LEGAL ETHICS - 1 - UP COLLEGE OF LAW PRE-WEEK NOTES

LEGAL ETHICS PRE-WEEK NOTES

CODE OF PROFESSIONAL RESPONSIBILITY

Q: What does it mean not to engage in unlawful, dishonest or immoral conduct?
A: An unlawful conduct is an act or omission which is against the law. Dishonesty involves lying or cheating. There
is immoral or deceitful conduct when the act is willful, flagrant or shameless and which shows a moral indifference
to the opinion of the good and respectable members of the community.

Moral turpitude includes everything which is done contrary to justice, honesty, modesty, or good morals. (Barrios v.
Martinez)

Q: How shall a lawyer avoid, end or settle a controversy?

A: The function of a lawyer is not only to conduct litigation but to avoid it where possible, by advising settlement or
withholding suit. He must act as mediator for compromise rather than an instigator and conflict.

Q: Why are lawyers prohibited from soliciting legal business?

A: The legal practice is not a business. Unlike a businessman, the lawyer has:
1) Relation to the administration of justice involving sincerity, integrity and reliability as an officer of the court;
2) duty of public service;
3) relation to clients with the highest degree of fiduciary;
4) relation to colleagues at the bar characterized by candor, fairness and unwillingness to resort to business
methods of advertising and encroachment on their practice, or dealing directly with their clients. (Agpalo)

In relation to Rule 3.01, solicitation of any kind is prohibited; but some forms of advertisement may be allowed.
Q: What are the rules behind the prohibition against misleading or false names?
A:
GENERAL RULE 1: All partners in firm name must be alive.

EXCEPTION: When removal of the deceased partners name disturbs the client goodwill.
provided that the firm indicates in all its communications that said partner is deceased. (Agpalo)

Death of a partner does not extinguish the client-lawyer relationship with the law firm. (B.R. Sebastian
Enterprises Inc. vs. Court of Appeals, 206 SCRA 28)

GENERAL RULE 2: Filipino lawyers cannot practice law under the name of a foreign law firm.(Dacanay v. Baker and
McKenzie, 136 SCRA 349 (1985))

Q: What types of business advertisements are allowed in the legal profession?

A: Allowable advertisement (The Exceptions to Rule 3.01):
ordinary professional card
publication in reputable law list, with brief data inc:
1. name
2. associates
3. address
4. phone numbers
5. branches of law practiced
6. date admitted to the bar
7. schools and dates attended
8. degrees and distinctions
9. public or quasi-public offices
10. posts of honor
11. legal authorships
12. teaching positions
13. associations
14. legal fraternities and societies
15. references and regularly represented clients must be published for that purpose
o publication of simple announcement of opening of law firm, change of firm
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o listing in telephone directory but not under designation of special branch of law
o if acting as an associate (specializing in a branch of law), may publish a brief and dignified announcement to
lawyers (law list, law journal)
o if in media, those acts incidental to his practice and not of his own initiative
o write articles for publication giving information upon the law (and not individual rights or advising through
column/ TV. broadcast, lest such be considered indirect advertising)
o activity of an association for the purpose of legal representation

Q: What is the purpose of the Mandatory Continuing Legal Education (MCLE)?

A: To ensure that lawyers keep abreast with law and jurisprudence, maintain the ethics of the profession and
enhance the standards of the practice of law (Bar Matter 850, (2000))

Q: How often should the MCLE be taken?

A: Every three years and at least 36 hours of legal education activities.

Q: What are the obligations of a lawyer in taking the MCLE?

A: Obligations
1) To self for continued improvement of knowledge
2) To his profession for maintenance of high standards of legal education
3) To the public for social consciousness

Q: Who are exempted from the MCLE?

A: Exemptions
1. President, vice-president, cabinet members
2. Members of Congress
3. Chief Justice and incumbent and retired members of the judiciary
4. Chief state counsel, prosecutor and assistant secretaries of the Department of Justice
5. Solicitor General and assistants
6. Government Corporate Counsel, his deputies and assistants
7. Chairman and members of Constitutional Commissions
8. Ombudsman and his deputies
9. Heads of government agencies exercising quasi-judicial functions
10. Incumbent deans, bar reviewers and professors of law who have 10 year teaching experience
11. Officers and lecturers of the Philippine Judicial Academy
12. Governors and mayor
13. Those not in law practice (special exemption)
14. Those who have retired from the law practice (special exemption)

Q: What is the duty of a public prosecutor?

