LEGAL AND JUDICIAL ETHICS – FINAL EXAM times a high standard of legal proficiency and morality, including

honesty, integrity and fair dealing.

Xandredg Sumpt L. Latog
c. Profession, Not a Business
I Law as a profession, not a business or trade It is a
LEGAL ETHICS profession, not business; it is an essential part in the administration
of justice, a profession in pursuit of which pecuniary reward is
A. PRACTICE OF LAW considered as merely incidental. It is not a moneymaking venture.
The following are the primary characteristics which
1. Basic Concepts distinguish the legal profession from a business:

a. Definition of Practice of Law (i) Duty of service, of which the emolument is a

In Cayetano v. Monsod, the Court held that practice of by-product;
law means any activity, in or out of court, which requires the (ii) A relation as an 'Officer of court' to the
application of law, legal procedure, knowledge, training and administration of justice involving thorough
experience. Generally, to practice law is to render any kind of sincerity, integrity and reliability;
service which requires the use of legal knowledge or skill [Aguirre (iii) A relation to clients in the Highest degree of
v. Rana]. fiduciary;
The purpose is to protect the public, the court, the client (iv) A Relation to colleagues at the bar
and the bar from the incompetence or dishonesty of those characterized by candor, fairness and
unlicensed to practice law and not subject to the disciplinary unwillingness to resort to current business
control of the court [Phil. Assoc. of Free Labor Union v. methods of advertising and encroachment on
Binalbagan Isabela Sugar]. their practice or dealing with their clients
Examples of Practice of Law are:
2. Qualifications for Admission to the Bar (Rule
(i) Legal advice and instructions to clients to 138)
inform them of their rights and obligations
(ii) Preparation for clients of documents requiring Section 1. Who may practice law. — Any person
knowledge of legal principles not possessed by heretofore duly admitted as a member of the bar, or hereafter
ordinary laymen admitted as such in accordance with the provisions of this rule,
(iii) Appearance for clients before public tribunals, and who is in good and regular standing, is entitled to practice
whether, administrative, quasi- judicial or law.
legislative agency.
Section 2. Requirements for all applicants for admission to the
The following are are some factors determinative of bar. — Every applicant for admission as a member of the bar must be a
engaging in the practice of law (HACA): 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
(i) Habituality implies customarily or habitually
character, and that no charges against him, involving moral turpitude,
holding oneself out to the public as a lawyer have been filed or are pending in any court in the Philippines.
[People v. Villanueva];
(ii) Attorney-client relationship;
Section 5. Additional requirements for other applicants. - All
(iii) Compensation implies that one must have applicants for admission other than those referred to in the two
presented himself to be in the active practice preceding sections, shall before being admitted to the examination,
and that his professional services are available satisfactorily show that they have successfully completed all the
to the public for compensation, as a source of presribed courses for the degree of Bachelor of Laws or its equivalent
his livelihood or in consideration of his said degree, in a law school or university officially recognized by the
services; Philippine Government or by the proper authority in the foreign
jurisdiction where the degree has been granted.
(iv) Application of law, legal principle, practice, or
No applicant who obtained the Bachelor of Laws degree in
procedure calls for legal knowledge, training
this jurisdiction shall be admitted to the bar examination unless he or
and experience [Cayetano v. Monsod]. she has satisfactorily completed the following course in a law school or
university duly recognized by the government: civil law, commercial
b. Privilege law, remedial law, criminal law, public and private international law,
Practice of law is merely a privilege, not a right The political law, labor and social legislation medical jurisprudence,
practice of law is not a matter of right but merely a privilege taxation, legal ethics and clinical legal education program.
bestowed upon individuals who are not only learned in the law but A Filipino citizen who graduated from a foreign law school
shall be admitted to the bar examination only upon submission to the
who are also known to possess good moral character.
Supreme Court of certifications showing: (a) completion of all courses
The privilege to practice law is bestowed only upon
leading to the degree of Bachelor of Laws or its equivalent degree; (b)
individuals who are competent intellectually, academically and, recognition or accreditation of the law school by the proper authority;
equally important, morality. As such lawyers must at all times and (c) completion of all the fourth year subjects in the Bachelor of
conduct themselves, especially in their dealings with their clients Laws academic program in a law school duly recognized by the
and the public at large, with honesty and integrity in a manner Philippine Government.
beyond reproach.
The practice of law is a privilege bestowed only to those A bachelor's degree alone, conferred by a law school
who show that they possess and continue to possess the legal upon completion of certain academic requirements, does not entitle
qualifications for it indeed, lawyers are expected to maintain at all its holder to exercise the legal profession [Cui v. Cui].

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 It is the sworn duty of this Court not only to weed out” fraternity hazing which resulted in the death of Raul Camaligan.
lawyers who have become a disgrace to the noble profession of the While his application for probation was granted and he was
law but, also of equal importance, to prevent “misfits” from taking allowed to take the 1993 bar examinations (which he passed), his
the lawyer’s oath. The Court recognized that X, although convicted petition to take the Lawyer's Oath and to sign the Roll of Attorneys
in a criminal case, is not inherently of bad moral fiber. Various was denied. The Supreme Court eventually allowed him to take the
certifications show that he is morally fit to be a lawyer and is Lawyer's Oath when he presented proof of the required moral
thereby allowed to take the lawyer’s oath [In Re; Argosino]. character.
X, while not yet a lawyer, appeared as counsel for a In the case of Villareal vs. People, Lenny Villa was
candidate in a local elections and even signed a pleading discovered to have died during the initiation rites of the Aquila
representing himself as a lawyer. Possession of moral integrity is of Legis fraternity. Of the thirty-five (35) accused and charged for his
greater importance than possession of legal learning. The practice death, five were found guilty beyond reasonable doubt of reckless
of law is a privilege bestowed only on the morally fit. A bar imprudence resulting in homicide. They were ordered to serve a
candidate who is morally unfit cannot practice law even if he maximum term of 4 years and 2 months of prision correctional.
passes the bar examinations [Aguirre v. Rana].
b. Citizenship
a. Who May Use the Title “Atty.” The practice of all professions in the Philippines shall be
The term “attorney” is reserved for those who pass the limited to Filipino citizens, save in cases prescribed by law.
Philippine Bar. Those who only took and passed the Shari’a Bar Being a Filipino citizen is a "continuing requirement" for
cannot use it [Alawi v. Alauya]. law practice in the Philippines, and the loss of it automatically
The unauthorized use of the appellation "attorney" may means the termination of that privilege [Petition to Resume
render a person liable for indirect contempt of court [In re: Petition Practice of Law of Dacanay].
to take the bar]. A Filipino lawyer who became a citizen of another
The title ‘attorney’ is reserved to those who: country and later reacquired Filipino citizenship under R.A. No.
9225 remains a member of the Philippine Bar.
(i) Have obtained the necessary degree in the However, the right to resume the practice of law is not
study of law; automatic. R.A. No. 9225 provides that a person reacquiring
(ii) Have passed the Philippine bar exams; Filipino citizenship, who intends to practice law in the Philippines,
(iii) Have been administered the Lawyer’s Oath; must apply with the Office of the Bar Confidant for a license or
(iv) Have signed the Roll of Attorneys; permit to engage in such practice, together with the following
(v) Have been admitted to the IBP; and 6. Remain requirements:
members of the IBP in good standing.
(i) Petition for reacquisition of Philippine
X failed to sign in the Roll of Attorneys allegedly citizenship;
because he had misplaced the Notice to Sign the Roll of Attorneys (ii) Order for reacquisition of Philippine
given by the Bar Office when he went home to his province for a citizenship;
vacation. Only after several years of practice did he discover the (iii) Oath of Allegiance to the Republic of the
Notice and realized that he had failed to sign the roll. Practicing Philippines;
law while failing to sign the Roll of Attorneys will make the (iv) Identification Certificate (IC) issued by the
offender guilty of unauthorized practice of law [In Re: Petition to Bureau of Immigration;
Sign in the Roll of Attorneys]. (v) Certificate of Good Standing issued by the
IBP;
3. Continuing Requirements for Membership in the (vi) Certification from the IBP indicating updated
Bar payments of annual membership dues;
(vii) Proof of payment of professional tax; and,
a. Good Moral Character (viii) Certificate of compliance issued by the MCLE
The court has defined good moral character as Office;
“something more than an absence of bad character. It is the good (ix) Retaking of the lawyer’s oath [In Re: Petition
name, which, the applicant has acquired, or should have acquired, to Re-acquire the Privilege to Practice Law in
through association with his fellows. It means that he must have the Philippines].
conducted himself as a man of upright character ordinarily would,
or should, or does. Such character expresses itself in the will to do 4. Appearance of Non-Lawyers
the unpleasant thing if it is right, and the resolve not to do the
pleasant thing if it is wrong [In Re: Al C. Argosino]. a. Law Student Practice (Rule 138-A as
The non-disclosure of pending criminal cases in one's amended by A.M. No. 19-03-24-SC, June
petition to take the bar examinations is an act of concealment 25, 2019)
which constitutes dishonesty and speaks of the petitioner’s lack of
the requisite good moral character. It is also violative of Rule 7.01 Section 4. Practice Areas of Law Student Practitioners. -
of the Code of Professional Responsibility, which states that “a Subject to the supervision and approval of a supervising lawyer, a
lawyer shall be answerable for knowingly making a false statement certified law student practitioner may:
or suppressing a material fact in connection with his application for For Level 1 Certification:
(1) Interview prospective clients;
admission to the bar.” The merit of the cases against the petitioner
(2) Give legal advice to the client;
is immaterial [In the Matter of the Disqualification of Bar (3) Negotiate for and on behalf of the client;
Examinee Haron S. Meling in the 2002 Bar Examinations]. (4) Draft legal documents such as affidavits, compromise
In the case of In re Al C. Argosino, petitioner Argosino, agreements, contracts, demand letter, position papers, and the like;
along with 13 other individuals, was convicted of reckless (5) Represent eligible parties before quasi-judicial or
imprudence resulting in homicide due to his involvement in the administrative bodies;

Page 2 of 38
 (6) Provide public legal orientation; and and an affidavit duly executed by the party represented stating the
(7) Assist in public interest advocacies for policy formulation reasons why such person was authorized. (Sec. 11(b), Rule 3, 2011
and implementation. Revised Rules of Procedure of the HLURB, Res. No. 871)
For Level 2 Certification
(1) Perform all activities under Level 1 Certification;
d. Proceedings Where Lawyers are Prohibited
(2) Assist in the taking of depositions and/or preparing
judicial affidavits of witnesses;
From Appearing
(3) Appear on behalf of the client at any stage of the
proceedings or trial, before any court, quasi-judicial or administrative (i) Small claims (The Rule of Procedure for Small
body; Claims Cases, A.M. 08-8-7-SC) except when the
( 4) In criminal cases, subject to the provisions of Section 5, lawyer himself is the plaintiff or defendant, but
Rule 110 of the Rules of Court, to appear on behalf of a government under no circumstances can he appear as a
agency in the prosecution of criminal actions; and representative or attorney-in-fact of the party;
(5) In appealed cases, to prepare the pleadings required in
(ii) Katarungang Pambarangay proceedings;
the case.
(iii) Lawyers who are members of Congress are
prohibited from appearing before any court of
b. Non-Lawyers in Courts
justice, before the Electoral Tribunals, and quasi-
judicial and other administrative bodies (PHIL.
(i) Right to self-representation: In cases before the
CONST. art. VI, Sec. 14);
MTC, a non-lawyer may represent himself as a
(iv) Proceedings which involve a conflict of interest for
party to the litigation in person. A fourth year
the lawyer [Mejia v. Reyes].
law student may seek to enter his appearance
for and on his own behalf as plaintiff in a civil
case NOT because of Rule 138-A but because
5. Prohibited Practice of Non-lawyers and
of Sec. 34 of Rule 138 [Cruz v. Mijares].
Appearance Without Authority
(ii) Rule 138, Sec. 34 also allows a non-lawyer to
A lawyer who appears without proper authority from a
represent his friend before the MTC.
client is liable for contempt as an officer of the court who
(iii) In criminal cases before the MTC in a locality
misbehaved in his official transactions. (Rule 138, Sec. 25, ROC)
where a duly licensed member of the Bar is not
A member of the bar may be removed or suspended from
available, the judge may appoint a non-lawyer
his office as attorney by the Supreme Court for corruptly or willful
who is (1) a resident of the province (2) of
appearing as an attorney for a party to a case without authority so
good repute for probity and ability to aid the
to do. (Rule 138, Sec. 27, ROC)
accused in his defense. (Sec. 7, Rule 116,
ROC)
6. Public Officials and the Practice of Law
(iv) They may also appear before the Cadastral
Court. (Sec. 9, Cadastral Act, Act No. 2259)
a. Prohibitions or Disqualifications of Former
Government Attorneys
A person can represent himself in criminal cases, except
in criminal cases involving grave and less grave offenses, an
CANON 6 - THESE CANONS SHALL APPLY TO
accused who is a layman must always appear by counsel. He LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE
cannot conduct his own defense, as his right to counsel may not be OF THEIR TASKS.
waived without violating his right to due process of law [People v.
Holgado]. 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
c. Non-Lawyers in Administrative Tribunals suppression of facts or the concealment of witnesses capable of
and Labor Tribunals establishing the innocence of the accused is highly reprehensible and is
cause for disciplinary action.
(i) Non-Lawyers before the DARAB
A non-lawyer may represent a party before the Rule 6.02 - A lawyer in the government service shall not use
Department of Agrarian Reform Adjudication Board (DARAB). his public position to promote or advance his private interests, nor
(Rule VIII, Sec. 1, 2009 DARAB Rules of Procedure) allow the latter to interfere with his public duties.

(ii) Non-lawyers before the NLRC or Rule 6.03 - A lawyer shall not, after leaving government
LA service, accept engagement or employment in connection with any
Non-lawyers may also appear before the NLRC or any matter in which he had intervened while in said service.
Labor Arbiter if (1) they represent themselves, (2) they represent
their organization or members thereof or (3) they are duly b. Public Officials Who Cannot Practice Law
accredited members of any legal aid office duly recognized by the or Can Practice Law With Restrictions
DOJ or the IBP in cases referred to the latter. (Art. 222, Labor Public officials and employees are prohibited from
Code, P.D. 442, as amended) engaging in the private practice of law during their term.
Exception: If authorized by the Constitution or law, and
(iii)
Procedure when non-lawyers provided such practice shall not interfere in the performance of his
represent a party before the duties. (R.A. 6713, Sec. 7(b)
HLURB Lawyers in government service cannot handle private
Non-lawyers may also appear before the HLURB. A cases for they are expected to devote themselves full-time to the
non-lawyer who represents a party shall attach to the pleading a work of their respective offices [Ramos v. Imbang].
special power of attorney authorizing such person to file the case Although the Commission allows CHR lawyers to
engage in private practice, a written request and approval thereof,
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with a duly approved leave of absence for that matter are
indispensable. [Yumol v. Ferrer]. The lawyer's oath is not a mere ceremony or formality
for practicing law. Every lawyer should at all times weigh his
7. Lawyers Authorized to Represent the actions according to the sworn promises he makes when taking the
Government (Rule 138) lawyer's oath. If all lawyers conducted themselves strictly
according to the lawyer's oath and the Code of Professional
Section 33. Standing in court of person authorized to appear Responsibility, the administration of justice will undoubtedly be
for Government. — Any official or other person appointed or faster, fairer and easier for everyone concerned [In re: Argosino].
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 B. DUTIES AND RESPONSIBILITIES OF A LAWYER
bar to appear in any case in which said government has an interest
UNDER THE CODE OF PROFESSIONAL
direct or indirect.
RESPONSIBILITY
It is the Office of the Solicitor General (Sol. Gen.) that 1. To Society
represents the government in cases involving or affecting it. For
cases involving government-owned or controlled corporations a. Respect for Law and Legal Processes
(GOCCs), it is generally the Office of the Government Corporate
Counsel (OGCC) that appears.
CANON 1 - A LAWYER SHALL UPHOLD THE
The following are the exceptions: CONSTITUTION, OBEY THE LAWS OF THE LAND AND
PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.
(i) Municipal Legal Officer — However, the OSG
cannot be directed to file a pleading on behalf Freedom of speech and of expression, like all
of a Municipality. Based on Sec. 481(b)(3)(i) constitutional freedoms, is not absolute and that freedom of
of the Local Government Code, it is the expression needs on occasion to be adjusted to and accommodated
municipal legal officer, or in the absence of with the requirements of equally important public interests. One
one, the provincial attorney, who must of these fundamental public interests is the maintenance of the
represent a municipality in court cases. Being a integrity and orderly functioning of the administration of justice
special law on the issue of representation in [Zaldivar v. Gonzales].
court that is exclusively made applicable to The responsibility of a ‘public’ lawyer (such as Special
LGUs, the LGC must prevail over the Prosecutor), who owes duties of fidelity and respect to the
provisions of the Administrative Code defining Republic and to the Supreme Court as the embodiment and the
the duties and responsibilities of the OSG repository of the judicial power in the government of the Republic,
[OSG v. Court of Appeals]. to uphold the dignity and authority of the Supreme Court and not to
(ii) Deputized Agent — The Sol. Gen. may promote distrust in the administration of justice is heavier than that
deputize other government officials in the of a private practicing lawyer [Ibid].
prosecution of its cases. In such cases, notice to
the deputized agent will not bind the Sol. Gen. (i) Unlawful, Dishonest, Immoral, Deceitful
until notice is actually received by the Sol. Conduct
Gen. But when a government agency which the
Sol. Gen. is tasked to represent appears through Rule 1.01 - A lawyer shall not engage in unlawful, dishonest,
its internal counsel, then notice to such internal immoral or deceitful conduct.
counsel is deemed notice to the Solicitor
General [Commissioner of Customs v. Court of An unlawful conduct is act or omission which is against
Appeals]. the law. It is a transgression of any provision of law, which need
(iii) Private Lawyer hired by GOCC — A GOCC not be penal. [Re: Report on the Financial Audit Conducted on the
may also engage the services of a private Books of Accounts of Atty. Kho].
lawyer, provided that the following An act or omission which is against the law. The law
indispensable conditions are met: (a) private transgressed or violated need not be a penal law. The presence of
counsel can only be hired in exceptional cases; evil intent on the part of the lawyer is not essential in order to bring
(b) the GOCC must first secure the written his act or omission within the terms of this Rule [Samson v.
conformity and acquiescence of the Sol. Gen. Restrivera].
or the OGCC, as the case may be; and (c) the
written concurrence of the COA must also be Dishonest act
secured [Vargas, et al. v. Ignes]. A dishonest act is an act which characterizes the absence
of integrity; a disposition to cheat, deceive, defraud, or betray.
8. Lawyer’s Oath [Balasbas v. Monayao].

I, do solemnly swear that I will maintain allegiance to the Immoral or deceitful conduct
Republic of the Philippines, I will support the Constitution and obey
Conduct that involves moral turpitude, and includes acts
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; done contrary to justice, modesty or good morals amongst others
I will not wittingly or willingly promote or sue any groundless, false or [In re: Basa].
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 Grossly immoral conduct
the best of my knowledge and discretion, with all good fidelity as well Conduct which is willful, flagrant, or shameless and
to the courts as to my clients; and I impose upon myself these voluntary which shows a moral indifference to the opinion of the good and
obligations without any mental reservation or purpose of evasion. So respectable members of the community [Arciga v. Maniwag].
help me God.
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 It is so corrupt and false as to constitute a criminal act or Moral character v. good reputation
so unprincipled or disgraceful as to be reprehensible to a high Moral character is the objective reality of what a person
degree [Reyes v. Wong]. really is while good reputation is the opinion of the public
Examples of Grossly Immoral Acts: generally entertained of a person or the estimate in which he is held
by the public where he is known [Royong v. Oblrna].
 Wanton disregard for the sanctity of marriage as
shown when the lawyer pursued a married woman (ii) Illegal Activities
and thereafter cohabited with her [Guevarra v.
Eala] Rule 1.02 - A lawyer shall not counsel or abet activities
 Rape of a neighbor’s wife, which constitutes aimed at defiance of the law or at lessening confidence in the legal
serious moral depravity, even if his guilt was not system.
proved beyond reasonable doubt in the criminal
prosecution for rape [Calub v. Suller] The promotion of organizations, with knowledge of their
 Obtaining money from a client, without rendering objectives, for the purpose of violating or evading the laws
proper legal services, and appropriating the constitutes to malpractice of gross misconduct in his office [In re:
proceeds of the insurance policies of the client’s Terrell].
deceased husband [Freeman v. Zenaida]
 Falsifying documents [Cobalt Resources, Inc. v. The Supreme Court does not claim infallibility; it will
Aguardo]. not denounce criticism made by anyone against the Court for, if
 The issuance of checks without sufficient funds to well-founded, can truly have constructive effects in the task of the
cover the same. [Aca v. Salvado, A.C. No. No. Court, but it will not countenance any wrongdoing nor allow the
10952, (2016)] erosion of our people’s faith in the judicial system, let alone, by
those who have been privileged by it to practice law in the
Examples of Acts Not Considered Grossly Immoral Philippines [Estrada v. Sandiganbayan].
A lawyer should advise his client to uphold the law, not
to violate or disobey it. Conversely, he should not recommend to
 Mere intimacy between a man and a woman, both of
his client any recourse or remedy that is contrary to law, public
whom possess no impediment to marry,
policy, public order, and public morals [Coronel v. Cunanan].
voluntarily carried and devoid of deceit on the part
of the respondent, even if a child was born out of
(iii) Acts with Corrupt Motives
wedlock of such relationship; it may suggest a
doubtful moral character but not grossly immoral
Rule 1.03 - A lawyer shall not, for any corrupt motive or
[Figueroa v. Barranco]
interest, encourage any suit or proceeding or delay any man's cause.
 Stealing a kiss from a client [Advincula v.
Macabata]
Barratry or “Maintenance”: the offense of inciting or
 Making sexual advances towards a client, but
stirring up quarrels, litigation or groundless lawsuits, either at law
stopping right after the client refused such advances
or otherwise [Bouvier]
[Roa v Moreno].
 Although siring a child with a woman other than his
legitimate wife constituted immorality, he Ambulance-chasing
committed the immoral conduct when he was not Unethical practice of inducing personal injury victims to
yet a lawyer. The degree of his immoral conduct bring suits. The practice of lawyers in frequenting hospitals and
was not as grave than if he had committed the homes of the injured to convince them to go to court.
immorality when already a member of the Accident-site solicitation of any kind of legal business by
Philippine Bar [Advincula v. Advincula]. laymen employed by an attorney for the purpose or by the attorney
himself.
Moral turpitude Supports perjury, the defrauding of innocent persons by
Anything which is done contrary to justice, honesty, judgments, upon manufactured causes of actions and the
modesty or good morals (Rule 138, Sec. 27, Rules of Court), or to defrauding of injured persons having proper causes of action but
any act of vileness, baseness or depravity in the private and social ignorant of legal rights and court procedure.
duties that a man owes his fellowmen or to society, contrary to the A lawyer’s conduct of vindictiveness is a decidedly
accepted rule of right and duty between man and man [In re undesirable trait especially when one resorts to using the court not
Gutierrez]. The presence of evil intent on the part of the lawyer is to secure justice but merely to exact revenge warrants his
not essential in order to bring his act or omission within the terms dismissal from the judiciary [Saburnido v. Madrono].
of Rule 1.01 which specifically prohibits lawyers from engaging in
unlawful conduct [Re: Financial Audit of Atty. Raquel G. Kho]. Ambulance Barratry
When Atty. X attempted to purchase illegal drugs, a Chasing
question affecting his standing as an attorney of law arose. Atty. X Refers to Refers to any
argued that the act complained of was not committed in the personal injury action
exercise of his profession and therefore cannot constitute a ground
for disciplinary action. However, the Supreme Court ruled Refers to cases Refers to suits
otherwise: As good character is an essential qualification for brought before
admission of an attorney to practice, when the attorney’s character before judicial judicial or non-
is bad in such respects as to show he is unsafe and unfit to be bodies judicial bodies
entrusted with the powers of an attorney, the court retains the
power to discipline him [Piatt v. Abordo].

