TERM PAPER IN LEGAL AND

JUDICIAL ETHICS

JUNE 14, 2021

Introduction
A lawyer must, at no time, lack probity and moral fiber, which are not only conditions
precedent to his entrance to the bar but are likewise essential demands for his continued
membership.
This term paper, consisting of 32 pages, attempts at discussing the details of the 2021 Bar
Examination Syllabus on Legal and Judicial Ethics, and integrating the latest and existing
jurisprudence for every topic, as well as the related topics that were used in the past Bar
examinations.
Thus the following overview / table of contents of this term paper:

Introduction ................................................................................................................................... 0
LEGAL ETHICS .......................................................................................................................... 2
A. PRACTICE OF LAW .............................................................................................................. 2
B. DUTIES AND RESPONSIBILITIES OF A LAWYER ............................................................. 7
C. SUSPENSION, DISBARMENT, AND DISCIPLINE OF LAWYERS .................................... 18
D. READMISSION TO THE BAR ............................................................................................. 20
E. MANDATORY CONTINUING LEGAL EDUCATION ......................................................... 21
F. NOTARIAL PRACTICE ........................................................................................................ 23
JUDICIAL ETHICS ................................................................................................................... 27
A. SOURCES ............................................................................................................................. 27
B. QUALITIES........................................................................................................................... 28
C. ADMINISTRATIVE JURISDICTION OVER JUDGES AND JUSTICES ............................. 29
D. DISQUALIFICATION OF JUDICIAL OFFICERS ............................................................. 30
E. DISCIPLINE OF MEMBERS OF THE JUDICIARY ........................................................... 31
PRACTICAL EXERCISES ....................................................................................................... 32

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LEGAL ETHICS

A. PRACTICE OF LAW

1. Concept

a. Privilege

It is a privilege given to lawyers who meet the high standards of legal proficiency
and morality, including honesty, integrity_ and fair dealing. They must perform their
fourfold duty to society, the legal profession, the courts and their clients, in accordance
with the values and norms of the legal profession as embodied in the Code of Professional
Responsibility. Falling short of this standard, the Court will not hesitate to discipline an
erring lawyer by imposing an appropriate penalty based on the exercise of sound judicial
discretion in consideration of the surrounding facts (Plumptre v. Rivera, A.C. No. 11350,
August 9, 2016).

b. Profession, not business

The practice of law is not a business. It is a profession in which duty to public

service, not money, is the primary consideration. Lawyering is not primarily meant to be a
money-making venture, and law advocacy is not a capital that necessarily yields profits.
The gaining of a livelihood should be a secondary consideration. The duty to public service
and to the administration of justice should be the primary consideration of lawyers, who
must subordinate their personal interests or what they owe to themselves (Brunet v. Guaren,
A.C. No. 10164 (Resolution), March 10, 2014).

2. Qualifications

Persons duly admitted as a member of the bar and who are in good and regular
standing are entitled to practice law (RULES OF COURT, RULE 138, Sec. 1).

3. Continuing requirements for membership in the bar

a. Good moral character

The good moral conduct or character must be possessed by lawyers at the time of
their application for admission to the Bar and must be maintained until retirement from the
practice of law. Accordingly, it is expected that every lawyer, being an officer of the Court,
must not only be in fact of good moral character, but must also be seen to be of good moral
character and leading lives in accordance with the highest moral standards of the
community (Tumbaga v. Atty. Teoxon, A.C. No. 5573, November 21, 2017).

b. Citizenship; reacquisition of the privilege to practice law in the Philippines

i. Resident of the Philippines

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 ii. At least 21 years of Age
iii. Citizen of the Philippines

4. Appearance of non-lawyers

a. Law student practice

The law student shall be under the direct supervision and control of a member of
the IBP duly accredited by the law school if he appears in the RTC, and without such
supervision if he appears in an inferior court as an agent or friend of a party (RULES OF
COURT, RULE 138-A, Sec 2).

b. Non-lawyers in courts

i. He must confine his work to non-adversary contentions. He should not

undertake purely legal work such as the examination or cross-examination of
witnesses, or the presentation of evidence;
ii. His services should not be habitually rendered; and
iii. He should not charge or collect attorney’s fee (PAFLU v. Binalbagan
Isabela Sugar Co., G.R. No. 23959, November 29, 1971).

c. Non-lawyers in administrative tribunals and labor tribunals

Non-Lawyers Civil Cases Criminal Cases

Appearance in
Minicipal Trial A party may conduct In grave or less grave
Courts/ his case or litigation in offenses, an accused who is a
Metropolitan Trial person with the aid of layman must always appear
Courts/ MCTCs an agent or friend by counsel he cannot conduct
appointed by him his own defense, as his right
(RULES OF COURT, to counsel is immutable.
RULE 138, Sec. 34). Otherwise, there would be a
Regional trial Courts In Any court other than grave denial of due process
the MTC, a arty in a (Hilario v. people, G.R. No.
civil suit may conduct 161070, April 14, 2008).
his litigation
personally. But if he 1. However, the accused
gets someone to aid may defend himself
him, that someone in person when it
must be a duly sufficiently appears
authorized member of to the court that he
the bar (RULES OF can properly protect
COURT, Rule 138, his rights without the
Sec. 34). assistance of counsel
(RULES OF

