NO.

CASE

Presidential Commission on Good Government v.

1. 
Sandiganbayan

2.  Director of Religious Affarirs v. Bayot

3.  Del Mundo v. Capistrano

4.  Tejana v. Baterina 748

5.  Ledesma v. Climaco

6.  Luna v. Galarrita

7.  Villegas v. Legaspi

8.  Cui v. Cui

9.  Alawi v. Alauya

10 Enriquez v. Jimenez

11 Philippine Lawyers Association v. Agrava

12 Pangan v. Ramos

13 Salcedo v. Hernandez

14 Blanza v, Arcangel
15 Ui v. Bonifacio

16 Deles v. Aragona

17 Zoreta v. Simpliciano

18 A-I Financial Services v. Valerio

24 Barcenas v. Alvero

25 Oria v. Tupaz

26 In re: Victorio Lanuevo

27 Ecraela v. Pangalangan

28 Umaguing vs. De Vera

29 Alonso vs. Relamida, Jr.

30 Pangan vs. Ramos

31 Madrid vs. Dealca

32 In re: Salazar

33 Omico Mining and Idustrial Corporation v. Vallejos

34 In re Cunanan

35 Collantes v. Renomeron

36 In re: Almacen

37 In re: Argosino

38 Kurada v. Jalandoni

39 People v. Villanueva

40 Dia-Annonuevo v. Bercacio

41 De Guzman v. Visayan Rapid Transit

42 Cayetano v. Monsod
43 In re: Edillon

44 Bacarro v. Pinatacan

45 Tajan v. Cusi, Jr.

46 Alcala vs. De Vera

47 Cantimbuhan vs. Cruz

48 Hydro Resources Contractors Corp. vs. Pagalilauan

49 Ramos vs. Rada

50 Beltran, Jr. vs. Abad

51 Diao vs. Martinez

52 Jardeleza vs. Sereno

53 Guarin vs. Limpin

54 Young v. Batuegas

55 Chavez v. Viola

56 In Re: Bagabuyo

57 Montecillo v. Gica

58 Foodsphere v. Mauricio

59 Uy V. Gonzales
60 Rilloraza v. Eastern Telecommunications

Orbit Transport v. Workmen’s Compensation

61
Commission

62 Regala v. Sandiganbayan

63 Santiago v. Fojas

64 Cantiller v. Potenciano

65 Millare v. Montero

66 Abragan v. Rodriguez

67 Aninon v. SAbitsana 669 SCRA76

68 Aquino v. CA

69 Angeles v. Uy

70 Nakpil v. Valdez

71 Penticostes v. Ibañez

72 Lazo v. Judge Tiong

73 Libarios v. Judge Dabalos

74 Sabitsana v. Judge Villamor

75 Mayor Padilla v. Zantua

76 Tan v. Judge Rosete

Office of the Court Administrator v. Judge De

77
Guzman

78 Spelmans v. Judge Ocampo

79 Muñez v. Judge Arino

Concerned Boholanos for Law and Order v. Judge

80
Calibo

81 Judge Inoturan v. Judge Limsiaco

83 Gacad v. Judge Clapis

84 Zacarias v. Judge Marcos

85 Rural Bank of Barotac Nuevo v. Cartagena

86 Tobias v. Judge Limsiaco

87 Fernandez v. Judge Hamoy

88 Re: Suspension of Clerk of Court, Rogelio Jacobo

89 Chan v. Judge Madajucon

 90 Dawa v. Judge De Asa

91 Anonymous v. Jduge Achas

In RE: Report in the Judcial Audit conducted in the

92
RTC, Urdaneta City, Pangasinan

93 Sps. Cauusin v. Judge Demecillo

94 Seludo v. Judge Fineza

95 Tabora v. Judge Carbonell

96 RE: Inhibition of Judge Rojas

97 Fecundo v. Judge Berjamen

98 Hilado v. Judge Reyes

99 Sps. Nazareno v. Judge Almario

100 Sps. Marfil and Espaniola v. Judge Cuachon

101 OCA v. Judge Ismael

Borromeo-Garcia v. Judge Pagayatan, AM No. 08-

102
2127, September 25, 2008

103 Sy vs. Judge Dinopol

104 ANDRES V. JUDGE MADAJUCON

105 CATBAGAN V. BARTE

106 ORTIZ V. JUDGE JACULBE

107 BERNACILLO V. JUDGE AMILA

108 MARCOS V. JUDGE PAMINTUAN

109 BALAYON V. JUDGE OCAMPO

110 HAW TAY V. JUDGE SINGAYAO

111 LIWANAG V. JUDGE LUSTRE

112 IN RE: JUDGE ACUNA

113 HEIRS OF THE LATE ASPIRAS V. JUDGE GANAY

114 BELEN V. JUDGE BELEN

115 REYES V. JUDGE DUQUE,

117 PERFECTO V. JUDGE DEALES-ESIDERA

118 KING V. JUDE HONTANOSAS

119 CO V. JUDGE PLATA

120 UY V. JAVELLANA

122 SANTOS V. TANCIONGCO

123 RODRIGUEZ V. ONG

124 MATAGA V. ROSETE

CONCERNED TRIAL LAWYERS OF MANILA V.

125
VENERACIO
126 JULIO V. VEGA

127 SALAZAR V. MARIGOMEN

128 CORREA V. BELEN

129 OCENAR V. MABUTIN

130 STATE PROSECUTORS V. MURO

131 ENRIQUEZ V. CAMINADE

132 DE LA CRUZ V. CARRETAS

133 SABATIN V. MALLARE

134 IMPAO V. MAKILALA

135 ANGELES V. SEMPIO-DIY

136 OCA V. MANTUA

137 MARINAO V. NACIONAL

138 DARUGDAG V. PADERANGA

139 MATURAN V. GUTIERREZ-TORRES

 EXPINELL V. ESPANOL, AM NO. RTJ 03-1785,
141
MARCH 10, 2005

RULE III, Sec. 1. QUALIFICATION

To be eligible for commissioning as notary public. the petitioner:
(1) must be a citizen Of the Philippines;
(2) must be over twenty-one (21) years Of
age;
(3) must be a resident in the Philippines for at least one (1) year and maintains a regular place of work or business in
where the ccmmission is to be issued;
(4) must be a rnember of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of t
and the Integrated Bar Of the Philippines; and
(5) must not have been convicted in the first
instance of any crime involving moral
turoitude.
RULE III, Sec. 11. JURISDICTION AND TERM
A person commissioned as notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioni
two (2) years commencing the first day of January of the year in which the commissioning is made, unless earlier revo
public has resigned under these Rules and the Rules of Court.

RULE IV. SECTION 1. Powers.

(a) A notary public is empowered to perform the following notarial acts:
(1) acknowledgments; ·
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessings;
(5) copy certifications; and
(6) any other act autl1orized by these Rules.
(b) A notary public is authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented fo
(c) A notary public is authorized to sign-on behalf of a person who is physically unable to sign or make a mark on an instrument or docum
RULE IV. SECTION 2. Prohibitions
(a) A notary public shall not perform a notarial act outside his regular place of work or business; provided, however, that on certain excep
(1) public offices, convention halls, and similar
places where oaths of office may be administered;
(2) public function areas in hotels and similar places
for the signing of instruments or documents
requiring notarization;
(3) hospitals and other medical institutions where a
party to an instrument or document is confined for
treatment; and
(4) any place where a party to an instrument or
document requiring notarization is under detention.
(b) A person shall not perform a notarial act if the person involved as signatory to the instrument or document
(1) is not in the notary's presence personally at the
time of the notarization; and
(2) is not personally known to the notary public or
otherwise identified by the notary , public through
competent evidence of identity as defined by these
Rules.
RULE IV. SEC. 3. Disqualifications.
A notary public is disqualified from performing a
notarial act if he: ·
(a) is a party to the instrument or document that is
to be notarized;
(b) will receive, as a direct or indirect result, any
commission, fee, advantage, right title, interest,
cash, property, or other consideration, except as
provided by these Rules and by law; or