Page 5 of 38
 A lawyer is not prohibited from engaging in business or
(iv) Duty to Encourage Clients to Avoid or other lawful occupation. Impropriety arises, though, when the
Settle Controversy business is of such a nature or is conducted in such a manner as to
be inconsistent with the lawyer’s duties as a member of the bar.
Rule 1.04 - A lawyer shall encourage his clients to avoid, end This inconsistency arises when the business is one that can readily
or settle a controversy if it will admit of a fair settlement. lend itself to the procurement of professional employment for the
lawyer; or that can be used as a cloak for indirect solicitation on the
It is the duty of a counsel to advise his client, ordinarily a lawyer’s behalf; or is of a nature that, if handled by a lawyer,
layman to the intricacies and vagaries of the law, on the merit or would be regarded as the practice of law [Villatuya v.
lack of merit of his case. If he finds that his client's cause is Tabalingcos].
defenseless, then it is his bounden duty to advise the latter to The best advertising possible for a lawyer is a well-
acquiesce and submit, rather than traverse the incontrovertible. A merited reputation for professional capacity and fidelity to trust,
lawyer must resist the whims and caprices of his client, and temper which must be earned as the outcome of character and conduct.
his client’s propensity to litigate. A lawyer's oath to uphold the Good and efficient service to a client as well as to the community
cause of justice is superior to his duty to his client; its primacy is has a way of publicizing itself and catching public attention. That
indisputable [Castaneda v. Ago]. publicity is a normal by-product of effective service which is right
and proper. A good and reputable lawyer needs no artificial
b. Efficient and Convenient Legal Services stimulus to generate it and to magnify his success [Ulep v. The
Legal Clinic, Inc].
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL
SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT The following are considered permissible
MANNER COMPATIBLE WITH THE INDEPENDENCE, advertisements: (Yellow Legal RACE):
INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.
 Yellow pages/telephone directories containing
(i) Requirements for Refusal to Render the firm name, addresses and contact numbers
Service  Advertisements or announcement in any Legal
publication, including books, journals, and
Rule 2.01 - A lawyer shall not reject, except for valid legal magazines.
reasons, the cause of the defenseless or the oppressed.
 Reputable law lists, in a manner consistent with
the standards of conduct imposed by the
Rule 2.02 - In such cases, even if the lawyer does not accept a canons, of brief biographical and informative
case, he shall not refuse to render legal advice to the person concerned
data, are allowed [Ulep v. Legal Clinic, Inc].
if only to the extent necessary to safeguard the latter's rights.
 A simple Announcement of the opening of a
law firm or of changes in the partnership,
Membership in the bar is a privilege burdened with
associates, firm name or office address, being
conditions. It could be that for some lawyers, especially the
for the convenience of the profession, is not
neophytes in the profession, being appointed counsel de oficio is an
objectionable (Id.)
irksome chore. For those holding such belief, it may come as a
 Ordinary simple professional Card. It may
surprise that counsel of repute and of eminence welcome such an
contain only a statement of his name, the name
opportunity. It makes even more manifest that law is indeed a
of the law firm which he is connected with,
profession dedicated to the ideal of service and not a mere trade. It
address, telephone number and the special
is understandable then why a high degree of fidelity to duty is
branch of law practiced (Id.)
required of one so designated [Ledesma v. Climaco].
 Advertisements or simple announcement of the
(ii) Solicitation of Legal Business Existence of a lawyer or his law firm posted
anywhere it is proper such as his place of
business or residence except courtrooms and
Rule 2.03 - A lawyer shall not do or permit to be done any
act designed primarily to solicit legal business. government buildings.

A lawyer cannot, without violating the ethics of his

Time and time again, lawyers are reminded that the
practice of law is a profession and not a business; lawyers should profession, advertise his talents or skills as in a manner similar to a
merchant advertising his goods. Further, the advertisements of
not advertise their talents as merchants advertise their wares. To
allow a lawyer to advertise his talent or skill is to commercialize “The Legal Clinic” seem to promote divorce, secret marriage,
bigamous marriage, and other circumventions of law which their
the practice of law, degrade the profession in the public’s
estimation and impair its ability to efficiently render that high experts can facilitate, that are highly reprehensible [Ulep v. The
Legal Clinic].
character of service to which every member of the bar is called
[Linsangan v. Tolentino].
(iii) Rates Charged for Service
A well-known lawyer has been engaged to run a program
in which he encourages indigent party litigants to consult him free
of charge about their legal problems over a radio and television Rule 2.04 - A lawyer shall not charge rates lower than those
customarily prescribed unless the circumstances so warrant.
network. Has he violated any ethical rules? – YES, as it involves
indirect advertising and solicitation and is likewise violative of the
confidentiality of lawyer-client relationship. His act may also be c. True, Honest, Fair, Dignified and Objective
considered as a form of self-praise hence subject to discipline [In Information on Legal Services
re: Tagorda].
CANON 3 - A LAWYER IN MAKING KNOWN HIS
LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR,

Page 6 of 38
DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT Rule 3.04 - A lawyer shall not pay or give anything of value
OF FACTS. to representatives of the mass media in anticipation of, or in return for,
publicity to attract legal business.
(i) Prohibition Against the Use False
Statement Regarding Qualifications or It is bad enough to have such undue publicity when a
Legal Services criminal case is being investigated by the authorities, even when it
is being tried in court; but when said publicity and sensationalism
Rule 3.01 - A lawyer shall not use or permit the use of any is allowed, even encouraged, when the case is on appeal and is
false, fraudulent, misleading, deceptive, undignified, self-laudatory or pending consideration by this Tribunal, the whole thing becomes
unfair statement or claim regarding his qualifications or legal services. inexcusable, even abhorrent, and this Court, in the interest of
justice, is constrained and called upon to put an end to it and a
A lawyer may not properly publish his brief biographical deterrent against its repetition by meting an appropriate
and informative data in a daily paper, magazine, trade journal or disciplinary measure, even a penalty to the one liable [Cruz v.
society program in order to solicit legal business. A paid Salva].
advertisement in the newspaper which reads, “Annulment of
Marriage Specialist” is also prohibited [Khan v. Simbillo] d. Participation in the Improvement and
The use of a card containing “As a notary public, he can Reforms in the Legal System
execute for you a deed of sale, can renew lost documents and can
make your application for homestead and execute any kind of CANON 4 - A LAWYER SHALL PARTICIPATE IN THE
affidavit. As a lawyer, he can help you collect your loans as well as DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR
any complaint for or against you.” is a form of prohibited SUPPORTING EFFORTS IN LAW REFORM AND IN THE
advertisement. [In re: Tagorda]. IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.

Entering into other businesses e. Participation in Legal Education Program

For it to constitute as inconsistent with the lawyer’s
profession, it is advisable that they be entirely separate and apart CANON 5 - A LAWYER SHALL KEEP ABREAST OF
such that a layman could distinguish between the two functions. LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING
LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO
ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS
The lawyer must make it clear to his client whether he is IN THE PRACTICAL TRAINING OF LAW STUDENTS AND
acting as a lawyer or in another capacity. ASSIST IN DISSEMINATING THE LAW AND JURISPRUDENCE.

(ii) Choice of Firm Name f. Lawyers in Government Service Discharging

Their Tasks
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
CANON 6 - THESE CANONS SHALL APPLY TO
deceased partner is permissible provided that the firm indicates in all
LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE
its communications that said partner is deceased.
OF THEIR TASKS.

All partners by their joint efforts over a period of years

Generally speaking, a lawyer who holds a government
contributed to the goodwill attached to the firm name, and the
office may not be disciplined as a member of the Bar for
removal of the deceased partner’s name disturbs the client goodwill
misconduct in the discharge of his duties as a government official.
built through the years.
However, if said misconduct as a government official also
Firms may not use misleading names showing
constitutes a violation of his oath as a lawyer, then he may be
association with other firms to purport legal services of highest
disciplined by this Court as a member of the Bar… A member of
quality and ties with multinational business enterprise especially
the Bar who assumes public office does not shed his professional
when such firm attached as an associate cannot legally practice law
obligations. Hence, the CPR was not meant to govern the conduct
in the Philippines [Dacanay v. Baker and McKenzie].
of private practitioners alone, but all lawyers including those in
government service. This is clear from Canon 6 of said Code.
(iii) Effect of Acceptance of Public Office
Lawyers in government are public servants who owe the outmost
fidelity to the public service. Thus, they should be more sensitive
Rule 3.03 - Where a partner accepts public office, he shall
in the performance of their professional obligations, as their
withdrawal from the firm and his name shall be dropped from the firm
name unless the law allows him to practice law currently. conduct is subject to the ever-constant scrutiny of the public.
[Vitriolo v. Dasig].
Lawyers in government service should be more
It is unlawful for a public official or employee to, among
conscientious with their professional obligations consistent with
others, engage in the private practice of their profession, unless
the time-honored principle of public office being a public trust. The
authorized by the Constitution or law, provided that such practice
ethical standards under the CPR are rendered even more exacting
will not conflict or tend to conflict with official functions. The
as to government lawyers because they have the added duty to
inclusion or retention of the public official’s name in the
abide by the policy of the State to promote a high standard of
professional card constitutes as a unlawful continuance of
ethics, competence, and professionalism in public service [Liang
engagement in private practice. [Samonte v. Gatdula].
Fuji vs. Dela Cruz].
(iv) Duty to not seek media publicity
(i) Duty of public prosecutor

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

Page 7 of 38
suppression of facts or the concealment of witnesses capable of functions. The prohibitions continue to apply for a period of one
establishing the innocence of the accused is highly reprehensible and is year after the public official or employee’s resignation, retirement,
cause for disciplinary action. or separation from public office, except for the private practice of
profession under subsection (b)(2), which can already be
A prosecuting attorney, by the nature of his office, is undertaken even within the one-year prohibition period. As an
under no compulsion to file a particular criminal information where exception to this exception, the one-year prohibited period applies
he is not convinced that he has evidence to prop up the averments with respect to any matter before the office the public officer or
thereof, or that the evidence at hand points to a different employee used to work with [Query of Karen Silverio-Buffe].
conclusion. This is not to discount the possibility of the
commission of abuses on the part of the prosecutor. But we must 2. To The Legal Profession
have to recognize that a prosecuting attorney should not be unduly
compelled to work against his conviction. In case of doubt, we a. Integrated Bar of the Philippines
should give him the benefit thereof. A contrary rule may result in
our courts being unnecessarily swamped with unmeritorious cases. CANON 7 - A LAWYER SHALL AT ALL TIMES
Worse still, a criminal suspect's right to due process - the sporting UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL
idea of fair play - may be transgressed. So it is, that in People vs. PROFESSION AND SUPPORT THE ACTIVITIES OF THE
Sope, this Court made the pronouncement that "[i]t is very logical INTEGRATED BAR.
that the prosecuting attorney, being the one charged with the
prosecution of offenses, should determine the information to be The basic postulate of the IBP is that it is non- political in
filed and cannot be controlled by the offended party" [People v. character and that there shall be neither lobbying nor campaigning
Pineda]. in the choice of the IBP Officers. The fundamental assumption is
that the officers would be chosen on the basis of professional merit
(ii) Duty to not use public position for and willingness and ability to serve. The ardor with which the
private interests candidates pursued the presidency of the association detracted from
the dignity of the legal profession. The spectacle of lawyers bribing
Rule 6.02 - A lawyer in the government service shall not use or being bribed to vote did not uphold the honor of the profession
his public position to promote or advance his private interests, nor nor elevate it in the public’s esteem [In re: 1989 Elections of the
allow the latter to interfere with his public duties. IBP].
In Campos v. Campos, Eliseo violated the law when he
Government employees are expected to devote conducted himself in a manner not befitting a member of the bar by
themselves completely to public service. For this reason, the engaging in the scuffle with his own children in the chamber of
private practice of profession is prohibited. Lawyers in government Judge Casals on September 14, 2009 and recklessly expressing his
service cannot handle private cases for they are expected to devote doubt anent the legitimacy of his son during the hearing.
themselves full- time to the work of their respective offices [Ramos
v. Imbang]. Payment of Fees
A membership fee in the IBP is an exaction for
(iii) Duty to refrain from conflict of interest regulation, while the purpose of a tax is revenue. If the Court has
after leaving government service inherent power to regulate the bar, it follows that as an incident to
regulation, it may impose a membership fee for that purpose. It
Rule 6.03 - A lawyer shall not, after leaving government would not be possible to push through an Integrated Bar program
service, accept engagement or employment in connection with any without means to defray the concomitant expenses. The doctrine of
matter in which he had intervened while in said service. implied powers necessarily includes the power to impose such an
exaction [In the matter of the IBP].
In PCCG vs. Sandiganbayan, the SC clarified the A lawyer can engage in the practice of law only by
contentious terms within Rule 6.03 of Canon 6, specifically: paying his dues, and it does not matter if his practice is “limited.”
The exemption granted to senior citizens in R.A. No. 7432 (Seniors
 “Matter” – As defined by Formal Opinion 342 of Citizen Act) does not include payment or membership or
the American Bar Association, is the discrete, association dues [Santos v. Llamas].
isolatable act as well as identifiable transaction or In a case involving a Filipino lawyer staying abroad, the
conduct involving a particular situation and specific Supreme Court said that there is nothing in the law or rules, which
party, and not merely an act of drafting, enforcing or allows his exemption from payment of membership dues. At most,
interpreting government or agency procedures, he could have informed the Secretary of the IBP of his intention to
regulations or laws, or briefing abstract principles of stay abroad before he left. In such case, his membership in the IBP
law. could have been terminated and his obligation to pay dues
 “Intervene” – Must be a substantial (not merely discontinued [Letter of Atty. Arevalo].
innocuous or insignificant) intervention that must
affect the interests of parties. (i) Duty to not make any false statement
in one’s application for admission to
Sec. 7 of R.A. No. 6713 generally provides for the the Bar
prohibited acts and transactions of public officials and employees.
Sec. 7(b)(2) prohibits them from engaging in the private practice of Rule 7.01 - A lawyer shall be answerable for knowingly
their profession during their incumbency. As an exception, a public making a false statement or suppressing a material fact in connection
official or employee can engage in the practice of his or her with his application for admission to the bar.
profession under the following conditions: first, the private practice
is authorized by the Constitution or by the law; and second, the Failure to live up to the standards of conduct may prevent
practice will not conflict, or tend to conflict, with his or her official an aspiring lawyer from being admitted to practice [Barba v.

Page 8 of 38
Pedro]. In a case where the lawyer did not disclose the fact that he as grossly immoral conduct depends on the surrounding
obtained his A.A. degree six months after he began his law studies, circumstances. The case at bar involves a relationship between a
even if he was admitted without the Supreme Court acquiring married lawyer and a married woman who is not his wife. It is
knowledge of his transgressions thereof, he may be disbarred for immaterial whether the affair was carried out discreetly [Guevarra
such misconduct [Diao v. Martinez]. v. Eala].
Act of concealment that makes one morally unfit It is the
fact of concealment and not the commission of the crime itself that b. Courtesy, Fairness and Candor Towards
makes him morally unfit to become a lawyer [In Re: Galang]. Professional Colleagues

(ii) Duty to not support an unqualified CANON 8 - A LAWYER SHALL CONDUCT HIMSELF
applicant to the Bar WITH COURTESY, FAIRNESS AND CANDOR TOWARDS HIS
PROFESSIONAL COLLEAGUES, AND SHALL AVOID
Rule 7.02 - A lawyer shall not support the application for HARASSING TACTICS AGAINST OPPOSING COUNSEL.
admission to the bar of any person known by him to be unqualified in
respect to character, education, or other relevant attribute. Lawyer don’ts:

A lawyer should volunteer information or cooperate in  Take advantage of the excusable unpreparedness or
any investigation concerning alleged anomaly in the bar absence of counsel during the trial of a case;
examination so that those candidates who failed therein can be  Make use, to his or to his client’s benefit, the
ferreted out and those lawyers responsible therefor can be secrets of the adverse party acquired through design
disbarred [In re: Parazo]. or inadvertence;
 Criticize or impute ill motive to the lawyer who
accepts what in his opinion is a weak case;
(iii) Duty to always conduct one’s self  Proceed to negotiate with the client of another
ethically and morally lawyer to waive all kinds of claim when the latter is
still handling the civil case [Camacho v.
Rule 7.03 - A lawyer shall not engage in conduct that Pangulayan];
adversely reflects on his fitness to practice law, nor shall he whether in  Steal another lawyer’s client;
public or private life, behave in a scandalous manner to the discredit of
 Induce a client to retain him by promise of better
the legal profession.
service, good result or reduced fees for his
services;
Public confidence in the law and in lawyers may be
 Disparage another lawyer, make comparisons or
eroded by the irresponsible and improper conduct of a member of
publicize his talent as a means to further his law
the bar. Every lawyer should act and comport himself in a manner
practice;
that promotes public confidence in the integrity of the legal
 In the absence of the adverse party’s counsel,
profession [Catu v. Rellosa].
interview the adverse party and question him as to
There is no distinction as to whether the transgression is
the facts of the case even if the adverse party was
committed in the lawyer’s professional capacity or in his private
willing;
life or in his private transaction because a lawyer may not divide
his personality so as to be an attorney at one time and a mere  Sanction the attempt of his client to settle a
citizen at another. The moral turpitude for which an attorney may litigated matter with the adverse party without the
be disbarred may consist of misconduct in either his professional or consent nor knowledge of the latter’s counsel.
non- professional activities, in his professional and private capacity
[Royong v. Oblena]. Lawyers should treat their opposing counsels and other
Respondent’s act of allowing the use of a forged lawyers with courtesy, dignity and civility. Any undue ill feeling
signature on a petition she prepared and notarized demonstrates a between clients should not influence counsels in their conduct and
lack of moral fiber on her part. [Velasco-Tamaray v. Daquis]. demeanor toward each other. Mutual bickering, unjustified
Keeping a mistress, entering into another marriage while recriminations and offensive behavior among lawyers not only
a prior one still subsists, as well as abandoning and mistreating detract from the dignity of the legal profession, but also
complainant and their children, show his disregard of family constitute highly unprofessional conduct subject to disciplinary
obligations, morality and decency, the law and the lawyers oath. action [Reyes v. Chiong].
Such gross misbehavior over a long period of time clearly shows a
serious flaw in respondent’s character, his moral indifference to (i) Duty to not use intemperate language
scandal in the community, and his outright defiance of established
norms. All these could not but put the legal profession in disrepute Rule 8.01 - A lawyer shall not, in his professional dealings,
use language which is abusive, offensive or otherwise improper.
and place the integrity of the administration of justice in peril,
hence the need for strict but appropriate disciplinary action
[Tapucar v. Tapucar]. A lawyer’s language should be forceful but dignified,
Considering the length of time the affair lasted, it cannot emphatic but respectful, as befitting an advocate and in keeping
be a mere moment of indiscretion. Florendo had an illicit with the dignity of the legal profession [Surigao Mineral
relationship with a married woman who was not his wife but that of Reservation Board v. Cloribel].
his client. This shows his disrespect for the laws on the sanctity of The lawyer’s arguments, whether written or oral should
marriage and his own marital vow for fidelity. He also violated the be gracious to both the court and opposing counsel, and should be
trust and confidence Tiong reposed on him. [Tiong v. Florendo]. of such words as may be properly addressed by one gentleman to
Whether a lawyer’s sexual congress with a woman not another [National Security Co. v. Jarvis].
his wife or without the benefit of marriage should be characterized A lawyer should treat the opposing counsel and his
brethren in the law profession with courtesy, dignity, and civility.
Page 9 of 38
They may do as adversaries do in law: strive mightily but eat and (ii) Duty to not encroach upon the business
drink as friends [Valencia v. Cabanting]. of another
The Court recognizes the adversarial nature of our legal
system which has necessitated lawyers to use strong language in Rule 8.02 - A lawyer shall not, directly or indirectly,
advancement of the interest of the clients. However, as members of encroach upon the professional employment of another lawyer,
a noble profession, lawyers are always impressed with the duty to however, it is the right of any lawyer, without fear or favor, to give
represent their client’s cause, or as in this case, to represent a proper advice and assistance to those seeking relief against unfaithful
or neglectful counsel.
personal matter in court, with courage and zeal but that should not
be used as a license for the use of offensive and abusive language.
In maintaining the integrity and dignity of the legal profession, a c. No Assistance in Unauthorized Practice of
lawyer’s language – spoken or in his pleadings – must be Law
dignified. [Sanchez v. Aguilos].
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR
Examples of Improper Language INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF
LAW.