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 Unless, the party is a COURT, Rule 115,
juridical person, such Sec. 1c).
as a corporation, it 2. The gravity of the
must always appear in offense and the
court through a duly difficulty of the
licensed member of the questions that may
bar (AGPALO, supra arise should be
at 23). considered by the
court in determining
whether counsel de
officio should be
appointed or counsel
de parte should be
required (RULES OF
COURT, Rule 116,
Sec. 7).
But in criminal cases before
the MTC, in a locality where
a duly licensed member of
the Bar is NOT available, the
judge may appoint a non-
lawyer who is: (RPA)
1. A Resident of the
province; and
2. Of good repute for
Probity and Ability
(RULES OF
COURT, Rule 116
Sec. 7).

d. Proceedings where lawyers are prohibited from appearing

1. Proceedings before the Katarungang Pambarangay – during the pre-

trial conference under the rules of Court, lawyers are prohibited from
appearing for the parties, Parties must appear in person only except
minors or incompetents who may be assigned by their next of kin who
are not lawyers (LOCAL GOVERNMENT CODE, Sec. 415).
2. Under the “The Indigenous People Rights Act of 1997” – the general
rule is that, lawyers are prohibited to appear for any party as counsel.
The exception is when such lawyer is appearing in his/her capacity as a
member of council of elders or due to his/her obligation as member of
the Indigenous People’s community or for the purpose of defending or
prosecuting his/her case (Administrative Circular No. 1. S. 2003, Sec.
10, pursuant to R.A. 8371, Section 44 (o)); and

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 3. Under the Rule of Procedure for Small Claims Cases – no attorney shall
appear in behalf of or represent a party at the hearing, unless the attorney
is the plaintiff or defendant (A.M. No. 08-8-7-SC, Sec. 17).

5. Sanctions for practice or appearance without authority

a. Lawyers without authority

i. Suspension
ii. Petition for Injunction
iii. Contempt of Court
iv. Disqualification and complaints for disbarment
v. Administrative complaint against erring lawyer or government official
vi. Declaratory relief
vii. Criminal complaint for Estafa against a person who falsely represented
himself to be an attorney to the damage of a party

b. Persons not lawyers

i. Petition for Injunction
ii. Contempt of Court
iii. Criminal complaint for Estafa for falsely representing himself to be an
attorney

6. Public officials and practice of law

a. Prohibition or disqualification of former government attorneys

i. Adverse-interest conflict
A former government lawyer is enjoined from representing a client in
private practice if the matter is substantially related to a matter that the lawyer
dealt with while employed by the government and if the interests of the current
and former clients are adverse (PCGG v. Sandiganbayan, G.R. Nos. 151809-
12, April 12, 2005); and
ii. Congruent-interest conflict
The disqualification does not involve a conflict at all because if prohibits
the lawyer from representing a private practice client even if the interests of the
former government client and the new client are entirely parallel (PCGG v.
Sandiganbayan, G.R. Nos. 151809-12, April 12, 2005).

7. Lawyers authorized to represent the government

Any official or other person appointed or designated in accordance with law to

appear for the Government of the Philippines or any of its officials shall have all the rights
of a duly authorized member of the bar to appear in any case in which the government has
an interest, direct or indirect (RULES OF COURT, Rule 138, Sec. 33).

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8. Lawyer's oath

“I, __________ of ________ do solemnly swear that I will maintain allegiance to the
Republic of the Philippines, I will support the Constitution and obey the laws as well as
the legal orders of the duly constituted authorities therein; I will do no falsehood, nor
consent to the doing of any in court; I will not wittingly or willingly promote or sue any
groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man
for money or malice, and will conduct myself as a lawyer according to the best of my
knowledge and discretion, with all good fidelity as well to the courts as to my clients; and
I impose upon myself these voluntary obligations without any mental reservation or
purpose of evasion. So, help me God.”

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B. DUTIES AND RESPONSIBILITIES OF A LAWYER

Basically, all the duties and responsibilities of a lawyer are summarized in the lawyer’s
oath. The details are stated in the 22 Canons of the Code of Professional Responsibility, which are
outlined as follows in four (4) Chapters of the said Code:

1. Society
a. Respect for law and legal processes
b. Efficient and convenient legal services
c. True, honest, fair, dignified, and objective information on legal services
d. Participation in the improvements and reforms in the legal system
e. Participation in legal education program
f. Lawyers in government service discharging their tasks
2. The legal profession
a. Integrated Bar of the Philippines
b. Membership and dues
c. Upholding the dignity and integrity of the profession
d. Courtesy, fairness, and candor towards professional colleagues
e. No assistance in unauthorized practice of law
3. The courts
a. Candor, fairness, and good faith towards the courts
b. Respect for courts and judicial officers
c. Assistance in the speedy and efficient administration of justice
d. Reliance on merits of case, not on impropriety tending to influence the courts
4. The clients
a. Availability of service without discrimination
i. Services regardless of person's status
ii. Services as counsel de oficio
iii. Valid grounds for refusal
b. Candor, fairness, and loyalty to clients
i. Confidentiality rule
ii. Privileged communication
iii. Conflict of interest
iv. Candid and honest advice to clients
v. Compliance with laws
vi. Concurrent practice with another profession
c. Client's money and properties
i. Fiduciary relationship
ii. Co-mingling of funds
iii. Delivery of funds
iv. Borrowing or lending
d. Fidelity to client's cause
i. Use of fair and honest means
ii. Client's fraud
iii. Procedure in handling cases
e. Competence and diligence

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 i. Adequate protection
ii. Negligence
iii. Collaborating counsel
iv. Duty to apprise client
f. Representation with zeal within legal bounds
g. Attorney's fees
i. Acceptance fees
ii. Contingency fee arrangements
iii. Champertous contracts
iv. Attorney's liens
v. Fees and controversies with clients
vi. Concepts of attorney's fees
h. Preservation of client's confidences
i. Prohibited disclosures and use
ii. Disclosures, when allowed
i. Withdrawal of services
j. Duties of lawyers in case of death of parties represented

CHAPTER I. THE LAWYER AND SOCIETY

CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE

LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL
PROCESSES.

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at
lessening confidence in the legal system.

Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or
proceeding or delay any man's cause.

Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it
will admit of a fair settlement.

CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE

IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE
INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.

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

Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to
render legal advice to the person concerned if only to the extent necessary to safeguard the
latter's rights.

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Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit
legal business.

Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless
the circumstances so warrant.

CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL

USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR
STATEMENT OF FACTS.

Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or unfair statement or claim regarding his
qualifications or legal services.

Rule 3.02 - In the choice of a firm name, no false, misleading or assumed name shall be
used. The continued use of the name of a deceased partner is permissible provided that the
firm indicates in all its communications that said partner is deceased.

Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the firm and
his name shall be dropped from the firm name unless the law allows him to practice law
currently.

Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the mass
media in anticipation of, or in return for, publicity to attract legal business.

CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE

LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND
IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.

CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS,

PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT
EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE
PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN DISSEMINATING THE
LAW AND JURISPRUDENCE.

CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN

GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS.

Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to convict
but to see that justice is done. The suppression of facts or the concealment of witnesses
capable of establishing the innocence of the accused is highly reprehensible and is cause
for disciplinary action.

Rule 6.02 - A lawyer in the government service shall not use his public position to promote
or advance his private interests, nor allow the latter to interfere with his public duties.

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Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement or
employment in connection with any matter in which he had intervened while in said
service.

CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION

CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND

DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE
INTEGRATED BAR.

Rule 7.01 - A lawyer shall be answerable for knowingly making a false statement or
suppressing a material fact in connection with his application for admission to the bar.

Rule 7.02 - A lawyer shall not support the application for admission to the bar of any person
known by him to be unqualified in respect to character, education, or other relevant
attribute.

Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to
practice law, nor shall he whether in public or private life, behave in a scandalous manner
to the discredit of the legal profession.

CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY,

FAIRNESS AND CANDOR TOWARDS HIS PROFESSIONAL COLLEAGUES, AND
SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL.

Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive,
offensive or otherwise improper.

Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional
employment of another lawyer, however, it is the right of any lawyer, without fear or favor,
to give proper advice and assistance to those seeking relief against unfaithful or neglectful
counsel.

CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN

THE UNAUTHORIZED PRACTICE OF LAW.

Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of any
task which by law may only be performed by a member of the bar in good standing.

Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with
persons not licensed to practice law, except:

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 (a) Where there is a pre-existing agreement with a partner or associate that, upon
the latter's death, money shall be paid over a reasonable period of time to his estate or to
persons specified in the agreement; or

(b) Where a lawyer undertakes to complete unfinished legal business of a deceased

lawyer; or

(c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan
even if the plan is based in whole or in part, on a profit sharing agreement.

CHAPTER III. THE LAWYER AND THE COURTS

CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH

TO THE COURT.

Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court;
nor shall he mislead, or allow the Court to be misled by any artifice.

Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a
paper, the language or the argument of opposing counsel, or the text of a decision or
authority, or knowingly cite as law a provision already rendered inoperative by repeal or
amendment, or assert as a fact that which has not been proved.

Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to
defeat the ends of justice.

CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT

DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON
SIMILAR CONDUCT BY OTHERS.

Rule 11.01 - A lawyer shall appear in court properly attired.

Rule 11.02 - A lawyer shall punctually appear at court hearings.

Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or
behavior before the Courts.

Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record or
have no materiality to the case.

Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities
only.

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 CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER
IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION
OF JUSTICE.