(c) is a spouse, common-law partner, ancestor,

descendant, or relative by affinity or consanguinity
of the principal within the fourth civil degree.
RULE IV. SEC. 4. Refusal to Notarize.
A notary public shall not perform any notarial act
described in these Rules for any person requesting
such an act even if he tenders the appropriate fee
specified by these Rules if:
(a) the notary knows or has good reason to believe
that the notarial act or transaction is unlawful or
immoral;
(b) the signatory shows a demeanor which
engenders in the mind of the notary public
reasonable doubt as to the farmer's knowledge of
the consequences of the transaction requiring a
notarial act; and
(c) in the notary's judgement, the signatory is not
acting of his or her own free will
 Principle

“Adverse-interest conflicts” exist where the matter in which the former government lawyer
represents a client in private practice is substantially related to a matter that the lawyer dealt with
while employed by the government and the interests of the current and former are adverse
“Congruent-interest representation conflicts” are unique to government lawyers and apply primarily
to former government lawyers, prohibiting lawyers from representing a private practice client even if
the interests of the former government client and the new client are entirely parallel
Rule 6.03— A lawyer shall not, after leaving government service, accept engagement or employment
in connection with any matter in which he had intervened while in said service.
Matter - any discrete, isolatable act as well as identifiable transaction or conduct involving a
particular situation and specific party, and not merely an act of drafting, enforcing or interpreting
government or agency procedures, regulations or laws, or briefing abstract principles of law.
Intervened - only includes an act of a person who has the power to influence the subject
proceedings.

Section 25 of Rule 127. It is highly unethical for an attorney to advertise his talents or skill as a
merchant advertises his wares. Law is a profession and not a trade. The lawyer degrades himself and
his profession who stoops to and adopts the practices of mercantilism by advertising his services or
offering them to the public.

Indeed, when a lawyer takes a client’s cause, he covenants that he will exercise due diligence in
protecting the latter’s rights. His workload does not justify neglect in handling one’s case because it is
settled that a lawyer must only accept cases as much as he can efficiently handle.
A lawyer is obliged to hold in trust money of his client that may come to his possession. As trustee of
such funds, he is bound to keep them separate and apart from his own. Money entrusted to a lawyer
for a specific purpose such as for the filing and processing of a case if not utilized, must be returned
immediately upon demand.

Lawyers have a “fourfold duty to society, the legal profession, the courts and their clients,” and must
act “in accordance with the values and norms of the legal profession as embodied in the Code of
Professional Responsibility
Once a lawyer’s services are engaged, “he is duty-bound to serve his client with competence, and to
attend to his client’s cause with diligence, care and devotion regardless of whether he accepts it for a
fee or for free.
It makes even more manifest that law is indeed a profession dedicated to the ideal of service and not
a mere trade.

SC: acknowledges the recommendation of the Integrated Bar of the Philippines Board of Governors,
with modification increasing the period of suspension from the practice of law to two (2) years.
Even though complainant Luna effectively abandoned the issue on respondent Atty. Galarrita’s lack of
authority to compromise the civil case when he demanded the payment of the settlement proceeds,
this does not erase his acts of abusing the trust and confidence reposed in him by complainant Luna.
Any money collected for the client or other trust property coming into the lawyer’s possession should
promptly be reported by him.
Without the client’s consent, the lawyer has no authority to apply the client’s money for his fees, but
he should instead return the money to his client, without prejudice to his filing a case to recover his
unsatisfied fees.
First, “lawyer[s] [are] not entitled to unilaterally appropriate [their] clients[’] money for [themselves]
by the mere fact that the client[s] [owe] [them] attorney’s fees.”100They must give prompt notice to
their clients of any receipt of funds for or on behalf of their clients.
elements required for full recognition of attorney’s lien are: “(1) lawyer-client relationship; (2) lawful
possession of the client’s funds, documents and papers; and (3) unsatisfied claim for attorney’s
fees.”102
Thus, “appearance as counsel” is a voluntary submission to a court’s jurisdiction by a legal advocate
or advising lawyer professionally engaged to represent and plead the cause of another.
Since the respective Courts of First Instance, before which Assemblymen Legaspi and Fernandez
appeared as counsel, were acting in the exercise of original and not appellate jurisdiction, they must
be held barred from appearing as counsel before said Courts in the two cases involved herein.
No Senator or Member of the House of Representatives may personally appear as counsel before any
court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies.
(SEC. 14, ART. VI, CONSTITUTION

We are of the opinion that whether taken alone or in context the term "titulo de abogado" means not
mere possession of the academic degree of Bachelor of Laws but membership in the Bar after due
admission thereto, qualifying one for the practice of law.
According to Rule 138 such admission requires passing the Bar examinations, taking the lawyer's
oath and receiving a certificate from the Clerk of Court, this certificate being his license to practice
the profession. The academic degree of Bachelor of Laws in itself has little to do with admission to
the Bar, except as evidence of compliance with the requirements that an applicant to the
examinations has "successfully completed all the prescribed courses, in a law school or university,
officially approved by the Secretary of Education." For this purpose, however, possession of the
degree itself is not indispensable: completion of the prescribed courses may be shown in some other
way.
When the defendant was restored to the roll of lawyers the restrictions and disabilities resulting from
his previous disbarment were wiped out.

“(p)ublic officials and employees ** at all times respect the rights of others, and ** refrain from
doing acts contrary to law, good morals, good customs, public policy, public order, public safety and
public interest.”. More than once has this Court emphasized that “the conduct and behavior of every
official and employee of an agency involved in the administration of justice, from the presiding judge
to the most junior clerk, should be circumscribed with the heavy burden of responsibility. Their
conduct must at all times be characterized by, among others, strict propriety and decorum so as to
earn and keep the respect of the public for the judiciary

Unlike a practicing lawyer who has the right to decline employment, a fiscal cannot refuse the
performance of his functions on grounds not provided for by law without violating his oath of office,
where he swore, among others, "that he will well and faithfully discharge to the best of his ability the
duties of the office or position upon which he is about to enter.
Bias of prejudice and animosity or hostility on the part of a fiscal not based on any of the conditions
enumerated in the law and the Rules of Court do not constitute a legal and valid excuse for inhibition
or disqualification.

Members of the Philippine Bar authorized by this Tribunal to practice law, and in good standing, may
practice their profession before the Patent Office, for the reason that much of the business in said
office involves the interpretation and determination of the scope and application of the Patent Law
and other laws applicable, as well as the presentation of evidence to establish facts involved; that
part of the functions of the Patent Director are judicial or quasijudicial, so much so that appeals from
his orders and decisions are, under the law, taken to the Supreme Court.

The attorney’s roll or register is the official record containing the names and signatures of those who
are authorized to practice law. A lawyer is not authorized to use a name other than the one inscribed
in the Roll of Attorneys in his practice of law.
It is right and plausible that an attorney, in defending the cause and rights of his client, should do so
with all the fervor and energy of which he is capable, but it is not, and never will be so for him to
exercise said right by resorting to intimidation or proceeding without the propriety and respect which
the dignity of the courts require.
"Where the matter is abusive or insulting, evidence that the language used was justified by the facts
is not admissible as a defense. Respect for the judicial office should always be observed and
enforced."
A lawyer has a more dynamic and positive role in the community than merely complying with the
minimal technicalities of the statute. As a man of law, he is necessarily a leader of the community,
looked up to as a model citizen. His conduct must, perforce, be par excellence, especially so when,
as in this case, he volunteers his professional services.
Clear from the foregoing is that one of the conditions prior to admission to the bar is that an
applicant must possess good moral character. More importantly, possession of good moral character
must be continuous as a requirement to the enjoyment of the privilege of law practice, otherwise, the
loss thereof is a ground for the revocation of such privilege. Immoral conduct has been defined as
“that conduct which is willful, flagrant, or shameless, and which shows a moral indifference to the
opinion of the good and respectable members of the community

Statements made in the course of judicial proceedings are absolutely privileged—that is, privileged
regardless of defamatory tenor and of the presence of malice—if the same are relevant, pertinent or
material to the cause in hand or subject of the inquiry. And that, in view of this, the person who
makes them—such as a judge, lawyer, or witness—does not thereby incur the risk of being found
liable thereon in a criminal prosecution or an action for the recovery of damages.
The object of a disbarment proceeding is not so much to punish the individual attorney himself, as to
safeguard the administration of justice by protecting the court and the public from the misconduct of
officers of the court, and to remove from the profession of law persons whose disregard for their
oath of office have proved them unfit to continue discharging the trust reposed in them as members
of the bar

Canon 7 of the same Code, which directs every lawyer to uphold at all times the integrity and dignity
of the legal profession.
On different occasions, this Court had disbarred or suspended lawyers for notarizing documents with
an expired commission

The deliberate failure to pay just debts and the issuance of worthless checks constitute gross
misconduct, for which a lawyer may be sanctioned with suspension from the practice of law.
A lawyer’s failure to answer the complaint against him and his failure to appear at the investigation
are evidence of his flouting resistance to lawful orders of the court and illustrate his despiciency for
his oath of office in violation of Section 3, Rule 138 of the Rules of Court.

