2009 Legal Ethics Reviewer

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REVIEWER IN LEGAL ETHICS Table of Contents

Page 1 of 89

CHAPTER I. LEGAL PROFESSIONI. Supervision and ControlII. Practice of LawIII. Admission to Practice

Requirements for Admission to Practice1. Citizenship2. Residence3. Age4. Good Moral Character and no

charges against involving moralturpitude

5. Legal Education6. Bar Examinations7. Lawyer’s Oath

IV. Qualifications for PracticeV. Prohibition from PracticeVI. Notarial Practice

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CHAPTER II. CODE OF PROFESSIONALRESPONSIBILITYI. Legal Ethics

Duties of a LawyerII. Lawyer’s Duties to Society

A. Canon 1: Promote and Respect theLaw and Legal Process

B. Canon 2: Provide Efficient andConvenient Legal Services

C. Cannon 3: Information on LegalServices that is true, Honest, Fairand Dignified

D. Canon 4: Support for Legal Reformsand Administration of Justice

E. Canon 5: Participate in LegalEducation

F. Canon 6: Government lawyersIII. Lawyer’s Duties to the Legal

ProfessionA. Canon 7: Uphold Dignity and

Integrity in the ProfessionB. Canon 8: Courtesy, Fairness,

Candor Towards ProfessionalColleagues

C. Canon 9: Unauthorized Practice ofLaw

IV. Lawyer’s Duties to the CourtsA. Canon 10: Observe Candor,

Fairness and Good FaithB. Canon 11: Respect Courts and

Judicial OfficersC. Canon 12: Assist in Speedy and

Efficient Administration of JusticeD. Canon 13: Refrain from Act Giving

Appearance of InfluenceV. Lawyer’s Duties to the Client

A. Canon 14: Service to the NeedyB. Canon 15: Observe Candor,

Fairness, LoyaltyC. Canon 16: Hold in Trust Client’s

Moneys and PropertiesD. Canon 17: Trust and ConfidenceE. Canon 18: Competence and

DiligenceF. Canon 19: Representation with ZealG. Canon 20: Attorney’s FeesH. Canon 21: Preserve Client’s

Confidence

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I. Canon 22: Withdrawal of Servicesfor Good Cause Valid ground forrefusal 39

CHAPTER III. DISCIPLINE OF LAWYERSI. Liabilities of LawyersII. Power to Discipline Errant Lawyers

A. Forms of Disciplinary MeasuresB. Suspension and DisbarmentC. Procedure for

Suspension/Disbarment ofAttorneys by the IBP

D. Procedure forSuspension/Disbarment ofAttorneys by the Supreme CourtMotu Proprio

E. Imposition of Penalties in theSupreme Court

III. Modifying CircumstancesA. Mitigating CircumstancesB. Aggravating CircumstancesC. Effect of Executive Pardon

IV. Reinstatement

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CHAPTER IV. CODE OF JUDICIALCONDUCTI. Canon 1: IndependenceII. Canon 2: IntegrityIII. Canon 3: ImpartialityIV. Canon 4: ProprietyV. Canon 5: EqualityVI. Canon 6: Competence and Diligence

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CHAPTER V. DISCIPLINE OF JUDGESI. Liabilities of JudgesII. Discipline of Members of the Bench

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CHAPTER VI. FREQUENTLY ASKEDLEGAL FORMSI. Parts Common to Forms

A. ScilicetB. Captions and TitlesC. Acknowledgement and Jurat

II. General FormsA. DeedB. ContractC. Judicial formD. Criminal informationE. Affidavit

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GLOSSARY OF UNCOMMON TERMS 61

ANNEXESSpecial Rules for the Practice of LawA. 2004 Rules on Notarial PracticeB. BM 850 MCLEC. BM 2012 Mandatory Legal ServiceIndigent clientsD. RA 6033E. RA 6034F. RA 6035G. PD 543Special law on retired justice and judgesH. RA 910I. PD 1438Law on obstruction of justiceJ. PD 1829

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REVIEWER IN LEGAL ETHICS Chapter I. Legal Profession

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LEGAL ETHICS

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LOGO, COVER AND TEMPLATE DESIGN

Legal EthicsChapter I. Legal Profession

I. SUPERVISION AND CONTROLII. PRACTICE OF LAWIII. ADMISSION TO PRACTICE

REQUIREMENTS FOR ADMISSION TOPRACTICE1. CITIZENSHIP2. RESIDENCE3. AGE4. GOOD MORAL CHARACTER AND NO

CHARGES AGAINST INVOLVINGMORAL TURPITUDE

5. LEGAL EDUCATION6. BAR EXAMINATIONS7. LAWYER’S OATH

IV. QUALIFICATIONS FOR PRACTICEV. PROHIBITION FROM PRACTICEVI. NOTARIAL PRACTICE

LEGAL PROFESSION

Definition: A group of men and womenpursuing a learned art as a common callingin the spirit of public service. Organization Learned art Public service

I. Supervision and Control

Regulated by the Supreme Court (SC),not by the Professional RegulatoryCommission unlike all otherprofessions.

Statutory Basis1987 Constitution Art. VIII, Sec. 5, Sub-sec. 5.The SC has the power to promulgate rulesconcerning pleading, practice, and procedure inall courts, and the admission to the practice oflaw.

SC has the inherent power to integrate thebar in the exercise of the power topromulgate rules of the judiciary, includingadmission to the practice of law, and to theIntegrated Bar. (In the matter of theIntegration of the Integrated Bar of thePhilippines, January 9, 1973)

BARRefers to the whole body of attorneys andcounselors, collectively, the members of the legalprofession

BENCHDenotes the whole body of judges

II. Practice of Law

Definition: any activity, in or out of court,which requires the application of law, legalprocedure, knowledge, training andexperience. It is to give notice or render anykind of service, which device or servicerequires the use in any degree of legalknowledge or skill. (Cayetano v. Monsod,GR. 100113, September 3, 1991) Activity in or out of court Application of legal knowledge or skill

Padilla (dissent in Cayetano v. Monsod):There are four factors which determine thepractice of law. (HACA)

1) Habituality – customarily or frequentlyholding one’s self out to the public as alawyer

2) Application of law, legal principles,practice, or procedure – calls for legalknowledge, training and experience

3) Compensation – his professionalservices are available to the public forcompensation, as a service of his


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livelihood or in consideration of his saidservices

4) Attorney-client relationship – hence forPadilla, teaching law or writing lawbooks are not considered as “practice oflaw”.

