If the charge is with merit, a copy will
be served upon the respondent,
requiring him to answer within 10 days
from the date of service (Sec. 2, Ibid).
b. If not or the answer shows to the
satisfaction of the court that the charges
are not meritorious, it will be dismissed
which must followed by an answer
within 10 days from date of service.
2. Upon filing of respondent’s comment or
expiration of the period upon filing
comment, the SC either refers the matter to
the Office of the Court Administrator (OCA)
for evaluation;
3. Report, and recommendation, or assign a
Justice of the Court of Appeals (if
respondent is an RTC judge) or a judge of
the RTC (if the respondent is a judge of an
inferior court) to investigate and hear the
charges (Sec. 3, Ibid);
4. After hearings, the investigating justice or
judge submits a report or finding of fact,
conclusions of law and recommendations to
the Supreme Court (Sec. 5, Ibid);
5. The Supreme Court takes action as the facts
and the law may warrant (Sec. 6, Ibid); and
6. The proceedings shall be private and
confidential but a copy of the decision or
resolution of the Court.
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II. PRACTICAL EXERCISES

A. REMINDERS IN ANSWERING BAR QUESTIONS:

a. Use neutral identifiers, such as X or Y, or fictitious names like Juan dela Cruz. DO NOT USE
YOUR NAME.
b. Do not affix a signature for the counsel or any of the party. Instead, place the words “(Sgd.)”
before the name of the counsel or party.

B. PETITION FOR A NOTARIAL COMMISSION:

Content:

1. 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;
2. Certification of good moral character of the petitioner by at least two (2) executive officers of
the local chapter of the IBP where he is applying for commission;
3. Proof of payment for the filing of the petition as required by the Rules; and
4. Three passport-size color photographs with light background taken within 30 days of the
application. The photograph should not be retouched. The petitioner shall sign his name at
the bottom part of the photographs.

QUALIFICATIONS OF A NOTARIAL COMMISSION:

1. Must be a citizen of the Philippines;

2. Must be over 21 years of age;
3. Must be a resident of the Philippines for at least 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;
5. Court and the Integrated Bar of the Philippines; and
6. Must not have been convicted in the first instance of any crime involving moral turpitude.

C. JURAT and ACKNOWLEDGMENT:

Jurat – an act in which an individual on a single occasion:

a. Appears in person before the notary public and presents an instrument or document;
b. Is personally known to the notary public or identified by the notary public through competent
evidence of identity as defined by the 2004 Rules on Notarial Practice;
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. 6, Rule II, 2004 Rules on Notarial Practice)
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Notes:

 If the affiant is not known to the notary public personally, he must identify him through an
identification card or certificate bearing his photograph and signature, issued by an official
agency.
 If the affiant is known to the notary public, he should state in the jurat that he is known to
him personally and explain why
 If the affiant has no identification card with picture or is not known to the notary public, the
notary must identify the affiant through one or more disinterested third-party witnesses who
each personally knows the affiant and who shows to the notary public the documentary
identification.

Example:

SUBSCRIBED and sworn to before me this __(date)____ in _____(place)____, affiant after

exhibiting to me his/her __(valid government id)___, as competent evidence of his/her identity.

Notary Public

Commission Expires on _______

Commission No.______: (Place) (Date)
Roll No. ____;(Date)
IBP No. ____ (Place) (Date)
PTR No. ____ (Place) (Date)
MCLE No.____ (Place) (Date)
(Office Address)
(Contact Details – Phone number and/or
email address)

Doc. No. _____:

Page No. _____;
Book No. _____;
Series of ______.

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Acknowledgment – 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. Attested to be personally known to the notary public or identified by the notary public
through competent evidence of identity as defined by the 2004 Rules on Notarial Practice;
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 as his free
and voluntary act and deed, and, of he acts in a particular representative capacity, that he
has the OF
REPUBLIC authority to sign in )that capacity (Sec. 1, Rule II, 2004 Rules on Notarial Practice).
THE PHILIPPINES
CITY OF ___________________ ) S.S.

Example: Form No. 1. Acknowledgment (Simple Form)

BEFORE ME, this ____ day of ____, _____ in the City of _________, personally appeared:

Name Competent Evidence of Identity Place and Date of Issue

____________________ _________________________ ___________________
____________________ _________________________ ___________________

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

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the
date and place above written.

Notary Public

Commission Expires on _______

Commission No.______: (Place) (Date)
Roll No. ____;(Date)
IBP No. ____ (Place) (Date)
PTR No. ____ (Place) (Date)
MCLE No.____ (Place) (Date)
(Office Address)
(Contact Details – Phone number and/or email
address)
130 |CENTER FOR LEGAL EDUCATION AND RESEARCH

Doc. No. _____:

Page No. _____;
Book No. _____;
Series of ______.
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REPUBLIC OF THE PHILIPPINES )

CITY OF ___________________ ) S.S.

BEFORE ME, this ____ day of ____, _____ in the City of _________, personally appeared:

Name No. 2. Acknowledgment

Example: Form Competent Evidence of Consisting
of Instrument Identity Place
of Two or Moreand Date of Issue
Page
____________________ _________________________ ___________________
____________________ _________________________ ___________________

known to me to be the same person who executed the foregoing instrument, and acknowledged that the
same are their free act and deed.

This instrument, consisting of ___ pages, including the page on which this acknowledgement is
written, has been signed on the left margin of each and every page thereof by
_________________________ and _______________________ and their witnesses, and sealed with my
notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date
and place above written.

Notary Public

Commission Expires on _______

Commission No.______: (Place) (Date)
Roll No. ____;(Date)
IBP No. ____ (Place) (Date)
PTR No. ____ (Place) (Date)
MCLE No.____ (Place) (Date)
(Office Address)
(Contact Details – Phone number and/or email
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Doc. No. _____:

Page No. _____;
Book No. _____;
Series of ______.
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REPUBLIC OF THE PHILIPPINES )

CITY OF ___________________ ) S.S.

Example: Form No. 3. Acknowledgement by Corporation

BEFORE ME, this ____ day of ____, _____ in the City of _________, personally appeared:

Name Competent Evidence of Identity Place and Date of Issue

____________________ _________________________ ___________________
____________________ _________________________ ___________________

representing to be the President (or manager) of _______________________________, and known to me

to be the same person who executed the foregoing instrument for and in behalf of the said corporation, and
he acknowledged to me that the same is the corporate act and deed of
_______________________________, and that he is duly authorized to sign the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date and
place above written.

Notary Public

Commission Expires on _______

Commission No.______: (Place) (Date)
Roll No. ____;(Date)
IBP No. ____ (Place) (Date)
PTR No. ____ (Place) (Date)
MCLE No.____ (Place) (Date)
(Office Address)
(Contact Details – Phone number and/or email
132 |CENTER FOR LEGAL EDUCATION AND RESEARCH
address)

Doc. No. _____:

Page No. _____;
Book No. _____;
Series of ______.
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REPUBLIC OF THE PHILIPPINES )

CITY OF ___________________ ) S.S.

BEFORE ME, this ____ day of ____, _____ in the City of _________, personally appeared:

Name Competent Evidence of Identity Place and Date of Issue

____________________ _________________________ ___________________
____________________ _________________________ ___________________
Example: Form No. 4. Acknowledgement of Instrument Conveying Two or More Parcels of Land
known to me to be the same person who executed the foregoing instrument, and acknowledged that the
same are their free act and deed.

This instrument relates to the sale (or mortgage) of ______________ parcels of land, and
consists of ____ pages, including the page on which this acknowledgement is written, has been signed on
the left margin of each and every page thereof by _________________________________ and
__________________________ and their witnesses, and sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date
and place above written.

Notary Public

Commission Expires on _______

Commission No.______: (Place) (Date)
Roll No. ____;(Date)
IBP No. ____ (Place) (Date)
PTR No. ____ (Place) (Date)
MCLE No.____ (Place) (Date)
(Office Address)
(Contact Details – Phone number and/or email
address) 133
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Doc. No. _____:
Page No. _____;
Book No. _____;
Series of ______.
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Notes:

S.S. – abbreviation for “Scilicet”, which means “to wit, namely.” It is the statement of the venue.
Even without the letters S.S., the document is still valid.

Competent Evidence of Identity – identification of an individual based on:

1. At least one current identification document issued by an official agency bearing the
photograph and signature of the individual, such as, but not limited to, passport, driver’s
license, Professional Regulations Commission ID, National Bureau of Investigation clearance,
police clearance, postal ID, voter’s ID, Barangay certification, Government Service and Insurance
System (GSIS) e-card, Social Security System (SSS) card, Philhealth card, senior citizen card,
Overseas Workers Welfare Administration (OWWA) ID< OFW ID, seaman’s book, alien certificate
of registration/immigrant certificate of registration, government office ID, certification from the
National Council for the Welfare of Disable Persons (NCWDP), Department of Social Welfare and
Development (DSWD) certification; or

2. 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. (Section 12, A.M. No. 02-8-13-SC).

Jurat vs. Acknowledgment

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JURAT S
ACKNOWLEDGMENT

Act of one who hasCOMMISSIONS

executed a deed, in
Part of an affidavit where the officer certifies
going before some competent officer or
that the same was sworn before him
court and declaring it to be his act or deed
Definition
Accompanies any notarized document that is
Accompanies any notarized document that
declaratory in nature
transmits rights or properties

Affidavits

Certifications
To authenticate an agreement between two
Judicial Affidavit
or more persons
Where Used Complaint
Where a document pertains to a disposition
of of property or transfer of rights (Contract
Information
of Sale, Special Power of Authority)
Whenever the affiant makes a statement of
facts or attests to the truth of an event under
oath

To authorize the deed to be given in

evidence without further proof of its
Purpose Gives the document legal character execution

To entitle it to be recorded

D. AFFIDAVITS:

Example 1:

REPUBLIC OF THE PHILIPPINES )

CITY OF __________________ ) S.S.

AFFIDAVIT OF LOSS

I, _______________________________, of legal age, Filipino, with address at

__________________________, after having been sworn according to law, depose and state that:

1. I am the owner of Driver’s License No. ___________, issued on______ at __________;

2. On or about _______ __(state the reason for the loss of the identification card)________;
3. I could not locate the same, and that diligent search for it proved to be futile;
4. That the identification card was not confiscated by traffic enforcement officers due to any traffic
violations; and
5. This affidavit is executed to attest to the truth of the above and for the issuance of a new driver’s
license.

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IN WITNESS WHEREOF, I have hereunto affixed my signature this ____ day of ______________ at Quezon
City.

Affiant

[JURAT]

Example 2:

REPUBLIC OF THE PHILIPPINES )

CITY OF___________________ ) S.S.

AFFIDAVIT OF CHANGE OF NAME

I, __________________________, of legal age, Filipino citizen, married to

____________________________and residents of _______________________________, after having been
duly sworn to in accordance with law, depose and state THAT:

1. My name is ____________________ as stated and registered in my birth certificate issued by office of

the Civil Registry of ______________________. A copy of my birth certificate is hereto attached as
ANNEX “A”;

136 |CENTER FOR LEGAL EDUCATION AND RESEARCH

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NOTES
2. The name ___________________also appears in my passport which was S issued based on the data
appearing in my birth certificate. A copy of the page of my passport where my name and picture
appears is hereto attached as ANNEX “B”; COMMISSIONS
3. Since childhood, my friends and acquaintances call me ________and thus since then I have been
accustomed to using the name ____________________in my personal records, transactions and
communications;
4. The name ____________________ and _____________________ refer to one and the same person,
the herein Affiant;
5. I am executing this Affidavit to attest to the truth of the foregoing facts and to use the same for
whatever legal purpose it may serve.

IN WITNESS WHEREOF, we have hereunto set our hands this ___________________ in _______________,
Philippines.

Affiant

[JURAT]

E. SIMPLE CONTRACTS:

Example 1:

CONTRACT OF LEASE

KNOWN ALL MEN BY THESE PRESENTS:

This CONTRACT, made and entered into by and between:

____________________, of legal age, Filipino, married, with residence and postal address at No. ___
________________, and hereinafter referred to as the LESSOR;

- and –

____________________, of legal age, Filipino, married, with residence and postal address at
____________________ and hereinafter referred to as the LESSEE;
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WITNESSETH

That, the LESSOR sub-leases a certain office table and space or portion of an office of an office space,
otherwise known as ____________________________________, in favor of the LESSEE, for office use and/or
purposes only, within a period of one (1) year, commencing on ____(date)____, for and in consideration of the
monthly rental in the amount of __________________________ (Php ___________) Pesos, Philippine Currency;

That, the said monthly rental shall be paid on or before the 5th day of each month, beginning
____________; and, upon signing and execution of this contract, the LESSEE shall satisfactorily pay unto and in
favor of the LESSOR the sum equivalent to _______ months rental, as deposit, and the aforesaid provided
monthly rental;

That, it is further agreed that the said deposit may only be applied and/or used for the remaining
_________ months of this lease contract; and, as the case may be, this contract may be renewed upon and by
the mutual consent of the parties whereof;

DONE, on this ___ day of _________, 2017, at __________ City.

LESSOR : ________________ LESSEE: ________________

Signed in the Presence of:

_____________________________ _____________________________

[A C K N O W L E D G M E N T]

Example 2: DEED OF SALE OF REGISTERED LAND

DEED OF SALE

This Deed of Sale is made and entered into by and between:

(name of seller/s and personal circumstances), herein referred to as “SELLER”,

-and-

(name of buyer/s and personal circumstances), hereinafter referred to as “BUYER”.