A: It is upon the discretion of the prosecutor to decide what charge to file upon proper appreciation of facts and
evidences. His primary duty is not to convict but to see that justice is served. (People v. Pineda, 20 SCRA 748
(1967))

Q: What are the prohibitions on employment after leaving government service?

A: No government employee, official, or officer may accept engagement or employment in connection with matter he
had intervened in. Intervention is any act of a person which has the power to influence the subject proceedings.

GENERAL RULE: Practice of profession allowed immediately after leaving public service

EXCEPTIONS: If lawyer had connection with any matter during his term, subject to
a) One year prohibition if he had not intervened
b) Permanent prohibition if he had intervened

Q: What is a lawyers duty in his application to the bar?

A: A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in connection
with his application for admission to the bar.
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Q: In what way should a lawyer not encroach on professional employment?
A: A lawyer should not:
1. Steal another lawyers client
2. Induce another lawyers client to retain him by promise of reduced fees.
3. disparage another lawyer, make comparisons or publicize his talent as a means to further his law practice.
4. Interview the adverse party and question him as to the facts of the case even if the adverse party was willing
to do so, in the absence of the adverse partys counsel.

Q: What are the only instances a lawyer can divide or stipulate to divide a fee for legal services with persons
not licensed to practice law?
A: A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law,
except:
(a) Where there is a pre-existing agreement with a partner or associate that, upon the latters death, money shall be
paid over a reasonable period of time to his estate or to persons specified in the agreement
(b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or
(c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if the plan is based in whole
or in part, on a profit sharing agreement

Q: Are lawyers absolutely prohibited from giving criticisms to the court?

A: No. A lawyers right to criticize the acts of courts and judges in a proper and respectful way and through
legitimate channels is well recognized. Provided, the criticism is bona fide, and shall not spill over the wall of
decency and propriety.

Q: How shall a lawyer submit grievances against a judge?

A: The Supreme Court has the power of administrative supervision over all courts and the personnel thereof. (1987
Constitution, Art. VIII, Sec. 6)

The lawyer shall not file an administrative case until he has exhausted judicial remedies which result in a finding that
the judge has gravely erred. (Agpalo)

Q: What is forum shopping?

A: There is forum shopping when one:
(1) Goes from one court to another in the hope of securing a favorable relief in one court, which another court has
denied
(2) File repetitious suits or proceeding in different courts concerning the same subject matter after one court has
decided the suit with finality
(3) Filing a similar case in a judicial court after receiving an unfavorable judgment from an administrative tribunal.

Forum shopping is prohibited by Supreme Court Circular No. 28-91, which is now integrated in the Rules of Civil
Procedure.

Q: What is the rationale behind the prohibition on forum shopping?

A: There is an affirmative duty of a lawyer to check against useless litigations. His signature in every pleading
constitutes a certificate by him that to the best of his knowledge there is a good ground to support it and that
it is not to interpose for delay. The willful violation of this rule may subject him to (1) appropriate disciplinary action
or (2) render him liable for the costs of litigation. (Agpalo)

Q: What is the rule on the prohibition on media-nuzzling?

A: Rule 13.02 states that A lawyer shall not make public statements in the media regarding a pending case tending
to arouse public opinion for or against a party.

RATIONALE:
Newspaper publications regarding a pending or anticipated litigation may interfere with a fair trial, prejudice the
administration of justice, or subject a respondent or a accused to a trial by publicity and create a public
inference of guilt against him (Agpalo)

Q: In what instances can a lawyer decline to act as counsel de oficio or amici curiae?
A: GR: A lawyer shall not decline to act as counsel de oficio or amici curiae, or to reject a request from the Integrated
Bar of the Philippines or any of its chapters for rendition of free legal aid.
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EXCEPTION: Except for serious and sufficient cause (Rule 14.02)

Related rules:

Rule 2.01. A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed.

Rule 138, Sec. 20 (h), Duties of attorneys. It is the duty of an attorneynever to reject, for any consideration personal
to himself, the cause of the defenseless or oppressed;

Q: Differentiate a counsel de parte, counsel de oficio and amicus curiae.

A: Counsel de parte - a private counsel personally chosen by the client.
Counsel de oficio - is appointed or assigned by the court.
Amicus curiae - is a friend of the court or a bystander and usually a counselor who interposes or volunteers
information upon some matter of law in regard to which the judge is doubtful or mistaken (Agpalo).