 Behaving without due regard for the trial court and

(i) Non-Delegation of Tasks
the opposing counsel and threatening the court that
he would file a petition for certiorari [Bugaring v.
Espanol] Rule 9.01 - A lawyer shall not delegate to any unqualified
 Calling an adverse counsel as “bobo” or using the person the performance of any task which by law may only be
word “ay que bobo” in reference to the manner of performed by a member of the bar in good standing.
offering evidence [Castillo v. Padilla].
 Stating that “justice is blind and also “deaf and In Cayetano v. Monsod, the Court held that practice of
dumb”” [In Re: Almacen]. law means any activity, in or out of court, which requires the
 Stating that the demand from a former client’s application of law, legal procedure, knowledge, training and
counsel should be treated “as a mere scrap of experience. Generally, to practice law is to render any kind of
paper or should have been addressed by her service which requires the use of legal knowledge or skill [Aguirre
counsel… to the urinal project of the MMDA v. Rana].
where it may service its rightful purpose” [Sanchez The purpose is to protect the public, the court, the client
v. Aguilos]. and the bar from the incompetence or dishonesty of those
unlicensed to practice law and not subject to the disciplinary
 Calling complainant a "quack doctor," "Reyna ng
control of the court [Phil. Assoc. of Free Labor Union v.
Kaplastikan," "Reyna ng Payola," and "Reyna ng
Binalbagan Isabela Sugar].
Kapalpakan," and insinuating that she has been
bribing people to destroy respondent smacks of bad
Examples of Practice of Law
faith and reveals an intention to besmirch the name
and reputation of complainant, as well as BMGI.
Respondent also ascribed criminal negligence upon  Legal advice and instructions to clients to inform them
complainant and BMGI by posting that complainant of their rights and obligations
disfigured ("binaboy") his client Norcio, labeling  Preparation for clients of documents requiring
BMGI a "Frankenstein Factory," and calling out a knowledge of legal principles not possessed by
boycott of BMGI's services — all these despite the ordinary laymenAppearance for clients before public
pendency of the criminal cases that Norcio had  legislative agency.
already filed against complainant. He even
threatened complainant with conviction for criminal Examples of Unauthorized Practice of Law
negligence and estafa — which is contrary to one's
obligation "to act with justice" [Ma. Victoria G.  It is the signing of the Roll of Attorneys that finally
Belo-Henares vs. Atty. Roberto “Argee” Guevarra]. makes one a full-fledged lawyer. Appearing as
counsel even before taking lawyer’s oath [Aguirre v.
Lack or want of intention is no excuse for the Rana]
disrespectful language employed. Counsel cannot escape  Using the title “Attorney” in his name even though he
responsibility by claiming that his words did not mean what any is a Shari’a lawyer [Alawi v. Alauya].
reader must have understood them as meaning [Rheem of the  Using a letterhead which listed as senior partners,
Philippines v Ferrer, G.R. No. L-22979 (1967)]. those who are only paralegals due to their investments
in the law firm [Cambaliza v. Cristal- Tenorio].
Exceptions  Holding oneself as a partner of a lawfirm when the
firm was actually a cooperative of non-lawyers [Plus
 Utterances made out of impulse in the course of an Builders v. Revilla]
argument may be forgiven and should not be  A lawyer who only signed the attendance record at
penalized [Cruz v. Cabrera]. the PICC entrance and not the Roll of Attorneys,
 Statements made in the course of judicial after he realized his mistake of fact and yet continued
proceedings are absolutely privileged regardless of his operations. [In Re: Petition to Sign the Roll of
defamatory tenor and malice provided it is Attorneys Michael A. Medado].
relevant, pertinent or material to the cause of the
subject or inquiry [Tolentino v Baylosis]. (ii) Duty to not divide fees with non-
lawyers

Page 10 of 38
 Rule 9.02 - A lawyer shall not divide or stipulate to divide a  Falsifying a power of attorney to use in collecting
fee for legal services with persons not licensed to practice law, except: the money due to the principal and appropriating the
(a) Where there is a pre-existing agreement with a partner money for his own benefit [In Re: Rusiana].
or associate that, upon the latter's death, money shall be paid over a
 Denying having received the notice to file brief
reasonable period of time to his estate or to persons specified in the
agreement; or
which is belied by the return card [Ragasajo v. IAC].
(b) Where a lawyer undertakes to complete unfinished legal  Presenting falsified documents in court which he
business of a deceased lawyer; or knows to be false [Bautista v. Gonzales].
(c) Where a lawyer or law firm includes non-lawyer  Filing false charges or groundless suits [Retia v.
employees in a retirement plan even if the plan is based in whole or in Gorduiz].
part, on a profit-sharing agreement.
 Knowingly alleging an untrue statement of fact in a
pleading [Young v. Batuegas]
An agreement between a union lawyer and a layman  Allowing the use of a forged signature on a
president of the union to divide equally the attorney’s fees that may petition filed before a court [Velasco-Tamaray v.
be awarded in a labor case violates this rule, and is illegal and Daquis].
immoral [Amalgamated Laborers Assn. v. CIR].  Anticipating that their Motion for Bail will be
A donation by a lawyer to a labor union of part of his denied by the court if it found that it had no
attorney’s fees taken from the proceeds of a judgment secured by jurisdiction over the person of the accused,
him for the labor union is improper because it amounts to a rebate respondents craftily concealed the truth by alleging
or commission [Halili v. CIR]. that accused had voluntarily surrendered to a person
While non-lawyers may appear before the NLRC or any in authority and was under detention. [Young v.
labor arbiter under Art. 222, Labor Code, they are still not entitled Batuegas].
to receive attorney’s fees. The statutory rule that an attorney shall
be entitled to have and recover from his client a reasonable (ii) Duty to not misquote or misrepresent
compensation or remuneration for the services they have rendered
presupposes the existence of an attorney-client relationship. Such
Rule 10.02 - A lawyer shall not knowingly misquote or
a relationship cannot exist when the client’s representative is a non- misrepresent the contents of a paper, the language or the argument of
lawyer [Five J Taxi v. NLRC]. opposing counsel, or the text of a decision or authority, or knowingly
A contract between a lawyer and a layman granting the cite as law a provision already rendered inoperative by repeal or
latter a percentage of the fees collected from clients secured by the amendment, or assert as a fact that which has not been proved.
layman and enjoining the lawyer not to deal directly with said
clients is null and void, and the lawyer may be disciplined for In citing the Supreme Court’s decisions, and rulings, it is
unethical conduct [Tan Tek Beng v. David]. the bounden duty of courts, judges and lawyers to reproduce or
copy the same word-for-word and punctuation mark-for-
3. To The Courts punctuation mark. Ever present is the danger that if not faithfully
and exactly quoted, the decisions and rulings may lose their proper
a. Candor, Fairness, and Good Faith Towards and correct meaning, to the detriment of other courts, lawyers and
the Courts the public who may thereby be misled [Insular Life Employees Co.
v. Insular Life Association].
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS The legal profession demands that lawyers thoroughly go
AND GOOD FAITH TO THE COURT. over pleadings, motions and other documents dictated or prepared
by them, typed or transcribed by their secretaries or clerks, before
A lawyer is, first and foremost, an officer of the court. filing them with the court. If a client is bound by the acts of his
Accordingly, should there be a conflict between his duty to his counsel, with more reason should counsel be bound by the acts of
client and that to the court, he should resolve the conflict against his secretary who merely follows his orders [Adez Realty, Inc. v.
the former and in favor of the latter, his primary responsibility Court of Appeals].
being to uphold the cause of justice [Cobb Perez v. Lantin]. A mere typographical error in the citation of an authority
Candor in all of the lawyer’s dealings is the very is not contemptuous. But when misquotation is intended, the
essence of honorable membership in the legal profession lawyer is subject to disciplinary action [COMELEC v. Nonay].
[Cuaresma v. Daquis]. Professional misconduct involving the misuse of
While a lawyer is entitled to present his case with vigor constitutional provisions for the purpose of insulting Members of
and courage, such enthusiasm does not justify the use of offensive this Court is a serious breach of the rigid standards that a member
language. Language abounds with countless possibilities for one to of good standing of the legal profession must faithfully comply
be emphatic but respectful convincing but not derogatory with [In Re: Subpoena Duces Tecum].
illuminating but not offensive [Saberon v. Larong]. There is a difference in the academe and judicial
standards of writing. While the academic publishing model is based
(i) Duty to do no falsehood on the originality of the writer’s thesis, the judicial system is based
on the doctrine of stare decisis, which encourages courts to cite
Rule 10.01 - A lawyer shall not do any falsehood, nor consent historical legal data, precedents, and related studies in their
to the doing of any in Court; nor shall he mislead, or allow the Court to decisions. The judge is not expected to produce original
be misled by any artifice. scholarship in every respect. The strength of a decision lies in the
soundness and general acceptance of the precedents and long held
Examples of Falsehood Committed by Lawyers legal opinions it draws from. Justice, not originality, form, and
style, is the object of every decision of a court of law. The reason
 Falsely stating in a deed of sale that property is free for individual judges not to use original or unique language when
from all liens and encumbrances [Sevilla v. Zoleta]. reinstating the laws involved in the cases they decide is that it is
their duty is to apply the laws as these are written.
Page 11 of 38
 A judge writing to resolve a dispute, whether trial or sworn duty for law professors, regardless of their status in the
appellate, is exempted from a charge of plagiarism even if ideas, academic community or the law school to which they belong [Re:
words or phrases from a law review article, novel thoughts Letter of the UP Faculty].
published in a legal periodical or language from a party’s brief are In Bueno v. Raneses, the lawyer was disbarred because
used without giving attribution. Thus judges are free to use “he maligned the judge and the Judiciary by giving the impression
whatever sources they deem appropriate to resolve the matter that court cases are won, not on the merits, but through deceitful
before them, without fear of reprisal. The same rule of exemption means – a decidedly black mark against the Judiciary.”
from the charge of plagiarism should apply as well to practicing Lawyers should not perform acts that would tend to
lawyers. They should not be exposed to charges of plagiarism in undermine and/or denigrate the integrity of the courts, such as the
what they write so long as they do not depart, as officers of the subject checkbook entry which contumaciously imputed corruption
court, from the objective of assisting the Court in the against the Sandiganbayan. It is their sworn duty as lawyers and
administration of justice. [In the Matter of Charges of Plagiarism officers of the court to uphold the dignity and authority of the
against Justice Del Castillo]. courts. Respect for the courts guarantees the stability of the judicial
institution; without this guarantee, the institution would be resting
(iii) Duty to not misuse the rules of on very shaky foundations [PHILCOMPSAT Holdings
procedure Corporation v. Lokin, Jr].

Rule 10.03 - A lawyer shall observe the rules of procedure (i) Lawyer Shall Appear in Proper Attire
and shall not misuse them to defeat the ends of justice.
Rule 11.01 - A lawyer shall appear in court properly attired.
Filing multiple actions constitutes an abuse of the
court’s processes. Those who file multiple or repetitive actions
(ii) Punctuality
subject themselves to disciplinary action for incompetence or
willful violation of their duties as attorneys to act with good
Rule 11.02 - A lawyer shall punctually appear at court
fidelity to the courts, and to maintain only such actions that appear hearings.
to be just and consistent with truth and honor [Olivares v. Villalon].
A lawyer should not abuse his right of recourse to the
Non-appearance at hearings on the ground that the issue
courts for the purpose of arguing a cause that had been repeatedly
to be heard has become moot and academic is a lapse in judicial
rebuffed [Garcia v. Francisco].
propriety [De Gracia v. Warden of Makati].
b. Respect for Courts and Judicial Officers
(iii) Duty to abstain from offensive language
and behavior
CANON 11 - A LAWYER SHALL OBSERVE AND
MAINTAIN THE RESPECT DUE TO THE COURTS AND TO
JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR Rule 11.03 - A lawyer shall abstain from scandalous,
CONDUCT BY OTHERS. offensive or menacing language or behavior before the Courts.

Observing respect due to the courts means that a lawyer Every citizen has the right to comment upon and criticize
should conduct himself toward judges: the actuations of public officers. This right is not diminished by the
fact that the criticism is aimed at a judicial authority, or that it is
 With courtesy everyone is entitled to expect articulated by a lawyer. Such right is especially recognized where
[Paragas v Cruz] the criticism concerns a concluded litigation, because then the
court's actuations are thrown open to public consumption. Well-
 With the propriety and dignity required by the
recognized therefore is the right of a lawyer, both as an officer of
courts [Salcedo v Hernandez].
the court and as a citizen, to criticize in properly respectful terms
and through legitimate channels the acts of courts and judges. But
Lawyers are duty bound to uphold the dignity and
it is the cardinal condition of all such criticism that it shall be bona
authority of the Court, to which they owe their fidelities, and to
fide, and shall not spill over the walls of decency and propriety.
promote the administration of justice. Respect to the courts
Intemperate and unfair criticism is a gross violation of the duty of
guarantees the stability of other institutions [In re: Sotto].
respect to courts [In Re: Almacen].
If a pleading containing derogatory, offensive and
The court does not close itself to comments and
malicious statements is submitted in the same court or judge in
criticisms so long as they are fair and dignified. Going beyond the
which the proceedings are pending, it is direct contempt, equivalent
limits of fair comments by using insulting, disparaging and,
as it is to a misbehavior committed in the presence of or so near a
intemperate language necessitates and warrants a rebuke from the
court or judge as to interrupt the administration of justice. Direct
court. While it is expected of lawyers to advocate their client’s
contempt is punishable summarily [In re: Letter of Atty. Sorreda].
cause, they are not at liberty to resort to arrogance,
intimidation and innuendo [Sangalang v. IAC].
Liberally imputing sinister and devious motives and
It is human nature that there be bitter feelings which
questioning the impartiality, integrity, and authority of the
often reach to the judge as the source of the supposed wrong. A
members of the Court result in the obstruction and perversion of
judge, therefore, ought to be patient, and tolerate everything which
the dispensation of justice [Estrada v. Sandiganbayan].
appears as but a momentary outbreak of disappointment. Lawyers
Even as lawyers passionately and vigorously propound
may not be held to too strict an account for words said in the heat
their points of view, they are bound by certain rules of conduct for
of the moment, because of chagrin at losing cases, and that the big
the legal profession. This Court is certainly not claiming that it
way is for the court to condone even contemptuous language.
should be shielded from criticism. All the Court demands are the
While judges must exercise patience, lawyers must also observe
same respect and courtesy that one lawyer owes to another under
temperate language as well [Soriano v. Court of Appeals].
established ethical standards. There is no exemption from this

Page 12 of 38
 (iv) Lawyer shall not attribute to a judge without submitting the same or offering an explanation for his failure
improper motives to do so.

Rule 11.04 - A lawyer shall not attribute to a Judge motives The court censures the practice of counsels who secures
not supported by the record or have no materiality to the case. repeated extensions of time to file their pleadings and thereafter
simply let the period lapse without submitting the pleading on even
Post-litigation utterances or publications, made by an explanation or manifestation of their failure to do so. There
lawyers, critical of the courts and their judicial actuations, whether exists a breach of duty not only to the court but also to the client
amounting to a crime or not, which transcend the permissible [Achacoso v. Court of Appeals].
bounds of fair comment and legitimate criticism and thereby tend An attorney is bound to protect his client’s interest to the
to bring them into disrepute or to subvert public confidence in their best of his ability and with utmost diligence. A failure to file brief
integrity and in the orderly administration of justice, constitute for his client certainly constitutes inexcusable negligence on his
grave professional misconduct which may be visited with part [Ford v. Daitol].
disbarment or other lesser appropriate disciplinary sanctions by the Postponement is not a matter of right but of sound
Supreme Court in the exercise of the prerogatives inherent in it as judicial discretion. [Edrial v Quilat-Quilat].
the duly constituted guardian of the morals and ethics of the legal
fraternity [In Re: Almacen]. (iv) Lawyer shall not abuse court
Any serious accusation against a judicial officer that is processes
utterly baseless, unsubstantiated and unjustified shall not be
countenanced [Go v. Abrogar]. Rule 12.04 - A lawyer shall not unduly delay a case, impede
Academic freedom cannot be invoked. The constitutional the execution of a judgment or misuse Court processes.
right to freedom of expression of members of the bar may be
circumscribed by their ethical duties as lawyers to give due respect It is one thing to exert to the utmost one’s ability to
to the courts and to uphold the public’s faith in the legal profession protect the interest of one’s client. It is quite another thing to delay
and the justice system [Re: Letter of UP Law Faculty]. if not defeat the recovery of what is justly due and demandable due
to the misleading acts of a lawyer [Manila Pest Control v. WCC].
(v) Duty to submit grievances to proper Once a judgment becomes final and executory, the
authorities prevailing party should not be denied the fruits of his victory by
some subterfuge devised by the losing part.
Rule 11.05 - A lawyer shall submit grievances against a Unjustified delay in the enforcement of a judgment sets
Judge to the proper authorities only. at naught the role of courts in disposing justiciable controversies
with finality [Aguilar v. Manila Banking Corporation].
c. Assistance in the Speedy and Efficient
Administration of Justice (v) Lawyer shall not talk to witness
during recess
CANON 12 - A LAWYER SHALL EXERT EVERY
EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE Rule 12.05 - A lawyer shall refrain from talking to his
SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE. witness during a break or recess in the trial, while the witness is still
under examination.
The filing of another action containing the same subject
matter, in violation of the doctrine of res judicata, runs contrary to (vi) Lawyer shall not assist a witness to
this canon [Siy Lim v. Montano]. misrepresent

(i) Duty to come to court adequately Rule 12.06 - A lawyer shall not knowingly assist a witness to
prepared misrepresent himself or to impersonate another.

Rule 12.01 - A lawyer shall not appear for trial unless he has Subornation of perjury is committed by a person who
adequately prepared himself on the law and the facts of his case, the knowingly and willfully procures another to swear falsely and the
evidence he will adduce and the order of its proferrence. He should also witness suborned [or induced] does testify under circumstances
be ready with the original documents for comparison with the copies. rendering him guilty of perjury [US v. Ballena].

A newly hired counsel who appears in a case in the (vii) Lawyer shall not harass a witness
midstream is presumed and obliged to acquaint himself with all the
antecedent processes and proceedings that have transpired in the Rule 12.07 - A lawyer shall not abuse, browbeat or harass a
record prior to his takeover [Villasis v. Court of Appeals]. witness nor needlessly inconvenience him.