Giving advice for compensation regardingthe legal status and rights of another andfor one’s conduct with respect theretoconstitutes practice of law. (Ulep v. LegalClinic, Bar Matter No. 553, June 17, 1993)

III.Admission to Practice

The constitutional power to admitcandidates to the legal profession is ajudicial function and involves exercise ofdiscretion (In re: Almacen, 31 SCRA 562,1970)

The power of the Supreme Court to regulatethe practice of law includes:1) authority to define the term [“practice”]2) prescribe the qualifications of a

candidate to and the subjects of the barexaminations

3) decide who will be admitted to practice4) discipline, suspend or disbar any unfit

and unworthy member of the bar5) reinstate any disbarred or indefinitely

suspended attorney6) ordain the integration of the Philippine

Bar7) punish for contempt any person for

unauthorized practice of law and8) in general, exercise overall supervision

of the legal profession

Congress has no power to regulate thebar (admission to practice). However, inthe exercise of police power it may enactlaws regulating the practice of law toprotect the public.

The Bar Flunkers Act of 1953 (RA 972) wasdeclared partially unconstitutional becauseencroached upon the powers granted by theConstitution to the SC in determining theadmission of bar examinees to the bar byusurping such power through a legislativeact.

The [Act] is not a legislation; it is ajudgment…the law passed by Congress onthe matter is of permissive character,merely to fix the minimum conditions for

the license. (In re Cunanan, 94 Phil 534(1954))

Shari’a lawyers are not considered“attorneys”.

The SC has declared that persons whopass the Shari’a Bar are not full-fledgedmembers of the Philippines Bar hencemay practice only before Shari’a courts.While one who has been admitted to theShari’a Bar, and one who has beenadmitted to the Philippine Bar, may both beconsidered as “counselors”, in the sensethat they give counsel or advice in aprofessional capacity, only the latter is an“attorney”. (Alawi v. Alauya, A.M. SDC-97-2-P. February 24, 1997)

ATTORNEYOfficers of the courts, empowered to appear,prosecute and defend, and upon whom peculiarduties, responsibilities and liabilities aredeveloped by law as a consequence. (Cui v. Cui,120 Phil. 729)

BARRISTERIn England, a person entitled to practice law asan advocate or counsel in superior court.

SOLICITORIn England, a person prosecuting or defendingsuits in Courts of Chancery. In the Philippines, agovernment lawyer attached with the Office ofthe Solicitor General.

NOTARY PUBLICA public officer authorized by law to certifydocuments, take affidavits, and administeroaths. Under the 2004 Rules on NotarialPractice, all notaries must be lawyers.

Requirements for Admission toPractice (CRABGO)

CitizenshipResidenceAge (above 21 yrs)Good Moral Character and no charges

against involving moral turputideLegal Education (pre-law, law proper)Bar ExaminationsLawyer’s Oath

1. Citizenship

Statutory Basis1987 Constitution, Art. XII, Sec. 14. The practiceof all professions in the Philippines shall belimited to Filipino citizens, save in casesprescribed by law.


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Rules of Court, Rule 138, Sec. 2. Every applicantfor admission as a member of the bar must be acitizen of the Philippines…

RationaleCitizenship ensures allegiance to therepublic and its laws.

A Filipino citizen admitted to the PhilippineBar must maintain such citizenship toremain qualified for the practice of law inthis country. (In Re Arthur Castillo Reyes(1993))

2. Residence

Statutory BasisRules of Court, Rule 138, Sec. 2. Every applicantfor admission as a member of the bar must be…be a resident of the Philippines…

3. Age

Statutory BasisRules of Court, Rule 138, Sec. 2. Every applicantfor admission as a member of the bar must be …at least twenty-one years of age…

4. Good Moral Character

Statutory BasisRules of Court, Rule 138, Sec. 2. Every applicantfor admission as a member of the bar must be …of good moral character… and must producebefore the Supreme Court satisfactory evidenceof good moral character, and that no chargesagainst him, involving moral turpitude, havebeen filed or are pending in any court in thePhilippines.

Good moral character is a continuingqualification required of every member ofthe Bar, it is not only a qualificationprecedent to the practice of law. (Narag v.Narag, 291 SCRA 451, June 29, 1998)

Definitions: Absence of a proven conduct or act

which has been historically andtraditionally considered as amanifestation of moral turpitude. Theact or conduct need not amount to acrime; and even if it does constitute anoffense, a conviction upon a criminalcharge is not necessary to demonstratebad moral character although it mayshow moral depravity. (Agpalo)

Qualities of truth-speaking, a highsense of honor, full candor, intellectual

honesty, and the strictest observance offiduciary responsibility. (Frankfurter)

Good moral character includes at leastcommon honesty. Deception and otherfraudulent acts are not merelyunacceptable practices that aredisgraceful and dishonorable, theyreveal a basic moral flaw. (Olbes v.Deciembre, 457 SCRA 341)

Question of moral turpitude is forSC to decide, which is whyapplicants are required to discloseany crime which they have beencharged. Concealment or withholdingfrom the court information aboutcharges and indictments is a groundfor disqualification of applicant orfor revocation of license. (Agpalo)

SC may deny lawyer’s oath-taking basedon a conviction for reckless imprudenceresulting in homicide (hazing case). Butafter submission of evidence and variouscertifications “he may now be regarded ascomplying with the requirements of goodmoral character…he is not inherently ofbad moral fiber.” (In Re: Argosino, A.M. No.712 July 13, 1995; B.M. No. 712 March 19,1997)

5. Legal Education

A. Pre-Law

Statutory BasisRules of Court, Rule 138, Sec. 6. A bachelor’sdegree in arts or sciences with any of thefollowing subjects as major or field ofconcentration: political science, logic, English,Spanish, History and Economics.

A college degree must first be obtainedbefore studying law. Otherwise, one will notbe qualified to take the bar examinations.(In re Telesforo Diao, 1963)

B. Law Proper

Statutory BasisRules of Court, Rule 138, Sec. 5 and 6. Allapplicants for admission…shall, before beingadmitted to the examination, satisfactorily showthat they have regularly studied law for fouryears, and successfully complete all prescribedcourses, in a law school or university, officiallyapproved and recognized by the Secretary ofEducation.


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Must have completed courses in:a) civil lawb) commercial lawc) remedial lawd) public international lawe) private international lawf) political lawg) labor and social legislationh) medical jurisprudencei) taxationj) legal ethics

C. Graduates of foreign law schoolsbeginning 1994 shall not be allowed totake the bar examinations since theycannot present the certificationsrequired under sections 5 and 6 of Rule138. (Re: Application of Adriano M.Hernandez, 1993)

6. Bar Examinations

Statutory Basis: Rules of Court, Rule 138.

A. WHEN TO FILE FOR PERMIT (Sec. 7) –At least 15 days before the beginning ofthe examination. Applicants mustsubmit affidavits of age, residence,citizenship, legal education.

B. NOTICE (Sec. 8) – Notice of applicationsfor admission shall be published by theclerk of the Supreme Court innewspapers published in Pilipino,English and Spanish, for at least 10days before the beginning of theexamination.

C. CONDUCT OF EXAM (Sec. 10) –Questions will be in English or Spanish,to be answered in writing by examines.No oral examinations. If penmanship ispoor, SC may allow upon verifiedapplication the use of a noiselesstypewriter.