Rule 12.01 - A lawyer shall not appear for trial unless he has adequately prepared himself
on the law and the facts of his case, the evidence he will adduce and the order of its
preference. He should also be ready with the original documents for comparison with the
copies.

Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.

Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file pleadings,
memoranda or briefs, let the period lapse without submitting the same or offering an
explanation for 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 still under examination.

Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to
impersonate another.

Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly
inconvenience him.

Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:

(a) on formal matters, such as the mailing, authentication or custody of an

instrument, and the like; or

(b) on substantial matters, in cases where his testimony is essential to the ends of
justice, in which event he must, during his testimony, entrust the trial of the case to another
counsel.

CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE

AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE OR
GIVES THE APPEARANCE OF INFLUENCING THE COURT.

Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek
opportunity for cultivating familiarity with Judges.

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

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Rule 13.03 - A lawyer shall not brook or invite interference by another branch or agency
of the government in the normal course of judicial proceedings.

CHAPTER IV. THE LAWYER AND THE CLIENT

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

Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latter's
race, sex. creed or status of life, or because of his own opinion regarding the guilt of said
person.

Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an
appointment as counsel de officio or as amicus curiae, or a request from the Integrated Bar
of the Philippines or any of its chapters for rendition of free legal aid.

Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client
unless:

(a) he is not in a position to carry out the work effectively or competently;

(b) he labors under a conflict of interest between him and the prospective client or
between a present client and the prospective client.

Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his professional
fees shall observe the same standard of conduct governing his relations with paying clients.

CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND

LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.

Rule 15.01. - A lawyer, in conferring with a prospective client, shall ascertain as soon as
practicable whether the matter would involve a conflict with another client or his own
interest, and if so, shall forthwith inform the prospective client.

Rule 15.02.- A lawyer shall be bound by the rule on privilege communication in respect of
matters disclosed to him by a prospective client.

Rule 15.03. - A lawyer shall not represent conflicting interests except by written consent
of all concerned given after a full disclosure of the facts.

Rule 15.04. - A lawyer may, with the written consent of all concerned, act as mediator,
conciliator or arbitrator in settling disputes.

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Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion on
the merits and probable results of the client's case, neither overstating nor understating the
prospects of the case.

Rule 15.06. - A lawyer shall not state or imply that he is able to influence any public
official, tribunal or legislative body.

Rule 15.07. - A lawyer shall impress upon his client compliance with the laws and the
principles of fairness.

Rule 15.08. - A lawyer who is engaged in another profession or occupation concurrently

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

CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND

PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS PROFESSION.

Rule 16.01 - A lawyer shall account for all money or property collected or received for or
from the client.

Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own
and those of others kept by him.

Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or upon
demand. However, he shall have a lien over the funds and may apply so much thereof as
may be necessary to satisfy his lawful fees and disbursements, giving notice promptly
thereafter to his client. He shall also have a lien to the same extent on all judgments and
executions he has secured for his client as provided for in the Rules of Court.

Rule 16.04 - A lawyer shall not borrow money from his client unless the client's interest
is fully protected by the nature of the case or by independent advice. Neither shall a lawyer
lend money to a client except, when in the interest of justice, he has to advance necessary
expenses in a legal matter he is handling for the client.

CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT

AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN
HIM.

CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE

AND DILIGENCE.

Rules 18.01 - A lawyer shall not undertake a legal service which he knows or should know
that he is not qualified to render. However, he may render such service if, with the consent
of his client, he can obtain as collaborating counsel a lawyer who is competent on the
matter.

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Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation.

Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence
in connection therewith shall render him liable.

Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall
respond within a reasonable time to the client's request for information.

CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL

WITHIN THE BOUNDS OF THE LAW.

Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful
objectives of his client and shall not present, participate in presenting or threaten to present
unfounded criminal charges to obtain an improper advantage in any case or proceeding.

Rule 19.02 - A lawyer who has received information that his client has, in the course of the
representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the
client to rectify the same, and failing which he shall terminate the relationship with such
client in accordance with the Rules of Court.

Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the
case.

CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE

FEES.

Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees:

(a) the time spent, and the extent of the service rendered or required;

(b) the novelty and difficulty of the questions involved;

(c) The importance of the subject matter;

(d) The skill demanded;

(e) The probability of losing other employment as a result of acceptance of the

proffered case;

(f) The customary charges for similar services and the schedule of fees of the IBP
chapter to which he belongs;

(g) The amount involved in the controversy and the benefits resulting to the client
from the service;

(h) The contingency or certainty of compensation;

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 (i) The character of the employment, whether occasional or established; and

(j) The professional standing of the lawyer.

Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be entitled
to a division of fees in proportion to the work performed and responsibility assumed.

Rule 20.03 - A lawyer shall not, without the full knowledge and consent of the client, accept
any fee, reward, costs, commission, interest, rebate or forwarding allowance or other
compensation whatsoever related to his professional employment from anyone other than
the client.

Rule 20.04 - A lawyer shall avoid controversies with clients concerning his compensation
and shall resort to judicial action only to prevent imposition, injustice or fraud.

CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS

OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED.

Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client except;

(a) When authorized by the client after acquainting him of the consequences of the
disclosure;

(b) When required by law;

(c) When necessary to collect his fees or to defend himself, his employees or
associates or by judicial action.

Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information acquired
in the course of employment, nor shall he use the same to his own advantage or that of a
third person, unless the client with full knowledge of the circumstances consents thereto.

Rule 21.03 - A lawyer shall not, without the written consent of his client, give information
from his files to an outside agency seeking such information for auditing, statistical,
bookkeeping, accounting, data processing, or any similar purpose.

Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or
associates thereof unless prohibited by the client.

Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent those whose
services are utilized by him, from disclosing or using confidences or secrets of the clients.

Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even with
members of his family.

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Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular case
except to avoid possible conflict of interest.

CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR

GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES.

Rule 22.01 - A lawyer may withdraw his services in any of the following case:

(a) When the client pursues an illegal or immoral course of conduct in connection
with the matter he is handling;

(b) When the client insists that the lawyer pursue conduct violative of these canons
and rules;

(c) When his inability to work with co-counsel will not promote the best interest of
the client;

(d) When the mental or physical condition of the lawyer renders it difficult for him
to carry out the employment effectively;

(e) When the client deliberately fails to pay the fees for the services or fails to
comply with the retainer agreement;

(f) When the lawyer is elected or appointed to public office; and

(g) Other similar cases.

Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien,
immediately turn over all papers and property to which the client is entitled, and shall
cooperative with his successor in the orderly transfer of the matter, including all
information necessary for the proper handling of the matter.

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C. SUSPENSION, DISBARMENT, AND DISCIPLINE OF LAWYERS

1. Nature and characteristics of disciplinary actions against lawyers

a. Sui generis

Disciplinary proceedings against lawyers are sui generis. Neither purely

civil nor purely criminal, they do not involve a trial of an action or a suit. But is
rather an investigation by the Court into the conduct of one of its officers. Not
being intended to inflict punishment, it is no sense a criminal prosecution (Re:
Letter of the UP-Law Faculty to the SC on the allegations of Plagiarism &
Misrepresentation in the SC, AM No. 10-10-4-SC; October 19, 2010).

b. Prescription of actions

The defense of prescription does not lie in administrative proceedings

against lawyers, for an administrative complaint against a member of the bar
does not prescribe. If the rule were otherwise, members of the bar would be
emboldened to disregard the very oath they took as lawyers, prescinding from
the fact that as long as no private complainant would immediately come
forward, they stand a chance of being completely exonerated from whatever
administrative liability they ought to answer for. It is the duty of this Court to
protect the integrity of the practice of law as well as the administration of
justice (Frias v. Bautista-Lozada, A.C. No. 6656, May 4, 2006).

2. Grounds
i. Those that were listed in Rule 138, Sec 27 of the Rules of Court
ii. Other Statutory Grounds in Revised Penal Code, Art. 209 and Civil Code, Art.
1491.
iii. Lawyer’s Misconduct in His Private Capacity
iv. Misconduct Before or Incident to Admission
v. Misconduct committed outside Philippines jurisdiction

3. How instituted
i. By the SC motu proprio; or
ii. By the IBP upon the verified complaint of any person (RULES OF COURT,
Rule 139-B, Sec. 1)

4. Proceedings
Regulated by Rule 139-B of The Rules of Court as Amended by B.M. 1645

5. Discipline of Filipino lawyers who practice in foreign jurisdictions

Section 27 of Rule 138 of our Rules of Court states:

xxx
The disbarment or suspension of a member of the Philippine Bar by a competent court or
other disciplinary agency in a foreign jurisdiction where he has also been admitted as an attorney

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is a ground for his disbarment or suspension if the basis of such action includes any of the acts
hereinabove enumerated.

The judgment, resolution or order of the foreign court or disciplinary agency shall be prima
facie evidence of the ground for disbarment or suspension.

6. Sanctions
The sanctions are suspension, fine or disbarment depending the gravity of the offense of
the member of the Bar.

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D. READMISSION TO THE BAR
1. Lawyers who have been suspended
2. Lawyers who have been disbarred
3. Lawyers who have been repatriated

*For suspension, disbarment or other disciplinary actions, the following guidelines shall be
observed by the IBP:

1. The IBP must first afford a chance to either party to file a motion for reconsideration of the IBP
resolution containing its findings and recommendations within fifteen (15) days from notice of
receipt by the parties thereon;

2. If a motion for reconsideration has been timely filed by an aggrieved party, the IBP must first
resolve the same prior to elevating to this Court the subject resolution together with the whole
record of the case;

3. If no motion for reconsideration has been filed within the period provided for, the IBP is directed
to forthwith transmit to this Court, for final action, the subject resolution together with the whole
record of the case;

4. A party desiring to appeal from the resolution of the IBP may file a petition for review before
this Court within fifteen (15) days from notice of said resolution sought to be reviewed; and

5. For records of cases already transmitted to this Court where there exist pending motions for
reconsideration filed in due time before the IBP, the latter is directed to withdraw from this Court
the subject resolutions together with the whole records of the cases, within 30 days from notice,
and, thereafter, to act on said motions with reasonable dispatch.