Q: What do you mean by privileged communication?

A: An attorney cannot, without the consent of his client, be examined as to any communication made by the client to
him or his advice given thereon in the course of professional employment; nor can an attorneys secretary,
stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the
knowledge of which has been acquired in such capacity.

Requisites of Privileged Communication (Rule 130, Section 24 (b) of the RRC):

(1) There is an attorney-client relationship or a kind of consultancy requirement with a prospective client;
(2) The communication was made by the client to the lawyer in the course of the lawyers professional employment;
(3) The communication must be intended to be confidential.

Exceptions to privilege (Aguirre):

(1) When a lawyer is accused by the client and he needs to reveal information to defend himself
(2) When the client discloses the intention to commit a crime or unlawful act. (Future crime)

Q: What is the rule on conflict of interests?

A: GENERAL RULE: A lawyer may not represent two opposing parties at any point in time. It is enough that the
counsel had a hand in the preparation of the pleading of one party.

EXCEPTION: When the parties agree, and for amicable settlement (Agpalo)

Tests to determine conflict of interest:

(1) when there are conflicting duties
(2) when the acceptance of the new relations invites or actually lead to unfaithfulness or double-dealing to another
client
(3) when the attorney will be called upon to use against his first client any knowledge acquired in the previous
employment
NOTE: The test to determine whether there is a conflict of interest in the representation is probability, not certainty of
conflict.

Q: What is the difference between a charging lien and a retaining lien?

A: A charging lien is an equitable right to have the fees and lawful disbursements due a lawyer for his services,
secured to him out of a money judgment.

Related statutory basis: Rule 138, Sec. 37. An attorney shall have a lien upon the funds, documents and papers of
his client which have lawfully come into his possession and may retain the same until his lawful fees and
disbursements have been paid, and may apply such funds to the satisfaction thereof.

Requisites for Validity:

(1) attorney-client relationship
(2) lawful possession by lawyer of the clients funds, documents and papers in his professional capacity
(3) unsatisfied claim for attorneys fees or disbursements

A retaining lien is a right merely to retain the funds, documents and papers of his client which have lawfully come into
his possession and may retain the same until his lawful fees and disbursements have been paid.
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RETAINING CHARGING
Nature Passive lien. It cannot be actively Active lien. It can be enforced by
enforced. It is a general lien. execution. It is a special lien.
Basis Lawful possession of funds, papers, Securing of a favorable money
documents, property belonging to judgment for client
client
Coverage Covers only funds, papers, Covers all judgments for the payment
documents, and property in the lawful of money and executions issued in
possession of the attorney by reason pursuance of such judgment
of his professional employment
Effectivity As soon as the lawyer gets As soon as the claim for attorneys
possession of the funds, papers, fees had been entered into the
documents, property records of the case
Notice Client need not be notified to make it Client and adverse party need to
effective notified to make it effective
Applicability May be exercised before judgment or Generally, it is exercisable only when
execution, or regardless thereof the attorney had already secured a
favorable judgment for his client

Q: When is a lawyer liable to his client for negligence?

A: GENERAL RULE: Client is bound by attorneys conduct, negligence and mistake in handling case or in
management of litigation and in procedural technique, and he cannot be heard to complain that result might have
been different had his lawyer proceeded differently.

EXCEPTIONS:
1) Where it results in outright deprivation of clients liberty or property or where interest of justice so requires
2) Where error by counsel is purely technical which does not affect substantially clients cause
3) Ignorance, incompetence or inexperience of lawyer is so great and error so serious that client, who has
good cause is prejudiced and denied a day in court
4) Gross negligence of lawyer
5) Lack of acquaintance with technical part of procedure.

Q: What should a lawyer do in case that he finds that his client has perpetuated fraud?
A: Rule 19.02 requires the lawyer to terminate his relationship with the client in the event the latter fails or refuses to
rectify the fraud. (Agpalo)

Q: Differentiate an ordinary attorneys fee from a quantum meruit-based attorneys fee.

A: Attorneys fee is the reasonable compensation paid to a lawyer for the legal services he has rendered to a client.

Quantum Meruit means as much as a lawyer deserves. Its essential requisite is acceptance of the benefits by one
sought to be charged for services rendered under circumstances as reasonable to notify him that lawyer expects
compensation.