Committee will take all precautions toprevent the substitution of papers orcommission of other frauds. No papers,books or notes allowed into theexamination rooms. Examinees shallnot place their names on theexamination papers.

D. WHEN AND WHERE TO TAKE EXAM(Sec. 11) – In four days designated bybar examiner, annually (in September)and in the city of Manila.

E. SUBJECTS (Sec. 11)

1st day

Political and InternationalLaw (morning)Labor and Social Legislation(afternoon)

2nd dayCivil Law (morning)Taxation (afternoon)

3rd dayMercantile Law (morning)Criminal Law (afternoon)

4th day

Remedial Law (morning)

Legal Ethics and PracticalExercises (afternoon)

F. PASSING AVERAGE (Sec. 14) – Ageneral average of 75 % in all subjects,without falling below 50 % in anysubject. Relative weights:Civil Law 15 %Labor and Social Legislation 10 %Mercantile Law 15 %Criminal Law 10 %Political and International Law 15 %Taxation 10 %Remedial Law 20 %Legal Ethics and PracticalExercises

5 %

G. WHO MAKES THE EXAM (Sec. 12): Onemember of the Supreme Court acts asChairman, plus eight members of thebar who act as examiners who holdoffice for one year. In 2009, there will betwo examiners per subject.

The Bar Confidant acts as a sort ofliaison officer between the court and theBar Chairman on the other hand, andthe individual members of thecommittee on the other. He is at thesame time a deputy clerk of court.

The names of the members of thiscommittee shall be published in eachvolume of the official reports.

H. RESULTS (Sec. 15) – Committee mustfile its report on the results not laterthan February 15th after theexamination, or as soon thereafter asmay be practicable.

I. FLUNKERS (Sec. 16) – Retakers mustapply again. Candidates who have failedthe bar examinations for three timesshall be disqualified from takinganother examination unless they showproof of reenrollment and successful


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completion of regular fourth year reviewclasses as well as attended a pre-barreview course in a recognized lawschool.

The professors of the individualreview subjects under this rule shallcertify under oath that the candidateshave regularly attended classes andpassed the subjects under the sameconditions as ordinary students and theratings obtained by them in theparticular subject.

J. DISCIPLINE (Sec. 13)

No candidate shall endeavor too Influence any member of the

committee,o During examination the candidates

shall not communicate with eachother

o Shall not give or receive anyassistance.

Violators will be punished bydisqualification, counted as a failure.Further disciplinary action, includingpermanent disqualification, may betaken in the discretion of the court.

K. BAR EXAM AS CIVIL SERVICEELIGIBILITY – The law makes passingthe bar examination equivalent to a firstgrade civil service eligibility for ayposition in the classified service in thegovernment the duties of which requireknowledge of law, or a second gradecivil service eligibility for any othergovernment position which does notprescribe proficiency in law as aqualification.

o First grade civil service eligibility forany position

o Second grade civil service eligibilityfor position which does not prescribeproficiency in law

7. Lawyer’s Oath

Statutory Basis

Rules of Court, Sec. 17. An applicant who haspassed the required examination, or has beenotherwise found to be entitled to admission tothe bar, shall take and subscribe before theSupreme Court an oath of office. Form 28 of theJudicial Standard Forms prescribes thefollowing oath to be taken by the applicant:

I, _____, do solemnly swear that I willmaintain allegiance to the Republic of thePhilippines.I will support and defend its Constitution andobey the laws as well as the legal orders ofthe duly constituted authorities therein;

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

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

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

I impose upon myself this obligationvoluntarily, without any mental reservationor purpose of evasion.

So help me God.

In Re: Argosino, 270 SCRA 26 1997The lawyer’s oath is not a mere ceremony orformality for practicing law. Every lawyershould at all times weigh his actionsaccording to the sworn promises he makeswhen taking the lawyer’s oath. If all lawyersconducted themselves strictly according tothe lawyer’s oath and the Code ofProfessional responsibility, theadministration of justice will undoubtedlyfairer, faster and easier for everyoneconcerned.

Olbes v. Deciembre, A.C. No. 5365 (April2005)

By taking the lawyer’s oath, a lawyerbecomes the guardian of truth and the ruleof law and an indispensable instrument inthe fair and impartial administration ofjustice.

IV.Qualifications for Practice

Statutory BasisRules of Court, Rule 138, Sec. 1. Any personduly admitted as a member of the bar, orhereafter admitted as such in accordance withthe provisions of this rule, and who is in goodand regular standing, is entitled to practice law.

General Rule: Members of the Bar

Exceptions:1. Law students2. By an agent/friend3. By person


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1. Law Students

Statutory BasisRules of Court, Rule 138-A or the Law StudentPractice Rule

Qualifications of Students who may Appearin Court: Third year standing Enrolled in a recognized law school’s

legal education program approved bythe Supreme Court, withoutcompensation in any civil, criminal oradministrative case before any trialcourt, tribunal, board or officer, torepresent indigent clients accepted bythe legal clinic of the law school

Under direct supervision and control ofa member of the IBP duly accredited bythe law school. Any and all pleadings,motions, briefs, memoranda or otherpapers must be signed by thesupervising attorney for and in behalf ofthe legal clinic.

Rule 138, Sec. 34. A law student may appear inhis personal capacity without the supervision ofa lawyer in inferior courts.

DIRECT SUPERVISION AND CONTROLRequires no less than the physical presence ofthe supervising lawyer during the hearing.

In Re: Need That Law Student PracticingUnder Rule 138-A Be ActuallySupervised During Trial (1997)

A law student appearing before the RTCunder Rule 138-A should at all times beaccompanied by a supervising lawyer.

2. Agent

Statutory BasisRules of Court, Rule 138, Sec. 34. In such cases,no attorney-client relationship exists; nothabitual. An agent is usually appointed or afriend chosen in a locality where a licensedmember of the bar is not available.

Civil – a party in a civil suit may conducthis litigation either personally or byattorney unless the party is a juridicalperson. Allowed in MTC, RTC, appellate court.

Criminal – in a locality where a lawyer isunavailable, a judge may appoint a non-lawyer who is a resident of the province,and of good repute for probity and ability todefend the accused. Allowed up to MTC-level only.

Administrative tribunals – only if theyrepresent their organization or members.NLRC, cadastral courts, etc.

Limitations:o non-adversarial contentionso not habitually renderedo not charge for payment

For the government – any personappointed to appear for the government ofthe Philippines in accordance with law

3. Self-representation

Statutory BasisRules of Court, Rule 138, Sec. 34. A person mayrepresent himself before any court. He is boundby the same rules in conducting the trial of hiscase. He cannot, after judgment, claim that hewas not properly represented.