(ii) Duty to not resort to forum shopping It was highly inconsiderate for the prosecutor and the
defense counsel to trade quips at the precise time the victim was
Rule 12.02 - A lawyer shall not file multiple actions arising reliving her harrowing experience. Levity has no place in the
from the same cause. courtroom during the examination of the victim of rape and at her
expense [People v. Nuguid].
(iii) Lawyer shall file his pleadings within
the prescribed period (viii) Lawyer shall avoid testifying for a
client
Rule 12.03 - A lawyer shall not, after obtaining extensions of
time to file pleadings, memoranda or briefs, let the period lapse

Page 13 of 38
 Rule 12.08 - A lawyer shall avoid testifying in behalf of his free from outside coercion or interference" [Nestle Philippines,
client, except: Inc. v. Sanchez].
(a) on formal matters, such as the mailing, authentication or
custody of an instrument, and the like; or (i) Lawyer shall not extend hospitality or
(b) on substantial matters, in cases where his testimony is
extraordinary attention to a judge
essential to the ends of justice, in which event he must, during his
testimony, entrust the trial of the case to another counsel.
Rule 13.01 - A lawyer shall not extend extraordinary
When a lawyer may not testify as witness: attention or hospitality to, nor seek opportunity for cultivating
familiarity with Judges.
 When such would adversely affect any lawful
interest of the client with respect to which It is improper for a litigant or counsel to see a judge in
confidence has been reposed on him chambers and talk to him about a matter related to the case pending
 Having accepted a retainer, he cannot be a in the court of said judge [Austria v. Masaquel].
witness AGAINST his client It is highly improper for a judge to meet privately with an
accused who has a pending case before him, without the presence
 He cannot serve conflicting interests
of other party [Gallo v. Cordero].
 When he is to violate confidentiality
 When as an attorney, he is to testify on the
(ii) Lawyer shall not publicly discuss
theory of the case.
pending cases
When a lawyer may testify as witness:
Rule 13.02 - A lawyer shall not make public statements in
the media regarding a pending case tending to arouse public opinion
 Formal matters – mailing, authentication, for or against a party.
custody of an instrument
 As an expert on his fee In order to warrant a finding of prejudicial publicity,
 Acting as an Arbitrator there must be an allegation and proof that the judges had been
 Deposition unduly influenced, not simply that they might be [People v.
 On substantial matters where his testimony is Teehankee Jr.].
essential to the ends of justice, in which case he A lawyer is equally guilty as the client if he induces the
must entrust the trial of the case to another client to cause the publicity [Strebel v. Figueras].
counsel [PNB v. Uy Teng Piao]. The right to criticize is recognized in concluded
litigations because then the court’s actuations are thrown open for
d. Reliance on Merits of Case, Not On public consumption and discussion. [Strebel v. Figueras] However,
Impropriety Tending to Influence the Courts such criticisms should still be respectful and done in good faith
[Funa].
CANON 13 - A LAWYER SHALL RELY UPON THE In Foodsphere, Inc. v. Mauricio, the Supreme Court
MERITS OF HIS CAUSE AND REFRAIN FROM ANY found that the respondent lawyer violated Rule 13.02 “for despite
IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE the pendency of the civil case against him and the issuance of a
APPEARANCE OF INFLUENCING THE COURT. status quo order restraining/enjoining further publishing, televising
and broadcasting of any matter relative to the complaint of CDO,
The judiciary, as the branch of government tasked to respondent continued with his attacks against complainant and its
administer justice, to settle justiciable controversies or disputes products.”
involving enforceable and demandable rights, and to afford redress
of wrongs for the violation of said rights must be allowed to decide (iii) Lawyer shall not invite interference by
cases independently, free of outside influence or pressure [In Re: another branch of government
Published Alleged Threats against Members of the Court in the
Plunder Law Case Hurled by Atty. Leonard De Vera] Rule 13.03 - A lawyer shall not brook or invite interference
The Court will not hesitate in future similar situations to by another branch or agency of the government in the normal course
apply the full force of the law and punish for contempt those who of judicial proceedings.
attempt to pressure the Court into acting one way or the other in
any case pending before it. Grievances, if any, must be The Supreme Court is supreme — the third great
ventilated through the proper channels, i.e., through appropriate department of government entrusted exclusively with the judicial
petitions, motions or other pleadings in keeping with the respect power to adjudicate with finality all justiciable disputes, public and
due to the Courts as impartial administrators of justice entitled to private. No other department or agency may pass upon its
"proceed to the disposition of its business in an orderly manner, judgments or declare them 'unjust.' Consequently, and owing to the
free from outside interference obstructive of its functions and foregoing, not even the President of the Philippines as Chief
tending to embarrass the administration of justice." The right of Executive may pass judgment on any of the Court's acts
petition is conceded to be an inherent right of the citizen under all [Maglasang v. People].
free governments. However, such right, natural and inherent
though it may be, has never been invoked to shatter the standards 4. To The Client
of propriety entertained for the conduct of courts … Moreover,
"parties have a constitutional right to have their causes tried fairly a. Availability of service without
in court by an impartial tribunal, uninfluenced by publication or discrimination
public clamor. Every citizen has a profound personal interest in
the enforcement of the fundamental right to have justice CANON 14 - A LAWYER SHALL NOT REFUSE HIS
administered by the courts, under the protection and forms of law SERVICES TO THE NEEDY.

Page 14 of 38
 Features: (iv) Equal Treatment of Clients

 A client-attorney relation is created not only by Rule 14.04 - A lawyer who accepts the cause of a person
agreement but also by appointment; and, unable to pay his professional fees shall observe the same standard of
 The lawyer owes the same duty to the indigent conduct governing his relations with paying clients.
litigant as to a paying client [People v.
Estebia]. If a lawyer volunteers his services to a client, and
therefore not entitled to attorney’s fees, he is still bound to attend
The lawyer is duty-bound to render the required service to a client’s case with all due diligence and zeal [Blanza v.
unless he is excused by the court upon sufficient cause shown. Arcangel].
(Rule 138, Sec. 31, ROC) The fact that he merely volunteered his services or the
A counsel de oficio is expected to do his utmost as an circumstance that he was a counsel de oficio neither diminishes nor
opportunity to assist in the proper dispensation of justice. Mere alters the degree of professional responsibility owed to his client
presence in the court is not enough. In instances of negligence of [People v. Rio]. Failure to pay the agreed fees does not warrant
counsel de oficio that is so gross as to be tantamount to lack of due abandonment of the client’s case [In re Montague & Dominguez].
process, cases that go up on appeal or certiorari are remanded to
the lower court for further proceedings. b. Candor, Fairness, and Loyalty to Clients
Documentary formalism is not an essential element in the
employment of an attorney; the contract may be express or implied. CANON 15 - A LAWYER SHALL OBSERVE CANDOR,
To establish the relation, it is sufficient that the advice and FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND
TRANSACTIONS WITH HIS CLIENTS.
assistance of an attorney is sought and received in any matter
pertinent to his profession [Pacana v. Pascual-Lopez].
To hide from the complainant, avoid his calls, ignore his
(i) Availability of Service Without letters, and leave him helpless is unforgivable; and to commit all
Discrimination these acts and omissions after receiving the full amount of legal
fees and after assuring the client of his commitment and
responsibility violates the Code of Professional Responsibility
Rule 14.01 - A lawyer shall not decline to represent a person
[Overgaard v. Valdez].
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.
(i) Confidentiality Rule
Confidentiality Rule demands of an attorney an
undivided allegiance, a conspicuous and high degree of good faith,
(ii) Lawyer shall not decline
disinterestedness, candor, fairness, loyalty, fidelity and absolute
appointment by the court or by the
integrity in all his dealings and transactions with his clients and an
IBP
utter renunciation of every personal advantage conflicting in any
way, directly or indirectly, with the interest of his client [Oparel,
Rule 14.02 - A lawyer shall not decline, except for serious
Sr. v. Abraria].
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 Confidential communication is information transmitted
of its chapters for rendition of free legal aid. by voluntary act of disclosure between attorney and client in
confidence and by means which so far as the client is aware,
A court may assign a lawyer to render professional aid, discloses the information to no third person other than one
free of charge, to any party in a case if upon investigation it reasonably necessary for the transmission of the information or the
appears that the party is destitute and unable to employ a lawyer accomplishment of the purpose for which it was given [Mercado v.
and that the services of a counsel are necessary to secure the ends Vitriolo].
of justice. A counsel de officio is expected to render effective
service wand to exert his best efforts on behalf of an indigent (ii) Privileged Communications
accused. He has as high a duty to a poor litigant as to a playing
client. He should as a vanguard in the bastion of justice have a Rule 15.02.- A lawyer shall be bound by the rule on privilege
communication in respect of matters disclosed to him by a prospective
bigger dose of social conscience and a little less of self-interest. He
client.
should ever be conscious of his duty to the indigent whom he
defends [Lames v. Lascieras].
In localities where members of the Bar are not available, Requisites:
the court may appoint any person, resident of the province and
good repute for probity and ability, to defend the accused. (Rule  The person to whom information is given is a
116, Sec. 7, ROC) lawyer.
 There is a legal relationship existing, except in cases
(iii) Valid grounds for refusal to serve of prospective clients;
 Legal advice must be sought from the attorney in his
Rule 14.03 - A lawyer may not refuse to accept professional capacity with respect to
representation of an indigent client unless: communications relating to that purpose.
(a) he is not in a position to carry out the work effectively or  The client must intend that the communication be
competently; confidential.
(b) he labors under a conflict of interest between him and
the prospective client or between a present client and the prospective
Persons entitled to privilege
client.

Page 15 of 38
  The lawyer, client, and third persons who by
reason of their work have acquired information (iii) Conflict of Interest
about the case being handled, including:
Rule 15.01. - A lawyer, in conferring with a prospective
- Attorney’s secretary, stenographer and clerk client, shall ascertain as soon as practicable whether the matter would
- Interpreter, messengers, or involve a conflict with another client or his own interest, and if so, shall
agents transmitting communication forthwith inform the prospective client.
- Accountant, scientist, physician, engineer
who has been hired for effective consultation 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.
 Assignee of the client’s interest as far as the
communication affects the realization of the
assigned interests Requisites

Period to be considered is the date when the privileged  There are conflicting duties;
communication was made by the client to the attorney in relation to  The acceptance of the new relations invites or
either a crime committed in the past or with respect to a crime actually leads to unfaithfulness or double-
intended to be committed in the future. If the crime was committed dealing to another client; or
in the past, the privilege applies. If it is still to be committed, the  The attorney will be called upon to use against
privilege does not apply, because the communication between a his first client any knowledge acquired in the
lawyer and his client must be for a lawful purpose or in furtherance previous employment.
of a lawful end to be privileged [People v. Sandiganbayan].
Limited only to communications which are Tests of conflict of interest
legitimately and properly within the scope of a lawful employment
of a lawyer. It does not extend to those made in contemplation of a  Whether the acceptance of a new relation will
crime or perpetration of a fraud. It is not within the profession of a prevent an attorney from the full discharge of
lawyer to advise a client as to how he may commit a crime his duty of undivided fidelity and loyalty to his
[Genato v. Silapan]. client or invite suspicion of unfaithfulness or
The protection given to the client is perpetual and does double- dealing in its performance.
not cease with the termination of the litigation, nor is it affected by  If the acceptance of the new retainer will
the client’s ceasing to employ the attorney and retaining another, or require the attorney to perform an act which
by any other change of relation between them. It even survives the will injuriously affect his first client in any
death of the client [Bun Siong Yao v. Aurelio]. matter in which he represented him and also
Canon 21 enjoins a lawyer to preserve the confidence whether he will be called upon in his new
and secrets of his client even after the attorney-client relation is relation to use against the first client any
terminated. The privilege continues even after the termination of knowledge acquired through their connection.
the attorney-client relationship. It outlasts the lawyer’s  Whether or not in behalf of one client, it is the
engagement. It ceases only when waived by the client himself or lawyer’s duty to fight for an issue or claim, but
after his death, by his heir or representative. [Baldwin v. CIR, it is his duty to oppose it for the other client
(1942)] [Hornilla v. Salunat].
 Whether the lawyer will be asked to use against
Exception: Some privileged communications lose their his former client any confidential information
privileged character by some supervening act done pursuant to the acquired through their connection or previous
purpose of the communication (e.g., a communication intended by employment [Palm v. Iledan].
the client to be sent to a third person through his attorney loses
confidential character once it reached the third party). The rule prohibiting conflict of interest was fashioned to
prevent situations wherein a lawyer would be representing a client
Client’s Identity whose interest is directly adverse to any of his present or former
As a matter of public policy, a client’s identity should clients [Tulio v. Buhangin].
not be shrouded in mystery. Thus, a lawyer may not invoke the It is explicit that a lawyer is prohibited from representing
privilege and refuse to divulge the name or identity of this client. new clients whose interests oppose those of a former client in any
manner, whether or not they are parties in the same action or on
Exceptions: Client identity is privileged in the following totally unrelated cases [Orola v. Ramos, A.C. No. 9860 (2013)].
instances: There is conflict of interest when a lawyer represents
inconsistent interests of two or more opposing parties [Hornilla v.
 Where a strong probability exists that revealing the Salunat, A.C. No. 5804 (2003)].
client's name would implicate that client in the very It is only upon strict compliance with the condition of
activity for which he sought the lawyer's advice full disclosure of facts that a lawyer may appear against his client;
 Where disclosure would open the client to civil otherwise, his representation of conflicting interests is
liability reprehensible. Such prohibition is founded on principles of public
 Where the government's lawyers have no case policy and good taste as the nature of the lawyer-client relations is
against an attorney's client unless, by revealing the one of trust and confidence of the highest degree [Nuigue v.
client’s name, the said name would furnish the only Sedillo, A.C. No. 9906 (2013)].
link that would form the chain of testimony Lawyers are expected not only to keep inviolate the
necessary to convict an individual of a crime client’s confidence, but also to avoid the appearance of treachery
[Regala v. Sandiganbayan]. and double-dealing for only then can litigants be encouraged to

Page 16 of 38
entrust their secrets to their lawyers, which is of paramount  There is an attorney-client relationship;
importance in the administration of justice [Gonzales v.  The property or interest of the client is in
Cabucana]. litigation;
Where a lawyer is disqualified from appearing as  The attorney takes part as counsel in the case;
counsel in a case because of conflict of interest with the law firm of  The attorney purchases or acquires the property
which he is a member, any member, associate, or assistant therein or right, by himself or through another, during
is similarly disqualified or prohibited from so acting. [Hilado v. the pendency of litigation [Laig v. CA].
David].
Even after the severance of the relation, a lawyer should (i) Commingling of Funds
not do anything that will injuriously affect his former client in any
manner in which the lawyer previously represented the client. Nor Rule 16.02 - A lawyer shall keep the funds of each client
should the lawyer disclose or use any of the client’s confidences separate and apart from his own and those of others kept by him.
acquired in the previous relation. The protection given to the client
is perpetual and does not cease with the termination of the with that of other clients and with his private funds, nor
litigation, nor is it affected by the client’s ceasing to employ the use the client’s money for his personal purposes without the
attorney and retaining another, or by any other change or relation client’s consent [Daroy v. Legaspi].
between them. Respondent breached [Canon 16]. His acts of acquiring
for himself complainant’s lots entrusted to him are, by any
(iv) Other Provisions standard, acts constituting gross misconduct, a grievous wrong, a
forbidden act, a dereliction in duty, willful in character, and
Rule 15.04. - A lawyer may, with the written consent of all implies a wrongful intent and not mere error in judgment. Such
concerned, act as mediator, conciliator or arbitrator in settling
conduct on the part of respondent degrades not only himself but
disputes.
also the name and honor of the legal profession. He violated this
Courts mandate that lawyers must at all times conduct themselves,
Rule 15.05. - A lawyer when advising his client, shall give a especially in their dealing with their clients and the public at large,
candid and honest opinion on the merits and probable results of the
with honesty and integrity in a manner beyond reproach
client's case, neither overstating nor understating the prospects of the
case. [Hernandez v. Go].

(ii) Delivery and accounting of funds

Rule 15.06. - A lawyer shall not state or imply that he is able
to influence any public official, tribunal or legislative body.
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
Rule 15.07. - A lawyer shall impress upon his client the funds and may apply so much thereof as may be necessary to
compliance with the laws and the principles of fairness. satisfy his lawful fees and disbursements, giving notice promptly
thereafter to his client. He shall also have a lien to the same extent on
Rule 15.08. - A lawyer who is engaged in another profession all judgments and executions he has secured for his client as provided
or occupation concurrently with the practice of law shall make clear to for in the Rules of Court.
his client whether he is acting as a lawyer or in another capacity.
Money collected by a lawyer in pursuance of a judgment
Lawyers are not precluded from engaging in business. in favor of his clients is held in trust and must be immediately
Impropriety arises when the business is of such a nature or is in turned over to them [Busiños v. Ricafort].
such a manner as to be inconsistent with the lawyer’s duties as a But, a lawyer is not entitled to unilaterally appropriate his
member of the bar, i.e. if the business will readily lend itself as a client’s money for himself by the mere fact alone that the client
means of procuring professional employment for him. owes him attorney’s fees. The fact alone that a lawyer has a lien for
A lawyer-CPA can be held liable for misconduct fees on moneys in his hands collected for his client does not relieve
committed in his capacity as accountant. In the case of Nakpil vs. him of his duty to promptly account for the moneys received; his
Valdes, Atty. Valdes served as the lawyer and accountant of the failure to do so constitutes professional misconduct [Rayos v.
spouses Nakpil. When Mr. Nakpil died, Atty. Valdes’s law firm Hernandez].
handled the estate proceedings of Mr. Nakpil’s estate while his Money entrusted to a lawyer for a specific purpose, such
auditing firm acted as accountant of both Mr. Nakpil's estate and 2 as for the processing or transfer of land title, but not used for the
of its creditors. Atty. Valdes was senior and controlling partner of purpose, should be immediately returned. A lawyer’s failure to
both firms which were housed in the same building. He was found return upon demand the funds held by him on behalf of his client
guilty of misconduct and suspended from the practice of law on gives rise to the presumption that he has appropriated the same for
account of conflict of interest. his own use in violation of the trust reposed to him by his client.
[Isalos v. Cristal].
c. Client’s Money and Properties The lawyer’s continuing exercise of his retaining lien
presupposes that the client agrees with the amount of attorney’s
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL fees to be charged. In case of disagreement or when the client
MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME contests that amount for being unconscionable, however, the
INTO HIS PROFESSION. lawyer must not arbitrarily apply the funds in his possession to the
payment of his fees. He can file, if he still deems it desirable, the
Rule 16.01 - A lawyer shall account for all money or necessary action or proper motion with the proper court to fix the
property collected or received for or from the client. amount of such fees [Lemoine v. Balon, Jr.].
When a lawyer is accused of delay in the delivery of the
Requisites sum of money due to his client, he must explain the reason for such
a delay. His failure to explain such delay gives rise to the

Page 17 of 38
presumption that he has appropriated the same for his own use in
violation of the trust reposed in him by his client [Dongga-as v. CANON 18 - A LAWYER SHALL SERVE HIS CLIENT
Cruz-Angele]. WITH COMPETENCE AND DILIGENCE.

Application of attorney’s lien A lawyer must exercise ordinary diligence or that

The delivery of funds to the client is subject to the reasonable degree of care and skill having reference to the
lawyer’s lien, as follows: character of the business he undertakes to do, as any other member
of the bar similarly situated commonly possesses and exercises
 The lawyer must render an accounting to the [Pajarillo v. WCC].
client on how the funds were used.
 The lawyer then deducts the applicable (i) Collaborating Counsel
attorney’s fees.
 The lawyer then turns over the remaining Rules 18.01 - A lawyer shall not undertake a legal service
balance to the client [Tanhueco vs. De Dumo]. 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,
(iii) No borrowing or lending he can obtain as collaborating counsel a lawyer who is competent on
the matter.
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 When a lawyer accepts a case, whether for a fee or not,
case or by independent advice. Neither shall a lawyer lend money to a his acceptance is an implied representation:
client except, when in the interest of justice, he has to advance
necessary expenses in a legal matter he is handling for the client.  That he possesses the requisite degree of
academic learning, skill and ability necessary in the
This rule is intended to prevent the lawyer from taking practice of his profession;
advantage of his influence over his client [Junio v. Grupo].  That he will exert his best judgment in the
The canon presumes that the client is disadvantaged by prosecution or defense of the litigation entrusted to
the lawyer’s ability to use all the legal maneuverings to renege on him;
her obligation [Frias v. Lozada].  That he will exercise ordinary diligence or that
The profession demands of an attorney an absolute reasonable degree of care and skill demanded of the
abdication of every personal advantage conflicting in any way, business he undertakes to do, to protect the client’s
directly or indirectly, with the interest of his client [Barnachea v. interests and take all steps or do all acts necessary
Quiocho]. thereof [Uy v. Tansinsin]; and
A lawyer who borrows jewelry from his client in order to  That he will take steps as will adequately safeguard
obtain and appropriate for himself the proceeds from a pledge is
his client’s interests [Islas v. Platon].
liable under this canon [Yu v. Dela Cruz].
A lawyer asked financial help from his client for the
A new counsel, who enters his appearance in midstream,
construction of his house and purchase of a car to which his client has the duty not only to thoroughly study the case, but also to
willingly helped. However, for such help, the said lawyer paid his
inquire as to the status of the case [Arambulo v. Court of Appeals].
client by issuing a check which was later dishonored. It was held
that the act of a lawyer in issuing a check without sufficient funds
(ii) Adequate Preparation
constitutes such willful dishonesty and immoral conduct as to
undermine the public confidence in the legal profession. He cannot
Rule 18.02 - A lawyer shall not handle any legal matter
justify his act of issuing worthless checks by his dire financial without adequate preparation.
condition. If he suffered a reversal of fortune, he should have
explained with particularity the circumstances which caused his
(iii) Negligence
failure to meet his obligations. His generalized and unsubstantiated
allegations as to why he reneged in the payment of his debts
Rule 18.03 - A lawyer shall not neglect a legal matter
promptly despite repeated demands and sufficient time afforded entrusted to him, and his negligence in connection therewith shall
him cannot withstand scrutiny [Wong v. Moya]. render him liable.

d. Fidelity to Client’s Cause: Duty to prevent Doctrine of Imputed Knowledge: Notice to counsel is
conflict of interest notice to client
Exceptions: The client is not so bound where the
CANON 17 - A LAWYER OWES FIDELITY TO THE ignorance, incompetence or inexperience of lawyer is so great and
CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE
error so serious that the client, who has good cause, is prejudiced
TRUST AND CONFIDENCE REPOSED IN HIM.
and denied a day in court [People v. Manzanilla].
The failure to exercise due diligence and the
Examples of lawyer’s negligence:
abandonment of a client’s cause make such a lawyer unworthy of
the trust which the client has reposed on him [Cantilller v.
 Failure of counsel to ask for additional time to
Potenciano].
answer a complaint resulting in a default judgment
Once he agrees to take up the cause of the client, no fear
against his client [Mapua v. Mendoza].
or judicial disfavor or public unpopularity should restrain him from
 Failure to ascertain date of receipt from post office
the full discharge of his duty [Santiago v. Fojas].
of notice of decision resulting in the non- perfection
of the appellant’s appeal [Joven-De Jesus v. PNB].
e. Competence and Diligence