WITNESSETH THAT:

WHEREAS, the SELLER is the absolute owner and title holder of a parcel of land located at (address of the
property), particularly described in TCT No. ________ as follows:

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(Description of the property) S
WHEREAS, the SELLER hereby warrants his valid title to and peaceful possession COMMISSIONS
of the property herein sold
and conveyed and further declare that the same is free and clear of all liens and encumbrances of any kind
whatsoever;

WHEREAS, the SELLER, is willing to sell, transfer and convey the abovementioned lot with improvements
thereon to the BUYER, free from any liens and encumbrances, and the latter has accepted the offer;

WHEREAS, the Parties mutually agree that the BUYER shall bear all the expenses for the execution and
registration of this Deed of Sale (or state any other stipulations/agreements between the parties);

NOW THEREFORE, for and in consideration of the total sum of (purchase price in words) (Phpxxx,xxx.xx)
Philippine Currency, the receipt of which is hereby acknowledged in full sum from the BUYER, the SELLER
hereby SELLS, TRANSFERS, CONVEYS and DELIVERS, by way of ABSOLUTE SALE, unto said BUYER the
property above described with all the improvements existing thereon.

IN WITNESS WHEREOF, the parties hereto have hereunto affixed their signatures, this __________________ at
_____________.

_______________________ _________________________
(Name of Seller) (Name of seller’s spouse)
Seller Marital Consent (if necessary)

_______________________
(Name of Buyer)
Buyer

SIGNED IN THE PRESENCE OF:

_______________________________ ______________________________

[A C K N O W L E D G M E N T]

Example 3: SALE OF PERSONAL PROPERTY

DEED OF SALE

This Deed of Sale is made and entered into by and between:

(name of seller/s and personal circumstances), herein referred to as “SELLER”,

-and-

(name of buyer/s and personal circumstances), hereinafter referred to as “BUYER”.

WITNESSETH THAT:

WHEREAS, the SELLER is the absolute and registered owner of a motor vehicle particularly described in TCT
No. ________ as follows:

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Make and Type : ___________
2018

Vehicle Number : ___________

Serial/Chassis No. : ___________

Plate No. : ___________

MV FILE NO. : ___________

COLOR : ___________

WHEREAS, the SELLER hereby warrants his valid title to the property herein sold and conveyed and further
declare that the same is free and clear of all liens and encumbrances of any kind whatsoever;

WHEREAS, the SELLER, is willing to sell, transfer and convey the subject property to the BUYER, free
from any liens and encumbrances, and the latter has accepted the offer;

WHEREAS, the Parties mutually agree that (state any other stipulations/agreements between the parties);

NOW THEREFORE, for and in consideration of the total sum of (purchase price in words) (Phpxxx,xxx.xx)
Philippine Currency, the receipt of which is hereby acknowledged in full sum from the BUYER, the SELLER
hereby SELLS, TRANSFERS, CONVEYS and DELIVERS, by way of ABSOLUTE SALE, unto said BUYER the
above-described property.

IN WITNESS WHEREOF, the parties hereto have hereunto affixed their signatures, this
__________________ at _____________.

_______________________ _________________________
(Name of Seller) (Name of seller’s spouse)
Seller Marital Consent (if necessary)

_______________________
(Name of Buyer)
Buyer

SIGNED IN THE PRESENCE OF:

_______________________________ ______________________________

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[A C K N O W L E D G M E N T] S
F. SPECIAL POWER OF ATTORNEY: COMMISSIONS
Power of attorney – an instrument in writing by which one person, as principal, appoints another
as his agent and confers upon him the authority to perform certain specified acts or kinds of acts on
behalf of the principal

Primary purpose – not to define the authority of the agent as between himself and his principal but
to evidence the authority of the agent to third parties within whom the agent deals

Article 1874 of the Civil Code – When a sale of a piece of land or any interest therein is
through an agent, the authority of the latter shall be in writing, otherwise, the sale shall be void.

Notes:
1. An agency to purchase need not be in writing
2. The written authorization need not contain a particular description of the property which the
agent is permitted to sell.
3. A Power of Attorney is valid although no notary public

Example:

REPUBLIC OF THE PHILIPPINES )

CITY _______________ ) S.S.

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, (personal circumstances), after having been duly sworn to in accordance with law, depose and state that we
hereby APPOINT, NAME AND CONSTITUTE (name of attorney-in-fact and personal circumstances) as our
true and legal representative to act for and in our name and stead and to perform the following acts:

(Enumerate the powers given to the attorney-in-fact) (TCT number if necessary):

(Description of the property, if necessary)

WE HEREBY GIVE AND GRANT unto our representative full power and authority to execute and perform every
act necessary to render effective the power (describe with particularity the power given), as though we
ourselves, have so personally performed them, and HEREBY RATIFY AND CONFIRM ALL that he may do or did
by virtue hereof with full right of substitution of his person and revocation of this instrument.

This Special Power of Attorney remains effective _________________.

IN WITNESS WHEREOF, we have hereunto signed this instrument at Paranaque City, Philippines, this _______
day of ______________, ___________.

_________________________
(Name)
Principal
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Conforme:

__________________________
(Name)
Attorney-in-fact

SIGNED IN THE PRESENCE OF:

__________________________ ____________________________

[A C K N O W L E D G M E N T]

G. QUITCLAIMS IN LABOR CASES - Valid contracts under Philippine laws except when a worker
agrees to receive less compensation than what he is entitled to recover. It is well-settled that a deed
of release or quitclaim cannot prevent an employee from demanding benefits to which he is legally
entitled.

Example:

Republic of the Philippines

DEPARTMENT OF LABOR AND EMPLOYMENT
Regional Office No. ___
___________ City, _________

________________________
Complainant/s CASE NO. ______________________

- versus -

________________________
Respondent/s

QUITCLAIM AND RELEASE

Complainant, respectfully manifests that:

For in consideration of the sum of ________________________________________P ____________) in

settlement of my / our claim; as financial assistance and / or gratuitously given by my / our employer, receipt of
which is hereby acknowledge to my / our complete and full satisfaction. I / we hereby release and discharge the
_______________________ and / or its officer, from any and all by way of unpaid wages, separation pay, overtime

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S with said establishment.
pay, differential pay or otherwise as may be due me/us incident to my/our past employment
I/We hereby state further that I/We have no more claim or cause of action of whatever nature whether past, present
or contingent against the said ____________________ and/or its officer. COMMISSIONS

In view hereof, I/We hereby move for dismissal of the above entitle case and further request that the same
dropped from the business calendar of this office.

IN WITNESS WHEREOF, I/We hereunto set my/our hand/s this _________day of ____ at ________.

________________________
Complainant/s

WITNESSES:

______________________________ __________________________

[JURAT]

H. PROMISSORY NOTE - According to the Negotiable Instruments Law, a promissory note, to be

negotiated, must comply with the following:

a. must be in writing and signed by the maker;

b. must contain an unconditional promise to pay a sum certain in money;
c. must be payable to order or bearer; and
d. must be payable on demand or at a fixed or determinable future time.

Example:

(Date and Place of Execution)

(Amount of Note)

_____________ months (or days) after date, I, (name of the Maker) promise to pay, for value received, to (name of
Payee) or order the sum of _______________ PESOS, Philippine Currency.

________________________
Sgd.
MAKER
-----------------------------------------------------------------------------------------------------------

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*TRADE ACCEPTANCE*
(Date and Place of Execution)
(Amount of Note)

_____________ months (or days) after date, pay to the order of OURSELVES the sum of (amount in words)
PESOS (Php _______), Philippine Currency, payable at ______________.

SIGNATURE OF DRAWER

To: NAME OF DRAWEE

ACCEPTED at _______________ on ______________

SIGNATURE OF DRAWEE-ACCEPTOR

I. VERIFICATION and CERTIFICATE OF NON-FORUM SHOPPING:

Verification – a sworn statement of the affiant that he has read the pleading and that the allegations therein
are true and correct of his personal knowledge or based on authentic records

Section 4, Rule 7, Rule of Court:

Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or
accompanied by affidavit.

A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are
true and correct of his personal knowledge or based on authentic records.

A pleading required to be verified which contains a verification based on "information and belief, or upon
"knowledge, information and belief," or lacks a proper verification, shall be treated as an unsigned pleading.

Notes:
1. A pleading required to be verified but lacks the proper verification shall be treated as an unsigned pleading.
It produces no legal effect. However, in Vda. De Formoso vs. Philippine National Bank, G.R. No. 154704
June 1, 2011, the Court declared that non-compliance with the requirement of verification or a defect
therein does not necessarily render the pleading fatally defective. The Court may order its submission or
correction or act on the pleading if the attending circumstances are such that strict compliance with the Rule
may be dispensed with in order that the ends of justice may be served thereby.

2. In Pampanga Sugar Development Company, Inc. vs. NLRC, 272 SCRA 737, the Supreme Court stated that
the absence of a verification may be corrected by requiring an oath.

3. A verification is not proper when the verification does not comply with the requirement of the rule.

When verification is required:

1. Civil complaints or initiatory pleadings asserting claims for relief (including permissive counter-claims) (Sec.
5, Rule 7, Rules of Civil Procedure)
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2. Statement of Claim for Small Claims Cases, as well as the Response thereto S
(Sections 5 & 11, Rules of
Procedure for Small Claims Cases)
COMMISSIONS
3. Complaint for injunction (Sec. 4, Rule 58, Rules of Civil Procedure)

4. Application for appointment of receiver (Sec. 1, Rule 59, Rules of Civil Procedure)

5. Application for support pendente lite (Sec. 1, Rule 69, Rules of Civil Procedure)

6. Petition for forcible entry or unlawful detainer, the answers thereto, and the answers to any compulsory
counter-claim and cross-claim pleaded in the answer (Sec. 4, Rule 70, Rules of Civil Procedure)

7. Petition for indirect contempt (Sec. 4, Rule 71, Rules of Civil Procedure)

8. Petition for relief from judgment or order (Sec. 3, Rule 38, Rules of Civil Procedure)

9. Petition for Review from the RTC to the Supreme Court (Sec. 2[c], Rule 41, Rules of Civil Procedure)

10. Petition for Review from RTC to Court of Appeals (Sec. 1, Rule 42, Rules of Civil Procedure)

11. Petition for Review under Rule 43, from CTA and other quasi-judicial agencies to Court of Appeals (Sec. 5,
Rule 43, Rules of Civil Procedure)

12. Appeal by certiorari under Rule 45, from Court of Appeals to Supreme Court (Sec. 1, Rule 45, Rules of Civil
Procedure)

13. Petition for certiorari (special civil action) under Rule 64 (Sec. 2, Rule 64, Rules of Civil Procedure)

14. Petition for certiorari (special civil action) under Rule 65 (Sec. 1, Rule 65, Rules of Civil Procedure)

15. Petition for prohibition under Rule 65 (Sec. 2, Rule 65, Rules of Civil Procedure)

16. Petition for Mandamus under Rule 65 (Sec. 3, Rule 65, Rules of Civil Procedure)

17. Petition for appointment of guardian (Sec. 2, Rule 93, Rules of Court)

18. Petition for leave filed by guardian to sell or encumber property of an estate (Sec. 1, Rule 95, Rules of
Court)

19. Petition for declaration of competency of a ward (Sec. 1, Rule 97, Rules of Court)

20. Petition for habeas corpus (Sec. 3, Rule 102, Rules of Court)

21. Petition for change of name (Sec. 2, Rule 103, Rules of Court)

22. Petition for voluntary judicial dissolution of a corporation (Sec. 1, Rule 105, Rules of Court; see also Sec.
119, Corporation Code)

23. Petition for cancellation or correction of entries in the civil registry under Rule 108 (Sec. 1, Rule 108, Rules
of Court)

24. Petition for correction of a clerical or typographical error in an entry and/or change of first name or
nickname in the civil register filed with the civil register office pursuant to Republic Act No. 9048 (Sec. 3,
Rep. Act No. 9048)

25. Petition for adoption (Sec. 7, Rule of Adoption)

26. Petition for legal separation (Sec. 2(b)(3), Rule on Legal Separation)

27. Petition for declaration of absolute nullity of void marriages and annulment of voidable marriages (Sec. 5,
Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages)

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28. Petitions in summary judicial proceedings in the family law based on Articles 41, 51, 69, 73, 96, 124,127,
223, 225, 235 & 239 of the Family Code (Arts. 239, 249 & 253, Family Code)

29. Complaints filed under the Interim Rules of Procedure on Intra-Corporate Controversies, as well as the
Answer thereto. (Sec. 3, Rule 2, Interim Rules of Procedure on Intra-Corporate Controversies)

30. All pleadings, motions, oppositions, defenses or claims filed by any interested party in any proceeding
governed by the Rules of Procedure on Corporate Rehabilitation (2008) (Sec. 1, Rule 3, Rules of Procedure
on Corporate Rehabilitation)

31. Complaints filed with the Court of Tax Appeals (Sec. 1, Rule 6, Revised Rules of Procedure of the Court of
Tax Appeals)

32. Petitions for Review filed with the CTA (Sec. 2, Rule 6, Revised Rules of Procedure of the Court of Tax
Appeals)

33. All complaints, compulsory counterclaims and cross-claims’ pleaded in the answer, and the answers thereto,
filed under summary procedure in the Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the
Municipal Trial Courts, and the Municipal Circuit Trial Courts. (Sec. 3, Rule 2, Revised Rules on Summary
Procedure)

34. Petition for review, as well as the comment thereto, filed with the Secretary of the Department of Justice,
appealing from resolutions of Chief State Prosecutors, Regional State Prosecutors, and Provincial/City
prosecutors in cases subject of preliminary investigation/reinvestigation. (Secs. 4 & 8, 2000 NPS Rule on
Appeal)

35. Application of an issuance for a writ of search and seizure in civil actions for infringement of intellectual
property rights (Sec. 4, Rule on Search and Seizure in Civil Actions for Infringement of IP Rights)

36. A petition for the issuance of a writ of amparo and the return thereof; and in connection with the amparo
proceedings, motion for an inspection order or for a production order (The Rule on the Writ of Amparo)

37. A petition for the issuance of a writ of habeas data and the return thereof. (The Rule on the Writ of Habeas
Data)

38. Election protests or petitions for quo warranto relating to elective municipal and barangay officials filed with
the general courts; as well as the answers thereto (Sec. 7, Rule 3 & Sec. 1, Rule 4, Rules of Procedure in
Election Contests Before the Courts Involving Elective Municipal and Barangay Officials)

39. The following pleadings filed before the Commission on Elections, as well as the answers thereto: protests
or petitions in ordinary actions, special actions, special cases, special reliefs, provisional remedies, special
proceedings, counter-protests, counter-petitions, interventions, motions for reconsiderations, appeals from
rulings of board of canvassers. (Sec. 3(b), Rule 7, COMELEC Rules of Procedure)

40. Complaints filed with the Regional Office of the Housing and Land Use Regulatory Board (Sec. 1, Rule III,
1996 Revised Rules of Procedure of the HLURB, as amended)

41. Petitions for Review filed with the Regional Officer of the HLURB (Sec. 1, Rule XII, 1996 Revised Rules of
Procedure of the HLURB)

42. Applications for new services, complaints, petitions, oppositions and answers filed with the Land
Transportation Franchising and Regulatory Board (Sec. 2, Rule 3, Rules of Practice and Procedure Before
the LTFRB)

43. Complaints filed in administrative cases filed with the Insurance Commission. (Sec. 4, Rule I, Rules of
Procedure Governing Administrative Cases Before the Insurance Commission)

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44. S
Complaints filed with Insurance Commission seeking relief from insurance companies or mutual benefit
associations. (Sec. 1, Rule 3, Rules of Procedure Governing Hearings Before the Insurance Commission)
COMMISSIONS
45. Position Papers filed before Labor Arbiters (Sec. 7, Rule V, 2005 Rules of Procedure of the National Labor
Relations Commission)

46. Complaints and petitions filed with the Securities and Exchange Commission in the exercise of its
adjudicative functions, as well as the answers thereto (Sec. 3-3, Rule III, Revised Rules of Procedure 2000
of the Securities and Exchange Commission)

Example:

REPUBLIC OF THE PHILIPPINES)

City of ___________________ ) S.S.