Rule 115, Sec 1 (c) provides that anaccused may waive his right to counsel butif he cannot protect his rights without theassistance of a counsel, the Court shouldadvise him to secure a counsel de parte orappoint a counsel de officio to representhim.

COUNSEL DE OFFICIOA counsel, appointed or assigned by the court,from among members of the Bar in goodstanding who, by reason of their experience andability, may adequately defend the accused.

COUNSEL DE PARTEA counsel employed or retained by the party, orthe accused

RIGHT TO COUNSEL: Absolute andimmutable. However, his option to securethe services of counsel de parte is notabsolute. The trial court may restrict hisoption to retain a counsel de parte if a) theaccused insists on an attorney he cannotafford b) chosen counsel is not a lawyer orc) the attorney declines to represent theaccused for a valid reason, in which casethe trial court can appoint his counsel deoficio to represent him.

In a democratic and civilized country wherethe rights of a person are determined inaccordance with established rules, theemployment of a person acquainted withthose rules becomes a necessity both to thelitigants and to the Court. A party litigantneeds the assistance of counsel in allproceedings, administrative, civil orcriminal. (Agpalo)


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V. Prohibition from Practice

RELATIVE PROHIBITION

1) Senators and members of the House ofRepresentatives (prohibition to appear)(Art VI, Sec. 14, 1987 Constitution)

2) Members of the Sanggunian (RA No.7160, Sec. 91)

ABSOLUTE PROHIBITION

1) Judges and other officials as employeesof the Superior Court (Rule 148, Sec.35, RRC)o Officials and employees of the OSGo Government prosecutors (People v.

Villanueva, 14 SCRA 109)2) President, Vice-President, members of

the cabinet, their deputies andassistants, (Art. VIII Sec. 15, 1987Constitution)

3) Chairmen and Members of theConstitutional Commissions (Art. IX-A,Sec. 2, 1987 Constitution)

4) Ombudsman and his deputies (Art. IX,Sec. 8 (2nd par.), 1987 Constitution)

5) Solicitor general and assistant solicitorgenerals

6) All governors, city and municipalmayors (R.A. No. 7160, Sec. 90)

7) Those who, by special law, areprohibited from engaging in the practiceof their legal profession

SPECIAL RESTRICTIONS1) Retired judges (RA 910, Sec. 1, as

amended)

A retired justice or judge receiving apension from the government, cannot act ascounsel in any civil case in which theGovernment, or any of its subdivision oragencies is the adverse party or in acriminal case wherein an officer oremployee of the Government is accused ofan offense in relation to his office.

REMEDIES AGAINST UNAUTHORIZEDPRACTICE1) Petition for Injunction2) Declaratory Relief3) Contempt of Court4) Disqualification and complaints for

disbarment5) Criminal complaint for estafa who

falsely represented to be an attorney tothe damage party

VI.Notarial Practice

NOTARY PUBLIC or a notary is any personcommissioned to perform official acts1) acknowledgements;2) oaths and affirmations;3) jurats;4) signature witnessing;5) copy certifications; and6) any other act authorizes in the rules

Why notarize

To verify the personal appearance ofaffiant and the genuineness of signature

To authenticate document and verifydue execution, making documentadmissible in evidence without proof ofauthenticity.

Notarization is not an empty, meaningless,routinary act. It is invested withsubstantive public interest, such that onlythose who are qualified or authorized mayact as notaries public…A notarial documentis by law entitled to full faith and creditupon its face. Courts, administrativeagencies and the public at large must beable to rely upon the acknowledgementexecuted by a notary public. (Baylon v.Almo, A.C. No.6962, June 25, 2008)

QUALIFICATIONS OF A NOTARY PUBLIC1) citizen of the Philippines2) over 21 years of age3) resident of the Philippines for at least

one year and maintains a regular placeof work or business

4) member of the Philippine Bar in goodstanding, with clearances from the BarConfidant of the SC and the IBP

5) no conviction for any crime involvingmoral turpitude

(Hence all notaries are lawyers but not alllawyers are notaries.)

COMMISSIONA notarial commission is granted by anexecutive judge after petition of the lawyer,and is good for two years. Every petitionundergoes a hearing and approved aftero petition is proven sufficient in form and

substanceo petitioner proves allegations in petitiono petitioner establishes to the satisfaction

of the court that he has read andunderstood the Rules on NotarialPractice


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AUTHORITY OF THE NOTARYTo certify signature and to sign in behalf of anaffiant.

A notary is authorized to certify the affixing ofa signature by thumb or other mark on aninstrument or document presented if: the thumb or other mark is affixed in

presence of notary and two disinterestedwitnesses

both witnesses affix their own mark the affiant and witnesses personally present

ID with picture, oath of witnesses known tothe individuals, and residence certificates, ifnot personally known

the notary writes: “Thumb or other markaffixed by ___ in the presence of ____ andundersigned notary public.”

notary public notarizes the signatures ormarks through an acknowledgement, jurator signature witnessing

A notary public authorized to sign on behalf ofa person unable to sign if: he is directed by the person unable to sign or

make a mark the signature of the notary is affixed in the

presence of two disinterested witnesses both witnesses sign their own names the affiant and witnesses personally present

ID with picture, oath of witnesses known tothe individuals, and residence certificates, ifnot personally known

the notary writes: “Signature affixed bynotary in the presence of ____.”

notary public notarizes the signatures ormarks through an acknowledgement or jurat

What to notarize

GENERAL RULE: A notary can notarize anydocument, upon request of affiant.Notarization of document must be at thenotary public’s regular place of work.

EXCEPTION:

A. Irregularity in place - if it is outside ofhis territorial jurisdiction

Exceptions:1) in public offices, convention halls and

other places where oaths of office areadministered

2) public function areas in hotels andsimilar areas used for the signing ofinstruments or documents requiringnotarization

3) hospitals and other medical institutionswhere a part to an instrument isconfined for treatment

4) any place where a party to theinstrument requiring notarization isunder detention

B. Irregularity in person

Disqualifications:1) if notary is personally a party to the

instrument2) if he will receive as an indirect and

direct result any commission, fee,advantage, right, title, interest, cash,property, or other consideration inexcess of what is provided in these rules

3) if notary is a spouse, common-lawpartner, ancestor, descendant, orrelative by affinity or consanguinity ofthe principal up to the fourth degree

C. Mandatory refusal to notarize

1) If the transaction is unlawful or immoral2) If the signatory shows signs that he

does not understand consequences ofthe act, per the notary’s judgment

3) If the signatory appears not to act of hisown free will, per the notary’s judgment

NOTARIAL REGISTERA chronological official notarial register ofnotarial acts consisting of a permanentlybound book with numbered pages. Theremust only be one active register ay anygiven time.