Quantum Meruit is authorized when:

o there is no express contract for attorneys fees agreed upon between the lawyer and the client;
o when although there is a formal contract of attorneys fees, the stipulated fees are found unconscionable or
unreasonable by the court;
o when the contract for attorneys fees is void due to purely formal matters or defects of execution;
o when the counsel, for justifiable cause, was not able to finish the case to its conclusion;
o when lawyer and client disregard the contract of attorneys fees
o when there is a contract but no stipulation as to attorneys fees

Guides in Determining Attorneys Fees in Quantum Meruit Basis

(1) Time spent and Extent of the Services Rendered
(2) Importance of Subject Matter
(3) Novelty and Difficulty of Questions Involved
(4) Skill demanded of the Lawyer
Q: What is the difference between a champertous contract and a contingent contract?
A: A champertous contract is one where the lawyer stipulates with his client that upon the prosecution of the case,
lawyer will bear all the expenses for the recovery of things or property being claimed, and the client pays only upon
successful litigation. This kind of contract is void for being against public policy.
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A contingent contract is an agreement in which the lawyers fee, usually a fixed percentage of what may be recovered
in the action, is made to depend upon the success in the effort to enforce or defend the clients right. It is a valid
agreement. It is different from a champertous contract in that the lawyer does not undertake to shoulder the expenses
of the litigation.

CONTINGENT CHAMPERTOUS
Contingent fee is payable in cash. Payable in kind only
Lawyers do not undertake to pay all expenses of litigation Lawyers undertake to pay all expenses of litigation
Not prohibited Void

Q: What are the factors considered in computing attorneys fees?

A: Factors of the value (Rule 138, Sec, 24)
1) the importance of the subject matter of controversy;
2) the extent of the services rendered; and
3) the professional standing of the attorney.

Q: What are the limitations imposed on judges and lawyers regarding the purchase of properties under
litigation?
A: According to Art. 1491 of the Civil Code, Justices, judges, prosecuting attorneys, clerks of superior and inferior
courts, and other officers and employees connected with the administration of justice, cannot acquire by purchase,
even at a public or judicial auction, either in person or through the mediation of another, the property and rights in
litigation or levied upon an execution before the court within whose jurisdiction or territory they exercise their
respective functions; this prohibition includes the act of acquiring by assignment and shall apply to lawyers, with
respect to the property and rights which may be the object of any litigation in which they may take part by virtue of
their profession.

Q: When can the client terminate the services of his/her counsel?

A: GENERAL RULE: The client has the right to terminate at any time with or without just cause.

LIMITATIONS:
Client cannot deprive counsel of right to be paid services if dismissal is without cause
Client cannot discharge counsel as an excuse to secure repeated extensions of time
Notice of discharge is required for both court and adverse party

Q: In what cases may a lawyer withdraw his services from a client?

A: Rule 22.01 - A lawyer may withdraw his services in any of the following case:
o When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling;
o When the client insists that the lawyer pursue conduct violative of these canons and rules;
o When his inability to work with co-counsel will not promote the best interest of the client;
o When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment
effectively;
o When the client deliberately fails to pay the fees for the services or fails to comply with the retainer
agreement;
o When the lawyer is elected or appointed to public office; and
o Other similar cases.

Conditions for the Substitution of Counsel

1) Written request for substitution
2) Written consent of client
3) Written consent of the attorney to be substituted or in the absence, proof of service of notice of said motion
to the attorney to be substituted

Q: What should a lawyer do after withdrawing his services or having his services substituted by another?
A: Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all
papers and property to which the client is entitled, and shall cooperate with his successor in the orderly transfer of the
matter, including all information necessary for the proper handling of the matter.

Q: What are the requirements for admission to practice law?

A: If s/he is a Filipino citizen, who is a resident of the Philippines, at least 21 years of age, of good moral character, a
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holder of a college degree and a graduate of a law school approved and recognized by the Secretary of Education,
and one who has successfully taken and passed the bar examinations and taken the lawyers oath.

Q: What are the qualifications for the practice of law?

A: GENERAL RULE: Any person duly admitted as member of the Bar and who is in good and regular standing is
qualified to practice law.