VERIFICATION

I, (Name of Affiant), Filipino, of legal age, and residing at (Address), after having been sworn in accordance
with law, depose and state that:

1. I am the petitioner (Respondent/Plaintiff/Defendant) in the above-entitled case and have caused the
preparation of the foregoing petition (complaint/pleading);

2. I have read and understood the allegations therein and the same are true and correct of my own personal
knowledge and/or based on authentic records; and

3. I attest to the authenticity of the annexes hereof.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of _________, __________ at (Place
of Execution), Philippines.

(NAME OF AFFIANT)
AFFIANT

[JURAT]

Certificate of Non-Forum Shopping – a sworn statement in which the plaintiff or principal party certifies in a
complaint or initiatory pleading to the following matters:

1. That he has not commenced any action or filed any claim involving the same issues in any court or filed any
claim involving the same issues in any court, tribunal, or quasi-judicial agency and, to the best of his
knowledge, no such other action or claim is pending therein;

2. That if there is such other pending action or claim, a complete statement of the present status thereof; and

3. That if he should therefore learn that the same or similar action or claim has been filed or is pending, he
shall report that fact within five (5) days therefrom to the court wherein his aforesaid complaint or initiatory
pleading has been filed.

Example:

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REPUBLIC OF THE PHILIPPINES)
City of ___________________ ) S.S.

CERTIFICATION OF NON-FORUM SHOPPING

I, (Name of Affiant), Filipino, of legal age, and residing at (Address), after having been sworn in accordance
with law, depose and state that:

1. I am the petitioner (Respondent/Plaintiff/Defendant) in the above-entitled case and have caused the
preparation of the foregoing petition (complaint/pleading);

2. I have not commenced any action or filed any claim involving the same issues in any court, tribunal or
quasi-judicial agency and , to the best of my knowledge, no such other action or claim is pending therein;

3. If there is such other pending action or claim, I will furnish this Honorable Court with a complete statement
of the present status thereof; and

4. If I should thereafter learn that the same or similar action or claim has been filed or is pending, I shall
report that fact within five (5) days therefrom to this Honorable Court wherein my aforesaid petition
(complaint/pleading) has been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of _________, ___________ at (Place
of Execution), Philippines.

(NAME OF AFFIANT)
AFFIANT

[JURAT]

Example - Certification incorporated with Verification

REPUBLIC OF THE PHILIPPINES)

City of ___________________ ) S.S.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, (Name of Affiant), Filipino, of legal age, and residing at (Address), after having been sworn in accordance
with law, depose and state that:

1. I am the petitioner (Respondent/Plaintiff/Defendant) in the above-entitled case and have caused the
preparation of the foregoing petition (complaint/pleading);

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2. S of my own personal
I have read and understood the allegations therein and the same are true and correct
knowledge and/or based on authentic records;
COMMISSIONS
3. I attest to the authenticity of the annexes hereof;

4. I have not commenced any action or filed any claim involving the same issues in any court, tribunal or
quasi-judicial agency and , to the best of my knowledge, no such other action or claim is pending therein;

5. If there is such other pending action or claim, I will furnish this Honorable Court with a complete statement
of the present status thereof; and

6. If I should thereafter learn that the same or similar action or claim has been filed or is pending, I shall
report that fact within five (5) days therefrom to this Honorable Court wherein my aforesaid petition
(complaint/pleading) has been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of _________, 2017 at (Place of Execution),
Philippines.

(NAME OF AFFIANT)
AFFIANT

[JURAT]

------------------------------------------------------------------------------------------------------------------------

J. INFORMATION and COMPLAINT:

Complaint – a sworn written statement charging a person with an offense, subscribed by the offended party,
any peace officer, or other public officer charged with the enforcement of the law violated (Section 3, Rule 110,
Rules of Court)

Information – an accusation in writing charging a person with an offense, subscribed by the prosecutor and
filed with the court (Section 4, Rule 110, Rules of Court)

Contents of Complaint/Information:
1. Must be in writing, in the name of the People of the Philippines and against all persons who appear to be
responsible for the offense involved. (Section 2, Rule 110, Rules of Court)

2. Accused – State the name and surname of the accused or any appellation or nickname by which he has
been or is known; If his name cannot be ascertained, he must be described under a fictitious name with a
statement that his true name is unknown (Section 7, Rule 110, Rules of Court)

3. Offense charged – State the designation of the offense given by the statute, aver the acts or omissions
constituting the offense, and specify its qualifying and aggravating circumstances; If there is no designation
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of the offense, reference shall be made to the section or subsection of the statute punishing it (Section 8,
Rule 110, Rules of Court)

4. State the acts or omissions complained of as constituting the offense and the qualifying and aggravating
circumstances in ordinary and concise language and not necessarily in the language used in the statute but
in terms sufficient to enable a person of common understanding to know what offense is being charged
(Section 9, Rule 110, Rules of Court)

5. Place of commission – State that offense was committed or some of the essential ingredients occurred at
some place within the jurisdiction of the court, unless the particular place where it was committed
constitutes an essential element of the offense or is necessary for its identification (Section 10, Rule 110,
Rules of Court)

6. Date of commission – Not necessary to state in the complaint or information the precise date the offense
was committed except when it is a material ingredient of the offense (Section 11, Rule 110, Rules of Court)

7. Name of the offended party - state the name and surname of the person against whom or against whose
property the offense was committed, or any appellation or nickname by which such person has been or is
known. If there is no better way of identifying him, he must be described under a fictitious name. (Section
12, Rule 110, Rules of Court)

a. In offenses against property, if the name of the offended party is unknown, the property must be
described with such particularity as to properly identify the offense charged.
b. If the true name of the of the person against whom or against whose properly the offense was
committed is thereafter disclosed or ascertained, the court must cause the true name to be inserted in
the complaint or information and the record.
c. If the offended party is a juridical person, it is sufficient to state its name, or any name or designation
by which it is known or by which it may be identified, without need of averring that it is a juridical
person or that it is organized in accordance with law.

8. A Complaint shall state the address of the respondent, accompanied by the affidavits of the complainant
and his witnesses, as well as other supporting documents
a. Subscribed and sworn to before any prosecutor or government official authorized to administer oath, or
in their absence or unavailability, before a notary public, each of who must certify that he personally
examined the affiants and that he is satisfied that they voluntarily executed and understood their
affidavits

9. An Information:
a. Need not be placed under oath by the prosecutor signing the same, but must certify under oath that
(1) he has examined the complainant and his witness/es; (2) there is reasonable ground to believe that
a crime has been committed and that the accused is probably guilty thereof; (3) the accused was
informed of the complaint and of the evidence submitted against him; and (4) the accused was given
an opportunity to submit controverting evidence

b. Contents of the Caption:

1. Name of the plaintiff (People of the Philippines)
2. The complete names and addresses of all the accused; and age, if minor

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S and provision violated)
3. The offense charged (the denomination of the offense and the specific law

Example – Preliminary Investigation was conducted COMMISSIONS

Republic of the Philippines

_____________ TRIAL COURT
_______________ Judicial Region
Branch _________
_______________ City

PEOPLE OF THE PHILIPPINES,

Plaintiff, CRIM. CASE NO. ____________________
-Versus- For: _________________________
________________________
Accused.

x-----------------------------------------------------------------------------------------------------------------x

INFORMATION

The undersigned Associate Prosecution Attorney accuses (name of accused) of the crime of
_______________________________, defined and penalized under ________________________________ of
the __________________________, committed as follows:

That on or about (time of commission) in the (place of commission), and within the jurisdiction of
the Honorable Court, accused (name of accused) (state the circumstances). The accused did then
and there wilfully, unlawfully, and feloniously (state acts or omission constituting the crime).

Contrary to law.

Cagayan de Oro City, July 19, 2010

(name of prosecutor)
Associate Prosecution
Attorney II

Approved:

(Name of City Prosecutor)

City Prosecutor

BAIL RECOMMENDED: PHP ____________________

WITNESS/ES:
1. (name of witness) – (address of the witness)
2. (name of witness) – (address of the witness)

CERTIFICATION
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This is to certify that as shown by the records of this case, the undersigned, an authorized officer,
conducted a preliminary investigation in this case; that there is a reasonable ground to believe that a crime has
been committed and that the accused is probably guilty thereof; that the accused was informed of the complaint
and of the evidence submitted against her and was given an opportunity to submit controverting evidence.

(Name of Prosecutor)
Associate Prosecution
Attorney II

SUBSCRIBED AND SWORN to before me this ________________ in the City of _____________, Philippines.

(Name of City Prosecutor)

City Prosecutor

Example – Inquest proceeding was conducted

Note: The same format as above, except for the content of the Certification:

CERTIFICATION

This is to certify that the foregoing Information is filed pursuant to Rules of Criminal Procedure, the accused
not having opted to avail himself of his right to preliminary investigation and not having executed a waiver
pursuant to the Revised Penal Code. This further certifies that this Information is being filed with the prior
authority of the City Prosecutor.

(name of prosecutor)
Associate Prosecution
Attorney II

K. JUDICIAL AFFIDAVIT:

Contents: (Sections 3 and 4, A.M. No. 12-8-8-SC)

1. The name, age, residence or business address, and occupation of the witness
2. The name and address of the lawyer who conducts or supervises the examination of the witness and
the place where the examination is being held
3. A statement that the witness is answering the questions asked of him, fully conscious that he does so
under oath, and that he may face criminal liability for false testimony or perjury
4. Questions asked of the witness and his corresponding answers, consecutively numbered, that:
a. Show the circumstances under which the witness acquired the facts upon which he testifies;
b. Elicit from him those facts which are relevant to the issues that the case presents; and
c. Identify the attached documentary and object evidence and establish their authenticity in
accordance with the Rules of Court
5. The signature of the witness over his printed name; and
6. A jurat with the signature of the notary public who administers the oath or an officer who is authorized
by law to administer the same.
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7. S
Sworn attestation executed by the lawyer who conducted or supervised the examination of the witness
that:
a. He faithfully recorded or caused to be recorded the questions he askedCOMMISSIONS
and the corresponding
answers that the witness gave; and
b. Neither he or any other person then present or assisting him coached the witness regarding the
latter’s answers.

Example:

[CAPTION]

JUDICIAL AFFIDAVIT
(of __________________)

PRELIMINARY STATEMENT

I, ____________________________, _______ years old, born on __________, (single/married) employed

as _______________ at _____________________, after having been duly sworn to in accordance with law,
hereby depose and state that:

1. The person examining me is Atty. ___________________ with address at ___________________;

2. The examination is being held at the same address; and
3. I am answering his questions fully conscious that I do so under oath and may face criminal liability for
false testimony and perjury.

OFFER OF TESTIMONY

The testimony of the witness, (name of the witness), is being offered to prove that:

1. ________________________________
2. ________________________________
3. ________________________________

EXAMINATION OF THE WITNESS

1. Q : _____________________________________
A : _____________________________________

2. Q : _____________________________________
A : _____________________________________

3. Q : _____________________________________
A : _____________________________________

4. Q : _____________________________________
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A : _____________________________________
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IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of ___________ ____________
at ___________.

___________________
Affiant

[JURAT]

I, ___________________, of legal age, Filipino, with postal address ______________________ after being
duly sworn depose and say:

1. I was the one who conducted the examination of witness ___________________ at my

aforementioned office in ___________________;

2. I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer
that the witness gave; and

3. I nor any other person then present or assisting her coached the witness regarding her answers.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ____ _______________ at
___________.

ATTY. __________________
Affiant

[JURAT]

Copy furnished:
(Counsel of Other Party/ies)
(Office Address)

L. MOTION and PLEADING:

Pleadings - written statements of the respective claims and defenses of the parties submitted to the court for
appropriate judgment (Section 1, Rule 6, Rules of Court)
- complaint, counterclaim, cross-claim, third (fourth, etc.)-party complaint, or complaint-in-intervention

Motion – an application for relief other than by a pleading

- must be in writing except those made in open court or in the course of a hearing or trial

Parts of a Pleading: (Rule 7, Rules of Court)

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1. S
Caption – name of the court, the title of the action, and the docket number if assigned.
a. Title of the action – indicates the names of the parties
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2. Body – sets fourth its designation, the allegations of the party's claims or defenses, the relief prayed for,
and the date of the pleading
a. Paragraphs – The allegations in the body of a pleading shall be divided into paragraphs so numbered to
be readily identified, each of which shall contain a statement of a single set of circumstances so far as
that can be done with convenience. A paragraph may be referred to by its number in all succeeding
pleadings.
b. Headings – When two or more causes of action are joined the statement of the first shall be prefaced
by the words "first cause of action,'' of the second by "second cause of action", and so on for the
others.
c. Relief – Specify the relief sought, but it may add a general prayer for such further or other relief as may
be deemed just or equitable
d. Date

3. Signature and address – The signature of counsel constitutes a certificate 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; and
that it is not interposed for delay.