Required entries:1) entry number and page number2) date and time of day3) type of notarial act4) title or description of document5) name and address of each principal6) competent evidence of identity7) name and address of each credible

witness8) fee charged9) address where the notarization was

performed, if not the notary’s regularplace of business

10) any other circumstance of significance

Official signature – signed by hand, not byfacsimile stamp or printing device, and atthe time of the notarization

Official seal – two-inch diameter seal withthe words “Philippines”, attorney’s name atthe margin and the roll of attorney’snumber.


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For vendors, the sale of the seal may onlybe upon judicial authority, for a period of 4years.

For buyers, a certified copy of thecommission is necessary for purchase. Oneseal per certificate.

The act of a lawyer notarizing a SpecialPower of Attorney knowing that theperson who allegedly executed it is deadis a serious breach of the sacred obligationimposed upon him by the Code ofProfessional Responsibility, specifically Rule1.01 of Canon 1. (Sicat v. Arriola, 456 SCRA93 (2005))

A lawyer is guilty of misconduct in theperformance of his duties if he fails toregister in his notarial register theaffidavits-complaints which were filed in anadministrative case before the Civil ServiceCommission. (Aquino v. Pascua, 539 SCRA1 (2007))

REVIEWER IN LEGAL ETHICS Chapter II. Code of Professional ResponsibilityC

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Chapter II. Code of ProfessionalResponsibility

I. LEGAL ETHICSDUTIES OF A LAWYER

II. LAWYER’S DUTIES TO SOCIETYA. CANON 1: PROMOTE AND RESPECT

THE LAW AND LEGAL PROCESSB. CANON 2: PROVIDE EFFICIENT AND

CONVENIENT LEGAL SERVICESC. CANNON 3: INFORMATION ON LEGAL

SERVICES THAT IS TRUE, HONEST,FAIR AND DIGNIFIED

D. CANON 4: SUPPORT FOR LEGALREFORMS AND ADMINISTRATION OFJUSTICE

E. CANON 5: PARTICIPATE IN LEGALEDUCATION

F. CANON 6: GOVERNMENT LAWYERSIII. LAWYER’S DUTIES TO THE LEGAL

PROFESSIONA. CANON 7: UPHOLD DIGNITY AND

INTEGRITY IN THE PROFESSIONB. CANON 8: COURTESY, FAIRNESS,

CANDOR TOWARDS PROFESSIONALCOLLEAGUES

C. CANON 9: UNAUTHORIZED PRACTICEOF LAW

IV. LAWYER’S DUTIES TO THE COURTSA. CANON 10: OBSERVE CANDOR,

FAIRNESS AND GOOD FAITHB. CANON 11: RESPECT COURTS AND

JUDICIAL OFFICERSC. CANON 12: ASSIST IN SPEEDY AND

EFFICIENT ADMINISTRATION OFJUSTICE

D. CANON 13: REFRAIN FROM ACTGIVING APPEARANCE OF INFLUENCE

V. LAWYER’S DUTIES TO THE CLIENTA. CANON 14: SERVICE TO THE NEEDYB. CANON 15: OBSERVE CANDOR,

FAIRNESS, LOYALTYC. CANON 16: HOLD IN TRUST CLIENT’S

MONEYS AND PROPERTIESD. CANON 17: TRUST AND CONFIDENCEE. CANON 18: COMPETENCE AND

DILIGENCEF. CANON 19: REPRESENTATION WITH

ZEALG. CANON 20: ATTORNEY’S FEESH. CANON 21: PRESERVE CLIENT’S

CONFIDENCEI. CANON 22: WITHDRAWAL OF

SERVICES FOR GOOD CAUSE VALIDGROUND FOR REFUSAL

I. Legal Ethics

Definition: Body of principles by which theconduct of members of the legal professionis controlled.

It is that branch of moral science whichtreats of the duties which an attorney atlaw owes to his clients, to the courts, to the

bar and to the public. (G.A. Malcolm, Legaland Judicial Ethics 8, 1949)

Duties of a Lawyer

Statutory basis: Rule 138, Sec. 20

1) To maintain allegiance to the Republicof the Philippines and to support theConstitution and obey the laws of thePhilippines;

2) To observe and maintain the respectdue to the courts of justice and judicialofficers;

3) To counsel or maintain such actions orproceedings only as appear to him to bejust, and such defenses only as hebelieves to be honestly debatable underthe law;

4) To employ, for the purpose ofmaintaining the causes confided to him,such means only as are consistent withtruth and honor, and never seek tomislead the judge or any judicial officerby an artifice or false statement of factor law;

5) To maintain inviolate the confidence,and at every peril to himself, to preservethe secrets of his client, and to acceptno compensation in connection with hisclient's business except from him orwith his knowledge and approval;

6) To abstain from all offensive personalityand to advance no fact prejudicial to thehonor or reputation of a party orwitness, unless required by the justiceof the cause with which he is charged;

7) Not to encourage either thecommencement or the continuance ofan action or proceeding, or delay anyman's cause, from any corrupt motiveor interest;

8) Never to reject, for any considerationpersonal to himself, the cause of thedefenseless or oppressed;

9) In the defense of a person accused ofcrime, by all fair and honorable means,regardless of his personal opinion as tothe guilt of the accused, to presentevery defense that the law permits, tothe end that no person may be deprivedof life or liberty, but by due process oflaw.

PUBLIC DUTY – as attorneys are faithfulassistants of the court in search of a justsolution to disputes

A counsel de officio is expected to rendereffective service and to exert his best efforts


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on behalf of an indigent accused. He has ahigh duty to the poor litigant as to a payingclient. He should have a bigger dose ofsocial conscience and a little less of selfinterest. (Agpalo)

PRIVATE DUTY – as attorneys operate as atrusted agent of his client

A private prosecutor may intervene in theprosecution of a criminal action when theoffended party is entitled to indemnity and hasnot waived expressly, reserved or instituted thecivil action for damages.

In case of heavy work schedule of the publicprosecutors, the private prosecutor may beauthorized in writing by the Chief of theProsecution Office or the Regional StateProsecution to prosecute the case subject to theapproval of the Court.

Once so authorized to prosecute the criminalaction, the private prosecutor shall continue toprosecute the case up to the end of the trial evenin the absence of a public prosecutor, unless theauthority is revoked or otherwise withdrawn.(Rule 110, Sec. 5, ROC, as amended per A.M.No. 02-2-07-SC, May 1, 2002)

FOUR-FOLD DUTIES OF A LAWYER(Per the Code of Professional Responsibility)

1) Duties to Society should not violate his responsibility

to society

exemplar for righteousness ready to render legal aid foster social reforms guardian of due process aware of special role in the solution

of special problems and be alwaysready to lend assistance in thestudy and solution of socialproblems

2) Duties to the Legal Profession

candor fairness courtesy and truthfulness avoid encroachment in the business

of other lawyers

uphold the honor of the profession

3) Duties to the Court

respect or defend against criticisms uphold authority and dignity obey order and processes assist in the administration of

justice

4) Duties to the Client

entire devotion to client’s interest

II. Lawyer’s Duties to Society

Canon 1: Promote and Respect the Lawand Legal Process

Canon 2: Provide Efficient and ConvenientLegal Services

Cannon 3: Information on Legal Servicesthat is true, Honest, Fair andDignified

Canon 4: Support for Legal Reforms andAdministration of Justice

Canon 5: Participate in Legal EducationCanon 6: Government lawyers

CANON 1 - A LAWYER SHALL UPHOLDTHE CONSTITUTION, OBEY THE LAWSOF THE LAND AND PROMOTE RESPECTFOR LAW OF AND LEGAL PROCESSES.