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E. MANDATORY CONTINUING LEGAL EDUCATION
1. Purpose
It is a continuing requirement for the practice of law, under the law on ethics.

2. Requirements
Under B.M. No. 850, members of the IBP not exempt under Rule 7 shall complete, every
three (3) years, at least thirty-six (36) hours of continuing legal education activities approved by
the MCLE Committee.

3. Compliance
Under B.M. No. 850, the initial compliance period shall begin not later than three (3)
months from the constitution of the MCLE Committee. Except for the initial compliance period
for members admitted or readmitted after the establishment of the program, all compliance periods
shall be for thirty-six (36) months and shall begin the day after the end of the previous compliance
period.

4. Exemptions
Under B.M. No. 850, The following members of the Bar are exempt from the MCLE
requirement:

(a) The President and the Vice President of the Philippines, and the Secretaries and
Undersecretaries of Executives Departments;

(b) Senators and Members of the House of Representatives;

(c) The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired
members of the judiciary, incumbent members of the Judicial and Bar Council and
incumbent court lawyers covered by the Philippine Judicial Academy program of
continuing judicial education;

(d) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the
Department of Justice;

(e) The Solicitor General and the Assistant Solicitor General;

(f) The Government Corporate Counsel, Deputy and Assistant Government Corporate
Counsel;

(g) The Chairmen and Members of the Constitutional Commissions;

(h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen and the
Special Prosecutor of the Office of the Ombudsman;

(i) Heads of government agencies exercising quasi-judicial functions;

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(j) Incumbent deans, bar reviews and professors of law who have teaching experience for
at least 10 years accredited law schools;

(k) The Chancellor, Vice-Chancellor and members of the Corps of Professors and
Professorial Lectures of the Philippine Judicial Academy; and

(l) Governors and Mayors.

The following Members of the Bar are likewise exempt:

(a) Those who are not in law practice, private or public.

(b) Those who have retired from law practice with the approval of the IBP Board of
Governors.

5. Sanctions
Under B.M. No. 850, the sanctions are discussed below:

1) Non-compliance fee

A member who, for whatever reason, is in non-compliance at the end of the compliance
period shall pay a non-compliance fee.

2) Listing as delinquent member

Any member who fails to satisfactorily comply with Section 2 of Rule 12 shall be listed
as a delinquent member by the IBP Board of Governors upon the recommendation of the
MCLE Committee, in which case, Rule 139-A of the Rules of Court shall apply.

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F. NOTARIAL PRACTICE

1. Qualifications of notary public

To be eligible for commissioning as notary public, the petitioner must possess the
following:
i. Must be a Citizen of the Philippines;
ii. Must be over 21 years of Age;
iii. Must be a Resident in the Philippines for at least 1 year and maintains a
regular place of work or business in the city or province where the
commission is to be issued;
iv. Must be a member of the Philippine Bar in Good standing with clearances
from the Office of the Bar Confidant of the SC and the IBP; and
v. Must not have been Convicted in the first instance of any crime involving
moral turpitude (A.M. No. 02-08-13-SC, RULE III, Dec. 1).

2. Term of office of notary public

Two (2) years, commencing the first day of January of the year in which the
commissioning is made (A.M. No. 02-8-13-SC, RULE III, Sec. 11).

3. Powers and limitations

Powers of Notary Public

1. Perform the following Notarial acts:
(i) acknowledgments;
(ii) oaths and affirmations;
(iii) jurats;
(iv) signature witnessing;
(v) copy certifications; and
(vi) any other act autl1orized by these Rules (A.M. No. 02-8-13-SC, RULE
IV, Sec.1).

2. A notary public is authorized to certify the affixing of a signature by thumb or

other mark on an instrument or document presented for notarization (A.M. No. 02-
8-13-SC, Rule IV, Sec. 1 (b)).
(i) the thumb or other mark is affixed in the presence of the notary public
and of t\-110 (2) disinterested and unaffected witnesses to the instrument or
document;
(ii) both witnesses sign their own names in addition to the thumb or other
mark;
(iii) the notary public writes below the thumb or other mark: "Thumb or
Other Mark affixed by (name of signatory by mark) in the presence of
(names and addresses of witnesses) and undersigned notary public; and
(iv) the notary public notarizes the signature by thumb or other mark
through an acknowledgment, jurat, or signature witnessing

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 3. A notary public is authorized to sign-on behalf of a person who is physically
unable to sign or make a mark on an instrument or document (A.M. No. 02-8-13-
SC, Rule IV, Sec. 1(C)).
(i) the notary public is directed by the person unabie to sign or make a mark
to sign on his behalf;
(ii) the signature of the notary public is affixed in the presence of two
disinterested and unaffected witnesses to the instrument or document;
(iii) both witnesses sign their own names;
(iv) the notary public writes below his signature: "Signature affixed by
notary in presence of (names and addresses of person and two [2]
witnesses)"; and
(v) the notary public notarizes his signature by acknowledgment or jurat
(A.M. No. 02-8-13-SC, Rule IV, Sec. 1 par. C).