4. Verification, if necessary

5. Certificate of Non-Forum Shopping, if necessary

Contents of a Motion: (Rule 15, Rules of Court)

1. State the relief sought to be obtained and the grounds upon which it is based;
2. If required by the Rules or necessary to prove facts alleged therein, shall be accompanied by
supporting affidavits and other papers;
3. Except for motions which the court may act upon without prejudicing the rights of the adverse party,
every written motion shall be set for hearing by the applicant;
4. The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of
the hearing which must not be later than ten (10) days after the filing of the motion;
5. Proof of service;
6. Rules applicable to pleadings shall apply to written motions so far as concerns caption, designation,
signature, and other matters of form.

Note: A motion for leave to file a pleading or motion shall be accompanied by the pleading or motion sought
to be admitted.

Example – Motion:

[CAPTION]

[TITLE OF THE MOTION]

COMES NOW, PLAINTIFF/DEFENDANT, through the undersigned counsel and unto this Honorable Court
most respectfully avers that:

[ALLEGATIONS/ARGUMENTS]

[PRAYER]

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(Sgd.) Atty. _______________
Roll No. ____;(Date)
IBP No. ____ (Place) (Date)
PTR No. ____ (Place) (Date)
MCLE No.____ (Place) (Date)
(Office Address)
(Contact Details – Phone number and/or email
address)

NOTICE OF HEARING

Clerk of Court
__________ Trial Court
Branch _________
___________ City

GREETINGS:

Please set this motion for hearing on (date), (day), at (time).

(Sgd.) Atty. _______________

Copy furnished:

(Other Parties)
(Address)

EXPLANATION
(needed only if personal service is not possible)

A copy of this pleading is served via registered mail, instead of via personal service, on the adverse party
and her counsel due to the distance of his law office address and the lack of field staff of undersigned counsel at
this time.

(Sgd.) Atty. _______________

M. TRIAL MEMORANDUM:

Contents:
1. Statement of the Case

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 S of the proceedings,
Provides a clear and concise statement of the (1) nature of the action; (2) summary
if any; (3) challenged order or decision, if any; (4) other matters necessary in understanding the
controversy
2. Statement of the Facts
 Organize the facts in sequence
 Determine how the issue/s developed
 Consider adverse facts
 Be brief and concise.
 Do not assume facts. State the facts as they are.
3. Issue/s
 Determine the legal question/s to be answered
4. Arguments
 Provide a one-paragraph answer per issue
 Briefly state the applicable law and precedents
 Apply the law to the facts
 No need to educate the client on elementary law principles
5. Relief
 State your position to the issue/s
 Gives a solution to the problem
III. ANNEX “A” RULE 138 ATTORNEYS
AND ADMISSION TO THE BAR, THE
REVISED RULES OF COURT IN THE
PHILIPPINES
Section 1. Who may practice law. — Any
person heretofore duly admitted as a member of
the bar, or hereafter admitted as such in
accordance with the provisions of this rule, and
who is in good and regular standing, is entitled
to practice law.
Section 2. Requirements for all applicants for
admission to the bar . — Every applicant for
admission as a member of the bar must be a
citizen of the Philippines, at least twenty-one
years of age, of good moral character, and
resident of the Philippines; and must produce
before the Supreme Court satisfactory evidence
of good moral character, and that no charges
against him, involving moral turpitude, have
been filed or are pending in any court in the
Philippines.
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Section 3. Requirements for lawyers who are
citizens of the United States of America . —
Citizens of the United States of America who,
before July 4, 1946, were duly licensed
members of the Philippine Bar, in active practice
in the courts of the Philippines and in good and
regular standing as such may, upon satisfactory
proof of those facts before the Supreme Court,
be allowed to continue such practice after taking
the following oath of office:
I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having
been permitted to continue in the practice of law
in the Philippines, do solemnly swear that I
recognize the supreme authority of the Republic
of the Philippines; I will support its Constitution
and obey the laws as well as the legal orders of
the duly constituted authorities therein; I will do
no falsehood, nor consent to the doing of any in
court; I will not wittingly or willingly promote or
sue any groundless, false or unlawful suit, nor
give aid nor consent to the same; I will delay no
man for money or malice, and will conduct
myself as a lawyer according to the best of may
knowledge and discretion with all good fidelity
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as well as 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.
Section 4. Requirements for applicants from
other jurisdictions. — Applicants for admission
who, being Filipino citizens, are enrolled
attorneys in good standing in the Supreme Court
of the United States or in any circuit court of
appeals or district court therein, or in the
highest court of any State or Territory of the
United States, and who can show by satisfactory
certificates that they have practiced at least five
years in any of said courts, that such practice
began before July 4, 1946, and that they have
never been suspended or disbarred, may, in the
discretion of the Court, be admitted without
examination.
Section 5. Additional requirements for other
applicants. — All applicants for admission other
than those referred to in the two preceding
section shall, before being admitted to the
examination, satisfactorily show that they have
regularly studied law for four years, and
successfully completed all prescribed courses, in
a law school or university, officially approved
and recognized by the Secretary of Education.
The affidavit of the candidate, accompanied by a
certificate from the university or school of law,
shall be filed as evidence of such facts, and the
court may require further evidence.
No applicant shall be admitted to the bar
examinations unless he has satisfactorily
completed the following courses in a law school
or university duly recognized by the
government: civil law, commercial law, remedial
law, criminal law, public and private
international law, political law, labor and social
legislation, medical jurisprudence, taxation and
legal ethics.
Section 6. Pre-Law. — No applicant for
admission to the bar examination shall be
admitted unless he presents a certificate that he
has satisfied the Secretary of Education that,
before he began the study of law, he had
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pursued and satisfactorily completed in an
authorized and recognized university or college,
requiring for admission thereto the completion
of a four-year high school course, the course of
study prescribed therein for a bachelor's degree
in arts or sciences with any of the following
subjects as major or field of concentration:
political science, logic, english, spanish, history
and economics.
Section 7. Time for filing proof of qualifications .
— All applicants for admission shall file with the
clerk of the Supreme Court the evidence
required by section 2 of this rule at least fifteen
(15) days before the beginning of the
examination. If not embraced within section 3
and 4 of this rule they shall also file within the
same period the affidavit and certificate required
by section 5, and if embraced within sections 3
and 4 they shall exhibit a license evidencing the
fact of their admission to practice, satisfactory
evidence that the same has not been revoked,
and certificates as to their professional standing.
Applicants shall also file at the same time their
own affidavits as to their age, residence, and
citizenship.
Section 8. Notice of Applications. — Notice of
applications for admission shall be published by
the clerk of the Supreme Court in newspapers
published in Pilipino, English and Spanish, for at
least ten (10) days before the beginning of the
examination.
Section 9. Examination; subjects. — Applicants,
not otherwise provided for in sections 3 and 4 of
this rule, shall be subjected to examinations in
the following subjects: Civil Law; Labor and
Social Legislation; Mercantile Law; Criminal Law;
Political Law (Constitutional Law, Public
Corporations, and Public Officers); International
Law (Private and Public); Taxation; Remedial
Law (Civil Procedure, Criminal Procedure, and
Evidence); Legal Ethics and Practical Exercises
(in Pleadings and Conveyancing).

Section 10. Bar examination, by questions and
answers, and in writing . — Persons taking the
examination shall not bring papers, books or
notes into the examination rooms. The
questions shall be the same for all examinees
and a copy thereof, in English or Spanish, shall
be given to each examinee. Examinees shall
answer the questions personally without help
from anyone.
Upon verified application made by an examinee
stating that his penmanship is so poor that it will
be difficult to read his answers without much
loss of time., the Supreme Court may allow such
examinee to use a typewriter in answering the
questions. Only noiseless typewriters are
allowed.
The committee of bar examiner shall take such
precautions as are necessary to prevent the
substitution of papers or commission of other
frauds. Examinees shall not place their names
on the examination papers. No oral examination
shall be given.
Section 11. Annual examination. — Mercantile Law, 15 per cent; Criminal Law; 10
Examinations for admission to the bar of the
Philippines shall take place annually in the City
of Manila. They shall be held in four days to be
designated by the chairman of the committee on
bar examiners. The subjects shall be distributed
as follows: First day: Political and International
Law (morning) and Labor and Social Legislation
(afternoon); Second day: Civil Law (morning)
and Taxation (afternoon); Third day: Mercantile
Law (morning) and Criminal Law (afternoon);
Fourth day: Remedial Law (morning) and legal
Ethics and Practical Exercises (afternoon).
Section 12. Committee of examiners. — A
committee of bar examiners to be appointed by
the Supreme Court shall conduct examinations.
This committee shall be composed of a Justice
of the Supreme Court, who shall act as
chairman, and who shall be designated by the
court to serve for one year, and eight members
of the bar of the Philippines, who shall hold
office for a period of one year. The names of the
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members of this committeeS shall be published in
each volume of the official reports.
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Section 13. Disciplinary measures. — No
candidate shall endeavor to influence any
member of the committee, and during
examination the candidates shall not
communicate with each other nor shall they give
or receive any assistance. The candidate who
violates this provision, or any other provision of
this rule, shall be barred from the examination,
and the same to count as a failure against him,
and further disciplinary action, including
permanent disqualification, may be taken in the
discretion of the court.
Section 14. Passing average. — In order that a
candidate may be deemed to have passed his
examinations successfully, he must have
obtained a general average of 75 per cent in all
subjects, without falling below 50 per cent in
any subjects. In determining the average, the
subjects in the examination shall be given the
following relative weights: Civil Law, 15 per
cent; Labor and Social Legislation, 10 per cent;
per cent: Political and International Law, 15 per
cent; Taxation, 10 per cent; Remedial Law, 20
per cent; Legal Ethics and Practical Exercises, 5
per cent.
Section 15. Report of the committee; filing of
examination papers. — Not later than February
15th after the examination, or as soon
thereafter as may be practicable, the committee
shall file its report on the result of such
examination. The examination papers and notes
of the committee shall be filed with the clerk
and may there be examined by the parties in
interest, after the court has approved the report.
Section 16. Failing candidates to take review
course. — Candidates who have failed the bar
examinations for three times shall be disqualified
from taking another examination unless they
show the satisfaction of the court that they have
enrolled in and passed regular fourth year
review classes as well as attended a pre-bar
review course in a recognized law school.
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The professors of the individual review subjects
attended by the candidates under this rule shall
certify under oath that the candidates have
regularly attended classes and passed the
subjects under the same conditions as ordinary
students and the ratings obtained by them in
the particular subject.
Section 17. Admission and oath of successful
applicants. — An applicant who has passed the
required examination, or has been otherwise
found to be entitled to admission to the bar,
shall take and subscribe before the Supreme
Court the corresponding oath of office.
Section 18. Certificate. — The supreme Court
shall thereupon admit the applicant as a
member of the bar for all the courts of the
Philippines, and shall direct an order to be
entered to that effect upon its records, and that
a certificate of such record be given to him by
the clerk of court, which certificate shall be his
authority to practice.
Section 19. Attorney's roll. — The clerk of the
Supreme Court shall keep a roll of all attorneys
admitted to practice, which roll shall be signed
by the person admitted when he receives his
certificate.
Section 20. Duties of attorneys. — It is the
duty of an attorney:
(a) To maintain allegiance to the Republic of
the Philippines and to support the
Constitution and obey the laws of the
Philippines.
(b) To observe and maintain the respect due to
the courts of justice and judicial officers;
(c) To counsel or maintain such actions or
proceedings only as appear to him to be
just, and such defenses only as he believes
to be honestly debatable under the law.
(d) To employ, for the purpose of maintaining
the causes confided to him, such means
only as are consistent with truth and honor,
and never seek to mislead the judge or any
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judicial officer by an artifice or false
statement of fact or law;
(e) To maintain inviolate the confidence, and at
every peril to himself, to preserve the
secrets of his client, and to accept no
compensation in connection with his client's
business except from him or with his
knowledge and approval;
(f) To abstain from all offensive personality
and to advance no fact prejudicial to the
honor or reputation of a party or witness,
unless required by the justice of the cause
with which he is charged;
(g) Not to encourage either the
commencement or the continuance of an
action or proceeding, or delay any man's
cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration
personal to himself, the cause of the
defenseless or oppressed;
(i) In the defense of a person accused of
crime, by all fair and honorable means,
regardless of his personal opinion as to the
guilt of the accused, to present every
defense that the law permits, to the end
that no person may be deprived of life or
liberty, but by due process of law.
Section 21. Authority of attorney to appear . —
an attorney is presumed to be properly
authorized to represent any cause in which he
appears, and no written power of attorney is
required to authorize him to appear in court for
his client, but the presiding judge may, on
motion of either party and on reasonable
grounds therefor being shown, require any
attorney who assumes the right to appear in a
case to produce or prove the authority under
which he appears, and to disclose, whenever
pertinent to any issue, the name of the person
who employed him, and may thereupon make
such order as justice requires. An attorney who
wilfully appears in court for a person without
being employed, unless by leave of the court,
may be punished for contempt as an officer of
the court who has misbehaved in his official
transactions.