Page 18 of 38
  Failure to file briefs within the reglementary A lawyer’s duty is not to his client but to the
period [People v. Cawili] administration of justice; To that end, his client’s success is wholly
 Failure to attend a trial without filing a motion for subordinate and his conduct ought to and must always be
postponement or without requesting either of his unscrupulously observant of law and ethics [Magsalang v.
two partners in the law office to take his place and People].
appear for the defendants [Gaerlan v. Bernal].
 Failure to appear at pre-trial [Agravante v. (i) Use of Fair and Honest Means
Patriarca].
 Failure of counsel to notify clients of the Rule 19.01 - A lawyer shall employ only fair and honest
scheduled trial which prevented the latter to look for means to attain the lawful objectives of his client and shall not present,
participate in presenting or threaten to present unfounded criminal
another lawyer to represent them while counsel was
charges to obtain an improper advantage in any case or proceeding.
in the hospital [Ventura v. Santos].
 Failure to appear simply because the client did not
A lawyer should not file or threaten to file any unfounded
go to counsel’s office on the date of the trial as was
or baseless criminal case or cases against the adversaries of his
agreed upon [Alcoriza v. Lumakang]
client designed to secure a leverage to compel adversaries to yield
 Failure to pay the appellate docket fee after
or withdraw their own cases against the lawyer’s client [Pena v.
receiving the amount for the purpose [Capulong v.
Aparicio].
Alino].
An attorney’s act of filing a criminal complaint for
 Failure to file a Motion for Reconsideration and to resistance and disobedience to a person in authority against the
update clients of the adverse result of a case adverse party, for failure to comply with an order of the court, was
[Orazme v. Oro] held to be a violation of Rule 19.01. Fair play demands that counsel
 Withdrawing from a case without the proper should have filed the proper motion with RTC to attain his goal and
motion and without informing the client [Chang v. not subject complainant to a premature criminal prosecution [Atty.
Hidalgo]. Briones v. Atty. Jacinto].
A lawyer should not file or threaten to file any unfounded
In a case, an attorney was disbarred due to ‘palpable criminal case against the adversaries of his client designed to
sloth' – for causing the dismissal of the client’s appeals in two secure a leverage to compel the adversaries to yield or withdraw
cases, the first one due to his improper way of filing the appeal and their own cases against the lawyer’s client. Thus, a letter sent by
the second one due to his non-filing of the appellant’s brief. counsel to the adverse party, which, more than just a simple
Furthermore, he did not offer a plausible explanation for not doing demand to pay, even contained a threat to file retaliatory charges
his level best in representing his client’s cause on appeal; thus, against the complainant which have nothing to do with his client’s
making complainant suffer serious losses amounting to millions of claim for separation pay, amounted to blackmail and is definitely
pesos. As counsel, he had the duty to present every remedy or proscribed by the Code of Professional Responsibility [Pena v.
defense authorized by law to protect his client. He should Aparicio].
undertake the task with dedication and care, and if he should do no Rule 19.01 is violated when the criminal complaint filed
less, then he is not true to his lawyer’s oath [Panelo v. or threatened to be filed is patently frivolous, meritless and clearly
Montemayor]. groundless and is aimed solely at gaining the sole purpose of
improper advantage.
(iv) Duty to Apprise Client Two elements are indispensable before a lawyer can be
deemed to have violated this rule:
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
 The filing or threat of filing a patently frivolous
client's request for information.
and meritless action or appeal; and
 The filing or threat of filing the action is
The relationship of lawyer-client being one of
intended to gain improper advantage in any
confidence, there is ever-present the need for the lawyer to inform
case or proceeding.
timely and adequately the client of important developments
affecting the client’s case [Carandang v. Obmina].
Unless the criminal complaint is patently frivolous and
Even if the lawyer was honestly and sincerely protecting
obviously meant to secure an improper advantage, a lawyer who
the interests of his client, he still does not have the right to waive
files such criminal complaint should not be automatically deemed
the appeal without the knowledge and consent of his client [Abay
to have violated Rule 19.01. Otherwise, lawyers who have a valid
v. Montesino].
cause for filing a criminal action may be compelled not to proceed
A lawyer must advise his client promptly whenever he
because of fear of administrative sanctions [Espina v. Chavez].
has any information to give which it is important that the client
receive. [Adecer v. Akut]. He should notify his client of an adverse
(ii) Client’s fraud
decision well within the period to appeal to enable his client to
decide whether to seek an appellate review thereof [Tan v.
Rule 19.02 - A lawyer who has received information that his
Dimante].
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
f. Representation with Zeal Within Legal same, and failing which he shall terminate the relationship with such
Bounds client in accordance with the Rules of Court.

CANON 19 - A LAWYER SHALL REPRESENT HIS (iii) Duty not to abuse court processes
CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW.

Page 19 of 38
 Rule 19.03 - A lawyer shall not allow his client to dictate the
procedure in handling the case. 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
g. Reasonableness of fees work performed and responsibility assumed.

CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR (ii) Rebates and commission
AND REASONABLE FEES.
Rule 20.03 - A lawyer shall not, without the full knowledge
and consent of the client, accept any fee, reward, costs, commission,
Rule 20.01 - A lawyer shall be guided by the following interest, rebate or forwarding allowance or other compensation
factors in determining his fees: whatsoever related to his professional employment from anyone other
(a) the time spent and the extent of the service rendered or than the client.
required;
(b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter; (iii) A lawyer shall avoid controversies with
(d) The skill demanded; clients concerning his fees
(e) The probability of losing other employment as a result of
acceptance of the proffered case; Rule 20.04 - A lawyer shall avoid controversies with clients
(f) The customary charges for similar services and the concerning his compensation and shall resort to judicial action only to
schedule of fees of the IBP chapter to which he belongs; prevent imposition, injustice or fraud.
(g) The amount involved in the controversy and the benefits
resulting to the client from the service;
QUANTUM MERUIT: “as much as a lawyer deserves.”
(h) The contingency or certainty of compensation;
(i) The character of the employment, whether occasional or Essential requisite: Acceptance of the benefits by one sought to be
established; and charged for services rendered under circumstances as reasonably to
(j) The professional standing of the lawyer. notify him that lawyer expects compensation.

Attorney’s Fees refer to: (OE) When authorized:

 In its ordinary concept, the reasonable  The agreement as to counsel fees is invalid for some
compensation paid to a lawyer by his client for reason other than the illegality of the object of
the legal services the former renders; performance;
compensation is paid for the cost and/or results  There is no express contract for attorney’s fees
of legal services per agreement or as may be agreed upon between the lawyer and the client;
assessed.  When although there is a formal contract of
 In its extraordinary concept, attorney's fees are attorney’s fees, the stipulated fees are found
deemed indemnity for damages ordered by the unconscionable or unreasonable by the court;
court to be paid by the losing party to the  When the contract for attorney’s fees is void due to
winning party, as a penalty [Compania purely formal matters or defects of execution;
Maritima, Inc. v. Court of Appeals]. The  When the counsel, for justifiable cause, was not able
instances when these may be awarded are to finish the case to its conclusion;
enumerated in Article 2208 of the Civil Code,  When lawyer and client disregard the contract of
and are payable not to the lawyer but to the attorney’s fees;
client, unless the client and his lawyer have  When there is a contract, but no stipulation as to
agreed that the award shall accrue to the lawyer attorney’s fees.
as additional or part of compensation [Tangga-
an v. Philippine Transmarine Carriers].
Quantum Meruit Guidelines
Any counsel worthy of his hire is entitled to be fully
 Time spent and extent of the services rendered. A
recompensed for his services. With his capital consisting solely of
lawyer is justified in fixing higher fees when the
his brains and with his skill, acquired at tremendous cost not only
case is so complicated and requires more time and
in money but in the expenditure of time and energy, he is entitled
efforts to finish it.
to the protection of any judicial tribunal against any attempt of the
 Nature and importance of subject matter. The more
part of the client to escape payment of his fees [Albano v. Caloma].
important the subject matter or the bigger value of
The mere fact that an agreement had been reached
the interest or property in litigation, the higher is the
between attorney and client fixing the amount of the attorney’s
attorney’s fee.
fees, does not insulate such agreement from review and
modification by the Court where the fees clearly appear to be  Novelty and difficulty of questions involved. When
excessive or unreasonable [Tanhueco v. De Dumo]. the questions in a case are novel and difficult,
The absence of a formal contract will not negate the greater efforts, deeper study, and research are bound
payment of attorney’s fees because the contract may be express or to burn the lawyer’s time and stamina considering
implied. In the absence of an express contract, payment of that there are no local precedents to rely upon.
attorney’s fees may be justified by virtue of the innominate  Skill demanded of the lawyer. The totality of the
contract of facio ut des (I do and you give) which is based on the lawyer’s experience provides him the skill and
principle that “no one shall enrich himself at the expense of competence admired in lawyers.
another” [Corpus v. Court of Appeals].  Loss of opportunity for other employment on the
part of the lawyer who accepts the retainer. It is only
(i) Fees in cases of referral but fair that a client should compensate his lawyer

Page 20 of 38
 for being deprived of the chance to earn legal fees Rule 21.05 - A lawyer shall adopt such measures as may be
from others by reason of his employment as his required to prevent those whose services are utilized by him, from
counsel. disclosing or using confidences or secrets of the clients.
 Results secured. The importance to a client of his
lawyer’s services depends upon the successful Rule 21.06 - A lawyer shall avoid indiscreet conversation
outcome of his litigation. about a client's affairs even with members of his family.
 Whether the fee is contingent.
 Capacity of client to pay. (vi) Lawyer shall not reveal having been
consulted
A determination of all these factors would indispensably
require nothing less than a full-blown trial where private Rule 21.07 - A lawyer shall not reveal that he has been
respondent can adduce evidence to establish its right to lawful consulted about a particular case except to avoid possible conflict of
interest.
attorney's fees and for petitioner to oppose or refute the same
[Metrobank v. Court of Appeals].
i. Withdrawal of Services
h. Preservation of Client’s Confidences
CANON 22 - A LAWYER SHALL WITHDRAW HIS
SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE
CANON 21 - A LAWYER SHALL PRESERVE THE
APPROPRIATE IN THE CIRCUMSTANCES.
CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER
THE ATTORNEY-CLIENT RELATION IS TERMINATED.
(i) Termination of attorney’s authority
The protection given to the client is perpetual and does and withdrawal of counsel
not cease with the termination of the litigation, nor is it affected by
the party’s ceasing to employ the attorney and retaining another, or Rule 22.01 - A lawyer may withdraw his services in any of
by any other change of relation between them. It even survives the the following case:
death of the client [Genato v. Silapan]. (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
(i) When lawyer can reveal client
violative of these canons and rules;
confidences (c) When his inability to work with co-counsel will not
promote the best interest of the client;
Rule 21.01 - A lawyer shall not reveal the confidences or (d) When the mental or physical condition of the lawyer
secrets of his client except; renders it difficult for him to carry out the employment effectively;
(a) When authorized by the client after acquainting him of (e) When the client deliberately fails to pay the fees for the
the consequences of the disclosure; services or fails to comply with the retainer agreement;
(b) When required by law; (f) When the lawyer is elected or appointed to public office;
(c) When necessary to collect his fees or to defend himself, and
his employees or associates or by judicial action. (g) Other similar cases.

(ii) Duty to not use client’s secret without The withdrawal in writing, with the client’s conformity,
consent does not require the approval of the court to be effective.
Exception: If no new counsel has entered his appearance,
Rule 21.02 - A lawyer shall not, to the disadvantage of his the court may, in order to prevent a denial of a party’s right to the
client, use information acquired in the course of employment, nor shall assistance of counsel require that the lawyer’s withdrawal be held
he use the same to his own advantage or that of a third person, unless in abeyance until another lawyer shall have appeared for the party
the client with full knowledge of the circumstances consents thereto. [Villasis v. Court of Appeals].
Although a lawyer may withdraw his services when the
(iii) Duty to not give information from client deliberately fails to pay the fees for the services, withdrawal
one’s files is unjustified if client did not deliberately fail to pay [Montano v.
IBP].
Rule 21.03 - A lawyer shall not, without the written consent
of his client, give information from his files to an outside agency (ii) Retainer lien
seeking such information for auditing, statistical, bookkeeping,
accounting, data processing, or any similar purpose. Rule 22.02 - A lawyer who withdraws or is discharged shall,
subject to a retainer lien, immediately turn over all papers and
(iv) Lawyer may disclose affairs of client to property to which the client is entitled, and shall cooperative with his
partners successor in the orderly transfer of the matter, including all
information necessary for the proper handling of the matter.
Rule 21.04 - A lawyer may disclose the affairs of a client of
the firm to partners or associates thereof unless prohibited by the At the discretion of the court, a lawyer, who has been
client. dismissed by a client, is allowed to intervene in a case in order to
protect the client’s rights [Obando v. Figueras].
(v) Duty to adopt measures against The offensive attitude of a client is not an excuse to just
disclosures of client’s secrets and avoid disappear and withdraw from a case without notice to the court
indiscreet conversation and to the client, especially when attorney’s fees have already been
paid [Chang v. Hidalgo].

Page 21 of 38
C. SUSPENSION, DISBARMENT, AND DISCIPLINE OF  The act imputed to him must be so corrupt and
LAWYERS false as to constitute a criminal act or so
unprincipled as to be reprehensible to a high
1. Nature and Characteristics degree [Soberano v. Villanueva].
 The act charged must be established by clearly
a. Sui Generis preponderant evidence [Lim v. Antonio].
Administrative cases are distinct from and proceed
independently from civil and criminal cases. In an administrative The disbarment or suspension of a member of the
case for disbarment or suspension, clear preponderance of evidence Philippine Bar by a competent court or other disciplinary agency in
is all that is required. a foreign jurisdiction where he has also been admitted as an
Hence, criminal prosecution will not constitute as a attorney is a ground for his disbarment or suspension if the basis of
prejudicial question even if the same facts and circumstances are such action includes any of the acts hereinabove enumerated. The
attendant in the administrative proceedings [Gatchalian judgment or order of the foreign court or disciplinary agency shall
Promotions Talent Pool, Inc. v. Naldoza]. be prima facie evidence of the ground for disbarment or suspension
proceeding for suspension or disbarment is not a civil [In Re: Maquera].
action (as it involves no private interest) nor a criminal
prosecution. A disciplinary action is in reality an investigation by b. Breaches of Duty to the Court
the court into the misconduct of its officer or an examination into
his character [In re Almacen]. (i) Obstructing justice and abuse of
legal process
b. Imprescriptible
The filing of a disciplinary action does not prescribe  Rule 1.03 - Duty to not encourage
despite the number of years lapsed [Frias v. Bautista-Lozada]. lawsuits
The 2006 En Banc case of Frias (supra) expressly struck  Rule 6.01 - A prosecutor shall see to it
down Sec. 1, Rule 8 of the Rules of Procedure of the Commission that justice is done
on Bar Discipline (CBD) which provides that a complaint for  Rule 10.03 - A lawyer shall not misuse
disbarment, suspension or discipline of attorneys prescribes in two rules of procedure
(2) years from the date of discovery of professional misconduct.  Rule 12.02 - A lawyer shall not file
The provision runs afoul of the settled rulings of the Supreme multiple actions
Court and should therefore be struck down as void for being ultra
 Rule 12.04 - A lawyer shall not delay
vires.
nor impede execution of judgment.
 Rule 19.01 - A lawyer shall employ fair
2. Grounds (Rules of Court)
and honest means to attain the objectives
of his client
a. In General
Any act on the part of a lawyer that obstructs, perverts or
Section 27. Attorneys removed or suspended by Supreme
impedes the administration of justice constitutes misconduct and
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 justifies disciplinary action against him [Cantorne v. Ducasin].
deceit, malpractice, or other gross misconduct in such office, grossly Ordinarily, obstruction in the administration of justice constitutes
immoral conduct, or by reason of his conviction of a crime involving contempt of court, and citing the offender for contempt and
moral turpitude, or for any violation of the oath which he is required to punishing him for such misbehavior may be sufficient to
take before the admission to practice, or for a wilfull disobedience of accomplish the end desired. However, misbehavior may be of such
any lawful order of a superior court, or for corruptly or willful character as to affect the offender’s qualifications as a lawyer for
appearing as an attorney for a party to a case without authority so to the practice of his profession. In such a case, he may be disciplined
do. The practice of soliciting cases at law for the purpose of gain, either
as an attorney for such misconduct [In Re Almacen].
personally or through paid agents or brokers, constitutes malpractice.

(ii) Misleading the Court

The enumeration is not exclusive [Rayong v. Oblena]. A
lawyer may be removed from office or suspended from the practice
 Canon 10 - A lawyer owes candor,
of law on the grounds other than those specifically provided in the
fairness and good faith to the court
law [Bolivar v. De Leon].
Any misconduct on the part of a lawyer in his
- Rule 10.01 A lawyer shall do no
professional or private capacity which shows him to be wanting in
falsehood.
moral character may justify his suspension or removal from office
- Rule 10.02 - A lawyer should
even though the law does not specify the acts as a ground for
not misquote nor misrepresent.
disciplinary action [Mortel v. Aspiras].
Broadly speaking, the grounds for disbarment or
 Canon 12 – A lawyer shall exert every
suspension of a lawyer consist of those acts of misconduct
effort and consider it his duty to assist in
committed before and after his admission to practice. The acts of
the speedy and efficient administration of
misconduct prior to admission include those which indicate that at
justice
the time the lawyer took his oath, he did not possess the required
qualifications for membership in the bar.
A lawyer must be a disciple of truth. He owes candor,
Two requisites must concur before he may be suspended
fairness and good faith to the courts. He shall neither do any
or disbarred for misconduct committed before his admission:
falsehood, nor consent to the doing of any. He also has a duty not
to mislead or allow the courts to be misled by any artifice [Benguet
Electric Cooperative, Inc. v. Flores].
Page 22 of 38
  Rule 11.04 – A lawyer shall not attribute
(iii) Forum Shopping to a judge improper motives.
 Rule 11.05 – A lawyer shall not criticize
 Rule 12.02 – A lawyer shall not file the personal or official conduct of the
multiple actions. judge

A willful violation of the non-forum shopping rule The term “willful” conveys the idea of flagrant
constitutes direct contempt of court and makes the lawyer liable misconduct such as would indicate a disposition on the part of a
administratively, such as suspension from practice of law for one lawyer so refractory in its character as to affect his qualifications
year [Ibid]. and standing for the further exercise of his office as attorney. [In
Re: MacDougall].
(iv) Proffering False Charges
(viii) Using vicious or disrespectful
 Rule 10.01 – A lawyer shall do no language
falsehood.
 Rule 8.01 – A lawyer shall use
A lawyer, including a public prosecutor, may be temperate language
disciplined for filing or prosecuting false charges against another,  Rule 11.03 – A lawyer shall abstain
for his action is a violation of his sword duty to do no falsehood from offensive language or behavior.
nor consent to the doing of any in court, nor wittingly or willingly
promote or sue any false, groundless or unlawful suit [Retuya v. The use by a lawyer of vicious, intemperate, abrasive,
Gorduiz]. threatening or disrespectful language against the judge constitutes
direct contempt as well as a violation of the lawyer’s oath and a
(v) Introducing False Evidence transgression of the Code of Professional Responsibility [In re
Almacen].
 Rule 10.01 – A lawyer shall do no
falsehood. (ix) Continuing to practice after
suspension
A lawyer may be suspended or disbarred for knowingly A lawyer may be disbarred for continuing to practice
presenting or introducing false evidence in any proceeding as his after his suspension from the practice of law [In re David].
act is a violation of his oath to do no falsehood nor consent to the
doing of any in court. (Agpalo, Legal and Judicial Ethics, p. 505, c. Breach of Duties to the Client
2009) His action constitutes a willful disregard of his solemn duty A lawyer owes his client the duty of entire devotion to
to act at all times in a manner consistent with the truth [Bautista v. his genuine interest, undivided allegiance, loyalty, fidelity and
Gonzales]. absolute integrity. Gross violation of such duty subjects the lawyer
to disciplinary action [In re Oliva].
(vi) Blackmail
(i) Negligence in the performance of
 Rule 19.01 – A lawyer shall employ fair duties
and honest means to attain the objectives
of his client  Rule 18.03 – A lawyer shall not neglect a
 Rule 19.02 – A lawyer shall not allow his legal matter entrusted to him.
client perpetuate fraud
The failure to exercise due diligence or the abandonment
Blackmail is the extortion of money from a person by of the client’s cause makes the lawyer unworthy of the trust which
threats of accusation of exposure or opposition in the public prints, the client has reposed in him. There is no hard and fast rule as to
obtaining of value from a person as a condition of refraining from what is gross misconduct in the performance of the lawyer’s duty
making an accusation against him, or disclosing some secret which to his client. That question depends upon the circumstances if the
is calculated to operate to his prejudice [Pena v. Aparicio]. case, the nature of the act done and the motive which induced him
to do the act charged.
(vii) Willfully disobeying the court
orders and disrespect to the court (ii) Employment of lawful means

 Canon 10 – A lawyer owes candor,  Rule 19.01 of the CPR ordain that a
fairness and good faith to the court lawyer shall employ only fair and honest
 Rule 10.01 –A lawyer shall do no means to attain the lawful objective of his
falsehood. client
 Rule 10.03 –A lawyer shall not misuse
rules of procedure. (iii) Deceit or misrepresentation
 Canon 11 – A lawyer shall observe and
maintain the respect due to the courts  Rule 1.01 –Duty not to engage in unlawful
and to judicial officers and should insist conduct
on similar conduct by others  Rule 10.02 - A lawyer should not
 Rule 11.03 – A lawyer shall abstain misquote nor misrepresent.
from offensive language or behavior.  Rule 12.06 – A lawyer shall not assist a
witness to misrepresent
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 A lawyer may be suspended or disbarred for deceit or d. Breaches of Duty to the Bar
misrepresentation to the prejudice of or as a means to defraud his Unprofessional conduct is that which violates the rules of
client [In re Paraiso]. Implicit in these fraudulent acts are bad faith ethical code of the legal profession or which is unbecoming of a
on the part of the lawyer and material damage to the client, which member of the bar [Tan Bek Keng v. David].
are the requisites that should concur to justify the suspension or
disbarment of the lawyer on the ground deceit or misrepresentation. (i) Defaming fellow lawyers

(iv) Representing adverse interests and  Canon 7 - A lawyer shall at all times
revealing client’s secrets uphold the integrity and dignity of the
legal profession and support the
 Rule 15.01 – A lawyer shall ascertain activities of the integrated bar.
possible conflict of interests  Canon 8 – A lawyer shall conduct
 Rule 15.02 – A lawyer shall preserve the himself with courtesy, fairness and
secrets of a prospective client candor towards his professional
 Rule 15.03 – A lawyer shall not represent colleagues, and shall avoid harassing
conflicting interests except by written tactics against opposing counsel.
consent of all concerned given after a full
disclosure of the facts - Rule 8.02 –A lawyer shall not
encroach upon the business of
In the absence of written consent on the part of the another lawyer.
clients concerned, a lawyer may not represent conflicting interests
without being disciplined for such misconduct [In re Hamilton]. It is unethical for a lawyer to use improper and
The reason is that the representation of conflicting interests not objectionable language against another lawyer or to cause him
only constitutes malpractice [Cantorne v. Ducasin] but is also a wantonly and maliciously of a serious misconduct in the absence of
violation of the attorney-client relationship as well a lawyer’s duty a reasonable cause [Asturias Sugar Central v. Pure Cane
to a court. [In re Hamilton]. Molasses].
Exception: A strongly worded statement by a lawyer
(v) Failing to account for or against opposing counsel, if justified by the records, may not
misappropriating client’s property justify disciplinary action against him [Phil. Surety & Ins. Co. v.
Royal Oil Product].
 Rule 16.01 – A lawyer shall account for
client’s funds (ii) Communicating with adverse party
 Rule 16.02 – A lawyer shall not
commingle client’s funds  Rule 8.02 – A lawyer shall not encroach
 Rule 16.03 – A lawyer shall deliver upon the business of another lawyer.
funds to client, subject to his lien  Canon 9 of the Code of Professional
Ethics provides that a “lawyer should
While a lawyer has a right to be paid for the legal not in any way communicate upon the
services he has rendered to his client, he should not exercise such subject of controversy with a party
right whimsically by appropriating to himself the client’s money to represented by counsel, much less
pay his fees without the client’s consent. His doing so makes him should he undertake to negotiate or
administratively liable for deceit in dealing with his client [Rivera compromise with matter with him, but
v. Angeles]. should only deal with his counsel.”