Rule 1.01 - A lawyer shall not engage inunlawful, dishonest, immoral or deceitfulconduct.

UNLAWFUL CONDUCTAn act or omission which is against the law.Dishonesty involves lying or cheating. (Agpalo)

IMMORAL OR DECEITFUL CONDUCTThat which is willful, flagrant or shameless andwhich shows a moral indifference to the opinionof the good and respectable members of thecommunity. (Aguirre)

MORAL TURPITUDE“Includes everything which is done contrary tojustice, honesty, modesty, or good morals”. Itinvolves an act of baseness, vileness, ordepravity in the private duties which a manowed his fellowmen, or to society in general,contrary to the accepted and customary rule ofright and duty between man and woman, orconduct contrary to justice, honesty, modesty,or good morals. (Barrios v. Martinez, 442 SCRA324 (2004))

E.g. crimes of murder, estafa, rape, violation ofBP 22, bribery, bigamy, adultery, seduction,abduction, concubinage, smuggling

Immorality connotes conduct that showsindifference to the moral norms ofsociety. For such conduct to warrantdisciplinary action, the same must begrossly immoral, it must be so corruptand false as to constitute a criminal actor so unprincipled as to be reprehensibleto a high degree. Respondent's act belies


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the alleged moral indifference and provesthat she has no intention of flaunting thelaw and the high moral standards of thelegal profession. (Ui v. Bonifacio, 333 SCRA38)

Mere intimacy between a man and awoman, both of whom possess noimpediment to marry, voluntarily carriedand devoid of deceit on the part of therespondent is neither so corrupt nor sounprincipled as to warrant the impositionof disciplinary sanction, even if a child wasborn out of wedlock of such relationship. Itmay suggest a doubtful moral characterbut not grossly immoral. (Figueroa v.Barranco, 276 SCRA 445 (1997))

Reconciliation between Delizo-Cordovaand Cordova, assuming the same to bereal, does not excuse or wipe away themisconduct and immoral behaviorcarried out in public. The requirement ofgood moral character persists as acontinuing condition for membership inthe Bar in good standing. (Cordova v.Cordova, 179 SCRA 680 (1989))

While sexual relations between twounmarried adults is not sufficient towarrant disbarment, it is not with respectto betrayals to the marital vow.Respondent’s wanton disregard for thesanctity of marriage is shown when hepursued a married woman and thereaftercohabited with her. (Guevarra v. Eala, 529SCRA 1 (2007))

When lawyers are convicted of frustratedhomicide, the attending circumstances,not the mere fact of their convictionwould demonstrate their fitness to remainin the legal profession. (Soriano v. Dizon,A.C. No. 6792, January 25, 2006)

The record discloses that the Court of FirstInstance acquitted respondent Suller forfailure of the prosecution to prove his guiltbeyond reasonable doubt. Such acquittal,however, is not determinative of thisadministrative case ... The rape of hisneighbor's wife constituted serious moraldepravity even if his guilt was not provedbeyond reasonable doubt in the criminalprosecution for rape. He is not worthy toremain a member of the bar. The privilegeto practice law is bestowed uponindividuals who are competentintellectually, academically and, equallyimportant, morally. “Good moral character

is not only a condition precedent toadmission to the legal profession, but itmust also be possessed at all times in orderto maintain one's good standing in thatexclusive and honored fraternity.” (Calub v.Suller, A.C. No. 1474, January 28, 2000 andquoting Docena vs. Limon, 295 SCRA 262)

Rule 1.02 - A lawyer shall not counsel orabet activities aimed at defiance of the lawor at lessening confidence in the legalsystem.

The SC does not claim infallibility, it willnot denounce criticism made by anyoneagainst the Court for, if well founded cantruly have constructive effects in the task ofthe Court, but will not countenance anywrong doing nor allow erosion of thepeople's faith in the judicial system.(Estrada v. Sandiganbayan, 416 SCRA 465)

The promotion of organizations, withknowledge of their objectives, for thepurpose of violating or evading the lawsconstitutes such misconduct in his office.(In re Terrell, 2 Phil 266 (1903))

Rule 1.03 - A lawyer shall not, for anycorrupt motive or interest, encourage anysuit or proceeding or delay any man'scause.

BARRATRY OR “MAINTENANCE”Inciting or stirring up quarrels or groundlesslawsuits

AMBULANCE CHASINGAccident-site solicitation of almost any kind oflegal business by laymen employed by anattorney for the purpose or by the attorneyhimself.

Supports perjury, the defrauding of innocentpersons by judgments, upon manufacturedcauses of actions and the defrauding of injuredpersons having proper causes of action butignorant of legal rights and court procedure.

A lawyer may be disciplined in hisprofessional and private capacity. The filingof multiple complaints reflects on hisfitness to be a member of the legalprofession. His conduct of vindictivenessa decidedly undesirable trait especiallywhen one resorts to using the court not tosecure justice but merely to exact revengewarrants his dismissal from the judiciary.(Saburnido v. Madrono, 366 SCRA 1 (2001))


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Rule 1.04 - A lawyer shall encourage hisclients to avoid, end or settle a controversyif it will admit of a fair settlement.

The function of a lawyer is not only toconduct litigation but to avoid it wherepossible, by advising settlement orwithholding suit. He must act asmediator for compromise rather than aninstigator and conflict. What sometimesbeclouds a lawyer’s judgment as towhat is best for his client is his eye onthe attorney’s fees which are oftenconsiderably less when the cause isamicably settled. The problem ofconflict of interests must be resolvedagainst self-interest. (Agpalo)

A lawyer should be sanctioned for themisuse of legal remedies andprostituting the judicial process to thwartthe satisfaction of a judgment to theprejudice of others. The lawyer abetted hisclient in using the courts to subvert thevery ends of justice by instigatingcontroversy and conflict although theclient's cause is without merit. It is everyduty of a counsel to advise his client on themerit of his case. A lawyer must resist thewhims and caprices of his clients, andtemper his client’s propensity to litigate.(Castaneda v. Ago, 65 SCRA 505 (1975))

CANON 2 - A LAWYER SHALL MAKE HISLEGAL SERVICES AVAILABLE IN ANEFFICIENT AND CONVENIENT MANNERCOMPATIBLE WITH THEINDEPENDENCE, INTEGRITY ANDEFFECTIVENESS OF THE PROFESSION.