Section 22. Attorney who appears in lower
court presumed to represent client on appeal . —
An attorney who appears de parte in a case
before a lower court shall be presumed to
continue representing his client on appeal,
unless he files a formal petition withdrawing his
appearance in the appellate court.
Section 23. Authority of attorneys to bind
clients. — Attorneys have authority to bind their
clients in any case by any agreement in relation
thereto made in writing, and in taking appeals,
and in all matters of 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.
Section 24. Compensation of attorneys;
agreement as to fees. — An attorney shall be
entitled to have and recover from his client no
more than a reasonable compensation for his
services, with a view to the importance of the
subject matter of the controversy, the extent of
the services rendered, and the professional
standing of the attorney. No court shall be
bound by the opinion of attorneys as expert
witnesses as to the proper compensation, but
may disregard such testimony and base its
conclusion on its own professional knowledge. A
written contract for services shall control the
amount to be paid therefor unless found by the
court to be unconscionable or unreasonable.
Section 25. Unlawful retention of client's
funds; contempt. — When an attorney unjustly
retains in his hands money of his client after it
has been demanded, he may be punished for
contempt as an officer of the Court who has
misbehaved in his official transactions; but
proceedings under this section shall not be a bar
to a criminal prosecution.
Section 26. Change of attorneys. — An
attorney may retire at any time from any action
or special proceeding, by the written consent of
his client filed in court. He may also retire at any
time from an action or special proceeding,
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without the consent ofShis client, should the
court, on notice to the client and attorney, and
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on hearing, determine that he ought to be
allowed to retire. In case of substitution, the
name of the attorney newly employed shall be
entered on the docket of the court in place of
the former one, and written notice of the
change shall be given to the advance party.
A client may at any time dismiss his attorney or
substitute another in his place, but if the
contract between client and attorney has been
reduced to writing and the dismissal of the
attorney was without justifiable cause, he shall
be entitled to recover from the client the full
compensation stipulated in the contract.
However, the attorney may, in the discretion of
the court, intervene in the case to protect his
rights. For the payment of his compensation the
attorney shall have a lien upon all judgments for
the payment of money, and executions issued in
pursuance of such judgment, rendered in the
case wherein the client had retained his
services.
Section 27. Attorneys removed or suspended
by Supreme Court on what grounds. — A
member of the bar may be removed or
suspended from his office as attorney by the
Supreme Court for any deceit, malpractice, or
other gross misconduct in such office, grossly
immoral conduct, or by reason of his conviction
of a crime involving moral turpitude, or for any
violation of the oath which he is required to take
before the admission to practice, or for a wilfull
disobedience of any lawful order of a superior
court, or for corruptly or willful appearing as an
attorney for a party to a case without authority
so to do. The practice of soliciting cases at law
for the purpose of gain, either personally or
through paid agents or brokers, constitutes
malpractice.
Section 28. Suspension of attorney by the
Court of Appeals or a Court of First Instance . —
The Court of Appeals or a Court of First Instance
may suspend an attorney from practice for any
of the causes named in the last preceding
section, and after such suspension such attorney
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shall not practice his profession until further
action of the Supreme Court in the premises.
Section 29. Upon suspension by the Court of
Appeals or Court of First Instance, further
proceedings in Supreme Court. — Upon such
suspension, the Court of Appeals or the Court of
First Instance shall forthwith transmit to the
Supreme Court a certified copy of the order of
suspension and a full statement of the facts
upon which the same was based. Upon the
receipt of such certified copy and statement, the
Supreme Court shall make a full investigation of
the facts involved and make such order revoking
or extending the suspension, or removing the
attorney from his office as such, as the facts
warrant.
Section 30. Attorney to be heard before
removal or suspension. — No attorney shall be
removed or suspended from the practice of his
profession, until he has had full opportunity
upon reasonable notice to answer the charges
against him, to produce witnesses in his own
behalf, and to be heard by himself or counsel.
But if upon reasonable notice he fails to appear
and answer the accusation, the court may
proceed to determine the matter ex parte.
Section 31. Attorneys for destitute litigants . —
A court may assign an attorney to render
professional aid free of charge to any party in a
case, if upon investigation it appears that the
party is destitute and unable to employ an
attorney, and that the services of counsel are
necessary to secure the ends of justice and to
protect the rights of the party. It shall be the
duty of the attorney so assigned to render the
required service, unless he is excused therefrom
by the court for sufficient cause shown.
Section 32. Compensation for attorneys de
oficio. — Subject to availability of funds as may
be provided by the law the court may, in its
discretion, order an attorney employed as
counsel de oficio to be compensates in such sum
as the court may fix in accordance with section
24 of this rule. Whenever such compensation is
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allowed, it shall be not less than thirty pesos
(P30) in any case, nor more than the following
amounts: (1) Fifty pesos (P50) in light felonies;
(2) One hundred pesos (P100) in less grave
felonies; (3) Two hundred pesos (P200) in grave
felonies other than capital offenses; (4) Five
Hundred pesos (P500) in capital offenses.
Section 33. Standing in court of person
authorized to appear for Government. — Any
official or other person appointed or designated
in accordance with law to appear for the
Government of the Philippines shall have all the
rights of a duly authorized member of the bar to
appear in any case in which said government
has an interest direct or indirect.
Section 34. By whom litigation conducted. —
In the court of a justice of the peace a party
may conduct his litigation in person, with the aid
of an agent or friend appointed by him for the
purpose, or with the aid an attorney. In any
other court, a party may conduct his litigation
personally or by aid of an attorney, and his
appearance must be either personal or by a duly
authorized member of the bar.
Section 35. Certain attorneys not to practice .
— No judge or other official or employee of the
superior courts or of the Office of the Solicitor
General, shall engage in private practice as a
member of the bar or give professional advice to
clients.
Section 36. Amicus Curiae. — Experienced and
impartial attorneys may be invited by the Court
to appear as amici curiae to help in the
disposition of issues submitted to it.
Section 37. Attorneys' 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 funds 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 the 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 the caused written notice thereof to be
delivered to his client and to the adverse paty;
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 just fees and disbursements.
IV. ANNEX “B” RULE 138-A LAW STUDENT
PRACTICE RULE, THE REVISED RULES
OF COURT IN THE PHILIPPINES
RULE 138-A
Law Student Practice Rule
Section 1. Conditions for student practice. — A
law student who has successfully completed his
3rd year of the regular four-year prescribed law
curriculum and is enrolled in a recognized law
school's clinical legal education program
approved by the Supreme Court, may appear
without compensation in any civil, criminal or
administrative case before any trial court,
tribunal, board or officer, to represent indigent
clients accepted by the legal clinic of the law
school.
Section 2. Appearance. — The appearance of
the law student authorized by this rule, shall be
under the direct supervision and control of a
member of the Integrated Bar of the Philippines
duly accredited by the law school. The
supervising attorney for and in behalf of the
legal clinic must sign any and all pleadings,
motions, briefs, memoranda or other papers to
be filed.
Section 3. Privileged communications. — The
Rules safeguarding privileged communications
between attorney and client shall apply to
similar communications made to or received by
the law student, acting for the legal clinic.
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Section 4. StandardsS of conduct and
supervision. — The law student shall comply
COMMISSIONS
with the standards of professional conduct
governing members of the Bar. Failure of an
attorney to provide adequate supervision of
student practice may be a ground for
disciplinary action. (Circular No. 19, dated
December 19, 1986).
V. ANNEX “C” RULE 139-A INTEGRATED
BAR OF THE PHILIPPINES, THE
REVISED RULES OF COURT IN THE
PHILIPPINES
RULE 139-A
Integrated Bar of the Philippines
Section 1. Organization. — There is hereby
organized an official national body to be known
as the "Integrated Bar of the Philippines,"
composed of all persons whose names now
appear or may hereafter be included in the Roll
of Attorneys of the Supreme Court.
Section 2. Purposes. — The fundamental
purposes of the Integrated Bar shall be to
elevate the standards of the legal profession,
improve the administration of justice, and
enable the Bar to discharge its public
responsibility more effectively.
Section 3. Regions. — The Philippines is hereby
divided into nine Regions of the Integrated Bar,
to wit:
(a) Northern Luzon, consisting of the provinces
of Abra, Batanes, Benguet, Cagayan, Ifugao,
Ilocos Norte, Ilocos Sur, Isabela, Kalinga-
Apayao, La Union, Mountain Province,
Nueva Vizcaya, and Quirino.
(b) Central Luzon, consisting of the provinces of
Bataan, Bulacan, Nueva Ecija, Pampanga,
Pangasinan, Tarlac, and Zambales;
(c) Greater Manila, consisting of the City of
Manila and Quezon City;
(d) Southern Luzon, consisting of the provinces
of Batangas, Cavite, Laguna, Marinduque,
Occidental Mindoro, Oriental Mindoro,
Quezon, and Rizal;
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(e) Bicolandia, consisting of the provinces of
Albay, Camarines Norte, Camarines Sur,
Catanduanes, Masbate, and Sorsogon;
(f) Eastern Visayas, consisting of the provinces
of Bohol, Cebu, Eastern Samar, Leyte,
Northern Samar, Samar, and Southern
Leyte;
(g) Western Visayas, consisting of the provinces
of Aklan, Antique, Capiz, Iloilo, Negros
Occidental, Negros Oriental, Palawan,
Romblon, and Siquijor.
(h) Eastern Mindanao, consisting of the
provinces of Agusan del Norte, Agusan Del
Sur, Bukidnon, Camiguin, Davao del Norte,
Davao del Sur, Davao Oriental, Misamis
Oriental, Surigao del Norte, and Surigao del
Sur; and
(i) Western Mindanao, consisting of the cities
of Basilan and Zamboanga, and the
provinces of Cotabato, Lanao del Norte,
Lanao del Sur, Misamis Occidental, South
Cotabato, Sulu, Zamboanga del Norte, and
Zamboanga del Sur.
In the event of the creation of any new
province, the Board of Governors shall, with the
approval of the Supreme Court, determine the
Region to which the said province shall belong.
Section 4. Chapters. — A Chapter of the
Integrated Bar shall be organized in every
province. Except as hereinbelow provided, every
city shall be considered part of the province
within which it is geographically situated.
A separate Chapter shall be organized in each of
the following political subdivisions or areas;
(a) The sub-province of Aurora;
(b) Each congressional district of the City of
Manila;
(c) Quezon City;
(d) Caloocan City, Malabon and Navotas;
(e) Pasay City, Makati, Mandaluyong and San
Juan del Monte;
(f) Cebu City; and
(g) Zamboanga City and Basilan City.
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Unless he otherwise registers his preference for
a particular Chapter, a lawyer shall be
considered a member of the Chapter of the
province, city, political subdivision or area where
his office, or, in the absence thereof, his
residence is located. In no case shall any lawyer
be a member of more than one Chapter.
Each Chapter shall have its own local
government as provided for by uniform rules to
be prescribed by the Board of Governors and
approved by the Supreme Court, the provisions
of Section 19 of this Rule notwithstanding.
Chapters belonging to the same Region may
hold regional conventions on matters and
problems of common concern.
Section 5. House of Delegates. — The
Integrated Bar shall have a House of Delegates
of not more than one hundred twenty members
who shall be apportioned among all the
Chapters as nearly as may be according to the
number of their respective members, but each
Chapter shall have at least one Delegate. On or
before December 31, 1974, and every four years
thereafter, the Board of Governors shall make
an apportionment of Delegates.
The term of the office of Delegate shall begin on
the date of the opening of the annual
convention of the House and shall end on the
day immediately preceding the date of the
opening of the next succeeding annual
convention. No person may be a Delegate for
more than two terms.
The House shall hold an annual convention at
the call of the Board of Governors at any time
during the month of April of each year for the
election of Governor, the reading and discussion
of reports including the annual report of the
Board of Governors, the transaction of such
other business as may be referred to it by the
Board, and the consideration of such additional
matters as may be requested in writing by at
least twenty Delegates. Special conventions of