(vi) Collecting Unreasonable Fees Violation of this canon entails disciplinary sanction, such
A lawyer may be disciplined for collecting exorbitant as suspension from the practice of law for 3 months [Camacho v.
fees for his services, applying the client’s money to pay his Pangulayan].
unreasonable claim for work done without the client’s consent or
refusing to return to his client what he collected as payment or for (iii) Soliciting Business
refusing to return to his client what he collected as payment for The solicitation by a lawyer of cases at law for the
professional services which he never rendered [Espere v. Santos]. purpose of gain, either personally or through paid agents or
brokers, constitutes malpractice sufficient to warrant the lawyer’s
(vii) Willfully appearing without being reprimand, suspension from the practice of law or removal from
retained office. (Rule 138, Sec. 27, ROC)

 Rule 8.02 – A lawyer shall not encroach (iv) Cooperating in illegal practice of
upon the business of another lawyer. law

A lawyer may not represent a litigant without authority  Canon 9 – A lawyer shall not, directly or
from the latter or from the latter’s representative or, in the absence indirectly, assist in the unauthorized
thereof, without leave of court. (Rule 138, Sec. 21, ROC) The practice of law.
lawyer’s appearance for a party without the latter’s authority must  Rule 9.01 - A lawyer shall not delegate
be willful, corrupt or contumacious in order that he may be held legal work to non-lawyers.
liable held therefor. If he acts in good faith, then the complaint for
suspension or disbarment must fail [Garrido v. Quisumbing].
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 A layman or a disbarred or suspended lawyer may not one year shall be a ground for the removal of the name of the
practice law without being held liable for contempt of court. (Rule delinquent member from the Roll of Attorneys [In re: Edillon].
71, Sec. 3, ROC) The Canons of Professional Ethics warn that “no
lawyer shall permit his professional services, or his name, to be 3. Proceedings (Rule 139-B, Rules of Court)
used in aid of, or to make possible, the unauthorized practice of law
by any law agency, personal or corporate.” a. How Instituted

e. Other Grounds for Discipline Section 1. How Instituted. - Proceedings for the disbarment,
suspension, or discipline of attorneys may be taken by the Supreme
(i) Nonprofessional misconduct Court motu propio, or upon the filing of a verified complaint of any
A lawyer may not be suspended or disbarred for any act person before the Supreme Court or the Integrated Bar of the
Philippines (IBP). The complaint shall state clearly and concisely the
in his private capacity [In re Edillon].
facts complained of and shall be supported by affidavits of persons
Exception: When however the misconduct is so grave having personal knowledge of the facts therein alleged and/or by such
that would make him morally unfit for the office and unworthy of documents as may substantiate said facts.
the privilege, the court may suspend or disbar him [Melendez v. The IBP shall forward to the Supreme Court for
Decena]. appropriate disposition all complaints for disbarment, suspension and
discipline filed against incumbent Justices of the Court of Appeals,
(ii) Gross Immorality Sandiganbayan, Court of Tax Appeals and judges of lower courts, or
A “grossly immoral act” is one that is so corrupt and against lawyers in the government service, whether or not they are
charged singly or jointly with other respondents, and whether or not
false as to constitute a criminal act or so unprincipled or
such complaint deals with acts unrelated to the discharge of their
disgraceful as to be reprehensible to the highest degree [Narag v. official functions. If the complaint is filed before the IBP, six ( 6) copies
Narag]. Even if a lawyer is not judged as grossly immoral, he may of the verified complaint shall be filed with the Secretary of the IBP or
nonetheless be reprimanded where such evidence shows failure on the Secretary of any of its chapter who shall forthwith transmit the
his part to comply with the rigorous standards of conduct same to the IBP Board of Governors for assignment to an
appropriately required from members of the bar and court [Tolosa investigator.”
v. Cargo].
b. Proceedings In the Integrated Bar of The
(iii)Conviction of crime involving moral Philippines
turpitude
An attorney may be suspended or disbarred by reason of (i) National Grievance Investigators
his conviction of a crime involving moral turpitude [De Jesus-
Paras v. Vailoces]. Section 2. National Grievance Investigators. — The Board of
Governors shall appoint from among IBP members an Investigator or,
(iv) Misconduct in the discharge of duties when special circumstances so warrant, a panel of three (3)
as a public officer investigators to investigate the complaint. All Investigators shall take
an oath of office in the form prescribed by the Board of Governors. A
Canon 6 of the CPR states that the Code applies to
copy of the Investigator's appointment and oath shall be transmitted to
lawyers in government service in the discharge of their official
the Supreme Court.
tasks and makes their negligence in the performance of their duties An Investigator may be disqualified by reason of
as government lawyers a ground for disciplinary action. In case of relationship within the fourth degree of consanguinity of affinity to any
government lawyers, administrative discipline may be imposed by of the parties of their counsel, pecuniary interest, personal bias, or his
both the Civil Service Commission (which has jurisdiction over having acted as counsel to his acting as such Investigator. Where the
civil servants) and by the Supreme Court (which has jurisdiction Investigator does not disqualify himself, a party may appeal to the IBP
over lawyers). 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
(v) Misconduct as notary public 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
Two-fold penalty: disqualification or removal shall be final.

 For the act and omission as a notary public; Section 3. Duties of the National Grievance Investigator. —
and, The National Grievance Investigators shall investigate all complaints
 For act or omission as a lawyer. By applying against members of the Integrated Bar referred to them by the IBP
for and having himself commissioned as notary Board of Governors.
public, a lawyer assumes these duties in a dual
capacity, in the non-performance of which Section 4. Chapter assistance to complainant. — The proper
duties he may be disciplined as a member of IBP Chapter may assist the complainant(s) in the preparation and
the bar. He may be held to account as a lawyer filing of his complaint(s).
for an act as a notary public of a disgraceful or
immoral character even to the extent of the (ii) Service of Dismissal
disbarment [Benguet Electric Cooperative v.
Flores]. Section 5. Service or dismissal. - If the complaint appears to
be meritorious, the Investigator shall direct that a copy thereof be
(vi) Nonpayment of IBP dues served upon the respondent, requiring him to answer the same within
fifteen (15) days from the date of service.
The lawyer’s failure or refusal to pay such dues or
If the complaint does not merit action, or if the answer
special assessments for six months shall warrant suspension of shows to the satisfaction of the Investigator that the complaint is not
membership in the Integrated Bar, and default in such payment for meritorious, the Investigator will recommend to the Board of
Governors the dismissal of the complaint.

Page 25 of 38
 Thereafter, the procedure in Section 12 of this Rule shall may result in a miscarriage of justice, in which event the Board shall
apply. No investigation shall be interrupted or terminated by reason of take such remedial action as the circumstances may warrant, including
the desistance, settlement, compromise, restitution, withdrawal of the invalidation of the entire proceedings.
charges, or failure of the complainant to prosecute the same, unless the
Supreme Court motu propio or upon recommendation of the IBP (vii) Review and Decision
Board of Governors, determines that there is no compelling reason to
continue with the disbarment or suspension proceedings against the
respondent Section 12. Review and recommendation by the Board of
Governors.
a) Every case heard by an investigator shall be reviewed by
(iii) Investigation the IBP Board of Governors upon the record and evidence transmitted
to it by the Investigator with his report.
Section 8. Investigation. — Upon joinder of issues or upon b) After its review, the Board, by the vote of a majority of its
failure of the respondent to answer, the Investigator shall, with total membership, shall recommend to the Supreme Court the
deliberate speed, proceed with the investigation of the case. He shall dismissal of the complaint or the imposition of disciplinary action
have the power to issue subpoenas and administer oaths. The against the respondent.
respondent shall be given full opportunity to defend himself, to present The Board shall issue a resolution setting forth its findings
witnesses on his behalf, and be heard by himself and counsel. However, and recommendations, clearly and distinctly stating the facts and the
if upon reasonable notice, the respondent fails to appear, the reasons on which it is based.
investigation shall proceed ex parte. The resolution shall be issued within a period not exceeding
The Investigator shall terminate the investigation within thirty (30) days from the next meeting of the Board following the
three (3) months from the date of its commencement, unless extended submission of the Investigator's report.
for good cause by the Board of Governors upon prior application. c) The Board's resolution, together with the entire records
Willful failure or refusal to obey a subpoena or any other and all evidence presented and submitted, shall be transmitted to the
lawful order issued by the Investigator shall be dealt with as for Supreme Court for final action within ten (10) days from issuance of
indirect contempt of court. The corresponding charge shall be filed by the resolution.
the Investigator before the IBP Board of Governors which shall d) Notice of the resolution of the Board shall be given to all
require the alleged contemnor to show cause within ten (10) days from parties through their counsel, if any.
notice. The IBP Board of Governors may thereafter conduct hearings,
if necessary, in accordance with the procedure set forth in this Rule for c. Proceedings in the Supreme Court
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 Section 13. Investigation of complaints. - In proceedings
like period of fifteen (15) days issue a resolution setting forth its initiated by the Supreme Court, or in other proceedings when the
findings and recommendations, which shall forthwith be transmitted to interest of justice so requires, the Supreme Court may refer the case
the Supreme Court for final action and if warranted, the imposition of for investigation to the Office of the Bar Confidant, or to any officer of
penalty. 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
(iv) Depositions conducted directly by the Supreme Court.
The complaint may also be referred to the IBP for
Section 9. Depositions. — Depositions may be taken in investigation, report, and recommendation.
accordance with the Rules of Court with leave of the investigator(s).
Within the Philippines, depositions may be taken before any
Section 14. Report of the Solicitor General of other Court-
member of the Board of Governors, the President of any Chapter, or
designated Investigator. — Based upon the evidence adduced at the
any officer authorized by law to administer oaths.
investigation, the Solicitor General or other Investigator designated by
Depositions may be taken outside the Philippines before
the Supreme Court shall submit to the Supreme Court a report
diplomatic or consular representative of the Philippine Government or
containing his findings of fact and recommendations for the final
before any person agreed upon by the parties or designated by the
action of the Supreme Court.
Board of Governors.
Any suitable member of the Integrated Bar in the place
where a deposition shall be taken may be designated by the d. Common Provisions
Investigator to assist the complainant or the respondent in taking a
deposition. (i) Suspension of Attorney by Supreme
Court
(v) Report of Investigator
Section 15. Suspension of attorney by Supreme Court. - After
Section 10. Report of Investigator. — Not later than thirty receipt of respondent's answer or lapse of the period therefor, the
(30) days from the termination of the investigation, the Investigator Supreme Court, motu propio, or upon the recommendation of the IBP
shall submit a report containing his findings of fact and Board of Governors, may suspend an attorney from the practice of his
recommendations to the IBP Board of Governors, together with the profession for any of the causes specified in Rule 138, section 27,
stenographic notes and the transcript thereof, and all the evidence during the pendency of the investigation until such suspension is lifted
presented during the investigation. The submission of the report need by the Supreme Court.
not await the transcription of the stenographic notes, it being sufficient
that the report reproduce substantially from the Investigator's (ii) Suspension of Attorney by the Court
personal notes any relevant and pertinent testimonies. of Appeals or a Regional Trial Court

(vi) Defects Section 16. Suspension of attorney by the Court of Appeals or

a Regional Trial Court. 1 — The Court of Appeals or Regional Trial
Section 11. Defects. — No defect in a complaint, notice, Court may suspend an attorney from practice for any of the causes
answer, or in the proceeding or the Investigator's Report shall be named in Rule 138, Section 27 2, until further action of the Supreme
considered as substantial unless the Board of Governors, upon Court in the case.
considering the whole record, finds that such defect has resulted or

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 (iii) Upon Suspension by Court of (4)  the notary public notarizes the signature by thumb or
Appeals or Regional Trial Court, other mark through an acknowledgment, jurat, or signature
witnessing.
Section 17. Upon suspension by Court of Appeals or Regional (c) A notary public is authorized to sign on behalf of a
Trial Court, further proceedings in Supreme Court. — Upon such person who is physically unable to sign or make a mark on an
suspension, the Court of Appeals or a Regional Trial Court shall instrument or document if:
forthwith transmit to the Supreme Court a certified copy of the order (1)  the notary public is directed by the person unable to sign
of suspension and a full statement of the facts upon which the same was or make a mark to sign on his behalf;
based. Upon receipt of such certified copy and statement, the Supreme (2)  the signature of the notary public is affixed in the
Court shall make a full investigation of the case and may revoke, presence of two disinterested and unaffected witnesses to the
shorten or extend the suspension, or disbar the attorney as the facts instrument or document;
may warrant. (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
(iv) Confidentiality two [2] witnesses)”; and
(5) the notary public notarizes his signature by
Section 18. Confidentiality. — Proceedings against attorneys acknowledgment or jurat.
shall be private and confidential. However, the final order of the
Supreme Court shall be published like its decisions in other cases. a. Prohibitions

D. NOTARIAL PRACTICE (A.M. No. 02-8-13-SC) Section 2. Prohibitions. - (a) A notary public shall not
perform a notarial act outside his regular place of work or business;
1. Qualifications of a Notary Public (Rule III) provided, however, that on certain exceptional occasions or situations,
a notarial act may be performed at the request of the parties in the
SECTION 1. Qualifications. - A notarial commission may be following sites located within his territorial jurisdiction: 
issued by an Executive Judge to any qualified person who submits a (1)  public offices, convention halls, and similar places where
petition in accordance with these Rules. chan robles virtual law library oaths of office may be administered;
To be eligible for commissioning as notary public, the (2)  public function areas in hotels and similar places for the
petitioner: signing of instruments or documents requiring notarization;
(1)  must be a citizen of the Philippines;  (3) hospitals and other medical institutions where a party to
(2)  must be over twenty-one (21) years of age;  an instrument or document is confined for treatment; and
(3)  must be a resident in the Philippines for at least one (1) (4)  any place where a party to an instrument or document
year and maintains a regular place of work or business in the city or requiring notarization is under detention.
province where the commission is to be issued; (b) A person shall not perform a notarial act if the person
(4) must be a member of the Philippine Bar in good standing involved as signatory to the instrument or document –
with clearances from the Office of the Bar Confidant of the Supreme (1)  is not in the notary's presence personally at the time of
Court and the Integrated Bar of the Philippines; and the notarization; and
(5)  must not have been convicted in the first instance of any (2)  is not personally known to the notary public or
crime involving moral turpitude. otherwise identified by the notary public through competent evidence
of identity as defined by these Rules. chan robles virtual law library

2. Term of Office of a Notary Public (Rule III)

b. Disqualifications
Section 11. Jurisdiction and Term. - A person commissioned
Section 3. Disqualifications. - A notary public is disqualified
as notary public may perform notarial acts in any place within the
from performing a notarial act if he:
territorial jurisdiction of the commissioning court for a period of two
(a)  is a party to the instrument or document that is to be
(2) years commencing the first day of January of the year in which the
notarized; 
commissioning is made, unless earlier revoked or the notary public has
(b)  will receive, as a direct or indirect result, any
resigned under these Rules and the Rules of Court.
commission, fee, advantage, right, title, interest, cash, property, or
other consideration, except as provided by these Rules and by law; or
3. Powers and Limitations (Rule IV) (c)  is a spouse, common-law partner, ancestor, descendant,
or relative by affinity or consanguinity of the principal within the
Section 1. Powers. - (a) A notary public is empowered to fourth civil degree.
perform the following notarial acts:
(1) acknowledgments; c. Refusal to Notarize
(2) oaths and affirmations;
(3) jurats; 
Section 4. Refusal to Notarize. - A notary public shall not
(4) signature witnessings;
perform any notarial act described in these Rules for any person
(5) copy certifications; and
requesting such an act even if he tenders the appropriate fee specified
(6) any other act authorized by these Rules.
by these Rules if:
(b) A notary public is authorized to certify the affixing of a
(a)  the notary knows or has good reason to believe that the
signature by thumb or other mark on an instrument or document
notarial act or transaction is unlawful or immoral;
presented for notarization if:
(b)  the signatory shows a demeanor which engenders in the
(1)  the thumb or other mark is affixed in the presence of the
mind of the notary public reasonable doubt as to the former's
notary public and of two (2) disinterested and unaffected witnesses to
knowledge of the consequences of the transaction requiring a notarial
the instrument or document;
act; and
(2)  both witnesses sign their own names in addition to the
(c)  in the notary's judgment, the signatory is not acting of
thumb or other mark;
his or her own free will.
(3)  the notary public writes below the thumb or other mark:
"Thumb or Other Mark affixed by (name of signatory by mark) in the
Section 5. False or Incomplete Certificate. - A notary public
presence of (names and addresses of witnesses) and undersigned notary
shall not:
public"; and chan robles virtual law library

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 (a)  execute a certificate containing information known or corresponding to the one in his register, and shall also state on the
believed by the notary to be false. instrument or document the page/s of his register on which the same is
(b)  affix an official signature or seal on a notarial certificate recorded. No blank line shall be left between entries.
that is incomplete. (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
d. Improper Instruments or Documents 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
Section 6. Improper Instruments or Documents. - A notary given, to whom and in what manner; where the same was made, when
public shall not notarize: and to whom and where directed; and of every other fact touching the
(a) a blank or incomplete instrument or document; or same.
(b) an instrument or document without appropriate notarial (g) At the end of each week, the notary public shall certify in
certification. his notarial register the number of instruments or documents executed,
sworn to, acknowledged, or protested before him; or if none, this
4. Notarial Register (Rule VI) certificate shall show this fact.
(h) A certified copy of each month's entries and a duplicate
a. Form 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
SECTION 1. Form of Notarial Register. - (a) A notary of such officer. If there is no entry to certify for the month, the notary
public shall keep, maintain, protect and provide for lawful inspection shall forward a statement to this effect in lieu of certified copies herein
as provided in these Rules, a chronological official notarial register of required.
notarial acts consisting of a permanently bound book with numbered
pages. 
The register shall be kept in books to be furnished by the c. Signatures and Thumbmarks
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 Section 3. Signatures and Thumbmarks. - At the time of
page, the Solicitor General shall certify the number of pages of which notarization, the notary's notarial register shall be signed or a thumb
the book consists or other mark affixed by each:
For purposes of this provision, a Memorandum of (a) principal;
Agreement or Understanding may be entered into by the Office of the (b) credible witness swearing or affirming to the identity of a
Solicitor General and the Office of the Court Administrator. chan principal; and
robles virtual law library (c) witness to a signature by thumb or other mark, or to a
(b) A notary public shall keep only one active notarial signing by the notary public on behalf of a person physically unable to
register at any given time. sign.

d. Inspection
b. Entries
Section 4. Inspection, Copying and Disposal. - (a) In the
Section 2. Entries in the Notarial Register. - (a) For every notary's presence, any person may inspect an entry in the notarial
notarial act, the notary shall record in the notarial register at the time register, during regular business hours, provided;
of notarization the following: (1) the person's identity is personally known to the notary
(1) the entry number and page number; public or proven through competent evidence of identity as defined in
(2) the date and time of day of the notarial act; these Rules;
(3) the type of notarial act;  (2) the person affixes a signature and thumb or other mark
(4) the title or description of the instrument, document or or other recognized identifier, in the notarial register in a separate,
proceeding; dated entry;
(5) the name and address of each principal; (3) the person specifies the month, year, type of instrument
(6) the competent evidence of identity as defined by these or document, and name of the principal in the notarial act or acts
Rules if the signatory is not  sought; and
personally known to the notary; (4) the person is shown only the entry or entries specified by
(7) the name and address of each credible witness swearing him.
to or affirming the person's identity; (b) The notarial register may be examined by a law
(8) the fee charged for the notarial act; enforcement officer in the course of an official investigation or by
(9) the address where the notarization was performed if not virtue of a court order.
in the notary's regular place of work or business; and (c) If the notary public has a reasonable ground to believe
(10)  any other circumstance the notary public may deem of that a person has a criminal intent or wrongful motive in requesting
significance or relevance. information from the notarial register, the notary shall deny access to
(b) A notary public shall record in the notarial register the any entry or entries therein.
reasons and circumstances for not completing a notarial act.
(c) A notary public shall record in the notarial register the e. Loss, Destruction or Damage of Notarial
circumstances of any request to inspect or copy an entry in the notarial
Register
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 Section 5. Loss, Destruction or Damage of Notarial Register.
entry shall also be recorded. - (a) In case the notarial register is stolen, lost, destroyed, damaged, or
(d) When the instrument or document is a contract, the otherwise rendered unusable or illegible as a record of notarial acts,
notary public shall keep an original copy thereof as part of his records the notary public shall, within ten (10) days after informing the
and enter in said records a brief description of the substance thereof appropriate law enforcement agency in the case of theft or vandalism,
and shall give to each entry a consecutive number, beginning with notify the Executive Judge by any means providing a proper receipt or
number one in each calendar year. He shall also retain a duplicate acknowledgment, including registered mail and also provide a copy or
original copy for the Clerk of Court. number of any pertinent police report.cralaw
(e) The notary public shall give to each instrument or
document executed, sworn to, or acknowledged before him a number

Page 28 of 38
 (b) Upon revocation or expiration of a notarial commission, dismissed. If the charges are duly established, the Executive Judge
or death of the notary public, the notarial register and notarial records shall impose the appropriate administrative sanctions. In either case,
shall immediately be delivered to the office of the Executive Judge. the aggrieved party may appeal the decision to the Supreme Court for
review. Pending the appeal, an order imposing disciplinary sanctions
f. Issuance of Certified True Copies shall be immediately executory, unless otherwise ordered by the
Supreme Court.
(d) The Executive Judge may motu proprio initiate
Section 6. Issuance of Certified True Copies. - The notary administrative proceedings against a notary public, subject to the
public shall supply a certified true copy of the notarial record, or any procedures prescribed in paragraph (c) above and impose the
part thereof, to any person applying for such copy upon payment of the appropriate administrative sanctions on the grounds mentioned in the
legal fees. preceding paragraphs (a) and (b).