Rule 2.01 - A lawyer shall not reject, exceptfor valid reasons, the cause of thedefenseless or the oppressed.

LEGAL AID IS NOT A MATTER OFCHARITY. It is a means for the correctionof social imbalance that may and oftendo lead to injustice, for which reason itis a public responsibility of the Bar. Thespirit of public service should, therefore,underlie all legal aid offices. The sameshould be administered to indigent anddeserving members of the community on allcases, matters and situations in which legalaid may be necessary to forestall aninjustice. (IBP Handbook, GuidelinesGoverning the Establishment andOperation of the Legal Aid Office, Art. 1,Sec. 1)

Valid grounds for refusal (Rule 14.03):1) He is in no position to carry out the

work effectively or competently2) He labours under a conflict of interest

between him and the prospective clientor between a present client and theprospective client

The legal profession is a burdened privilegenot many are qualified to undertake.Ledesma owes fidelity to the duty requiredof the legal profession. Because there is noincompatibility between the defense ofhis client and him being an electionregistrar, he should not decline hisappointment as counsel de oficio. The endsof justice will be well served by requiringcounsel to continue as counsel de oficio.(Ledesma v. Climaco, 57 SCRA 473 (1974))

Rule 2.02 - In such cases, even if thelawyer does not accept a case, he shall notrefuse to render legal advice to the personconcerned if only to the extent necessary tosafeguard the latter's rights.

Advice may be on what preliminary steps totake until the client has secured theservices of counsel.

But he shall refrain from giving legaladvice if the reason for not accepting thecase is that there involves a conflict ofinterest between him and a prospectiveclient or between a present client and aprospective client. (Agpalo)

Rule 2.03 - A lawyer shall not do or permitto be done any act designed primarily tosolicit legal business.

The legal practice is not a business. Unlikea businessman, the lawyer has:1) Relation to the administration of justice

involving sincerity, integrity andreliability as an “officer of the court”;

2) duty of public service;3) relation to clients with the highest

degree of fiduciary;4) relation to colleagues at the bar

characterized by candor, fairness andunwillingness to resort to businessmethods of advertising andencroachment on their practice, ordealing directly with their clients.(Agpalo)

In relation to Rule 3.01, solicitation of anykind is prohibited; but some forms ofadvertisement may be allowed.


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MALPRACTICEThe practice of soliciting cases at law for thepurpose of gain, either personally or throughpaid agents or brokers, constitutes malpractice.A member of the bar may be disbarred orsuspended from his office as attorney by the SCfor any… malpractice…. (Rule 138, Sec. 27)

Rule 2.04 - A lawyer shall not charge rateslower than those customarily prescribedunless the circumstances so warrant.

This prohibits the competition in the matterof charging professional fees for thepurposed of attracting clients in favor of thelawyer who offers lower rates. The rule doesnot prohibit a lawyer from charging areduced fee or none at all to an indigent orto a person who would have difficultypaying the fee usually charged for suchservices. (Agpalo)

CANON 3 - A LAWYER IN MAKINGKNOWN HIS LEGAL SERVICES SHALLUSE ONLY TRUE, HONEST, FAIR,DIGNIFIED AND OBJECTIVEINFORMATION OR STATEMENT OFFACTS.

Rule 3.01 - A lawyer shall not use orpermit the use of any false, fraudulent,misleading, deceptive, undignified, self-laudatory or unfair statement or claimregarding his qualifications or legalservices.

THE MOST WORTHY AND EFFECTIVEADVERTISEMENT possible is theestablishment of a well-merited reputationfor professional capacity and fidelity totrust. This cannot be forced, but must bethe outcome of character and conduct.

Allowable advertisement:o an ordinary professional cardo publication in reputable law list with

brief biographical and other informativedata which may include name,associates, address, phone numbers,branches of law practised, birthday, dayadmitted to the bar, schools and datesattended, degrees and distinctions,authorships, teaching positions,associations, legal fraternities andsocieties, references and regularlyrepresented clients must be publishedfor that purpose

o publication of simple announcement ofopening of law firm, change of firm

o listing in telephone directory but notunder designation of special branch oflaw

o if acting as an associate (specialising ina branch of law), may publish a briefand dignified announcement to lawyers(law list, law journal)

o if in media, those acts incidental to hispractice and not of his own initiative

o write articles for publication givinginformation upon the law (and notindividual rights or advising throughcolumn/ TV. broadcast, lest such beconsidered indirect advertising)

o activity of an association for thepurpose of legal representation

If entering into other businesses which arenot inconsistent with lawyer’s duties – it isadvisable that they be entirely separate andapart such that a layman could distinguishbetween the two functions.

Prohibited advertisement (Sec. 27, Canon ofProfessional Ethics):o Through touters of any kind whether

allied real estate firms or trustcompanies advertising to secure thedrawing of deeds or wills

o Offering retainers in exchange forexecutorships or trusteeships to beinfluenced by the lawyer

o Furnishing or inspiring newspapercomments concerning the manner oftheir conduct, the magnitude of theinterests involved, the importance oflawyer’s position, and all other like self-laudation

A lawyer may not properly publish his briefbiographical and informative data in adaily paper, magazine, trade journal orsociety program in order to solicit legalbusiness. (Khan v. Simbillo, 409 SCRA 299(2003))

It is highly unethical for an attorney toadvertise his talents or skill as a merchantadvertises his wares. The law is aprofession not a business. Solicitation ofcases by himself or through others isunprofessional and lowers the standards ofthe legal profession. (In re Tagorda, 53 Phil37 (1929))

The lawyer degrades himself and hisprofession who stoops to and adopts thepractices of mercantilism by advertising hisservices or offering them to the public. Notall types of advertising are prohibited, a


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lawyer may advertise in reputable law lists,in a manner consistent with the standardsof conduct imposed by the canons. Likewisein the use of a name, false and misleadingnames are prohibited. (Ulep v. Legal Clinic,223 SCRA 378 (1993))

Rule 3.02 - In the choice of a firm name,no false, misleading or assumed name shallbe used. The continued use of the name ofa deceased partner is permissible providedthat the firm indicates in all itscommunications that said partner isdeceased.

GENERAL RULE 1: All partners in firmname must be alive.

EXCEPTION: When removal of the deceasedpartner’s name disturbs the client goodwillbuilt through the years.

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

GENERAL RULE 2: Filipino lawyers cannotpractice law under the name of a foreignlaw firm.

Firms may not use misleading namesshowing association with other firms topurport legal services of highest quality andties with multinational business enterpriseespecially when such firm attached as anassociate cannot legally practice law inthe Philippines. (Dacanay v. Baker andMcKenzie, 136 SCRA 349 (1985))

Rule 3.03 - Where a partner accepts publicoffice, he shall withdraw from the firm andhis name shall be dropped from the firmname unless the law allows him to practicelaw currently.