the House may be called by the Board of
Governors to consider only such matters as the
Board shall indicate. A majority of the Delegates
who have registered for a convention, whether
annual or special, shall constitute a quorum to
do business.
Section 6. Board of Governors. — A Board of
Governors shall govern the Integrated Bar. The
House of Delegates shall elect nine Governors
from the nine Regions on the representation
basis of one Governor from each Region. Each
Governor shall be chosen from a list of
nominees submitted by the Delegates from the
Region, provided that not more than one
nominee shall come from any Chapter. The
President and the Executive Vice President, if
chosen by the Governors from outside of
themselves as provided in Section 7 of this Rule,
shall ipso facto become members of the Board.
The members of the Board shall hold office for a
term of one year from the date of their election
and until their successors shall have been duly
elected and qualified. No person may be a
Governor for more than two terms.
The Board shall meet regularly once every three
months, on such date and such time and place,
as it shall designate. A majority of all the
members of the Board shall constitute a quorum
to do business. Special meetings may be called
by the President or by five members of the
Board.
Subject to the approval of the Supreme Court,
the Board shall adopt By-Laws and promulgate
Canons of Professional Responsibility for all
members of the Integrated Bar. The By-Laws
and the Canons may be amended by the
Supreme Court motu propio or upon the
recommendation of the Board of Governors.
The Board shall prescribe such other rules and
regulations as may be necessary and proper to
carry out the purposes of the Integrated Bar as
well as the provisions of this Rule.
Section 7. Officers. — The Integrated Bar shall
have a President and an Executive Vice
President who shall be chosen by the Governors
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immediately after the S latter's election, either
from among themselves or from other members
COMMISSIONS
of the Integrated Bar, by the vote of at least five
Governors. Each of the regional members of the
Board shall be ex officio Vice President for the
Region which he represents.
The President and the Executive Vice President
shall hold office for a term of one year from the
date of their election and until their successors
shall have duly qualified. The Executive Vice
President shall automatically become the
President for the next succeeding full term. The
Presidency shall rotate from year to year among
all the nine Regions in such order or rotation as
the Board of Governors shall prescribe. No
person shall be President or Executive Vice
President of the Integrated Bar for more than
one term.
The Integrated Bar shall have a Secretary, a
Treasurer, and such other officers and
employees as may be required by the Board of
Governors, to be appointed by the President
with the consent of the Board, and to hold office
at the pleasure of the Board or for such terms
as it may fix. Said officers and employees need
not be members of the Integrated Bar.
Section 8. Vacancies. — In the event the
President is absent or unable to act, his duties
shall be performed by the Executive Vice
President; and in the event of the death,
resignation, or removal of the President, the
Executive Vice President shall serve as Acting
President during the remainder of the term of
the office thus vacated. In the event of the
death, resignation, removal, or disability of both
the President and the Executive Vice President,
the Board of Governors shall elect an Acting
President to hold office until the next succeeding
election or during the period of disability.
The filling of vacancies in the House of
Delegates, Board of Governors, and all other
positions of Officers of the Integrated Bar shall
be as provided in the By-Laws. Whenever the
term of an office or position is for a fixed period,
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the person chosen to fill a vacancy therein shall
serve only for the unexpired term.
Section 9. Membership dues. — Every member
of the Integrated Bar shall pay such annual dues
as the Board of Governors shall determine with
the approval of the Supreme Court. A fixed sum
equivalent to ten percent (10%) of the collection
from each Chapter shall be set aside as a
Welfare Fund for disabled members of the
Chapter and the compulsory heirs of deceased
members thereof.
Section 10. Effect of non-payment of dues . —
Subject to the provisions of Section 12 of this
Rule, default in the payment of annual dues for
six months shall warrant suspension of
membership in the Integrated Bar, and default
in such payment for one year shall be a ground
for the removal of the name of the delinquent
member from the Roll of Attorneys.
Section 11. Voluntary termination of
membership; re-instatement. — A member may
terminate his membership by filing a written
notice to that effect with the Secretary of the
Integrated Bar, who shall immediately bring the
matter to the attention of the Supreme Court.
Forthwith he shall cease to be a member and his
name shall be stricken by the Court from the
Roll of Attorneys. The Court in accordance with
rules and regulations prescribed by the Board of
Governors and approved by the Court may make
reinstatement.
Section 12. Grievance procedures. — The
Board of Governors shall provide in the By-Laws
for grievance procedures for the enforcement
and maintenance of discipline among all the
members of the Integrated Bar, but no action
involving the suspension or disbarment of a
member or the removal of his name from the
Roll of Attorneys shall be effective without the
final approval of the Supreme Court.
Section 13. Non-political Bar. — The
Integrated Bar shall be strictly non-political, and
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every activity tending to impair this basic feature
is strictly prohibited and shall be penalized
accordingly. No lawyer holding an elective,
judicial, quasi-judicial, or prosecutory office in
the Government or any political subdivision or
instrumentality thereof shall be eligible for
election of appointment to any position in the
Integrated Bar or any Chapter thereof shall be
considered ipso facto resigned from his position
as of the moment he files his certificate of
candidacy for any elective public office or
accepts appointment to any judicial, quasi-
judicial, or prosecutory office in the Government
or any political subdivision or instrumentality
thereof.
Section 14. Positions honorary. — Except as
may be specifically authorized or allowed by the
Supreme Court, no Delegate or Governor and no
national or local Officer or committee member
shall receive any compensation, allowance or
emolument from the funds of the Integrated Bar
for any service rendered therein or be entitled to
reimbursement for any expense incurred in the
discharge of his functions.
Section 15. Fiscal matters. — The Board of
Governors shall administer the funds of the
Integrated Bar and shall have the power to
make appropriations and disbursements
therefrom. It shall cause proper Books of
Accounts to be kept and Financial Statements to
be rendered and shall see to it that the proper
audit is made of all accounts of the Integrated
Bar and all the Chapters thereof.
Section 16. Journal. — The Board of Governors
shall cause to be published a quarterly Journal
of the Integrated Bar, free copies of which shall
be distributed to every member of the
Integrated Bar.
Section 17. Voluntary Bar associations. — All
voluntary Bar associations now existing or which
may hereafter be formed may co-exist with the
Integrated Bar but shall not operate at cross-
purposes therewith.

Section 18. Amendments. — This Rule may be
amended by the Supreme Court motu propio or
upon the recommendation of the Board of
Governors or any Chapter of the Integrated Bar.
Section 19. Organizational period. — The
Commission on Bar Integration shall organize
the local Chapters and toward this end shall
secure the assistance of the Department of
Justice and of all Judges throughout the
Philippines. All Chapter organizational meetings
shall be held on Saturday, February 17, 1973. In
every case, the Commission shall cause proper
notice of the date, time and place of the
meeting called to organize a Chapter shall
constitute a quorum for the purpose, including
the election of a President, a Vice President, a
Secretary, a Treasurer, and five Directors.
The Commission shall initially fix the number of
Delegates and apportion the same among all the
Chapters as nearly as may be in proportion to
the number of their respective members, but
each Chapter shall have at least one Delegate.
The President of each Chapter shall concurrently
be its Delegate to the House of Delegates. The
Vice President shall be his alternate, except
where the Chapter is entitled to have more than
one Delegate, in which case the Vice President
shall also be a Delegate.
The Board of Directors of the Chapter shall in
proper cases elect additional as well as alternate
Delegates.
The House of Delegates shall convene in the
City of Manila on Saturday, March 17, 1973 for
the Purpose of electing a Board of Governors.
The Governors shall immediately assume office
and forthwith meet to elect the Officers of the
Integrated Bar. The Officers so chosen shall
immediately assume their respective positions.
Section 20. Effectivity. — This Rule shall take
effect on January 16, 1973.
VI. ANNEX “D” RULE 139-B DISBARMENT
AND DISCIPLINE OF ATTORNEYS, THE
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REVISED RULES SOF COURT IN THE
PHILIPPINES
COMMISSIONS
RULE 139-B
Disbarment and Discipline of Attorneys
Section 1. How Instituted. — Proceedings for
the disbarment, suspension, or discipline of
attorneys may be taken by the Supreme
Court motu propio, or by the Integrated Bar of
the Philippines (IBP) upon the verified complaint
of any person. The complaint shall state clearly
and concisely the facts complained of and shall
be supported by affidavits of persons having
personal knowledge of the facts therein alleged
and/or by such documents as may substantiate
said facts.
The IBP Board of Governors may, motu
propio or upon referral by the Supreme Court or
by a Chapter Board of Officers, or at the
instance of any person, initiate and prosecute
proper charges against erring attorneys
including those in the government service.
Six (6) copies of the verified complaint shall be
filed with the Secretary of the IBP or the
Secretary of any of its chapter who shall
forthwith transmit the same to the IBP Board of
Governors for assignment to an investigator.
A. PROCEEDINGS IN THE INTEGRATED
BAR OF THE PHILIPPINES
Section 2. National Grievance Investigators . —
The Board of Governors shall appoint from
among IBP members an Investigator or, when
special circumstances so warrant, a panel of
three (3) investigators to investigate the
complaint. All Investigators shall take an oath of
office in the form prescribed by the Board of
Governors. A copy of the Investigator's
appointment and oath shall be transmitted to
the Supreme Court.
An Investigator may be disqualified by reason of
relationship within the fourth degree of
consanguinity of affinity to any of the parties of
their counsel, pecuniary interest, personal bias,
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or his having acted as counsel to his acting as
such Investigator. Where the Investigator does
not disqualify himself, a party may appeal to the
IBP Board of Governors, which by majority vote
of the members present, there being a quorum,
may order his disqualification.
Any Investigator may also be removed for
cause, after due hearing, by the vote of at least
six (6) members of the IBP Board of Governors.
The decision of the Board of Governors in all
cases of disqualification or removal shall be
final.
Section 3. Duties of the National Grievance
Investigator. — The National Grievance
Investigators shall investigate all complaints
against members of the Integrated Bar referred
to them by the IBP Board of Governors.
Section 4. Chapter assistance to complainant .
— The proper IBP Chapter may assist the
complainant(s) in the preparation and filing of
his complaint(s).
Section 5. Service or dismissal. — If the
complaint appears to be meritorious, the
Investigator shall direct that a copy thereof be
served upon the respondent, requiring him to
answer the same within fifteen (15) days from
the date of service. If the complaint does not
merit action, or if the answer shows to the
satisfaction of the Investigator that the
complaint is not meritorious, the same may be
dismissed by the Board of Governors upon his
recommendation. A copy of the resolution of
dismissal shall be furnished the complainant and
the Supreme Court which may review the
case motu propio or upon timely appeal of the
complainant filed within 15 days from notice of
the dismissal of the complainant.
No investigation shall be interrupted or
terminated by reason of the desistance,
settlement, compromise, restitution, withdrawal
of the charges, or failure of the complainant to
prosecute the same, unless the Supreme Court
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motu propio or upon recommendation of the
IBP Board of Governors, determines that there
is no compelling reason to continue with the
disbarment or suspension proceedings against
the respondent. (Amendment pursuant to
Supreme Court Resolution dated May 27, 1993
re Bar Matter 356).
Section 6. Verification and service of answer .
— The answer shall be verified. The original and
five (5) legible copies of the answer shall be
filed with the Investigator, with proof of service
of a copy thereof on the complainant or his
counsel.
Section 7. Administrative counsel. — The IBP
Board of Governors shall appoint a suitable
member of the Integrated Bar as counsel to
assist the complainant of the respondent during
the investigation in case of need for such
assistance.
Section 8. Investigation. — Upon joinder of
issues or upon failure of the respondent to
answer, the Investigator shall, with deliberate
speed, proceed with the investigation of the
case. He shall have the power to issue
subpoenas and administer oaths. The
respondent shall be given full opportunity to
defend himself, to present witnesses on his
behalf, and be heard by himself and counsel.
However, if upon reasonable notice, the
respondent fails to appear, the investigation
shall proceed ex parte.
The Investigator shall terminate the
investigation within three (3) months from the
date of its commencement, unless extended for
good cause by the Board of Governors upon
prior application.
Willful failure or refusal to obey a subpoena or
any other lawful order issued by the Investigator
shall be dealt with as for indirect contempt of
court. The corresponding charge shall be filed
by the Investigator before the IBP Board of
Governors, which shall require the alleged

contemnor to show cause within ten (10) days
from notice. The IBP Board of Governors may
thereafter conduct hearings, if necessary, in
accordance with the procedure set forth in this
Rule for hearings before the Investigator. Such
hearing shall as far as practicable be terminated
within fifteen (15) days from its
commencement. Thereafter, the IBP Board of
Governors shall within a like period of fifteen
(15) days issue a resolution setting forth its
findings and recommendations, which shall
forthwith be transmitted to the Supreme Court
for final action and if warranted, the imposition
of penalty.
Section 9. Depositions. — Depositions may be
taken in accordance with the Rules of Court with
leave of the investigator(s).
Within the Philippines, depositions may be taken
before any member of the Board of Governors,
the President of any Chapter, or any officer
authorized by law to administer oaths.
Depositions may be taken outside the
Philippines before diplomatic or consular
representative of the Philippine Government or
before any person agreed upon by the parties or
designated by the Board of Governors.
Any suitable member of the Integrated Bar in
the place where a deposition shall be taken may
be designated by the Investigator to assist the
complainant or the respondent in taking a
deposition.
Section 10. Report of Investigator . — Not later
than thirty (30) days from the termination of the
investigation, the Investigator shall submit a
report containing his findings of fact and
recommendations to the IBP Board of
Governors, together with the stenographic notes
and the transcript thereof, and all the evidence
presented during the investigation. The
submission of the report need not await the
transcription of the stenographic notes, it being
sufficient that the report reproduce substantially
from the Investigator's personal notes any
relevant and pertinent testimonies.
Section 11. Defects. — No defect in a
complaint, notice, answer, or in the proceeding
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S shall be considered
or the Investigator's Report
as substantial unless the Board of Governors,
COMMISSIONS
upon considering the whole record, finds that
such defect has resulted or may result in a
miscarriage of justice, in which event the Board
shall take such remedial action as the
circumstances may warrant, including
invalidation of the entire proceedings.
Section 12. Review and decision by the Board
of Governors.
a) Every case heard by an investigator shall be
reviewed by the IBP Board of Governors
upon the record and evidence transmitted to
it by the Investigator with his report. The
decision of the Board upon such review shall
be in writing and shall clearly and distinctly
state the facts and the reasons on which it is
based. It shall be promulgated within a
period not exceeding thirty (30) days from
the next meeting of the Board following the
submittal of the Investigator's Report.
b) If the Board, by the vote of a majority of its
total membership, determines that the
respondent should be suspended from the
practice of law or disbarred, it shall issue a
resolution setting forth its findings and
recommendations which, together with the
whole record of the case, shall forthwith be
transmitted to the Supreme Court for final
action.
c) If the Board exonerates the respondent or
the disciplinary sanction imposed by it is less
than suspension or disbarment (such as
admonition, reprimand, or fine) it shall issue
a decision exonerating respondent or
imposing such sanction. The case shall be
deemed terminated unless upon petition of
the complainant or other interested party
filed with the Supreme Court within fifteen
(15) days from notice of the Board's
resolution, the Supreme Court orders
otherwise.
d) Notice of the resolution or decision of the
Board shall be given to all parties through
their counsel. A copy of the same shall be
transmitted to the Supreme Court.
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B. PROCEEDINGS IN THE SUPREME COURT
Section 13. Supreme Court Investigation . — In
proceedings initiated motu propio by the
Supreme Court or in other proceedings when
the interest of justice so requires, the Supreme
Court may refer the case for investigation to the
Solicitor-General or to any officer of the
Supreme Court or judge of a lower court, in
which case the investigation shall proceed in the
same manner provided in sections 6 to 11
hereof, save that the review of the report of
investigation shall be conducted directly by the
Supreme Court.
Section 14. Report of the Solicitor General of
other Court-designated Investigator. — Based
upon the evidence adduced at the investigation,
the Solicitor General or other Investigator
designated by the Supreme Court shall submit to
the Supreme Court a report containing his
findings of fact and recommendations for the
final action of the Supreme Court.
C. COMMON PROVISIONS
Section 15. Suspension of attorney by
Supreme Court. — After receipt of respondent's
answer or lapse of the period therefor, the
Supreme Court, motu propio, or at the instance
of the IBP Board of Governors upon the
recommendation of the Investigator, may
suspend an attorney from the practice of his
profession for any of the causes specified in
Rule 138, Section 27, during the pendency of
the investigation until such suspension is lifted
by the Supreme Court.
Section 16. Suspension of attorney by the
Court of Appeals or a Regional Trial Court. 1 —
The Court of Appeals or Regional Trial Court
may suspend an attorney from practice for any
of the causes named in Rule 138, Section 27 2,
until further action of the Supreme Court in the
case.
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Section 17. Upon suspension by Court of
Appeals or Regional Trial Court, further
proceedings in Supreme Court. — Upon such
suspension, the Court of Appeals or a Regional
Trial Court shall forthwith transmit to the
Supreme Court a certified copy of the order of
suspension and a full statement of the facts
upon which the same was based. Upon receipt
of such certified copy and statement, the
Supreme Court shall make a full investigation of
the case and may revoke, shorten or extend the
suspension, or disbar the attorney as the facts
may warrant.
Section 18. Confidentiality. — Proceedings
against attorneys shall be private and
confidential. However, the final order of the
Supreme Court shall be published like its
decisions in other cases.
Section 19. Expenses. — All reasonable and
necessary expenses incurred in relation to
disciplinary and disbarment proceedings are
lawful charges for which the parties may be
taxed as costs.
Section 20. Effectivity and Transitory Provision.
— This Rule shall take effect June 1, 1988 and
shall supersede the present Rule 139 entitled
"DISBARMENT OR SUSPENSION OF
ATTORNEYS". All cases pending investigation by
the Office of the Solicitor General shall be
transferred to the Integrated Bar of the
Philippines Board of Governors for investigation
and disposition as provided in this Rule except
those cases where the investigation has been
substantially completed.
VII. ANNEX “E” THE CODE OF
PROFESSIONAL RESPONSIBILITY
CODE OF PROFESSIONAL
RESPONSIBILITY
(Promulgated June 21, 1988)
CHAPTER I. THE LAWYER AND SOCIETY