5. Competent Evidence of Identity (Rule II) Section 2. Supervision and Monitoring of Notaries Public. -
The Executive Judge shall at all times exercise supervision over
Section 12. Competent Evidence of Identity. - The phrase notaries public and shall closely monitor their activities. 
“competent evidence of identity” refers to the identification of an
individual based on:
Section 3. Publication of Revocations and Administrative
(a) at least one current identification document issued by an
Sanctions. - The Executive Judge shall immediately order the Clerk of
official agency bearing the photograph and signature of the individual,
Court to post in a conspicuous place in the offices of the Executive
such as but not limited to, passport, driver’s license, Professional
Judge and of the Clerk of Court the names of notaries public who have
Regulations Commission ID, National Bureau of Investigation
been administratively sanctioned or whose notarial commissions have
clearance, police clearance, postal ID, voter’s ID, Barangay
been revoked.
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 II
ID, seaman’s book, alien certificate of registration/immigrant JUDICIAL ETHICS
certificate of registration, government office ID, certification from the
National Council for the Welfare of Disable Persons (NCWDP),
A. QUALITIES (A.M. No. 03-05-01-SC)
Department of Social Welfare and Development (DSWD) certification;
o
(b)  the oath or affirmation of one credible witness not privy 1. Independence
to the instrument, document or transaction who is personally known to
the notary public and who personally knows the individual, or of two CANON 1. Judicial independence is a pre-requisite to the
credible witnesses neither of whom is privy to the instrument, rule of law and a fundamental guarantee of a fair trial. A judge shall
document or transaction who each personally knows the individual and therefore uphold and exemplify judicial independence in both its
shows to the notary public documentary identification. individual and institutional aspects.

6. Sanctions (Rule XI) a. Independent Judicial Function

SECTION 1. Revocation and Administrative Sanctions. - (a) Section 1. Judges shall exercise the judicial function
The Executive Judge shall revoke a notarial commission for any independently on the basis of their assessment of the facts and in
ground on which an application for a commission may be denied.  accordance with a conscientious understanding of the law, free of any
(b) In addition, the Executive Judge may revoke the extraneous influence, inducement, pressure, threat or interference,
commission of, or impose appropriate administrative sanctions upon, direct or indirect, from any quarter or for any reason.
any notary public who:
(1) fails to keep a notarial register;
b. Outside Pressure
(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 Section 2. In performing judicial duties, Judges shall be
Judge within the first ten (10) days of the month following; independent from judicial colleagues in respect of decisions which the
(4) fails to affix to acknowledgments the date of expiration of judge is obliged to make independently.
his commission;
(5) fails to submit his notarial register, when filled, to the A judge must not be affected by political interests. In
Executive Judge; every case, the judge should endeavor to ascertain the facts and the
(6) fails to make his report, within a reasonable time, to the
applicable laws unswayed by partisan or personal interests, public
Executive Judge concerning the performance of his duties, as may be
opinion or fear or criticism. The judge should not have allowed
required by the judge;
(7) fails to require the presence of a principal at the time of himself to be swayed in issuing an order fixing bail for the
the notarial act; temporary release of the accused charged with murder, without a
(8) fails to identify a principal on the basis of personal hearing. The fact that one of the counsels staged a rally demanding
knowledge or competent evidence; the issuance of warrants of arrest is not an excuse for the
(9) executes a false or incomplete certificate under Section 5, unjustified haste of the judge to fix bail without a hearing [Libarios
Rule IV; v. Dabalos].
(10)  knowingly performs or fails to perform any other act
A judge must not be affected by political interests In
prohibited or mandated by these Rules; and
every case, the judge should endeavor to ascertain the facts and the
(11)  commits any other dereliction or act which in the
judgment of the Executive Judge constitutes good cause for revocation applicable laws unswayed by partisan or personal interests, public
of commission or imposition of administrative sanction. opinion or fear or criticism. The judge should not have allowed
(c) Upon verified complaint by an interested, affected or himself to be swayed in issuing an order fixing bail for the
aggrieved person, the notary public shall be required to file a verified temporary release of the accused charged with murder, without a
answer to the complaint.  If the answer of the notary public is not hearing. The fact that one of the counsels staged a rally demanding
satisfactory, the Executive Judge shall conduct a summary hearing. If the issuance of warrants of arrest is not an excuse for the
the allegations of the complaint are not proven, the complaint shall be

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unjustified haste of the judge to fix bail without a hearing [Libarios through whom the administration of the affairs of the court
v. Dabalos]. precedes. For judicial independence to be a reality, the least
interference by or influence from other governmental departments
c. Influencing the Outcome of Litigation is of the essence. Only this Court has the authority to order a
personnel accounting of locally-funded employees assigned in the
Section 3. Judges shall refrain from influencing in any lower courts to determine the necessity of their detail [Alfonso v.
manner the outcome of litigation or dispute pending before another Alonzo-Legasto].
court or administrative agency.
f. Independence from Society and Particular
Sub judice is a Latin term which refers to matters under Parties
or before a judge or court; or matters under judicial consideration.
In essence, the sub judice rule restricts comments and disclosures Section 6. Judges shall be independent in relation to society
pertaining to pending judicial proceedings. The restriction applies in general and in relation to the particular parties to a dispute which he
to litigants and witnesses, the public in general, and most especially or she has to adjudicate.
to members of the Bar and the Bench [Re: Republic v. Sereno].
g. Safeguards for Judicial Independence
Rationale behind the sub judice rule
What is, thus, sought to be protected is the all-important Section 7. Judges shall encourage and uphold safeguards for
duty of the court to administer justice in the decision of a pending the discharge of judicial duties in order to maintain and enhance the
case. The specific rationale for the sub judice rule is that courts, in institutional and operational independence of the judiciary.
the decision of issues of fact and law should be immune from every
extraneous influence; that facts should be decided upon evidence h. Promote Public Confidence
produced in court; and that the determination of such facts should
be uninfluenced by bias, prejudice or sympathies [Marantan v. Section 8. Judges shall exhibit and promote high standards
Diokno]. of judicial conduct in order to reinforce public confidence in the
judiciary which is fundamental to the maintenance of judicial
d. Influence on Judicial Conduct independence.

Section 4. Judges shall not allow family, social, or other What may be considered as improper acts, according to
relationships to influence judicial conduct or judgment. The prestige of jurisprudence
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 (i) When an RTC judge wrote a letter to an MTC
they are in a special position to influence the judge. judge over which he exercised supervision,
telling the latter to promptly hear and decide a
Judge shall not use his chambers as family residence. A case, or acquit, the Supreme Court held such
judge shall not use his chambers as his family’s residence, even RTC judge guilty of serious misconduct for
with the Governor’s permission [Presado v. Genova]. undue interest, in violation of the Code of
Judge shall not lend the prestige of his office to others. Judicial Conduct [Sabistana v. Villamor].
When a judge allowed himself to be dragged into what was purely (ii) Where an executive judge was request by a part
private matter between feuding families, he is guilty of misconduct. to go to a barangay conciliation proceeding,
By attending barangay conciliation proceedings and introducing and he introduced himself as the executive
himself as the Executive Judge, the judge lent the prestige of his judge in the area, the Supreme Court deemed
office to the party [Marces, Sr. v. Arcangel]. his behavior improper. A judge must refrain
Judge shall not permit any person to convey the from interfering in any matter in the outcome
impression that the latter has special influence over him. A Judge of a litigation before any court or another
should have inhibited himself in a case where the counsel administrative agency [Marces v. Arcangel].
appearing before him is a counsel of the judge’s family. For not
inhibiting himself immediately, the judge created the impression 2. Integrity
upon the complainant and the public that the counsel’s client was
in a position to influence him [Socorro Yulo-Tuvilla v. Judge Canon 2. Integrity
Balgos]. Integrity is essential not only to the proper discharge of the
judicial office but also to the personal demeanor of judges.
e. Independence from Executive and
Legislative Judge must have integrity even beyond the bench, in their
personal lives. A judge who violates marriage obligations under
Section 5. Judges shall not only be free from inappropriate our laws is liable administratively, as this Court protects the
connections with, and influence by, the executive and legislative credibility of the judiciary in administering justice. It cannot be
branches of government, but must also appear to be free therefrom to a expected to condone misconduct done knowingly on account of
reasonable observer. personal reasons, including religious expression [Perfecto v.
Esidera].
Judges must be vigilant in guarding their independence
against corroding influences emanating from the other branches of a. Conduct Above Reproach
the government. They must not succumb to the undue pressures of
high government officials. The only pressure they must respect is Section 1. Judges shall ensure that not only is their
pressure or dictate of the law [Garcia v. Bueser]. conduct above reproach, but that it is perceived to be so in the
It is absolutely essential to the proper administration of view of a reasonable observer.
justice that courts have full control over the official actions of those
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 The suspicion of appearance of bias or prejudice on the
To promote public confidence in the integrity and part of the part of the judge can be as damaging as actual bias or
impartiality of the judiciary because the people’s confidence in the prejudice, to the public convenience and administration of justice.
judicial system is founded not only on the magnitude of legal [Montemayor v. Bermejo, Jr.]. During the reorganization of the
knowledge and the diligence of the members of the bench, but also Court of Appeals, justices had manipulated who would be assigned
on the highest standard of integrity and moral uprightness they are to divisions in order to get cases where they have a certain amount
expected to possess. It is therefore paramount that a judge’s of influence. The Supreme Court declared that the Judiciary is
personal behavior both in the performance of his duties and his acclaimed as the firmest of the democratic institution. For judicial
daily life, be free from any appearance of impropriety as to be decisions to be credible instruments in the peaceful and democratic
beyond reproach [Tan v. Rosete]. resolution of conflicts, the courts must be perceived to be impartial,
A judge’s official conduct and behavior in the independent, competent, and just [Re: Letter of Presiding Judge
performance of judicial duties should be free from the appearance Conrado M. Vasquez Jr.].
of impropriety and must be beyond reproach [Alazas v. Reyes].
Judges are viewed as the visible representations of law and justice, c. Disciplinary Action
from whom the people draw the will and inclination to obey the
law. Their personal behavior, not only on the bench and in the Section 3. Judges should take or initiate appropriate
performance of judicial duties but also in their everyday lives, disciplinary measures against lawyers or court personnel for
should be beyond reproach [Jacinto v. Vallarta]. unprofessional conduct of which the judge may have become aware.
In a case, the wife of the judge filed an administrative
complaint against her own husband, named “Ferdinand Marcos,” Judges should not be lenient in in the administrative
claiming that ever since he was appointed as RTC judge, she no supervision of their employees. A judge must ensure that all court
longer received enough support for their sustenance and for the personnel perform efficiently and promptly in the administration of
children’s education. Because of this, the Court ruled that the judge justice. The inclination to leniency in the administrative
must behave with propriety at all times in order to promote public supervision of court employees is an undesirable trait. Oftentimes,
confidence in the integrity and impartiality of the judiciary. A such leniency provides the court employees the opportunity to
judge’s official life cannot simply be detached or separated from commit minor transgressions of the laws and slight breaches of
his personal existence [In re Complaint of Mrs Rotilla Marcos official duty ultimately leading to vicious delinquencies. A judge
against Judge Ferdinand Marcos]. should constantly keep a watchful eye on the conduct of his
A judge in a case was seen socializing in Mario’s employees. He should realize that big start small. His constant
Restaurant and EDSA Shang with then Congresswoman Venice scrutiny of the behavior of his employees would deter any abuse on
Agana, the mother of an accused in a case in his sala. the part of the latter in the exercise of their duties. Then, his
Administrative cases were filed against him on the ground of grave subordinates would know that any misdemeanor will not remain
abuse of discretion, when he had decided in favor of the same unchecked. The slightest semblance of impropriety on the part of
accused with whom he is chummy with. The Court ruled that a the employees of the court, in the performance of their official
judge should avoid impropriety and the appearance of impropriety duties stirs ripples of public suspicion and public distrust of the
in all his activities. A judge is not only required to be impartial but judicial administrators. The slightest breach of duty by and the
he must also appear to be impartial [Dela Cruz v. Bersamira]. slightest irregularity in the conduct of court officers and employees
detract from the dignity of the courts and erode the faith of the
b. Reaffirm People’s Faith people in the judiciary [Buenaventura v. Benedicto].

Section 2. The behavior and conduct of judges must reaffirm 3. Impartiality

the people's faith in the integrity of the judiciary. Justice musty not
merely be done but must also be seen to be done. Canon 3. Impartiality
Impartiality is essential to the proper discharge of the
A judge has the duty to not only render a just and judicial office. It applies not only to the decision itself but also to the
impartial decision, but also render it in such a manner as to be free process by which the decision to made.
from any suspicion as to its fairness and impartiality, and also as to
the judge’s integrity. It is obvious, therefore, that while judges a. Judicial Duties Free From Bias
should possess proficiency in law in order that they can
competently construe and enforce the law, it is more important that Section 1. Judges shall perform their judicial duties without
they should act and behave in such a manner that the parties before favor, bias or prejudice.
them should have confidence in their impartiality [Sibayan-
Joaquin v. Javellana]. A litigant is entitled to nothing less than the cold
While judges should possess proficiency in law in order neutrality of a judge. Due process requires it [Parayno v. Meneses].
that they can competently construe and enforce the law, it is more
important that they should act and behave in such a manner that the Extrajudicial source rule
parties before them should have confidence in their impartiality. Bias and prejudice must be shown to have resulted in an
[Tan v. Gallardo]. opinion on the merits on the basis of an extrajudicial source, not on
Where a judge is not legally disqualified from sitting in a what the judge learned from participating in the case. As long as
litigation, but suggestion is made of record that he might be opinions formed in the course of judicial proceedings are based on
induced to act in favor of one party or with bias or prejudice the evidence presented and the conduct observed by the magistrate,
against a litigant arising out of circumstances reasonable capable of such opinion – even if later found to be erroneous – will not prove
inciting such a state of mind, he should exercise his discretion in a personal bias or prejudice on the part of the judge. While palpable
way that the people’s faith in the courts of justice should not be error may be inferred from the decision or the order itself, extrinsic
impaired [Pimentel v. Salanga]. evidence is required to establish bias, bad faith, malice or corrupt
purpose [Gochan v. Gochan].

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 e. Mandatory and Compulsory
b. Promote Confidence, Impartiality Disqualifications

Section 2. Judges shall ensure that his or her conduct, both Section 5. Judges shall disqualify themselves from
in and out of court, maintains and enhances the confidence of the participating in any proceedings in which they are unable to decide the
public, the legal profession and litigants in the impartiality of the judge matter impartially or in which it may appear to a reasonable observer
and of the judiciary. that they are unable to decide the matter impartially. Such proceedings
include, but are not limited to, instances where
There is undue interference where the judge's a. The judge has actual bias or prejudice concerning a party
or personal knowledge of disputed evidentiary facts concerning the
participation in the conduct of the trial tends to build or to bolster a
proceedings;
case of one of the parties, such as when he orders the presentation b. The judge previously served as a lawyer or was a material
of specific documentary evidence without motion from any party witness in the matter in controversy;
or without participation of the parties as in the case of Ty v. Banco c. The judge, or a member of his or her family, has an
Filipino Savings and Mortgage Bank. However, it is within the economic interest in the outcome of the matter in controversy;
sound discretion of the trial judge to ask questions from witnesses, d. The judge served as executor, administrator, guardian,
if only to clarify what may appear to be vague points in the trustee or lawyer in the case or matter in controversy, or a former
narration. Questions designed to avoid obscurity in the testimony associate of the judge served as counsel during their association, or the
judge or lawyer was a material witness therein;
and to elicit additional relevant evidence are not improper [Paco et
e. The judge's ruling in a lower court is the subject of
al. v. Quilala]. review;
A judge should behave at all times in a way that f. The judge is related by consanguinity or affinity to a party
promotes public confidence in the integrity and impartiality of the litigant within the sixth civil degree or to counsel within the fourth civil
judiciary. The appearance of bias or prejudice can be as damaging degree; or
to public confidence and the administration of justice as actual bias g. The judge knows that his or her spouse or child has a
or prejudice [Montemayor v. Bemejo]. 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
c. Minimize Instances of Disqualifications
of the proceedings.

Section 3, Judges shall, so far as is reasonable, so conduct

f. Permittal of Disqualification
themselves as to minimize the occasions on which it will be necessary
for them to be disqualified from hearing or deciding cases.
Section 6. A judge disqualified as stated above may, instead
of withdrawing from the proceeding, disclose on the records the basis
d. Public Comments on Pending and
of disqualification. If, based on such disclosure, the parties and lawyers
Impending Cases independently of the judge's participation, all agree in writing that the
reason for the inhibition is immaterial or unsubstantial, the judge may
Section 4. Judges shall not knowingly, while a proceeding is then participate in the proceeding. The agreement, signed by all parties
before, or could come before, them make any comment that might and lawyers, shall be incorporated in the record of the proceedings.
reasonably be expected to affect the outcome of such proceeding or
impair the manifest fairness of the process. Nor shall judges make any
The Court held that there is nothing in Rule V or in any
comment in public or otherwise that might affect the fair trial of any
other part of the Internal Rules of the Court of Appeals that
person or issue.
specifically requires that the partylitigants be informed of the
mandatory or voluntary inhibition of a Justice. However, the Court
In Martinez v. Gironella, a judge was disqualified from
held that henceforth all the parties in any action or proceedings
trying a murder case against the accused (as principal), because, in
should be immediately notified of any mandatory disqualification
a decision in a prior case involving an alleged accessory, he stated
or voluntary inhibition of the Justice who has participated in any
that the accused in the present case committed the crime.
action of the court, stating the reason for the mandatory
In Palang v. Zosa, the judge, in deciding a previous
disqualification or voluntary inhibition. The requirement of notice
estafa case, stated that the charge was a “clear concocted story”
is a measure to ensure that the disqualification or inhibition has not
which caused great damage to the accused. When a case for
been resorted to in order to cause injustice to or to prejudice any
damages was filed by the accused against the complainant in the
party or cause [Re: Letters of Judge Eduardo].
estafa case, the judge voluntary inhibited himself. The Supreme
Court stated that the judge’s inhibition reinforced public faith in the
4. Propriety
impartial administration of justice.
In Gutierrez vs. Santos, a judge’s act of recusing himself
Canon 4, Propriety
from presiding over a case was upheld by the Supreme Court on
Propriety and the appearance of propriety are essential to
the ground that while he was still in private practice, the judge had the performance of all the activities of a judge.
expressed an opinion concerning an issue that would unduly
benefit one of the parties. However, more recently, the Supreme
a. Avoidance of Impropriety
Court has held that judges and justices are not disqualified from
participating in a case simply because they have written legal
Section 1. Judges shall avoid impropriety and the
articles on the law involved in the case [Chavez v. Public Estates
appearance of impropriety in all of their activities.
Authority].
Judge informing parties of weakness of one’s case
The Supreme Court held that it was improper for a judge
evidences partiality When a judge, in the secrecy of his chambers,
to visit jails and to confer with inmates who have pending cases
informs the parties of the weakness of one’s case, such party could
before her. The Court has consistently enjoined judges to avoid not
no longer be expected to have faith in his partiality. They could
just impropriety in their conduct but even the mere appearance of
very well conclude that there was prejudgment [Castillo v. Juan].
impropriety. The appearance of bias or prejudice can be damaging