When a lawyer receives money from a client for a particular purpose, the lawyer is bound to render
an accounting to the client showing that the money was spent for a particular purpose. And if he
does not use the money for the intended purpose, the lawyer must immediately return the money to
his client.
Atty. Alvero’s failure to immediately account for and return the money when due and upon demand
violated the trust reposed in him, demonstrated his lack of integrity and moral soundness, and
warranted the imposition of disciplinary action.
Once he agrees to take up the cause of a client, the lawyer owes fidelity to such cause and must
always be mindful of the trust and confidence reposed in him. He must serve the client with
competence and diligence, and champion the latter’s cause with wholehearted fidelity, care, and
devotion

Supreme Court with authority to determine what crime involves moral turpitude.
On several occasions in the past, the Court nullified the admission of successful bar candidates to the
membership of the Bar on the grounds, among others, of (a) misrepresentations of, or false
pretenses relative to, the requirement on applicant’s educational attainment; (b) lack of good moral
character; and (c) fraudulent passing of the Bar examinations.

Good moral character is not only required for admission to the Bar, but must also be retained in
order to maintain one’s good standing in this exclusive and honored fraternity.
Fundamental is the rule that in his dealings with his client and with the courts, every lawyer is
expected to be honest, imbued with integrity, and trustworthy
The essence of forum shopping is the filing of multiple suits involving the same parties for the same
cause of action, either simultaneously or successively, for the purpose of obtaining a favorable
judgment.
A lawyer who files multiple or repetitious petitions (which obviously delays the execution of a final
and executory judgment) subjects himself to disciplinary action for incompetence (for not knowing
any better) or for willful violation of his duties as an attorney to act with all good fidelity to the
courts, and to maintain only such actions as appear to him to be just and are consistent with truth
and honor
The attorney’s roll or register is the official record containing the names and signatures of those who
are authorized to practice law. A lawyer is not authorized to use a name other than the one inscribed
in the Roll of Attorneys in his practice of law. Lawyer who use before the courts a name other than
the name inscribed in the Roll of Attorneys resorted to deception and demonstrated lack of candor in
dealing with the courts
The Lawyer’s Oath is a source of obligations and duties for every lawyer, and any violation thereof by
an attorney constitutes a ground for disbarment, suspension, or other disciplinary action. The oath
exhorts upon the members of the Bar not to “wittingly or willingly promote or sue any groundless,
false or unlawful suit.” These are not mere facile words, drift and hollow, but a sacred trust that must
be upheld and keep inviolable.
All lawyers are bound to uphold the dignity and authority of the courts, and to promote confidence in
the fair administration of justice. It is the respect for the courts that guarantees the stability of the
judicial institution; elsewise, the institution would be resting on a very shaky foundation

Names in a firm name of a partnership must be living partners

Section 35 of Rule 138 was promulgated by the Court pursuant to its constitutional power to regulate
the practice of law. It is based on sound reasons of public policy , for there is no question that the
rights, duties, privileges and functions of the office of an attorney-at-law are so inherently
incompatible with the high official functions, duties, powers, discretions and privileges of a judge of
the Court of First Instance.

The authority and responsibility over the admission, suspension, disbarment and reinstatement of
attorneys at law and their supervision remain vested in the Supreme Court

Misconduct as public official constitutes violation of oath as lawyer

Well-recognized therefore is the right of a lawyer, both as an officer of the court and as a citizen, to
criticize in properly respectful terms and through legitimate channels the acts of courts and judges.
But it is the cardinal condition of all such criticism that it shall be bona fide, and shall not spill over
the walls of decency and propriety.
Requirement of good moral character to be satisfied by those who would seek admission to the bar
must be a necessity more stringent than the norm of conduct expected from members of the general
public.
Military Commission is a special military tribunal governed by a special law and not by the Rules of
Court which govern ordinary civil courts. There is nothing in Executive Order No. 68 which requires
that counsel appearing before said commission must be attorneys qualified to practice law in the
Philippines in accordance with the Rules of Court.
The practice of law by attorneys employed in the government, to fall within the prohibition of
statute, has been interpreted as customarily or habitually holding one’s self out to the public, as a
lawyer and demanding payment for such services.
The appearance as counsel on one occasion, is not conclusive as determinative of engagement in the
private practice of law. The word private practice of law implies that one must have presented
himself to be in the active and continued practice of the legal profession and that his professional
services are available to the public for a compensation, as a source of his livelihood or in
consideration of his said services.
The rule disqualifying a municipal judge from engaging in the practice of law seeks to avoid the evil
of possible use of the power and influence of his office to affect the outcome of a litigation where he
is retained as counsel.
The importance, merits and value of professional services of a lawyer are measured not alone by his
work taken separately, but by his work taken as a whole.
Practice of law means any activity, in or out of court, which requires the application of law, legal
procedure, knowledge, training and experience.
To compel a lawyer to be a member of the Integrated Bar is no violative of his constitution freedom
to associate. Integration does not make a lawyer a member of any group of which he is not already a
member. He became a member of the Bar when he passed the Bar examinations. All that integration
actually does is to provide an official national organization for the well-defined but unorganized and
incohesive group of which every lawyer is already a member. Bar Integration does not compel the
lawyer to associate with anyone. He is free to attend or not attend the meetings of his Integrated Bar
Chapter or vote or refuse to vote in its elections as he chooses. The only compulsion to which he is
subjected is the payment of annual dues. The Supreme Court, in order to further the State’s
legitimate interest in elevating the quality of professional legal services, may require that the cost of
improving the professional in his fashion be shared by the subjects and beneficiaries of the regulatory
program—the lawyers. Assuming that the questioned provision does in a sense compel a lawyer to be
member of the Integrated Bar, such compulsion is justified as an exercise of the police power of the
State.
No prohibition in the Constitution from requiring members of a privileged class, such as lawyers are,
to pay a reasonable fee toward defraying the expenses of regulation of the profession to which they
belong.
If the power to imposed the fee as regulatory measure is recognized, then a penalty designed to
enforce its payment, which penalty may be avoided altogether by payment, is not void as
unreasonable or arbitrary.

We hold that herein respondent Pinatacan had failed to live up to the high moral standard demanded
for membership in the Bar. He had seduced complainant into physically submitting herself to him by
promises of marriage. He even eloped with her and brought her to another place. He got her
pregnant and then told her to have an abortion. When complainant refused, he deserted her.
Complainant had to track him down to ask him to help support their child born out of wedlock, and
during the few times that she was able to see him, respondent merely made promises which he
apparently did not intend to keep. On top of all these, respondent had the audacity and impudence
to deny before this Court in a sworn Affidavit the paternity of his child by complainant.

Court of First Instance has authority to investigate and suspend erring attorneys

In failing to inform his clients of the decision in the civil case handled by him, the lawyer failed to
exercise such skill, care, and diligence as men of the legal profession commonly possess and exercise
in such matters of professional employment.
Non-lawyers, including senior law students, can appear in the municipal trial court as private
prosecutors for accused persons under the supervision and control of the fiscal; Permission of the
fiscal not necessary for one to enter his appearance as private prosecutor.