Limitations
1. A notary public shall not perform a notarial act outside his regular place of
work or business; provided, however, that on certain exceptional occasions or
situations, a notarial act may be performed at the request of the parties in the
following sites located within his territorial jurisdiction
(i) public offices, convention halls, and similar places where oaths of office
may be administered;
(ii) public function areas in hotels and similar places for the signing of
instruments or documents requiring notarization;
(iii) hospitals and other medical institutions where a party to an instrument
or document is confined for treatment; and
(iv) any place where a party to an instrument or document requiring
notarization is under detention (A.M. No. 02-8-13-SC, Rule IV, Sec. 2 (a)).

2. A person shall not perform a notarial act if the person involved as signatory to
the instrument or document
(i) is not in the notary's presence personally at the time of the notarization;
and
(ii) 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 (A.M. No. 02-8-13-SC, Rule IV, Sec. 2 (b)).

4. Notarial register
A notary public shall keep, maintain, protect and provide for lawful inspect! Jn as provided
in these Rules, a chronological official notarial re:gister of notarial acts consisting of a
permanently bound book with numbered pages. The register shall be kept in books to be furnished
by the Solicitor General to any not9ry public upon :request and upon payment of the cost thereof.
The register shall be duly paged, and on the first page, the Solicitor General shall certify the
number of pages of which the book consists.

5. Jurisdiction of notary public and place of notarization

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 A person commissioned as notary public may perform notarial acts in any place within the
territorial jurisdiction of the commissioning court for a period of two (2) years commencing the
first day of January of the year in which the commissioning is made, unless earlier revoked or the
notary public has resigned under these Rules and the Rules of Court.

6. Revocation of commission
(a) The Executive Judge shall revoke a notarial commission for any ground on which an
application for a commission may be denied.

(b) In addition, the Executive Judge may revoke the commission of, or impose appropriate
administrative sanctions upon, any notary public who:

(1) fails to keep a notarial register;

(2) fails to make the proper entry or entries in his notarial register concerning his notarial acts;

(3) fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the
month following;

(4) fails to affix to acknowledgments the date of expiration of his commission;

(5) fails to submit his notarial register, when filled, to the Executive Judge;

(6) fails to make his report, within a reasonable time, to the Executive Judge concerning the
performance of his duties, as may be required by the judge;

(7) fails to require the presence of a principal at the time of the notarial act;

(8) fails to identify a principal on the basis of personal knowledge or competent evidence;

(9) executes a false or incomplete certificate under Section 5, Rule IV;

(10) knowingly performs or fails to perform any other act prohibited or mandated by these Rules;
and

(11) commits any other dereliction or act which in the judgment of the Executive Judge constitutes
good cause for revocation of commission or imposition of administrative sanction.

(c) Upon verified complaint by an interested, affected or aggrieved person, the notary public shall
be required to file a verified answer to the complaint.

If the answer of the notary public is not satisfactory, the Executive Judge shall conduct a summary
hearing. If the allegations of the complaint are not proven, the complaint shall be dismissed. If the
charges are duly established, the Executive Judge shall impose the appropriate administrative
sanctions. In either case, the aggrieved party may appeal the decision to the Supreme Court for

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review. Pending the appeal, an order imposing disciplinary sanctions shall be immediately
executory, unless otherwise ordered by the Supreme Court.

(d) The Executive Judge may motu proprio initiate administrative proceedings against a notary
public, subject to the procedures prescribed in paragraph (c) above and impose the appropriate
administrative sanctions on the grounds mentioned in the preceding paragraphs (a) and (b).

7. Competent evidence of identity

The phrase “competent evidence of identity” refers to the identification of an individual

based on:

(a) at least one current identification document issued by an official agency bearing the
photograph and signature of the individual; or

(b) the oath or affirmation of one credible witness not privy to the instrument, document
or transaction who is personally known to the notary public and who personally knows the
individual, or of two credible witnesses neither of whom is privy to the instrument,
document or transaction who each personally knows the individual and shows to the notary
public documentary identification.

8. Sanctions
The Executive Judge may motu proprio impose the appropriate administrative sanctions on the
grounds mentioned in the Notarial Law.

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JUDICIAL ETHICS

A. SOURCES
1. New Code of Judicial Conduct for the Philippine Judiciary

The New Code consists of the following six (6) Canons:

1. Independence
2. Integrity
3. Impartiality
4. Propriety
5. Equality
6. Competence and diligence

2. Code of Judicial Conduct

The above-said New Code superseded the Code of Judicial Conduct, including the Canons
of Judicial Ethics. The latter however applies suppletorily if there is deficiency or absence of
specific provisions in the New Code.