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as actual bias or prejudice to the public’s confidence on the judge’s inability to refuse to the lawyer’s favors. Moreover, the
Judiciary’s role in the administration of justice. (Prosecutors Casar, actuation of a judge of eating and drinking in public places with a
et al. v. Soluren lawyer who has pending cases in his sala may well arouse
Judge should be free from any appearance of impropriety suspicion in the public mind, thus tending to erode the trust of the
both in his public and private life A judge’s official conduct should litigants in the impartiality of the judge [Padilla v. Zantua].
be free from any appearance of impropriety; and his personal
behavior, not only in the bench and in the performance of his e. Not Allow the Use of His Residence by
duties, but also in his everyday life, should be beyond reproach Other Lawyers
[Office of the Court Administrator v. Duque].
A conflict between a woman and her domestic helper had Section 5. Judges shall not allow the use of their residence by
ensued, leading the helper to turn to Mrs Marces for assistance. a member of the legal profession to receive clients of the latter or of
Mrs Marces confronted the amo, leading to a colorful exchange of other members of the legal profession.
expletives and invectives. They even threw turkeys at each other.
After a long-winded dramatic saga, the case reached the court. The By entertaining a litigant in his home and receiving
judge in that case had issued warrants. When asked why he did so, benefits given by said litigant, respondent judge miserably failed to
it turns out that he had only done so at the bequest of Judge live up to the standards of judicial conduct [J. King and Sons v.
Arcangel. Before the Court, Judge Arcangel was found to guilty for Hontanosas, Jr.].
causing the issuance of the warrants of another judge, and for being
improper in his conduct. The Court had reasoned that as a judge, he f. Freedom of Expression
is the visual representation of the law, and the intermediary
between conflicting interests [Marces Sr. v. Arcangel]. Section 6. Judges, like any other citizen, are entitled to
freedom of expression, belief, association and assembly, but in
b. Acceptance of Personal Restrictions 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.
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 g. Be Informed of His Financial Interest
particular, judges conduct themselves in a way that is consistent with
the dignity of the judicial office. 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.
c. Avoidance of Controversy
Under Sec. 7(a), RA 6713, public officials and
Section. Judges shall, in their personal relations with employees are prohibited from directly or indirectly having any
individual members of the legal profession who practice regularly in financial or material interest in any transaction requiring the
their court, avoid situations which might reasonably give rise to the approval of their office. The Code of Judicial Conduct mandates
suspicion or appearance of favoritism or partiality. that “a judge shall refrain from financial and business dealings that
tend to reflect adversely on the court’s impartiality, interfere with
Judges must be mindful to avoid controversy A judge is the proper performance of judicial activities, or increase
commanded at all times to be mindful of the demand of a involvement with lawyers or persons likely to come before the
dispassionate and impartial arbiter expected at all times to be a court. A judge should so manage investments and other financial
“cerebral man who deliberately holds in check the tug and pull of interests as to minimize the number of cases giving grounds for
purely personal preferences which he shares with his fellow disqualification” [Catbagan v. Barte].
mortals” [Oca v. Paderanga]. Judges should refrain from inviting
counsel for one side into their chambers after or prior to sessions in h. Influence of Judicial Conduct
court without disclosing to the other counsel the reason for such
meetings, [Martinez v. Gironella]; being aggressive in demeanor Section 8. Judges shall not use or lend the prestige of the
towards a lawyer appearing before them, [Royeca v. Aminas]; and judicial office to advance their private interests, or those of a member
making public comments, or allowing court staff to make of their family or of anyone else, nor shall they convey or permit others
comments, on pending cases [Geotina v. Gonzales]. to convey the impression that anyone is in a special position improperly
Constant company (or fraternizing) with a lawyer tends to influence them in the performance of judicial duties.
to breeds a dangerous intimacy, that might lead in the future to the
judge’s inability to refuse to the lawyer’s favors. Moreover, the Another judge who, as creditor, filed a collection case in
actuation of a judge of eating and drinking in public places with a a venue where he was one of the trial judges, was severely
lawyer who has pending cases in his sala may well arouse censured by the Supreme Court, stating that a sense of propriety
suspicion in the public mind, thus tending to erode the trust of the should have impelled him to desist from filing in said venue, even
litigants in the impartiality of the judge [Padilla v. Zantua]. when, under the law, he had the choice of venue. In the eyes of the
public, it arouses suspicion, rightly or wrongly, that advantage is
d. Not Participate in Cases Where He May Be being taken of one’s position [Javier v. De Guzman, Jr.].
Partial
i. Confidential Information
Section 4. Judges shall not participate in the determination
of a case in which any member of their family represents a litigant or is Section 9. Confidential information acquired by judges in
associated in any manner with the case. their judicial capacity shall not be used or disclosed for any other
purpose NOT related to their judicial duties.
Constant company (or fraternizing) with a lawyer tends
to breeds a dangerous intimacy, that might lead in the future to the j. Extrajudicial Activities of a Judge

Page 33 of 38
 office. The act of a judge in demanding and receiving money from
Section 10. Subject to the proper performance of judicial a party-litigant before his court constitute serious misconduct in
duties, judges may: office. It is this kind of gross and flaunting misconduct on the part
a. Write, lecture, teach and participate in activities of those who are charged with the responsibility of administering
concerning the law, the legal system, the administration of justice or the law and rendering justice that so quickly and surely corrodes
related matters;
the respect for law and the courts without which government
b. Appear at a public hearing before an official body
concerned with matters relating to the law, the legal system, the
cannot continue and that tears apart the very bonds of our polity
administration of justice or related matters; [Haw Tay v. Singayao].
c. Engage in other activities if such activities do not detract
from the dignity of the judicial office or otherwise interfere with the n. Gifts, Requests and Loans by Staff
performance of judicial duties.
Section 14. Judges shall not knowingly permit court staff or
k. Practice of Profession 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
Section 11. Judges shall not practice law whilst the holder of
functions.
judicial office.

The position of a judge is a lifetime duty and o. Permissible Tokens and Rewards
responsibility. It requires preserving dedication to the task. The
court dockets of judges are generally clogged with so many Section 15. Subject to law and to any legal requirements of
public disclosure, judges may receive a token gift, award or benefit as
pending cases. There is no time for judges to pursue another
appropriate to the occasion on which it is made provided that such gift,
profession, occupation or calling which equally requires attention, award or benefit might not reasonably be perceived as intended to
mindfulness, and vigilance. It covers any activity, in or out of influence the judge in the performance of judicial duties or otherwise
court, which requires the application of the law, legal principles, give rise to an appearance of partiality.
practice or procedure and calls for legal knowledge, training and
experience [Mercado v. De Vera]. 5. Equality
Municipal judges may not engage in notarial work.
Exception: They may do so as notaries public ex-officio, Canon 5. Equality
in which case, they may only notarize documents connected with Ensuring equality of treatment to all before the courts is
the exercise of their official functions. As such, they may not essential to the due performance of the judicial office.
undertake the preparation and acknowledgement of private
documents, contracts and other acts of conveyance, which bear no a. Understanding Diversity in Society
relation to the performance of their functions as judges. (Tupal v.
Rojo]. Section 1. Judges shall be aware of, and understand,
Exception to the exception: In far-flung municipalities diversity in society and differences arising from various sources,
which have neither lawyers nor notaries public, municipal judges including but not limited to race, color, sex, religion, national origin,
assigned to those municipalities or circuits may, in their capacity as caste, disability, age, marital status, sexual orientation, social and
notaries public ex-officio, perform any act within the competence economic status and other like causes.
of a regular notary public, provided:
b. Not to Manifest Bias or Prejudice
(i) All notarial fees charged be for the account of
the Government and turned over to the Section 2. Judges shall not, in the performance of judicial
municipal treasurer; and duties, by words or conduct, manifest bias or prejudice towards any
(ii) A certification be made in the notarized person or group on irrelevant grounds.
documents attesting to the lack of any lawyer
or notary public in such municipality or circuit c. Not to Differentiate
[Tabao v. Asis].
Section 3. Judges shall carry out judicial duties with
l. Formation of Associations 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
Section 12. Judges may form or join associations of judges or performance of such duties.
participate in other organizations representing the interests of judges.

The judge, in calling the complainant a greedy and usurer

m. Gifts, Requests, and Loans
Chinese woman, and tagging complainant’s lawyer as lazy and
negligent while branding her own clerk of court as equally lazy and
Section 13. Judges and members of their families shall
incompetent, employed language unbecoming of her own esteemed
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
position [Cua Shuk Yin v. Perello].
connection with the performance of judicial duties.
d. Not to Influence Staff
Under Sec. 7(d), RA 6713, prohibits solicitation or
acceptance by public officials and employees, directly or indirectly, Section 4. Judges shall not knowingly permit court staff or
others subject to his or her influence, direction or control to
of any gift, gratuity, favor, entertainment, loan or anything of
differentiate between persons concerned, in a matter before the judge
monetary value from any person in the course of their official on any irrelevant ground.
duties or in connection with any operation being regulated by, or
any transaction which may be affected by the functions of their
e. Attitude to Parties Appearing in Court
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 Having accepted the exalted position of a judge, whereby
Section 5. Judges shall require lawyers in proceedings before he judges his own fellowmen, the judge owes it to the public who
the court to refrain from manifesting, by words or conduct, bias or depends on him and to the dignity of the court he sits in, to be
prejudice based on irrelevant grounds, except such as are legally proficient in the law. It has been said that a judge is a man of
relevant to an issue in proceedings and may be the subject of legitimate learning, who spends tirelessly the weary hours after midnight
advocacy.
acquainting himself with the great body of traditions and learning
the law. Although a judge is nearing retirement he should not relax
6. Competence and Diligence in his study of the law and court decisions [Ajeno v. Inserto]. Those
who wield that judicial gravel have the duty to study our laws and
Canon 6. Competence and Diligence their latest wrinkles- they owe it to the public to be legally
Competence and diligence are prerequisites to the due knowledgeable for ignorance of the law is the mainspring of
performance of judicial office.
injustice [Bio v. Valera].

Possession of sufficient learning, ability and skill in a d. Be Informed About the Law
particular discipline enhanced by actual and sufficient experience
in the field. A judge must be the embodiment of competence,
Section 4. Judges shall keep themselves informed about
integrity and independence, and be studiously careful to avoid the relevant developments of international law, including international
slightest infraction of the law, lest it be a demoralizing example to conventions and other instruments establishing human rights norms.
others [OCA v. Gines].
When a judge accepts his position, he owes it to the
a. Duties Take Precedence dignity of the court, to the legal profession, and to the public, to
know the very law he is supposed to apply to a given controversy.
Section 1. The judicial duties of a judge take precedence Even in the remaining years of his stay in the judiciary, he should
over all other activities. keep abreast with the changes in the law and with the latest
decisions and precedents. Although a judge is nearing retirement he
The primary duty of judges is to hear and decide cases should not relax in his study of the law and court decisions. Service
brought to them for trial and adjudication. As to Judges’ other in the judiciary means a continuous study and research on the law
administrative assignments, including organizing special events, from beginning to end [Ajeno v. Inserto].
the respondent judge should only be reminded that decision making The Supreme Court held that not only did Judge Bitas
is the primordial and most important duty of a member of the deviate from the requirement of a hearing where there is an
judiciary [Re: Complaint Against Justice Asuncion of the Court of application for bail, he also granted bail to Miralles without neither
Appeals]. conducting a hearing nor a motion for application for bail. Judge
Bitas’ acts are not mere deficiency in prudence, discretion and
b. Perform Administrative Duties judgment on his part, but a patent disregard of well-known rules.
When an error is so gross and patent, such error produces an
Section 2. Judges shall devote their professional activity to inference of bad faith, making the judge liable for gross ignorance
judicial duties, which include not only the performance of judicial of the law [Jorda v. Bitas].
functions and responsibilities in court and the making of decisions, but
Judges are not, however, expected to be infallible; not
also other tasks relevant to the judicial office or the court's operations.
every error or irregularity committed by judges in the performance
of official duties is subject to administrative sanction. In the
The loss of not one but eight records is indicative of
absence of bad faith, fraud, dishonesty, or deliberate intent to do
gross misconduct and inexcusable negligence unbecoming of a
injustice, incorrect rulings do not constitute misconduct and may
judge. For true professionalism in the bench to exist, judges whose
not give rise to a charge of gross ignorance of the law [Cruz v.
acts demoralize the ethical standards of a judicial office and whose
Iturralde].
acts demonstrate unfitness and unworthiness of the prestige and
prerequisites attached to the said office must be weeded out
e. Prompt Decision Making
[Longboan v. Poli]. A judge should conduct a periodic review of
the archived cases in his sala. (Administrative Order No. 7-a-92) If
Section 5. Judges shall perform all judicial duties, including
the archived cases have remained untouched for several years, the delivery of reserved decisions, efficiently, fairly and with
there is gross inefficiency [Surigao Citizens Movement for Good reasonable promptness.
Government v. Coro].
Failure to decide promptly is not “gross inefficiency” per A judge should decide cases with dispatch. (Castro v.
se Magistrates must be given discretion to defer the disposition of Malazo, A.M. No. 1237-CAR, August 21, 1980) He should decide
certain cases to make way for other equally important matters in motions of parties without delay (Pernea v. Montecillo, A.M. No.
the Supreme Court's agenda. However, the Courts must strike an 631- CFI, November 26, 1981), and should be more careful,
objective and reasonable balance in disposing cases promptly, punctual and observant in the performance of his functions.
while maintaining judicious tenacity in interpreting and applying [Secretary of Justice v. Bidin].
the law [Re: Enalbes]. The failure of a judge to decide a case within the period
as specified by the Constitution is inexcusable and constitutes gross
c. Maintain Professional Competence inefficiency [Re: Judge Tenerife].
Lack of transcript of stenographic notes shall not be a
Section 3. Judges shall take reasonable steps to maintain and valid reason to interrupt or suspend the period for deciding the
enhance their knowledge, skills and personal qualities necessary for the
case, unless the case was previously heard by another judge, in
proper performance of judicial duties, taking advantage for this
purpose of the training and other facilities which should be made which case, the deciding judge shall have the full period of 90 days
available, under judicial control, to judges. for the completion of the transcripts within which to decide the
same. [Olaguer v. Judge Ampuan].

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 e. The judge or judicial officer Previously participated
f. Maintain Order in Proceedings by presiding over the case in any inferior court over
the ruling or decision subject of review.
Section 6. Judges shall maintain order and decorum in all
proceedings before the court and be patient, dignified and courteous in Compulsory disqualifications are mandatory, and the
relation to litigants, witnesses, lawyers and others with whom the judge judge has no option but to inhibit himself/herself from the case
deals in an official capacity. Judges shall require similar conduct of [Ortiz v. Jaculbe, Jr.].
legal representatives, court staff and others subject to their influence,
A judge has the duty to render a just decision, and must
direction or control.
do so in a manner that leaves his reputation for fairness and
integrity completely free from suspicion [Del Castillo v. Javelona].
g. Not to Engage in Conduct Contrary to This disqualification may be waived by the parties-in-
Duties interest, by signing a written waiver and entering the same upon the
record of the court.
Section 7. Judges shall not engage in conduct incompatible The following are NOT disqualified under Rule 137, Sec.
with the diligent discharge of judicial duties.
1:

Disciplinary proceedings and criminal actions against a. That the counsel and judge were classmates [Vda.
judges are not complementary or suppletory of, nor a substitute for, de Bonifacio v. B.L.T. Bus Co., Inc.].
these judicial remedies, whether ordinary or extraordinary. Resort b. That the counsel and judge were associates when the
to and exhaustion of these judicial remedies are prerequisites for judge was practicing law [Austria v. Masaquel].
the taking of other measures against the persons of the judges
concerned, whether of civil, administrative, or criminal nature. It is 2. Voluntary Inhibition
only after the available judicial remedies have been exhausted and The second paragraph is the rule on voluntary inhibition.
the appellate tribunals have spoken with finality that the door to an It does not enumerate the grounds but merely provides a policy-
inquiry into his criminal, civil, or administrative liability may be oriented ground for disqualification.
said to have opened, or closed [Maquiran v. Grageda]. The basis for voluntary inhibition should be based on just
and valid reasons [Parayno v. Meneses] ascertained by the judge
B. DISQUALIFICATION OF JUDICIAL OFFICERS after a “rational and logical assessment of the circumstances
(RULE 137) prevailing in the case” [Gutang, et al., v. Court of Appeals].
There is no hard and fast rule in determining when a
Section 1. Disqualification of judges. — No judge or judicial judge should voluntarily inhibit himself, such must be taken on a
officer shall sit in any case in which he, or his wife or child, is
case to case basis. Voluntary inhibition is based on the sound
pecuniarily interested as heir, legatee, creditor or otherwise, or in
which he is related to either party within the sixth degree of discretion and conscience of the judge, a subjective test that
consanguinity or affinity, or to counsel within the fourth degree, reviewing tribunals will not disturb absent any showing of manifest
computed according to the rules of the civil law, or in which he has arbitrariness or whimsicality as such judges are in the better
been executor, administrator, guardian, trustee or counsel, or in which position to determine the issue on inhibition as they deal directly
he has been presided in any inferior court when his ruling or decision is with the parties in their courts [Antonia Gutang].
the subject of review, without the written consent of all parties in
interest, signed by them and entered upon the record. 3. How Objection Should be Made and Effect
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,
1. Compulsory Inhibition file with the official his objection, stating the grounds therefor, and the
The first paragraph is the rule on mandatory official shall thereupon proceed with the trial, or withdraw therefrom,
disqualification, and enumerates the grounds under which the judge in accordance with his determination of the question of his
is disqualified. The doctrine now is that the legal grounds are disqualification. His decision shall be forthwith made in writing and
exclusive. filed with the other papers in the case, but no appeal or stay shall be
Under the Rules of Court, Rule 137, Sec. 1, no judge or allowed from, or by reason of, his decision in favor of his own
competency, until after final judgment in the case.
judicial officer shall sit in any case, without the written consent of
all parties in interest and entered upon the record, in which:
(P6CEP) C. DISCIPLINE AND ADMINISTRATIVE JURISDICTION
OVER MEMBERS OF THE JUDICIARY
a. The judge, judicial officer or his wife or child is Article VIII, Sec. 6 of the 1987 Constitution exclusively
Pecuniarily interested in as heir, creditor or vests in the Supreme Court administrative supervision over all
otherwise. courts and court personnel, from the Presiding Justice of the Court
b. The judge or judicial officer is related to either party of Appeals down to the lowest municipal trial court clerk. By virtue
within the sixth (6th) degree of consanguinity or of this power, it is only the Supreme Court that can oversee the
affinity. judges' and court personnel's compliance with all laws, and take the
c. The judge or judicial officer is related to Counsel proper administrative action against them if they commit any
within the fourth degree of consanguinity or affinity. violation thereof. No other branch of government may intrude into
d. The judge or judicial officer has previously this power, without running afoul of the doctrine of separation of
participated as the Executor, administrator, powers.
guardian, trustee or counsel to ruling or decision The Ombudsman cannot justify its investigation of
subject of review. petitioner on the powers granted to it by the Constitution, for such
a justification not only runs counter to the specific mandate of the
Constitution granting supervisory powers to the Supreme Court

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over all courts and their personnel, but likewise undermines the
independence of the judiciary. b. Sanctions Imposed by the Supreme Court
Thus, the Ombudsman should first refer the matter of on Erring Members of the Judiciary
petitioner's certificates of service to this Court for determination of If the respondent is guilty of a serious charge, any of the
whether said certificates reflected the true status of his pending following sanctions may be imposed:
case load, as the Court has the necessary records to make such a
determination. The Ombudsman cannot compel this Court, as one (i) Dismissal from the service, forfeiture of all or
of the three branches of government, to submit its records, or to part of the benefits as the Court may determine,
allow its personnel to testify on this matter, as suggested by public and disqualification from reinstatement or
respondent Abiera in his affidavit-complaint [Maceda v. Vasquez]. appointment to any public office, including
government-owned or controlled corporations.
1. Members of the Supreme Court Provided, however, that the forfeiture of
Members of the Supreme Court may be removed from benefits shall in no case include accrued leave
office through the process of impeachment. credits;
(ii) Suspension from office without salary and
2. Lower Court Judges and Justices (Rule 140) other benefits for more than three (3) but not
In 2018, the Supreme Court issued A.M. No. 18- 01-05- exceeding six (6) months; or
SC establishing the Judicial Integrity Board (JIB) and the (iii) A fine of more than P20,000.00 but not
Corruption Prevention and Investigation Office (CPIO), amending exceeding P40,000.00
Rule 140 of the Rules of Court.
Administrative complaints against the following fall If the respondent is guilty of a less serious charge, any of
within the exclusive jurisdiction of the JIB: the following sanctions shall be imposed:

a. Court officials with Salary Grades 30 and 31, (i) Suspension from office without salary and
excluding those that are not within the jurisdiction other benefits for not less than one (1) nor
of the JIB, regardless of the gravity of the more than three (3) months; or
administrative offense; (ii) A fine of more than P10,000.00 but not
b. First and second level court judges, including exceeding P20,000.00.
Shari’ah District and Circuit Court Judges, charged
with serious charges under Rule 140 of the Rules of If the respondent is guilty of a light charge, any of the
Court; and following sanctions shall be imposed:
c. Court officials or employees with Salary Grades 27
to 29, regardless of the gravity of the violation of (i) A fine of not less than P1,000.00 but not
the Code of Conduct for Court Personnel and of the exceeding P10,000.00 and/or Censure;
Civil Service Laws and Rules. (ii) Reprimand;
(iii) Censure
a. How Disciplinary Proceedings Instituted (iv) Admonition with warning.
Disciplinary proceedings may be instituted in the JIB as
follows:

(i) Motu propio by the Supreme Court;

(ii) Upon the verified complaint, supported by: (a)
affidavits of persons who have personal
knowledge of the facts alleged therein, or (b)
by authentic documents which may
substantiate said allegations; or (c) upon an
anonymous complaint, supported by public
records of indubitable integrity; or (d) where
their material averments may easily be verified,
and may be substantiated and established by
other competent evidence.

Disciplinary actions shall be instituted, motu proprio, by

the JIB in the Supreme Court against any of those mentioned in
Sec. 1:

(i) On account of conviction by the Sandiganbayan or

by the regular or special courts, or
(ii) On account of any charge in the Sandiganbayan or
in a regular or special court for a felony or a crime
defined by special law

The JIB shall submit a report of such conviction or

criminal action to the Supreme Court within 10 days from
knowledge thereof, with a recommendation that a report be deemed
as an administrative complaint against said court official

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