A lawyer may be an employee of a private corporation or even of the government.

This Court has consistently ruled that the determination of whether or not there is an employer-
emloyee relation depends upon four standards:
(1) the manner of selection and engagement of the putative employee;
(2) the mode of payment of wages;
(3) the presence or absence of a power of dismissal; and
(4) the presence or absence of a power to control the putative employee’s conduct. Of the four, the
right-of-control test has been held to be the decisive factor
Rada has violated the civil service rule prohibiting government employees from engaging
directly in a private business, vocation or profession or being connected with any
commercial, credit, agricultural or industrial undertaking without a written permission
from the head of the Department. But, indubitably, also, his private business connection has not
resulted in any prejudice to the Government service. Thus, his violation of the rule—the lack of prior
permission—is a technical one, and he should be meted no more than the minimum imposable
penalty, which is reprimand

Practicing law without having been previously admitted to the Philippine bar, although already
successful bar candidate, constitutes contempt of court
Telesforo A. Diao was not qualified to take the bar examinations; but due to his false
representations, he was allowed to take it, luckily passed it, and was thereafter admitted to the Bar.
Such admission having been obtained under false pretenses must be, and is hereby revoked. The fact
that he hurdled the Bar examinations is immaterial. Passing such examinations is not the only
qualification to become an attorney-at-law; taking the prescribed courses of legal study in the regular
manner is equally essential.

A lawyer who engages in extra-marital affairs is deemed to have failed to adhere to the exacting
standards of morality and decency which every member of the Judiciary is expected to observe. In
fact, even relationships which have never gone physical or intimate could still be subject to charges
of immorality, when a lawyer, who is married, admits to having a relationship which was more than
professional, more than acquaintanceship, more than friendly.
It is well-established in jurisprudence that disciplinary proceedings against lawyers are sui generis in
that they are neither purely civil nor purely criminal; they involve investigations by the Supreme
Court (SC) into the conduct of one of its officers, not the trial of an action or a suit.
The Supreme Court (SC) subscribes to the view that in cases where an objection to an applicant’s
qualifications is raised, the observance of due process neither negates nor renders illusory the
fulfillment of the duty of Judicial and Bar Council (JBC) to recommend

Disbarment proceedings are sui generis and can proceed independently of civil and criminal cases.
A lawyer must be a disciple of truth. He swore upon his admission to the Bar that he will “do no
falsehood nor consent to the doing of any in court” and he shall “conduct himself as a lawyer
according to the best of his knowledge and discretion with all good fidelity as well to the courts as to
his clients.”

The practice of law is not a right but a privilege bestowed by the State on those who show that they
possess, and continue to possess, the qualifications required by law for the conferment of such
privilege. One of those requirements is the observance of honesty and candor. It cannot be gainsaid
that candidness, especially towards the courts, is essential for the expeditious administration of
justice. Courts are entitled to expect only complete candor and honesty from the lawyers appearing
and pleading before them. A lawyer, on the other hand, has the fundamental duty to satisfy that
expectation.

Rule 11.05 of Canon 11 states that a lawyer “shall submit grievances against a judge to the proper
authorities only.” It is violated when a perso caused the holding of a press conference where he
made statements against the Order allowing the accused to be released on bail.

It is the duty of the lawyer to maintain towards the courts a respectful attitude. It is manifest that
respondent del Mar has scant respect for the two highest Courts of the land when on the flimsy
ground of alleged error in deciding a case, he proceeded to challenge the integrity of both Courts by
claiming that they knowingly rendered unjust judgment.
Rule 13.02 of the Code of Professional Responsibility, mandates 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

As a rule, an attorney-client relationship is said to exist when a lawyer voluntarily permits or

acquiesces with the consultation of a person, who in respect to a business or trouble of any kind,
consults a lawyer with a view of obtaining professional advice or assistance. It is not essential that
the client should have employed the attorney on any previous occasion or that any retainer should
have been paid, promised or charged for, neither is it material that the attorney consulted did not
afterward undertake the case about which the consultation was had, for as long as the advice and
assistance of the attorney is sought and received, in matters pertinent to his profession.
Whether there is an agreement or not, the courts shall fix a reasonable compensation which lawyers
may receive for their professional services. A lawyer has the right to be paid for the legal services he
has extended to his client, which compensation must be reasonable. In fixing a reasonable
compensation for the services rendered by a lawyer on the basis of quantum meruit, the elements to
be considered are generally (1) the importance of the subject matter in controversy, (2) the extent of
services rendered, and (3) the professional standing of the lawyer.
Time-pressure provides no justification for the suppression of material and vital facts which bear on
the merit or lack of merit of a petition. Members of the bar owe fidelity to the courts as well as to
their clients.

As general rule, a lawyer may not invoke the privilege and refuse to divulge the name or identity of
his client. By way of exception, however, a lawyer may refuse to reveal the identity of his client
under the following circumstances: (1) where a strong probability exists that revealing the client’s
name would implicate that client in the very activity for which he sought the lawyer’s advice; (2)
where disclosure would open the client to civil liability, his identity is privileged or; (3) where the
government’s lawyers have no case against an attorney’s client unless, by revealing the client’s
name, the said name would furnish the only link that would form the chain of testimony necessary to
convict an individual of a crime

Rule 18.03 of the Code of Professional Responsibility provides that a lawyer shall not neglect a legal
matter entrusted to him, and his negligence in connection therewith shall render him liable.

When a lawyer takes a client’s cause, he thereby covenants that he will exert all effort for its
prosecution until its final conclusion. The failure to exercise due diligence or the abandonment of a
client’s cause makes such lawyer unworthy of the trust which the client had reposed on him

Canon 12 states that a lawyer is required to exert every effort and consider it his duty to assist in the
speedy and efficient administration of justice. Implementing this Canon, Rule 12.02 states that a
lawyer shall not file multiple actions arising from the same cause and Rule 12.04 requires that a
lawyer shall not unduly delay a case, impede the execution of a judgment or misuse court processes.
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.
One test is whether a lawyer is duty-bound to fight for an issue or claim in behalf of one client and,
at the same time, to oppose that claim for the other client. Another test of inconsistency of interests
is whether the acceptance of a new relation would prevent the full discharge of the lawyer’s duty of
undivided fidelity and loyalty to the client or invite suspicion of unfaithfulness or double-dealing in
the performance of that duty. Still another test is whether the lawyer would be called upon in the
new relation to use against a former client any confidential information acquired through their
connection or previous employment.

Section 26, Rule 138 - an attorney may retire at anytime from an action or special proceeding, by the
written consent of his client filed in court. He may also retire at anytime from an action or special
proceeding, without the consent of his client, should the court, on notice to the client and attorney,
and on hearing, determine that he ought to be allowed to retire. In case of substitution, the name of
the attorney newly employed shall be entered on the docket of the court in place of the former one,
and the written notice of the change shall be given to the adverse party.
Money of the client collected for the client or other trust property coming into the possession of the
lawyer should be reported and accounted for promptly and should not under any circumstances be
commingled with his own or be used by him.
Canon 17 of the Code of Professional Responsibility which provides that a lawyer owes fidelity to his
client’s cause and enjoins him to be mindful of the trust and confidence reposed on him.
Canon 6 of the Code of Professional Responsibility provides: These canons shall apply to lawyers in
government service in the discharge of their official tasks.
Sec.1, Rule 137 - a judge who is related within the sixth degree of consanguinity or affinity to a party
in a case is disqualified from sitting in the case without the consent of all parties, expressed in
writing, signed by them, and entered upon the record. This prohibition is not limited to cases in
which a judge hears the evidence of the parties but includes as well cases in which he acts by
resolving motions and issuing orders as respondent judge has done in the subject criminal case. The
purpose of the prohibition is to prevent not only a conflict of interest but also the appearance of
impropriety on the part of the judge
In the absence of fraud, dishonesty or corruption, the acts of a judge done in his judicial capacity are
not subject to disciplinary action, even though such acts may be erroneous. But, while judges should
not be disciplined for inefficiency on account merely of occasional mistakes or errors of judgment,
yet, it is highly imperative that they should be conversant with basic legal principles.