EXCEPTIONS: (Rule 138)

(1) Any LAW STUDENT who has successfully completed the third year of the prescribed 4 year law curriculum and
who is undergoing law student practice under the schools clinical legal education program.
(2) AGENT
a party in a civil suit may conduct his litigation either personally or by attorney unless the party is a juridical
person. (Allowed in MTC, RTC, CA)
for a criminal case, in a locality where a lawyer is unavailable, a judge may appoint a non-lawyer who is a
resident of the province, and of good repute for probity and ability to defend the accused. (Allowed up to
MTC-level only)
(3) SELF-REPRESENTAION- A person may represent himself before any court. He is bound by the same rules in
conducting the trial of his case. He cannot, after judgment, claim that he was not properly represented.

Q: What is the lawyers oath?

A: I, _____, do solemnly swear that I will maintain allegiance to the Republic of the Philippines.

I will support the Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein;

I will do no falsehood nor consent to the doing of any in court;

I will not wittingly or willingly promote or sue any groundless, false or unlawful suit nor give aid nor consent to the
same;

I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge
and discretion with all good fidelity as well to the court as to my clients; and

I impose upon myself this obligation voluntarily, without any mental reservation or purpose of evasion.

So help me God.

Q: What is an indigent litigant?

A: Indigent litigants are those
(1) whose gross income and that of their immediate family do not exceed an amount double the monthly minimum
wage of an employee and
(2) who do not own real property with a fair market value as stated in the current tax declaration of more than
P300,000 shall be exempt from payment of legal fees (Bar Matter No. 2012)

Q: What is the proposed requirement on Mandatory Legal Aid Service for Practicing Lawyers?
A: Every practicing lawyer is required to render a minimum of sixty (60) hours of free legal aid services to indigent
litigants in a year, spread within a period of twelve (12) months, with a minimum of five (5) hours of free legal aid
services each month.
Q: What are the fourfold duties of a lawyer?
A: The duties of an attorney, impressed with the solemnity of his oath, may be classified into those which he owes to
(1) the court, (2) to the public, (3) to the bar, and (4) to his client.

Q: What is the purpose of legal aid, according to the IBP?

A: LEGAL AID IS NOT A MATTER OF CHARITY. It is a means for the correction of social imbalance that may
and often do lead to injustice, for which reason it is a public responsibility of the Bar. (IBP Handbook,
Guidelines Governing the Establishment and Operation of the Legal Aid Office, Art. 1, Sec. 1)
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Q: What is the character of the lawyer-client relationship and how is it created?
A: The relation of attorney and client is strictly personal and highly confidential and fiduciary.

Q: Are lawyers prohibited from practicing a dual profession or partnership?

A: NO. GENERAL RULE: Exercise of dual profession is not prohibited but a lawyer must make it clear when
he is acting as a lawyer and when he is otherwise. (Agpalo)

Business transactions between an attorney and his client are disfavored because by virtue of a lawyers office, he is
an easy position to take advantage of the credulity and ignorance of his client. Thus, there is no presumption of
innocence or improbability of wrongdoing in favor of lawyers. (Nakpil v. Valdez, 286 SCRA 758 (1998))

Q: What is the duty of a counsel when a client is believed to be guilty in a criminal case?
A: The law makes it the lawyers duty never to reject, for any consideration personal to himself, the cause of the
defenseless or the oppressed.

DISCIPLINE OF LAWYERS; NOTARIAL PRACTICE

Q: In the discipline of lawyers, what is the nature of suspension and disbarment proceedings?
A:
Nature of Proceedings:
o Neither a civil action nor a criminal proceeding;
o Sui generis, it is a class of its own since it is neither civil nor criminal Confidential in nature
o Defense of double jeopardy is not available
o Can be initiated by the SC, motu proprio, or by the IBP. It can be initiated without a complaint.
o Can proceed regardless of interest of the complainants
o Imprescriptible
o It is itself due process of law

Q: What are the objectives of suspension and disbarment?

A: Objectives of Suspension and Disbarment:
o To compel the attorney to deal fairly and honestly with his clients;
o To remove from the profession a person whose misconduct has proved him unfit to be entrusted with the duties
and responsibilities belonging to the office of an attorney;
o To punish the lawyer;
o To set an example or warning for the other members of the bar;
o To safeguard the administration of justice from dishonest and incompetent lawyers;
o To protect the public;

Q: What are the grounds for disbarment?