CANON 1 - A LAWYER SHALL UPHOLD THE
CONSTITUTION, OBEY THE LAWS OF THE LAND
AND PROMOTE RESPECT FOR LAW OF AND
LEGAL PROCESSES.
Rule 1.01 - A lawyer shall not engage in
unlawful, dishonest, immoral or deceitful
conduct.
Rule 1.02 - A lawyer shall not counsel or abet
activities aimed at defiance of the law or at
lessening confidence in 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.
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.
Rule 2.04 - A lawyer shall not charge rates
lower than those customarily prescribed unless
the circumstances so warrant.
CANON 3 - A LAWYER IN MAKING KNOWN HIS
LEGAL SERVICES SHALL USE ONLY TRUE,
HONEST, FAIR, DIGNIFIED AND OBJECTIVE
INFORMATION OR STATEMENT OF FACTS.
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S not use or permit the
Rule 3.01 - A lawyer shall
use of any false, fraudulent, misleading,
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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 withdrawal from the firm and his
name shall be dropped from the firm name
unless the law allows him to practice law
currently.
Rule 3.04 - A lawyer shall not pay or give
anything of value to representatives of the mass
media in anticipation of, or in return for,
publicity to attract legal business.
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.
CANON 5 - A LAWYER SHALL KEEP ABREAST
OF LEGAL DEVELOPMENTS, PARTICIPATE IN
CONTINUING LEGAL EDUCATION PROGRAMS,
SUPPORT EFFORTS TO ACHIEVE HIGH
STANDARDS IN LAW SCHOOLS AS WELL AS IN
THE PRACTICAL TRAINING OF LAW STUDENTS
AND ASSIST IN DISSEMINATING THE LAW AND
JURISPRUDENCE.
CANON 6 - THESE CANONS SHALL APPLY TO
LAWYERS IN GOVERNMENT SERVICES IN THE
DISCHARGE OF THEIR TASKS.
Rule 6.01 - The primary duty of a lawyer
engaged in public prosecution is not to convict
but to see that justice is done. The suppression
of facts or the concealment of witnesses capable
of establishing the innocence of the accused is
highly reprehensible and is cause for disciplinary
action.
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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
government service, accept engagement or
employment in connection with any matter in
which he had intervened while in said service.
CHAPTER II. 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
conduct that adversely reflects on his fitness
practice law, nor shall he whether in public
private life, behave in a scandalous manner
the discredit of the legal profession.
CANON 8 - A LAWYER SHALL CONDUCT
HIMSELF WITH COURTESY, FAIRNESS AND
CANDOR TOWARDS 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.
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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.
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
in if the plan is based in whole or in part, on a
to profit sharing agreement.
or
to CHAPTER III. 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 argument of

opposing counsel, 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.
CANON 11 - A LAWYER SHALL OBSERVE AND
MAINTAIN THE RESPECT DUE TO THE COURTS
AND TO JUDICIAL OFFICERS AND SHOULD
INSIST ON SIMILAR CONDUCT BY OTHERS.
Rule 11.01 - A lawyer shall appear in court
properly attired.
Rule 11.02 - A lawyer shall punctually appear
at court hearings.
Rule 11.03 - A lawyer shall abstain from
scandalous, offensive or menacing language or
behavior before the Courts.
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 only.
CANON 12 - A LAWYER SHALL EXERT EVERY
EFFORT AND CONSIDER IT HIS DUTY TO
ASSIST IN THE SPEEDY AND EFFICIENT
ADMINISTRATION OF JUSTICE.
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.
Rule 12.02 - A lawyer shall not file multiple
actions arising from the same cause.
Rule 12.03 - A lawyer shall not, after obtaining
extensions of time to file pleadings, memoranda
LEGAL
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or briefs, let the period lapse
the same or offering an explanation for his
failure to do so.
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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.
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 GIVES 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
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government in the normal course of judicial
proceedings.
CHAPTER IV. 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 14.02 - A lawyer shall not decline, except
for serious and sufficient cause, an appointment
as counsel de officio 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 if:
(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 relations with paying clients.
CANON 15 - A LAWYER SHALL OBSERVE
CANDOR, FAIRNESS AND LOYALTY IN ALL HIS
DEALINGS AND TRANSACTIONS WITH HIS
CLIENTS.
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.
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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 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 15.04. - A lawyer may, with the written
consent of all concerned, act as mediator,
conciliator or arbitrator in settling disputes.
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.
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.
CANON 16 - A LAWYER SHALL HOLD IN TRUST
ALL MONEYS AND PROPERTIES OF HIS CLIENT
THAT MAY COME INTO HIS PROFESSION.
Rule 16.01 - A lawyer shall account for all
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.

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.
Rule 16.04 - A lawyer shall not borrow money
from his client unless the client's interest 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.
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.
CANON 18 - A LAWYER SHALL SERVE HIS
CLIENT WITH COMPETENCE AND DILIGENCE.
Rules 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
respond within a reasonable time to the client's
request for information.
CANON 19 - A LAWYER SHALL REPRESENT HIS
CLIENT WITH ZEAL WITHIN THE BOUNDS OF
THE LAW.
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Rule 19.01 - A lawyerSshall employ only fair
and honest means to attain the lawful objectives
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of his client and shall not present, participate in
presenting or threaten to present unfounded
criminal charges to obtain an improper
advantage in any case or proceeding.
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.
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 service
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
service;
(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.
Rule 20.02 - A lawyer shall, in case of referral,
with the consent of the client, be entitled to a
division of fees in proportion to the work
performed and responsibility assumed.
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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.
Rule 20.04 - A lawyer shall avoid controversies
with clients concerning his compensation and
shall resort to judicial action only to prevent
imposition, injustice or fraud.
CANON 21 - A LAWYER SHALL PRESERVE THE
CONFIDENCE AND SECRETS OF HIS CLIENT
EVEN AFTER THE ATTORNEY-CLIENT RELATION
IS TERMINATED.
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.
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
a third person, unless the client with full
knowledge of the circumstances 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.
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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
clients.
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.
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 case:
(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;
(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.
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 cooperative
with his successor in the orderly transfer of the

matter, including all information necessary for
the proper handling of the matter.
VIII. ANNEX “F” NEW CODE OF
JUDICIAL CONDUCT FOR THE
PHILIPPINE JUDICIARY (BANGALORE
DRAFT, A.M. NO. 03-05-01-SC, 2004)
A.M. No. 03-05-01-SC
ADOPTING THE NEW CODE OF JUDICIAL
CONDUCT FOR THE PHILIPPINE JUDICIARY
WHEREAS, at the Round Table Meeting of Chief
Justices held at the Peace Palace, The Hague,
on 25-26 November 2002, at which
the Philippine Supreme Court was represented
by the Chief Justice and Associate Justice
Reynato S. Puno, the Bangalore Draft of the
Code of Judicial Conduct adopted by the Judicial
Group on Strengthening Judicial integrity was
deliberated upon and approved after
incorporating therein several amendments;
WHEREAS, the Bangalore Draft, as amended, is
intended to be the Universal Declaration of
Judicial Standards applicable in all judiciaries;
WHEREAS, the Bangalore Draft is founded upon
a universal recognition that a competent,
independent and impartial judiciary is essential if
the courts are to fulfill their role in upholding
constitutionalism and the rule of law; that public
confidence in the judicial system and in the
moral authority and integrity of the judiciary is
of utmost importance in a modern democratic
society; and that it is essential that judges,
individually and collectively, respect and honor
judicial office as a public trust and strive to
enhance and maintain confidence in the judicial
system;
WHEREAS, the adoption of the universal
declaration of standards for ethical conduct of
judges embodied in the Bangalore Draft as
revised at the Round Table Conference of Chief
Justices at The Hague is imperative not only to
update and correlate the Code of Judicial
Conduct and the Canons of Judicial Ethics
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S but also to stress
adopted for the Philippines,
the Philippines’ solidarity with the universal
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clamor for a universal code of judicial ethics.
NOW, THEREFORE, the Court hereby adopts this
New Code of Judicial Conduct for the Philippine
Judiciary:
CANON 1
INDEPENDENCE
Judicial independence is a pre-requisite to the
rule of law and a fundamental guarantee of a
fair trial. A judge shall therefore uphold and
exemplify judicial independence in both its
individual and institutional aspects.
SEC. 1. Judges shall exercise the judicial
function independently on the basis of their
assessment of the facts and in accordance with
a conscientious understanding of the law, free of
any extraneous influence, inducement, pressure,
threat or interference, direct or indirect, from
any quarter or for any reason.
SEC. 2. In performing judicial duties, judges
shall be independent from judicial colleagues in
respect of decisions, which the judge is obliged
to make independently.
SEC. 3. Judges shall refrain from influencing in
any manner the outcome of litigation or dispute
pending before another court or administrative
agency.
SEC. 4. Judges shall not allow family, social, or
other relationships to influence judicial conduct
or judgment. The prestige of judicial office shall
not be used or lent to advance the private
interests of others, nor convey or permit others
to convey the impression that they are in a
special position to influence the judge.
SEC. 5. Judges shall not only be free from
inappropriate connections with, and influence
by, the executive and legislative branches of
government, but must also appear to be free
therefrom to a reasonable observer.
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SEC. 6. Judges shall be independent in relation
to society in general and in relation to the
particular parties to a dispute which he or she
has to adjudicate.
SEC. 7. Judges shall encourage and uphold
safeguards for the discharge of judicial duties in
order to maintain and enhance the institutional
and operational independence of the judiciary.
SEC. 8. Judges shall exhibit and promote high
standards of judicial conduct in order to
reinforce public confidence in the judiciary,
which is fundamental to the maintenance of
judicial independence.
CANON 2
INTEGRITY
Integrity is essential not only to the proper
discharge of the judicial office but also to the
personal demeanor of judges.
SEC. 1. Judges shall ensure that not only is their
conduct above reproach, but that it is perceived
to be so in the view of a reasonable observer.
SEC. 2. The behavior and conduct of judges
must reaffirm the people’s faith in the integrity
of the judiciary. Justice must not merely be done
but must also be seen to be done.
SEC. 3. Judges should take or initiate
appropriate disciplinary measures against
lawyers or court personnel for unprofessional
conduct of which the judge may have become
aware.
CANON 3
IMPARTIALITY
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Impartiality is essential to the proper discharge
of the judicial office. It applies not only to the
decision itself but also to the process by which
the decision is made.
SEC. 1. Judges shall perform their judicial duties
without favor, bias or prejudice.
SEC. 2. Judges shall ensure that his or her
conduct, both in and out of court, maintains and
enhances the confidence of the public, the legal
profession and litigants in the impartiality of the
judge and of the judiciary.
SEC. 3. Judges shall, so far as is reasonable, so
conduct themselves as to minimize the
occasions on which it will be necessary for them
to be disqualified from hearing or deciding
cases.
SEC. 4. Judges shall not knowingly, while a
proceeding is before or could come before them,
make any comment that might reasonably be
expected to affect the outcome of such
proceeding or impair the manifest fairness of the
process. Nor shall judges make any comment in
public or otherwise that might affect the fair trial
of any person or issue.
SEC. 5. Judges shall disqualify themselves from
participating in any proceedings in which they
are unable to decide the matter impartially or in
which it may appear to a reasonable observer
that they are unable to decide the matter
impartially. Such proceedings include, but are
not limited to, instances where
(a) The judge has actual bias or prejudice
concerning a party or personal knowledge of
disputed evidentiary facts concerning the
proceedings;
(b) The judge previously served as a lawyer or
was a material witness in the matter in
controversy;
(c) The judge, or a member of his or her family,
has an economic interest in the outcome of
the matter in controversy;