The Canons mince no words in mandating that a Judge shall refrain from influencing in any manner
the outcome of litigation or dispute pending before another Court (Canon 2, Rule 2.04). Interference
by members of the bench in pending suits with the end in view of influencing the course or the result
of litigation does not only subvert the independence of the judiciary but also undermines the people's
faith in its integrity and impartiality.
A judge must avoid all impropriety and the appearance thereof. Being the subject of constant public
scrutiny, a judge should freely and willingly accept restrictions on conduct that might be viewed as
burdensome by the ordinary citizen.
When the judge himself becomes the transgressor of any law which he is sworn to apply, he places
his office in disrepute, encourages disrespect for the law and impairs public confidence in the
integrity and impartiality of the judiciary itself. It is therefore paramount that a judge’s personal
behavior both in the performance of his duties and his daily life, be free from any appearance of
impropriety as to be beyond reproach.
As the visible representation of law and justice, judges are expected to conduct themselves in a
manner that would enhance the respect and confidence of our people in the judicial system. It is
incumbent upon them to so behave at all times as to promote public confidence in the integrity and
impartiality of the judiciary.

In every case, a judge should endeavor diligently to ascertain the facts and the applicable law
unswayed by partisan or personal interests, public opinion or fear of criticism.
As regards going on the air to express one’s opinion over a matter of public concern, Judge Calibo,
Jr. cannot be held to answer administratively simply because he was only exercising his constitutional
right to be heard in a petition for the redress of grievances.
A resolution of the Supreme Court requiring comment on an administrative complaint against officials
and employees of the judiciary should not be construed as a mere request from the Court. Nor
should it be complied with partially, inadequately or selectively.

. It is an ironclad principle that a judge must not only be impartial; he must also appear to be
impartial at all times. Being in constant scrutiny by the public, his language, both written and spoken,
must be guarded and measured lest the best of intentions be misconstrued.

The Code of Judicial Conduct mandates that a magistrate “should avoid impropriety and the
appearance of impropriety in all activities”; and “should be the embodiment of competence, integrity
and independence.” Since appearance and reality fuse in the performance of judicial functions, the
judge—like Caesar’s wife—must not only be pure, but also be beyond suspicion.
Being an incumbent member of the Judiciary, a judge is expected to be a model of uprightness,
fairness and honesty not only in all his official conduct but also in his personal actuations, including
business and commercial transactions.
The conduct of a judge should be beyond reproach and reflective of the integrity of his office.
Judges have a duty to decide their cases within the reglementary period. On meritorious grounds,
they may ask for additional time. It must be stressed, however, that their application for extension
must be filed before the expiration of the prescribed period.
It is incumbent upon the Clerk of Court to ensure an orderly and efficient record management in the
court and to supervise the personnel under his office to function effectively. The fact that other court
employees had access to the records does not exculpate him.

Judges are clothed in robes, not only, that they who witness the administration of justice should be
properly advised that the function performed is one different from, and higher, than that which a
man discharges as a citizen in the ordinary walks of life; but also, in order to impress the judge
himself with the constant consciousness that he is a high priest in the temple of justice and is
surrounded with obligations of a sacred character that he cannot escape and that require his utmost
care, attention and self-suppression.
The people’s confidence in the judicial system is founded not only on the magnitude of legal
knowledge and the diligence of the members of the bench, but also on the highest standard of
integrity and moral uprightness they are expected to possess. More than simply projecting an image
of probity, a judge must not only appear to be a “good judge”; he must also appear to be a “good
person.”
No position demands greater moral righteousness and uprightness from its occupant than does the
judicial office. Judges in particular must be individuals of competence, honesty and probity, charged
as they are with safeguarding the integrity of the court and its proceedings.

An orderly and efficient case management system is no doubt essential in the expeditious disposition
of judicial caseloads, because only thereby can the judges, branch clerks of courts, and the clerks-in-
charge of the civil and criminal dockets ensure that the court records, which will be the bases for
rendering the judgments and dispositions, and the review of the judgments and dispositions on
appeal, if any, are intact, complete, updated, and current.
The rule that a lawyer is presumed to be authorized to appear before a court applies only to lawyers,
not judges. Judges are prohibited from being personally involved in a case unless he himself is a
party thereto.
The Code of Judicial Ethics mandates that a judge must be free of a whiff of impropriety not only
with respect to his performance of official duties, but also to his behavior outside his sala and as a
private individual. The Code dictates that a judge must behave with propriety at all times. That
respondent was suffering from heart ailment and diabetes is not an excuse.

Rule 137, Sec. 1 of the Rules of Court expressly states that no judge or judicial officer shall sit in any
case in which he has been counsel without the written consent of all parties in interest, signed by
them and entered upon the record. The prohibition is thus not limited to cases in which a judge hears
the evidence of the parties but includes as well cases where he acts by resolving motions, issuing
orders and the like
While bias and prejudice are not to be presumed especially if weighed against a judge’s sacred
obligation under his oath of office to administer justice without respect to person, the Court has at
the same time admonished judges to so conduct themselves and exercise their discretion in a way
that the peoples’ and litigants’ ‘all-important confidence in the impartiality of the judiciary’ is ever
nurtured and upheld

Since petitioners are not parties to the case, they may not seek public respondent’s inhibition

The time honored rule is that a public official whose duty is to apply the law and dispense justice, be
he a judge of a lower court or tribunal or a justice of the appellate courts, should not only be
impartial, independent and honest but should be believed and perceived to be impartial, independent
and honest.

The fact that respondent judge subsequently inhibited himself after it became evident that no
possible amicable settlement could be reached by the parties does not extenuate his culpability.

Violation of the basic tenets of judicial conduct embodied in the New Code of Judicial Conduct for the
Philippine Judiciary and the Code of Judicial Conduct constitutes a breach of Canons 1 and 1 as well
as Rules 1.03 and 12.04 of the Code of Professional Responsibility
The Court has held that a judge must at all times not only be impartial, but maintain the appearance
of impartiality.
The Supreme Court found Judge Dinopol committed a serious impropriety in his or his family’s
financial or business dealings with Sy. Although at the time he and his family had business dealings
with Sy there was no pending case involving the businessman, he should have been more
circumspect in securing the construction materials.

Section 2 of Canon 3 of the New Code of Judicial Conduct specifically provides that “judges shall
ensure that his or her conduct, both in and out of court, maintains and enhances the confidence of
the public, the legal profession and litigants in the impartiality of the judge and of the judiciary.”
Section 5 of the same Canon further states that “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 (b) the judge previously served as
lawyer in the matter in controversy.”
The Code of Judicial Conduct mandates that a judge shall refrain from financial and business dealings
that tend to reflect adversely on the court’s impartiality, interfere with the proper performance of
judicial activities, or increase involvement with lawyers or persons likely to come before the court. A
judge should so manage investments and other financial interests as to minimize the number of
cases giving grounds for disqualification.

Judge Jaculbe’s failure to inhibit himself when his son-in-law appeared as counsel in a case he was
trying is a patent violation of the Code of Judicial Conduct and the Rules of Court.

It is reprehensible for a judge to humiliate a lawyer, litigant or witness. The act betrays lack of
patience, prudence and restraint. Thus, a judge must at all times be temperate in his language. He
must choose his words, written or spoken, with utmost care and sufficient control.
Judges owe it to the public to be well-informed, thus, they are expected to be familiar with the
statutes and procedural rules at all times. When the law is so elementary, not to know it or to act as
if one does not know it, constitutes gross ignorance of the law.
A mere error in judgment is immaterial in an administrative complaint against a judge absent any
showing of bad faith.

Judges are demanded to be always temperate, patient and courteous both in conduct and in
language. Indeed, a judge should so behave at all times as to promote public confidence in the
integrity and impartiality of the judiciary. Propriety and the appearance of propriety are essential to
the performance of all the activities of a judge.