A: Grounds for Disbarment:
1) Deceit
1) Malpractice, or other gross misconduct in office any malfeasance or dereliction of duty committed by a lawyer
2) Grossly immoral conduct
3) Conviction of a crime involving moral turpitude
4) Violation of oath of office
5) Willful disobedience of any lawful order of a superior court
6) Corruptly or willfully appearing as an attorney for a party to case without an authority to do so
Broadly speaking, the grounds for disbarment or suspension of a lawyer consist of those acts of misconduct before
and after his admission to practice.
But this enumeration is not exclusive
May be disciplined or suspended for ANY misconduct in his professional or private capacity which shows him to
be wanting in moral character

Q: Who are the officers authorized to investigate disbarment cases?

A: Supreme Court
IBP through its Commission on Bar Discipline or authorized investigators
Office of the Solicitor General
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Q: What is the nature of the punishment of contempt of court?

A: It is exercised on preservative and not on vindictive principles and on corrective rather than the retaliatory idea of
punishment. It is criminal in nature.
The power to punish for contempt is inherent in all courts. It is essential in the observance of order in judicial
proceedings and to enforce judgment, orders and writs.

Q: What are the kinds of contempt?

A: Kinds of Contempt
Direct Contempt
Consists of misbehavior in the presence of or near a court or judge as to interrupt or obstruct the proceedings before
the court or the administration of justice.

Indirect or Constructive Contempt

One committed away from the court involving disobedience of or resistance to a lawful writ, process, order, judgment
or command of the court, tending to belittle, degrade, obstruct, interrupt or embarrass the court.

Civil contempt
Failure to do something ordered by the court which is for the benefit of the party.

Criminal contempt
Consists of any conduct directed against the authority or dignity of the court.

Q: What acts of a lawyer constitute contempt?

A: Acts of a Lawyer Constituting Contempt
o Misbehavior as officer of court
o Disobedience or resistance to court order
o Abuse or interference with judicial proceedings
o Obstruction in administration of justice
o Misleading courts
o Making false allegations, criticisms, insults, veiled threats against the courts
o Aiding in unauthorized practice of law (suspended or disbarred)
o Unlawful retention of clients funds
o Advise client to commit contemptuous acts

Q: What constitutes negligence or abandonment by a lawyer?

A: The failure to exercise due diligence or the abandonment of the clients cause makes the lawyer unworthy of the
trust which the client has reposed in him.
To warrant suspension or disbarment, however, the negligence or carelessness in the performance of duty should not
only be gross in character but should have caused material prejudice to clients interest as well.
Q: In what way can lawyers be civilly or criminally liable?
A:
CIVIL LIABILITY
Client is prejudiced by lawyers negligence and misconduct.
Breach of fiduciary obligation
Civil liability to third persons
Libelous words in pleadings; violation of communication privilege
Liability for costs of suit (treble costs) when lawyer is made liable for insisting on clients patently unmeritorious
case or interposing appeal merely to delay litigation

CRIMINAL LIABILITY
Prejudicing client through malicious breach of professional duty
Revealing client secrets
Representing adverse interests
Introducing false evidence
Misappropriating clients funds (estafa)
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Libel except if statements are connected with the relevant, pertinent, and material to the cause in hand or
the subject of the inquiry

Q: What is a notary public and what is his/her duty and purpose?

A: A NOTARY PUBLIC or a notary is any person commissioned to perform official acts, acknowledgements; oaths
and affirmations; jurats; signature witnessing;
copy certifications; and any other act authorizes in the rules

Purpose
(1) To verify the personal appearance of affiant and the genuineness of signature

(2) To authenticate documents and verify due execution, making the documents admissible as evidence without proof
of authenticity.

Q: What are the qualifications of a notary public?

A: A Notary Public must be: a citizen of the Philippines, over 21 years of age, a resident of the Philippines for at least
one year and maintains a regular place of work or business, a member of the Philippine Bar in good standing, with
clearances from the Bar Confidant of the SC and the IBP and must have no conviction for any crime involving moral
turpitude. (Hence all notaries are lawyers but not all lawyers are notaries.)

Q: What is a notarial commission?

A: A notarial commission is granted by an executive judge after petition of the lawyer, and is good for two years.
Every petition undergoes a hearing and approved after petition is proven sufficient in form and substance, petitioner
proves allegations in petition, petitioner establishes to the satisfaction of the court that he has read and understood
the Rules on Notarial Practice.

Q: What can be notarized?

A: GENERAL RULE: A notary can notarize any document, upon request of affiant. Notarization of document must be
at the notary publics regular place of work.