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B. QUALITIES
1. Independence
Judicial independence is a pre-requisite to the rule of law and a fundamental guarantee of
a fair trial. A judge shall therefore uphold and exemplify judicial independence in both its
individual and institutional aspects.

2. Integrity
Integrity is essential not only to the proper discharge of the judicial office but also to the
personal demeanor of judges.

3. Impartiality
Impartiality is essential to the proper discharge of the judicial office. It applies not only to
the decision itself but also to the process by which the decision to made.

4. Propriety
Propriety and the appearance of propriety are essential to the performance of all the
activities of a judge.

5. Equality
Ensuring equality of treatment to all before the courts is essential to the due performance
of the judicial office.

6. Competence and diligence

Competence and diligence are prerequisites to the due performance of judicial office.

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C. ADMINISTRATIVE JURISDICTION OVER JUDGES AND JUSTICES

SC Circular No. 3-89 February 6, 1989 states that complaints against the following
judges/justices are assigned to respective authorities:
1. MTC, MeTC Judges – to an RTC Executive Judge
2. RTC Judges – to a CA Justice
3. CA Justices - to an SC member;
For investigation, report and recommendation.

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D. DISQUALIFICATION OF JUDICIAL OFFICERS
1. Compulsory or Mandatory

Rule 137 of the Rules of Court provides that—

No judge or judicial officer shall sit:
1. in any case in which he, or his wife or child, is pecuniarily interested as heir, legatee,
creditor or otherwise, or
2. in which he is related to either party within the sixth degree of consanguinity or affinity,
or to counsel within the fourth degree, computed according to the rules of the civil law,
or
3. in which he has been executor, administrator, guardian, trustee or counsel, or
4. in which he has been presided in any inferior court when his ruling or decision is the
subject of review, without the written consent of all parties in interest, signed by them
and entered upon the record.

2. Voluntary
Under the same Rule 137, a judge may, in the exercise of his sound discretion, disqualify
himself from sitting in a case, for just or valid reasons other than those mentioned above.

If it be claimed that an official is disqualified from sitting as above provided, the party
objecting to his competency may, in writing, file with the official his objection, stating the grounds
therefor, and the official shall thereupon proceed with the trial, or withdraw therefrom, in
accordance with his determination of the question of his disqualification. His decision shall be
forthwith made in writing and filed with the other papers in the case, but no appeal or stay shall be
allowed from, or by reason of, his decision in favor of his own competency, until after final
judgment in the case.

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E. DISCIPLINE OF MEMBERS OF THE JUDICIARY

1. Members of the Supreme Court

Article 11, Section 2 of the Constitution provides that—

“The Members of the Supreme Court xxx may be removed from office on impeachment
for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption,
other high crimes, or betrayal of public trust. All other public officers and employees may be
removed from office as provided by law, but not by impeachment.”

The language of Section 2, Article XI of the Constitution does not bar a quo warranto
action against impeachable officers (Republic v. Sereno, G.R. No. 237428, May 11, 2018)

2. Lower court judges and justices

Under Article VIII of the Constitution, the Supreme Court en banc shall have the power to
discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members
who actually took part in the deliberations on the issues in the case and voted thereon.

3. Grounds

The grounds are, under Article 11 of the Constitution:

1) culpable violation of the Constitution,
2) treason,
3) bribery,
4) graft and corruption,
5) other high crimes, or
6) betrayal of public trust.

4. Impeachment
Under Article 11 of the Constitution, the House of Representatives shall have the exclusive
power to initiate all cases of impeachment;

The Senate shall have the sole power to try and decide all cases of impeachment;

Judgment in cases of impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines, but the party convicted
shall nevertheless be liable and subject to prosecution, trial, and punishment, according to law.

5. Sanctions imposed by the Supreme Court on erring members of the judiciary

The Supreme Court has the discretion to impose sanction on erring judiciary members,
under case law.

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PRACTICAL EXERCISES

In all legal documents, like those outlined below, the cardinal rules in drafting such
documents are:

1) Begin the document with its proper designation.

2) State the personal circumstances of the parties.
3) State the principal or operational clauses in separate or numbered paragraphs, for ready
reference.
4) Be precise and concise in writing the documents.
5) Define technical terms, i.e. those terms with special meanings.
6) Avoid pronouns, referring to parties by their given capacities in the documents.
7) Observe neatness, free from erasures, interlineations, or suspicions of alteration.
8) The following may be inserted at the end of an agreement:
“This contract shall extend and shall be binding upon the parties thereto, their executors,
administrators, and assigns.”
9) Indicate the date and place of execution.

A. Demand and authorization letters

B. Contract of sale
C. Contract of lease
D. Special power of attorney
E. Verification and certificate of non-forum shopping
F. Notice of hearing and explanation in motions
G. Judicial affidavit
H. Notarial certificates: jurat and acknowledgement
I. Motions for extension of time, to dismiss, and to declare in default
J. Quitclaims in labor cases
K. Promissory note
L. Information in criminal cases
M. Retainer agreement

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