CANON 4 of the New Code of Conduct for the Philippine Judiciary.

SEC. 13. Judges and members of their families shall neither ask for, nor accept, any gift, bequest,
loan or favor in relation to anything done or to be done or omitted to be done by him or her in
connection with the performance of judicial duties.
SEC. 14. Judges shall not knowingly permit court staff or others subject to their influence, direction
or authority, to ask for, or accept, any gift, bequest, loan or favor in relation to anything done or to
be done or omitted to be done in connection with their duties or functions.
SEC. 15. Subject to law and to any legal requirements of public disclosure, judges may receive a
token gift, award or benefit as appropriate to the occasion on which it is made provided that such
gift, award or benefit might not reasonably be perceived as intended to influence the judge in the
performance of judicial duties or otherwise give rise to an appearance of partiality.

In several cases the Court ruled that the use the official letterhead the court constitutes impropriety.

The Supreme Court held that the Code of Judicial Ethics mandates that the conduct of a judge must
be free of a whiff of impropriety not only with respect to his performance of his official duties, but
also to his behavior outside his sala and as a private individual. There is no dichotomy of morality. A
public official is also judged by his private morality being the subject of constant public scrutiny.

The previous Code of Judicial Conduct specifically warned the judges against seeking publicity for
personal vainglory. Vainglory, in its ordinary meaning, refers to an individual’s excessive or
ostentatious pride especially in one’s own achievements. Even no longer explicitly stated in the New
Code of Judicial Conduct, judges are still proscribed from engaging in self-promotion and indulging
their vanity and pride by Canons 1 (on Integrity) and 2 (on Propriety) of the New Code.
On the issue of partiality and manifest bias, the rule is that mere suspicion that a judge is partial is
not enough. Clear and convincing evidence to prove the charge is required.
Judges are not common individuals whose gross errors men forgive and time forgets. They are
expected to have more than just a modicum acquaintance with the statutes and procedural rules. For
this reason alone, respondent Justices’ adoption of the irregular procedure cannot be dismissed as a
mere deficiency in prudence or as a lapse in judgment on their part, but should be treated as simple
misconduct, which is to be distinguished from either gross misconduct or gross ignorance of the law.
Mere imputation of judicial misconduct in the absence of sufficient proof to sustain the same will
never be countenanced. If a judge should be disciplined for misconduct, the evidence against him
should be competent.
No violation of Sec. 1, Canon 5 of the New Code of Judicial Conduct when there is no imposition of
reliious convictions but merely suggestions of the benefits of reading the Bible.
Conduct unbecoming for failure to comply with a final judgement
The moral standard of honesty is equally, if not much more, expected from members of the
Judiciary, as they are the agents through which the Court ensures that the end of justice is served.
Dishonesty is anathema to the very nature of functions which a magistrate performs.

Insulting statements, tending to project complainant’s ignorance of the laws and procedure, coming
from his inconsiderate belief that the latter mishandled the cause of his client is obviously and clearly
insensitive, distasteful, and inexcusable and constitutes conduct ubecoming

In administrative proceedings, the complainant has the burden of proving the allegations in his
complaint with substantial evidence, i.e., that amount of relevant evidence which a reasonable mind
might accept as adequate to justify a conclusion. In the absence of evidence to the contrary, a judge
enjoys the presumption of regularity in the performance of his functions.

Commutation of penalty from dismissal to suspension for Judge's “solemn commitment” that: he will
avoid creating a situation that spawns suspicion of arbitrary and improper conduct; he would ‘adopt
usual and expected method of doing justice and not seek to be extreme or peculiar in his judgment
or spectacular or sensational in the conduct of the court.’; he would avoid all appearances of
impropriety, especially those that create suspicion of partiality, bias or improper motive.

The New Code of Judicial Conduct for the Philippine Judiciary requires judges to be embodiments of
judicial competence and diligence. Those who accept this exalted position owe the public and this
Court the ability to be proficient in the law and the duty to maintain professional competence at all
times.
A judge should always keep his passion guarded. He can never allow it to run loose and overcome his
reason. He descends to the level of a sharp-tongued, ill-mannered petty tyrant when he utters harsh
words, snide remarks or sarcastic comments. As a result, he degrades the judicial office and erodes
public confidence in the judiciary.

A judge ought to know the cases submitted to her for decision or resolution and is expected to keep
her own record of cases so that she may act on them promptly. It is incumbent upon her to devise
an efficient recording and filing system in her court so that no disorderliness can affect the flow of
cases and their speedy disposition.

This Court concedes that there are no promulgated rules on the conduct of judicial audit. However,
the absence of such rules should not serve as license to recommend the imposition of penalties to
retired judges who, during their incumbency, were never given a chance to explain the circumstances
behind the results of the judicial audit. Judicial audit reports and the memoranda which follow them
should state not only recommended penalties and plans of action for the violations of audited courts,
but also give commendations when they are due. To avoid similar scenarios, manual judicial audits
may be conducted at least six months before a judge’s compulsory retirement.

Canon 6 of the New Code of Judicial Conduct for the Philippine Judiciary states that competence is a
prerequisite to the due performance of judicial office. Section 3 of Canon 6 states that judges shall
take reasonable steps to maintain and enhance their knowledge necessary for the proper
performance of judicial duties. Judges should keep themselves abreast with legal developments and
show acquaintance with laws. The rule that courts cannot prematurely take cognizance of cases
pending before administrative agencies is basic. There was no reason for Judge Paderanga to make
an exception to this rule.

A judge like Judge Gutierrez-Torres should be imbued with a high sense of duty and responsibility in
the discharge of the obligation to promptly administer justice. She must cultivate a capacity for
promptly rendering her decisions. Should she anticipate that she would need a period longer than
what the Constitution and the issuances of the Court prescribe within which to render her decision or
resolution, she should request a proper extension of the period from the Court, through the OCA, and
lay out in the request the justification for her inability.
 The Constitution provides that all cases or matters filed before lower courts must be decided or
resolved within three months from the date they are submitted for decision or resolution.

y public. the petitioner:

pines for at least one (1) year and maintains a regular place of work or business in the city or province
ed;
pine Bar in good standing with clearances from the Office of the Bar Confidant of the Supreme Court
pines; and
c may perform notarial acts in any place within the territorial jurisdiction of the commissioning court for a period of
t day of January of the year in which the commissioning is made, unless earlier revoked or the notary
nd the Rules of Court.

he following notarial acts:

affixing of a signature by thumb or other mark on an instrument or document presented for notarization
half of a person who is physically unable to sign or make a mark on an instrument or document if

l act outside his regular place of work or business; provided, however, that on certain exceptional occasions or situations, a notarial act may be perfor

the person involved as signatory to the instrument or document

failure to pay just debts

failure to immediately account for

and return the money when due

Failure to pursue the client's cause

with diligence

SC determines moral turpitude;

Grounds for Nullification of
admission to membership in the Bar

Disbarred for mulitple illicit

relationships.
Suspended for falsification of
document

Suspended for Forum shopping;

Severe repirmand for use of a name

other than what he signed in the
Roll of Attorneys.
Lawyer's oath as a source of
obligation; Suspension with stern
warning for filing unsupported
motion for inhibition against a
Judge

Rule 3.02 - In the choice of a firm

name, no false, misleading or
assumed name shall be used. The
continued use of the name of a
deceased partner is permissible
provided that the firm indicates in
all its communications that said
partner is deceased.

Prohibition against private practice

of Judges

ART. VIII, SEC. 5(5) - The Supreme

Court shall have the power to
Promulgate rules concerning the xx
admission to the practice of law
Disbarred for misconduct as the
register of deeds

Suspended for disrepecful

statements made against SC

Appearance of aliens as counsels in

a Military Tribunal

Assistant City Attorney handling

case for relative with permission of
superior not prohibited private
practice.