(d) 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;
(e) The judge’s ruling in a lower court is the
subject of review;
(f) The judge is related by consanguinity or
affinity to a party litigant within the sixth
civil degree or to counsel within the fourth
civil degree; or
(g) The judge knows that his or her spouse or
child has a financial interest, as heir,
legatee, creditor, fiduciary, or otherwise, in
the subject matter in controversy or in a
party to the proceeding, or any other
interest that could be substantially affected
by the outcome of the proceedings;
SEC. 6. A judge disqualified as stated above
may, instead of withdrawing from the
proceeding, disclose on the records the basis of
disqualification. If, based on such disclosure, the
parties and lawyers, independently of the
judge’s participation, all agree in writing that the
reason for the inhibition is immaterial or
unsubstantial, the judge may then participate in
the proceeding. The agreement, signed by all
parties and lawyers, shall be incorporated in the
record of the proceedings.
CANON 4
PROPRIETY
Propriety and the appearance of propriety are
essential to the performance of all the activities
of a judge.
SEC. 1. Judges shall avoid impropriety and the
appearance of impropriety in all of their
activities.
SEC. 2. As a subject of constant public scrutiny,
judges must accept personal restrictions that
might be viewed as burdensome by the ordinary
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NOTES
citizen and should do soSfreely and willingly. In
particular, judges shall conduct themselves in a
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way that is consistent with the dignity of the
judicial office.
SEC. 3. Judges shall, in their personal relations
with individual members of the legal profession
who practice regularly in their court, avoid
situations which might reasonably give rise to
the suspicion or appearance of favoritism or
partiality.
SEC. 4. Judges shall not participate in the
determination of a case in which any member of
their family represents a litigant or is associated
in any manner with the case.
SEC. 5. Judges shall not allow the use of their
residence by a member of the legal profession
to receive clients of the latter or of other
members of the legal profession.
SEC. 6. Judges, like any other citizen, are
entitled to freedom of expression, belief,
association and assembly, but in exercising such
rights, they shall always conduct themselves in
such a manner as to preserve the dignity of the
judicial office and the impartiality and
independence of the judiciary.
SEC. 7. Judges shall inform themselves about
their personal fiduciary and financial interests
and shall make reasonable efforts to be
informed about the financial interests of
members of their family.
SEC. 8. Judges shall not use or lend the prestige
of the judicial office to advance their private
interests, or those of a member of their family
or of anyone else, nor shall they convey or
permit others to convey the impression that
anyone is in a special position improperly to
influence them in the performance of judicial
duties.
SEC. 9. Confidential information acquired by
judges in their judicial capacity shall not be used
or disclosed for any other purpose related to
their judicial duties.
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SEC. 10. Subject to the proper performance of
judicial duties, judges may
(a) Write, lecture, teach and participate in
activities concerning the law, the legal
system, the administration of justice or
related matters;
(b) Appear at a public hearing before an official
body concerned with matters relating to the
law, the legal system, the administration of
justice or related matters;
(c) Engage in other activities if such activities do
not detract from the dignity of the judicial
office or otherwise interfere with the
performance of judicial duties.
SEC. 11. Judges shall not practice law whilst the
holder of judicial office.
SEC. 12. Judges may form or join associations of
judges or participate in other organizations
representing the interests of judges.
SEC. 13. Judges and members of their families
shall neither ask for, nor accept, any gift,
bequest, loan or favor in relation to anything
done or to be done or omitted to be done by
him or her in connection with the performance
of judicial duties.
SEC. 14. Judges shall not knowingly permit court
staff or others subject to their influence,
direction or authority, to ask for, or accept, any
gift, bequest, loan or favor in relation to
anything done or to be done or omitted to be
done in connection with their duties or
functions.
SEC. 15. Subject to law and to any legal
requirements of public disclosure, judges may
receive a token gift, award or benefit as
appropriate to the occasion on which it is made,
provided that such gift, award or benefit might
not reasonably be perceived as intended to
influence the judge in the performance of
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judicial duties or otherwise give rise to an
appearance of partiality.
CANON 5
EQUALITY
Ensuring equality of treatment to all before the
courts is essential to the due performance of the
judicial office.
SEC. 1. Judges shall be aware of, and
understand, diversity in society and differences
arising from various sources, including but not
limited to race, color, sex, religion, national
origin, caste, disability, age, marital status,
sexual orientation, social and economic status
and other like causes.
SEC. 2. Judges shall not, in the performance of
judicial duties, by words or conduct, manifest
bias or prejudice towards any person or group
on irrelevant grounds.
SEC. 3. Judges shall carry out judicial duties
with appropriate consideration for all persons,
such as the parties, witnesses, lawyers, court
staff and judicial colleagues, without
differentiation on any irrelevant ground,
immaterial to the proper performance of such
duties.
SEC. 4. Judges shall not knowingly permit court
staff or others subject to his or her influence,
direction or control to differentiate between
persons concerned, in a matter before the
judge, on any irrelevant ground.
SEC. 5. Judges shall require lawyers in
proceedings before the court to refrain from
manifesting, by words or conduct, bias or
prejudice based on irrelevant grounds, except
such as are legally relevant to an issue in
proceedings and may be the subject of
legitimate advocacy.

CANON 6
COMPETENCE AND DILIGENCE
Competence and diligence are prerequisites to
the due performance of judicial office.
SEC. 1. The judicial duties of a judge take
precedence over all other activities.
SEC. 2. Judges shall devote their professional
activity to judicial duties, which include not only
the performance of judicial functions and
responsibilities in court and the making of
decisions, but also other tasks relevant to the
judicial office or the court’s operations.
SEC. 3. Judges shall take reasonable steps to
maintain and enhance their knowledge, skills
and personal qualities necessary for the proper
performance of judicial duties, taking advantage
for this purpose of the training and other
facilities, which should be made available, under
judicial control, to judges.
SEC. 4. Judges shall keep themselves informed
about relevant developments of international
law, including international conventions and
other instruments establishing human rights
norms.
SEC. 5. Judges shall perform all judicial duties,
including the delivery of reserved decisions,
efficiently, fairly and with reasonable
promptness.
SEC. 6. Judges shall maintain order and
decorum in all proceedings before the court and
be patient, dignified and courteous in relation to
litigants, witnesses, lawyers and others with
whom the judge deals in an official capacity.
Judges shall require similar conduct of legal
representatives, court staff and others subject to
their influence, direction or control.
SEC. 7. Judges shall not engage in conduct
incompatible with the diligent discharge of
judicial duties.
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DEFINITIONS S
In this Code, unless
COMMISSIONS
the context otherwise
permits or requires, the following meanings shall
be attributed to the words used:
“Court staff” includes the personal staff of the
judge including law clerks.
“Judge” means any person exercising judicial
power, however designated.
“Judge’s family” includes a judge’s spouse, son,
daughter, son-in-law, daughter-in-law, and any
other relative by consanguinity or affinity within
the sixth civil degree, or person who is a
companion or employee of the judge and who
lives in the judge’s household.
This Code, which shall hereafter be referred to
as the New Code of Judicial Conduct for the
Philippine Judiciary, supersedes the Canons of
Judicial Ethics and the Code of Judicial Conduct
heretofore applied in the Philippines to the
extent that the provisions or concepts therein
are embodied in this Code: Provided, however,
that in case of deficiency or absence of specific
provisions in this New Code, the Canons of
Judicial Ethics and the Code of Judicial Conduct
shall be applicable in a suppletory character.
This New Code of Judicial Conduct for the
Philippine Judiciary shall take effect on the first
day of June 2004, following its publication not
later than 15 May 2004 in two newspapers of
large circulation in the Philippines to ensure its
widest publicity.
Promulgated this 27th day of April 2004. The
Code took effect on June 1, 2004.
IX. ANNEX “G” RULE 137
DISQUALIFICATION OF JUDICIAL
OFFICERS, THE REVISED RULES OF
COURT IN THE PHILIPPINES
RULE 137
Disqualification of Judicial Officers
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Section 1. Disqualification of judges. — No
judge or judicial officer shall sit in any case in
which he, or his wife or child, is pecuniarily
interested as heir, legatee, creditor or otherwise,
or in which he is related to either party within
the sixth degree of consanguinity or affinity, or
to counsel within the fourth degree, computed
according to the rules of the civil law, or in
which he has been executor, administrator,
guardian, trustee or counsel, or in which he has
been presided in any inferior court when his
ruling or decision is the subject of review,
without the written consent of all parties in
interest, signed by them and entered upon the
record.
A judge may, in the exercise of his sound
discretion, disqualify himself from sitting in a
case, for just or valid reasons other than those
mentioned above.
Section 2. Objection that judge disqualified,
how made and effect. — If it be claimed that an
official is disqualified from sitting as above
provided, the party objecting to his competency
may, in writing, file with the official his
objection, stating the grounds therefor, and the
official shall thereupon proceed with the trial, or
withdraw therefrom, in accordance with his
determination of the question of his
disqualification. His decision shall be forthwith
made in writing and filed with the other papers
in the case, but no appeal or stay shall be
allowed from, or by reason of, his decision in
favor of his own competency, until after final
judgment in the case.
XI. ANNEX “H” RULE 140 DISCIPLINE OF
JUDGES OF REGULAR AND SPECIAL
COURTS AND JUSTICES OF THE
COURT OF APPEALS AND THE
SANDIGANBAYAN, THE REVISED
RULES OF COURT IN THE
PHILIPPINES AS AMENDED BY ADM.
MEMO. 01-8-10-SC (2011)
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RULE 140
DISCIPLINE OF JUDGES OF REGULAR AND
SPECIAL COURTS AND JUSTICES OF THE
COURT OF APPEALS AND THE
SANDIGANBAYAN
SECTION 1. How instituted. - Proceedings
for the discipline of judges of regular and special
courts and Justices of the Court of Appeals and
the Sandiganbayan may be instituted motu
proprio by the Supreme Court or upon a verified
complaint, supported by affidavits of person who
have personal knowledge of the facts alleged
therein or by documents which may substantiate
said allegations, or upon an anonymous
complaint, supported by public records of
indubitable integrity. The complaint shall be in
writing and shall state clearly and concisely the
acts and omissions constituting violations of
standards of conduct prescribed for Judges by
law, the Rules of Court, or the Code of Judicial
Conduct.
SEC. 2. Action on the complaint. - If the
complaint is sufficient in form and substance, a
copy thereof shall be served upon the
respondent, and he shall be required to
comment within ten (10) days from the date of
service. Otherwise, the same shall be dismissed.
SEC. 3. By whom complaint investigated. -
Upon the filing of the respondent's comment, or
upon the expiration of the time for filing the
same and unless other pleadings or documents
are required, the Court shall refer the matter to
the Office of the Court Administrator for
evaluation, report, and recommendation or
assign the case for investigation, report, and
recommendation to a retired member of the
Supreme Court, if the respondent is a Justice of
the Court of Appeals and the Sandiganbayan, or
to a Justice of the Court of Appeals, if the
respondent is a Judge of a Regional Trial Court
or of a special court of equivalent rank, or to a
Judge of the Regional Trial Court if the
respondent is a Judge of an inferior court.

SEC. 4. Hearing. - the investigating Justice or
Judge shall set a day of the hearing and send
notice thereof to both parties. At such hearing
the parties may present oral and documentary
evidence. If, after due notice, the respondent
fails to appear, the investigation shall
proceed ex parte.
The Investigating Justice or Judge shall
terminate the investigation within ninety (90)
days from the date of its commencement or
within such extension as the Supreme Court
may grant.
SEC. 5. Report. - Within thirty (30) days from
the termination of the investigation, the
investigating Justice or Judge shall submit to the
Supreme Court a report containing findings of
fact and recommendation. The record containing
the evidence and the pleadings filed by the
parties shall accompany the report. The report
shall be confidential and shall be for the
exclusive use of the Court.
SEC. 6. Action. - The Court shall take such
action on the report as the facts and the law
may warrant.
SEC. 7. Classification of charges. -
Administrative charges are classified as serious,
less serious, or light.
SEC. 8. Serious charges. - Serious charges
include:
1. Bribery, direct or indirect;
Anti-Graft
2. Dishonesty and violations of the
and Corrupt Practices Law (R.A. No.
3019);
3. Gross misconduct constituting violations of
the Code of Judicial Conduct;
4. Knowingly rendering an unjust judgment or
order as determined by a competent court
in an appropriate proceeding;
5. Conviction of a crime involving moral
turpitude;
6. Willful failure to pay a just debt;
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7. Borrowing money orSproperty from lawyers
and litigants in a case pending before the
court;
COMMISSIONS
8. Immorality;
9. Gross ignorance of the law or procedure;
10. Partisan political activities; and
11. Alcoholism and/or vicious habits.
SEC. 9. Less Serious Charges. - Less serious
charges include:
1. Undue delay in rendering a decision or order,
or in transmitting the records of a case;
2. Frequently and unjustified absences without
leave or habitual tardiness;
3. Unauthorized practice of law;
4. Violation of Supreme Court rules, directives,
and circulars;
5. Receiving additional or double compensation
unless specifically authorized by law;
6. Untruthful statements in the certificate of
service; and
7. Simple Misconduct.
SEC. 10. Light Charges. - Light charges
include:
1. Vulgar and unbecoming conduct;
2. Gambling in public;
3. Fraternizing with lawyers and litigants with
pending case/cases in his court; and
4. Undue delay in the submission of monthly
reports.
SEC. 11. Sanctions. - A. If the respondent is
guilty of a serious charge, any of the following
sanctions may be imposed:
1. Dismissal from the service, forfeiture of all or
part of the benefits as the Court may
determine, and disqualification from
reinstatement or appointment to any public
office, including government-owned or
controlled corporations. Provided, however,
that the forfeiture of benefits shall in no case
include accrued leave credits;
2. Suspension from office without salary and
other benefits for more than three (3) but
not exceeding six (6) months; or
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3. A fine of more than P20,000.00 but not
exceeding P40,000.00
B. If the respondent is guilty of a less serious
charge, any of the following sanctions shall
be imposed:
1. Suspension from office without salary and
other benefits for not less than one (1)
nor more than three (3) months; or
2. A fine of more than P10,000.00 but not
exceeding P20,000.00.
C. If the respondent is guilty of a light charge,
any of the following sanctions shall be
imposed:
1. A fine of not less than P1,000.00 but not
exceeding P10,000.00 and/or
2. Censure;
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3. Reprimand;
4. Admonition with warning.
SEC. 12. Confidentiality of proceedings. -
Proceedings against Judges of regular and
special courts and Justices of the Court of
Appeals and the Sandiganbayan shall be private
and confidential, but a copy of the decision or
resolution of the court shall be attached to the
record of the respondent in the Office of the
Court Administrator.
These amendments to Rule 140 shall take effect
on October 1, 2001 following their publication in
two newspapers of general circulation on or
before September 15, 2001.
September 11, 2001, Manila.