Exceptions:
(1) in public offices, convention halls and other places where oaths of office are administered
(2) public function areas in hotels and similar areas used for the signing of instruments or documents requiring
notarization
(3) hospitals and other medical institutions where a part to an instrument is confined for treatment
(4) any place where a party to the instrument requiring notarization is under detention

*Irregularity in place - if it is outside of his territorial jurisdiction

CODE OF JUDICIAL CONDUCT

Q: What is expected of a judges conduct whether in public and in private?
A: Judges shall ensure that not only is their conduct above reproach, but that it is perceived to be so in the view of
a reasonable observer. (Canon 2, Sec. 1)

Q: What are the grounds for disqualification or inhibition from proceedings?

A: Canon 3, sec. 5

Judges shall disqualify themselves from participating in any proceedings in which they are unable to decide the
matter impartially or in which it may appear to a reasonable observer that they are unable to decide the matter
impartially. Such proceedings include, but are not limited to, instances where:
o The judge has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary
facts concerning the proceedings;
o The judge previously served as a lawyer or was a material witness in the matter in controversy;
o The judge, or a member of his or her family, has an economic interest in the outcome of the matter in
controversy;
o The judge served as executor, administrator, guardian, trustee or lawyer in the case or matter in
controversy, or a former associate of the judge served as counsel during their association, or the judge or lawyer
was a material witness therein;
LEGAL ETHICS - 11 - UP COLLEGE OF LAW PRE-WEEK NOTES
o The judge's ruling in a lower court is the subject of review;
o The judge is related by consanguinity or affinity to a party litigant within the sixth civil degree or to counsel
within the fourth civil degree; or
o The judge knows that his or her spouse or child has a financial interest, as heir, legatee, creditor, fiduciary,
or otherwise, in the subject matter in controversy or in a party to the proceeding, or any other interest that could
be substantially affected by the outcome of the proceedings

Under the Rules of Court, the grounds for Mandatory or Compulsory Disqualification (Rule 131, ROC) are:
1) He or his wife or his child is pecuniarily interested as heir, legatee, creditor or otherwise;
2) Relation to either party within the sixth degree of consanguinity or affinity or to counsel within the 4th civil
degree
3) When he has been an executor, guardian, administrator, trustee or counsel;
4) When he has presided in an inferior court where his ruling or decision is subject to review.

However, a judge may also voluntarily inhibit himself for just and valid reasons other than those mentioned above.
(Rule 137, Sec. 1)

A decision to disqualify himself is not conclusive and his competency may be determined on application for
mandamus to compel him to act. Judges decision to continue hearing a case in which he is not legally prohibited
from trying notwithstanding challenge to his objectivity may not constitute reversible error.

DISQUALIFICATION INHIBITION
Basis Specific and exclusive No specific grounds BUT there is a broad basis for
such, i.e., good, sound ethical grounds
Role of the Judicial officer has no discretion to sit The matter is left to the sound discretion of the judge
judicial officer or try the case

Q: How shall a judge ensure equality in the performance of his duty?

A: Ensuring equality of treatment to all before the courts is essential to the due performance of the judicial office.
(Canon 5)

Sec. 1. Judges shall be aware of, and understand, diversity in society and differences arising from various sources,
including but not limited to race, color, sex, religion, national origin, caste, disability, age, marital status, sexual
orientation, social and economic status and other like causes.

Sec. 2. Judges shall not, in the performance of judicial duties, by words or conduct, manifest bias or prejudice
towards any person or group on irrelevant grounds.

Sec. 3. Judges shall carry out judicial duties with appropriate consideration for all persons, such as the parties,
witnesses, lawyers, court staff and judicial colleagues, without differentiation on any irrelevant ground, immaterial to
the proper performance of such duties.

Sec. 4. Judges shall not knowingly permit court staff or others subject to his or her influence, direction or control to
differentiate between persons concerned, in a matter before the judge, on any irrelevant ground.

Sec. 5. Judges shall require lawyers in proceedings before the court to refrain from manifesting, by words or conduct,
bias or prejudice based on irrelevant grounds, except such as are legally relevant to an issue in proceedings and may
be the subject of legitimate advocacy.

Q: What are the prerequisites to the due performance of judicial office?

A: Competence and diligence are prerequisites to the due performance of judicial office. (Canon 6)

-End of Legal Ethics Pre-Week Notes-