Judge suspeneded for practice of

law

Attorney's fees

Practice of law, defined

No violation of freedom to associate
in the Integration of the Bar;
Membership fee is valid; Penalty for
non-payment is valid; Practice of
law is not property right but mere
privilege; Disbarrment case for non-
payment of membership dues

Rule 138, Sec. 28 - Suspension of

attorney by the Court of Appeals or
a Court of First Instance. — The
Court of Appeals or a Court of First
Instance may suspend an attorney
from practice for any of the causes
named in the last preceding
section, and after such suspension
such attorney shall not practice his
profession until further action of the
Supreme Court in the premises.

Severely censured

Senior law students as private

prosecutors

Illegal dismissal case against a

lawyer employee
Suspended for submitting a false
document

requirement of honesty and candor

grievances against a judge

Respect to the courts

statements to media

attorney-client relationship; if
incidental to a personal transaction,
no relationship exists
Reasonable compensation

Time-pressure

Rule on revealing a client's identity;

excecptions

Negligence

Due diligence

Speedy and efficient administration

of justice.

Conflict of interest

Tests to determine conflict of

interest

Retirement or Substitution of an
attorney

Money not returned on time

Applicability of the canons to

lawyers in governement service

Conflict of interest with judges

Exception to disciplinary actions
against a judge

Interference of a judge

Impropriety; Judges drinking with a

lawyer who has pending case in his
sala

Judge accepting bribe for a

favorable judgement

Taking and keeping personal items

Justiying a decision by relying on

the opinion of the DILG.

Obeidiance to a Resolution of the

Court

Impartiality of a judge

Impropriety; Judges extorting

money

Admonishment even after

settlement of dispute; Non-payment
of loan
Talking to prospective litigants;
Recommending lawyers

Duty of a Clerk of Court; Records

Judicial Robes
Judge with sexual harrasment is
dismissed from service

Judge living scandalously with a

woman who is not his wife;

Efficienty management of judicial

caseloads

Judges appearing as lawyers

Prohibition against appearing as

Judge when he has been counsel

Judge's exasperation bordering on

indignation ground for inhibition.

A motion for inhibiton may only be

done by the parties to the case.

Judge asking for food and money

contributions

Inhibition must be immediately

done if there is civil relation
between the Judge and the parties.

Irregularities in the reception of

evidence.
Failure to inihibit; Son-in-law as
counel in his sala

Disbrarred for asking and receiving

money and airplane ticket
Sexual as grave misconduct

use of letterhead

Solicitiating money

Dismissed for demanding bribes

vainglory
“because Atty. Raul Correa is a U.P.
Law Graduate and a Bar Topnotcher
at that.”

"Mayabang" na Judge

Delay in decsision

Compulsary Judicial Audit 6 months

before retirement
asions or situations, a notarial act may be performed at the request of the parties in the following sites located within his territorial jurisdiction:
thin his territorial jurisdiction:
 CODE OF PROFESSIONAL RESPONSIBILITY
(Promulgated June 21, 1988)

CHAPTER I. THE LAWYER AND SOCIETY

CANON 1 A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOT
Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
Rule 1.02 A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the
Rule 1.03 A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man'
Rule 1.04 A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement
A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIEN
CANON 2
INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.
Rule 2.01 A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed.
In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the
Rule 2.02
the latter's rights.
Rule 2.03 A lawyer shall not do or permit to be done any act designed primarily to solicit legal business.
Rule 2.04 A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warra
A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR,
CANON 3
STATEMENT OF FACTS.
A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, selfse
Rule 3.01
qualifications or legal services.

Rule 3.02 In the choice of a firm name, no false, misleading or assumed name shall be used. The continued use of t
firm indicates in all its communications that said partner is deceased.
Rule 3.03 Where a partner accepts public office, he shall withdrawal from the firm and his name shall be dropped fro
Rule 3.04 A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of, or
A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATIN
CANON 4
THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.
A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING L
CANON 5 ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF L
LAW AND JURISPRUDENCE.

CANON 6 THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE O

The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done
Rule 6.01
capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary ac
Rule 6.02 A lawyer in the government service shall not use his public position to promote or advance his private inte
Rule 6.03 A lawyer shall not, after leaving government service, accept engagement or employment in connection wit

CHAPTER II. THE LAWYER AND THE LEGAL PROFESSIO

A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFE
CANON 7
INTEGRATED BAR.
Rule 7.01 A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in con
A lawyer shall not support the application for admission to the bar of any person known by him to be unqu
Rule 7.02
attribute.
A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he whe
Rule 7.03
the discredit of the legal profession.
A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARDS H
CANON 8
HARASSING TACTICS AGAINST OPPOSING COUNSEL.
Rule 8.01 A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise impr
A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer, ho
Rule 8.02
proper advice and assistance to those seeking relief against unfaithful or neglectful counsel.
 CANON 9 A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTIC

Rule 9.01 A lawyer shall not delegate to any unqualified person the performance of any task which by law may only
Rule 9.02 A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice
(a) Where there is a preexisting agreement with a partner or associate that, upon the latter's death, money
to persons specified in the agreement; or
(b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or
(c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if the plan is base

CHAPTER III. THE LAWYER AND THE COURTS

CANON 10 A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.

Rule 10.01 A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead, or allo
A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argum
Rule 10.02
or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a f
Rule 10.03 A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice.

A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDI
CANON 11
CONDUCT BY OTHERS.

Rule 11.01 A lawyer shall appear in court properly attired.

Rule 11.02 A lawyer shall punctually appear at court hearings.
Rule 11.03 A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the Courts.
Rule 11.04 A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the c
Rule 11.05 A lawyer shall submit grievances against a Judge to the proper authorities only.

CANON 12 A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEE

A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of h
Rule 12.01
proferrence. He should also be ready with the original documents for comparison with the copies.
Rule 12.02 A lawyer shall not file multiple actions arising from the same cause.
A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period
Rule 12.03
his failure to do so.
Rule 12.04 A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court processes.
Rule 12.05 A lawyer shall refrain from talking to his witness during a break or recess in the trial, while the witness is s
Rule 12.06 A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another.
Rule 12.07 A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him.
Rule 12.08 A lawyer shall avoid testifying in behalf of his client, except:chanroblesvirtuallawlibrary
(a) on formal matters, such as the mailing, authentication or custody of an instrument, and the like; or
(b) on substantial matters, in cases where his testimony is essential to the ends of justice, in which event h
another counsel.

A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPR
CANON 13
APPEARANCE OF INFLUENCING THE COURT.

Rule 13.01 A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating fam
Rule 13.02 A lawyer shall not make public statements in the media regarding a pending case tending to arouse public
Rule 13.03 A lawyer shall not brook or invite interference by another branch or agency of the government in the norm

CHAPTER IV. THE LAWYER AND THE CLIENT

CANON 14 A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.

Rule 14.01 A lawyer shall not decline to represent a person solely on account of the latter's race, sex. creed or status
A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de officio or
Rule 14.02
Philippines or any of its chapters for rendition of free legal aid.
Rule 14.03 A lawyer may not refuse to accept representation of an indigent client if:chanroblesvirtuallawlibrary
(a) he is not in a position to carry out the work effectively or competently;
(b) he labors under a conflict of interest between him and the prospective client or between a present clien
Rule 14.04 A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same sta

CANON 15 A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TR

A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the matter
Rule 15.01.
and if so, shall forthwith inform the prospective client.
Rule 15.02. A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a
Rule 15.03. A lawyer shall not represent conflicting interests except by written consent of all concerned given after a f
Rule 15.04. A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settlin
A lawyer when advising his client, shall give a candid and honest opinion on the merits and probable resul
Rule 15.05.
prospects of the case.
Rule 15.06. A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body.
Rule 15.07. A lawyer shall impress upon his client compliance with the laws and the principles of fairness.

Rule 15.08. A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall m
another capacity.

CANON 16 A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY

Rule 16.01 A lawyer shall account for all money or property collected or received for or from the client.
Rule 16.02 A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by
A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall h
Rule 16.03 be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. H
executions he has secured for his client as provided for in the Rules of Court.
A lawyer shall not borrow money from his client unless the client's interest are fully protected by the natur
Rule 16.04
lend money to a client except, when in the interest of justice, he has to advance necessary expenses in a l

CANON 17 A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF TH
CANON 18 A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.

A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to ren
Rules 18.01
his client, he can obtain as collaborating counsel a lawyer who is competent on the matter.
Rule 18.02 A lawyer shall not handle any legal matter without adequate preparation.
Rule 18.03 A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith sha
Rule 18.04 A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable tim

CANON 19 A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW.

A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not
Rule 19.01
unfounded criminal charges to obtain an improper advantage in any case or proceeding.
A lawyer who has received information that his client has, in the course of the representation, perpetrated
Rule 19.02
client to rectify the same, and failing which he shall terminate the relationship with such client in accordanc
Rule 19.03 A lawyer shall not allow his client to dictate the procedure in handling the case.

CANON 20 A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.

Rule 20.01 A lawyer shall be guided by the following factors in determining his fees:chanroblesvirtuallawlibrary
(a) the time spent and the extent of the service rendered or required;
(b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter;
(d) The skill demanded;
 (e) The probability of losing other employment as a result of acceptance of the proffered case;
(f) The customary charges for similar services and the schedule of fees of the IBP chapter to which he belo
(g) The amount involved in the controversy and the benefits resulting to the client from the service;
(h) The contingency or certainty of compensation;
(i) The character of the employment, whether occasional or established; and
A lawyer shall, in case of referral, with the consent of the client, be entitled to a division of fees in proporti
(j) The professional standing of the lawyer.
A lawyer shall, in case of referral, with the consent of the client, be entitled to a division of fees in proporti
Rule 20.02 A lawyer shall, in case of referral, with the consent of the client, be entitled to a division of fees in proporti
A lawyer shall, in case of referral, with the consent of the client, be entitled to a division of fees in proporti
A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs, co
Rule 20.03
other compensation whatsoever related to his professional employment from anyone other than the client.
Rule 20.04 A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial actio

CANON 21 CLIENT RELATION IS TERMINATED.

Rule 21.01 A lawyer shall not reveal the confidences or secrets of his client except
(a) When authorized by the client after acquainting him of the consequences of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself, his employees or associates or by judicial actio
A lawyer shall not, to the disadvantage of his client, use information acquired in the course of employmen
Rule 21.02
that of a third person, unless the client with full knowledge of the circumstances consents thereto.
A lawyer shall not, without the written consent of his client, give information from his files to an ou
Rule 21.03
statistical, bookkeeping, accounting, data processing, or any similar purpose.
Rule 21.04 A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited
A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by h
Rule 21.05
the clients.
Rule 21.06 A lawyer shall avoid indiscreet conversation about a client's affairs even with members of his family.
Rule 21.07 A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible confl

CANON 22 A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APP

Rule 22.01 A lawyer may withdraw his services in any of the following case:chanroblesvirtuallawlibrary
(a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is han
(b) When the client insists that the lawyer pursue conduct violative of these canons and rules;
(c) When his inability to work with co-counsel will not promote the best interest of the client;
(d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the employm
(e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agr
(f) When the lawyer is elected or appointed to public office; and
(g) Other similar cases.
A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all papers
Rule 22.02
cooperative with his successor in the orderly transfer of the matter, including all information necessary for
 L RESPONSIBILITY
ne 21, 1988)

YER AND SOCIETY

HE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.

essening confidence in the legal system.

ceeding or delay any man's cause.
l admit of a fair settlement.
CIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE,

or the oppressed.
render legal advice to the person concerned if only to the extent necessary to safeguard

egal business.
the circumstances so warrant.
Y TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR

ceptive, undignified, selfself-laudatory or unfair statement or claim regarding his

ed. The continued use of the name of a deceased partner is permissible provided that the

name shall be dropped from the firm name unless the law allows him to practice law currently.
media in anticipation of, or in return for, publicity to attract legal business.
SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN

PATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO

ACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN DISSEMINATING THE

ES IN THE DISCHARGE OF THEIR TASKS.

t to see that justice is done. The suppression of facts or the concealment of witnesses
is cause for disciplinary action.
or advance his private interests, nor allow the latter to interfere with his public duties.
ployment in connection with any matter in which he had intervened while in said service.

D THE LEGAL PROFESSION

TY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE

ssing a material fact in connection with his application for admission to the bar.
n known by him to be unqualified in respect to character, education, or other relevant

actice law, nor shall he whether in public or private life, behave in a scandalous manner to

ND CANDOR TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID

offensive or otherwise improper.

ment of another lawyer, however, it is the right of any lawyer, without fear or favor, to give
ful counsel.
NAUTHORIZED PRACTICE OF LAW.

ask which by law may only be performed by a member of the bar in good standing.
ons not licensed to practice law, except:chanroblesvirtuallawlibrary
n the latter's death, money shall be paid over a reasonable period of time to his estate or

sed lawyer; or
lan even if the plan is based in whole or in part, on a profit sharing agreement.

ER AND THE COURTS

RT.

nor shall he mislead, or allow the Court to be misled by any artifice.

the language or the argument of opposing counsel, or the text of a decision or authority,
mendment, or assert as a fact that which has not been proved.
eat the ends of justice.

E COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR

avior before the Courts.

have no materiality to the case.

TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.

n the law and the facts of his case, the evidence he will adduce and the order of its
n with the copies.

nda or briefs, let the period lapse without submitting the same or offering an explanation for

misuse Court processes.

trial, while the witness is still under examination.
ersonate another.

ument, and the like; or

of justice, in which event he must, during his testimony, entrust the trial of the case to

IN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE

ortunity for cultivating familiarity with Judges.

se tending to arouse public opinion for or against a party.
he government in the normal course of judicial proceedings.

ER AND THE CLIENT

 race, sex. creed or status of life, or because of his own opinion regarding the guilt of said person.
ent as counsel de officio or as amicus curiae, or a request from the Integrated Bar of the

blesvirtuallawlibrary

or between a present client and the prospective client.

shall observe the same standard of conduct governing his relations with paying clients.

HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.

ticable whether the matter would involve a conflict with another client or his own interest,

atters disclosed to him by a prospective client.

l concerned given after a full disclosure of the facts.
iator or arbitrator in settling disputes.
merits and probable results of the client's case, neither overstating nor understating the

ribunal or legislative body.

es of fairness.
the practice of law shall make clear to his client whether he is acting as a lawyer or in

HIS CLIENT THAT MAY COME INTO HIS PROFESSION.

m the client.
nd those of others kept by him.
mand. However, he shall have a lien over the funds and may apply so much thereof as may
y thereafter to his client. He shall also have a lien to the same extent on all judgments and

ully protected by the nature of the case or by independent advice. Neither shall a lawyer
necessary expenses in a legal matter he is handling for the client.

ALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.

ENCE.

at he is not qualified to render. However, he may render such service if, with the consent of
the matter.

n connection therewith shall render him liable.

nd within a reasonable time to the client's request for information.

OUNDS OF THE LAW.

s of his client and shall not present, participate in presenting or threaten to present
ceeding.
epresentation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the
ith such client in accordance with the Rules of Court.

blesvirtuallawlibrary
proffered case;
BP chapter to which he belongs;
nt from the service;

division of fees in proportion to the work performed and responsibility assumed.

division of fees in proportion to the work performed and responsibility assumed.
division of fees in proportion to the work performed and responsibility assumed.
division of fees in proportion to the work performed and responsibility assumed.
any fee, reward, costs, commission, interest, rebate or forwarding allowance or
yone other than the client.
shall resort to judicial action only to prevent imposition, injustice or fraud.

the disclosure;

sociates or by judicial action.

n the course of employment, nor shall he use the same to his own advantage or
consents thereto.
on from his files to an outside agency seeking such information for auditing,

s thereof unless prohibited by the client.

e services are utilized by him, from disclosing or using confidences or secrets of

embers of his family.

cept to avoid possible conflict of interest.

AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES.

allawlibrary
n with the matter he is handling;
ons and rules;
of the client;
m to carry out the employment effectively;
omply with the retainer agreement;

diately turn over all papers and property to which the client is entitled, and shall
information necessary for the proper handling of the matter.