Related statutory basis: RA 7160 or theLocal Government Code, Section 90.Governors, city and municipal mayors areprohibited from practice of profession.

EXCEPTION: Sanggunian members areallowed to practice concurrently subject tocertain restrictions.1987 Constitution, Art. VI, Sec. 14. NoSenator or member of the House ofRepresentative may personally appearbefore any court of justice or before theElectoral Tribunal, or quasi-judicial andother administrative bodies.

Art. VII, Sec. 13. The President, Vice-President, the members of the cabinet andassistants shall not, unless otherwiseprovided in this Constitution, hold anyother office or employment during theirtenure. They shall not, during said tenure,directly or indirectly practice anyprofession.

Art. IX, Sec. 2. No member of aConstitutional Commission shall, duringhis tenure, hold any other office oremployment. Neither shall he engage in thepractice of any profession.

It is unlawful for a public official oremployee to, among others: "engage in theprivate practice of their profession,unless authorized by the Constitution orlaw, provided that such practice will notconflict or tend to conflict with officialfunctions." (Samonte v. Gatdula, 303 SCRA756 (1999))

Rule 3.04 - A lawyer shall not pay or giveanything of value to representatives of themass media in anticipation of, or in returnfor, publicity to attract legal business.

It is bad enough to have such unduepublicity when a criminal case is beinginvestigated, but when publicity andsensationalism is allowed, evenencouraged, when the case is on appealand is pending consideration by the SC, itis inexcusable and abhorrent. (Cruz v.Salva, 105 Phil 1151 (1959))

CANON 4 - A LAWYER SHALLPARTICIPATE IN THE DEVELOPMENT OFTHE LEGAL SYSTEM BY INITIATING ORSUPPORTING EFFORTS IN LAW REFORMAND IN THE IMPROVEMENT OF THEADMINISTRATION OF JUSTICE.

Activities encouraged:o Presenting position papers or

resolutions for the introduction ofpertinent bills in Congress

o Petitions in the SC for the amendmentsto the Rules of Court

CANON 5 - A LAWYER SHALL KEEPABREAST OF LEGAL DEVELOPMENTS,PARTICIPATE IN CONTINUING LEGALEDUCATION PROGRAMS, SUPPORTEFFORTS TO ACHIEVE HIGHSTANDARDS IN LAW SCHOOLS AS WELLAS IN THE PRACTICAL TRAINING OF


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LAW STUDENTS AND ASSIST INDISSEMINATING THE LAW ANDJURISPRUDENCE.

OBLIGATIONS

1) To self for continued improvement ofknowledge

2) To his profession for maintenance ofhigh standards of legal education

3) To the public for social consciousness

BAR MATTER NO. 850 (2000)

Purpose: To ensure that lawyersthroughout their career keep abreast withlaw and jurisprudence, maintain the ethicsof the profession and enhance thestandards of the practice of law

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

Legal ethics 6 hrsTrial and pre-trial skills 4 hrsAlternative dispute resolution 5 hrsUpdates on substantive procedurallaws and jurisprudence

9 hrs

Writing and oral advocacy 4 hrsInternational law and internationalconventions

2 hrs

Other subjects as may beprescribed by the Committee onMCLE

6 hrs

Exemptions:1. President, vice-president, cabinet

members2. Members of Congress3. Chief Justice and incumbent and

retired members of the judiciary4. Chief state counsel, prosecutor and

assistant secretaries of the Departmentof Justice

5. Solicitor General and assistants6. Government Corporate Counsel, his

deputies and assistants7. Chairman and members of

Constitutional Commissions8. Ombudsman and his deputies9. Heads of government agencies

exercising quasi-judicial functions10. Incumbent deans, bar reviewers and

professors of law who have 10 yearteaching experience

11. Officers and lecturers of the PhilippineJudicial Academy

12. Governors and mayor13. Those not in law practice (special

exemption)

14. Those who have retired from the lawpractice (special exemption)

Penalty: Listing as a delinquent member ofthe IBP

CANON 6 - THESE CANONS SHALLAPPLY TO LAWYERS IN GOVERNMENTSERVICES IN THE DISCHARGE OFTHEIR TASKS.

Rule 6.01 - The primary duty of a lawyerengaged in public prosecution is not toconvict but to see that justice is done. Thesuppression of facts or the concealment ofwitnesses capable of establishing theinnocence of the accused is highlyreprehensible and is cause for disciplinaryaction.

Related statutory basis: RA 6713, Sec. 4 (A)or the Code of Conduct and EthicalStandards for Public Officials andEmployees.

Every public official and employee shallobserve the following as standards ofpersonal conduct in the discharge andexecution of official duties:o Commitment to public interesto Professionalismo Justness and sincerityo Political neutralityo Responsiveness to the publico Nationalism and patriotismo Commitment to democracyo Simple living

It is upon the discretion of the prosecutorto decide what charge to file upon properappreciation of facts and evidences. Fiscalsare not precluded from exercising theirsound discretion in investigation. Hisprimary duty is not to convict but to seethat justice is served. (People v. Pineda, 20SCRA 748 (1967))

A member of the Bar who assumes publicoffice does not shed his professionalobligation. The Code was not meant togovern the conduct of private petitionersalone, but of all lawyers including those ingovernment service. Lawyers in governmentare public servants who owe the utmostfidelity to the public service. Thus theyhave to be more sensitive in theperformance of their professionalobligations…. A lawyer in public service isa keeper of public faith and is burdenedwith a high degree of social responsibility,


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perhaps higher than her brethren in privatepractice. (Vitriolo v. Dasig, 400 SCRA 172(2003))

Rule 6.02 - A lawyer in government serviceshall not use his public position to promoteor advance his private interests, nor allowthe latter to interfere with his public duties.

Respondent in his future actuations as amember of the bar, should refrain fromlaying himself open to such doubts andmisgivings as to his fitness for the positionhe occupies but also for membership in thebar. Fitness as to the membership to thelegal profession includes keeping hishonor unsullied. (Misamin v. San Juan, 72SCRA 491 (1976))

Rule 6.03 - A lawyer shall not, after leavinggovernment service, accept engagement oremployment in connection with any matterin which he had intervened while in saidservice.

How a Government Lawyer LeavesGovernment Service: retirement resignation expiration of the term of office dismissal abandonment

GENERAL RULE: Practice of professionallowed immediately after leaving publicservice

EXCEPTIONS: If lawyer had connectionwith any matter during his term, subject toa) One year prohibition if he had not

intervenedb) Permanent prohibition if he had

intervened

One Year Prohibition

Statutory BasisRA 3019 or the Anti-Graft and Corrupt PracticesAct. Sec. 3(d) - Corrupt practices of any publicofficer include:(d) Accepting or having any member of his

family accept employment in a privateenterprise which has pending officialbusiness with him during the pendencythereof or within one year after itstermination.

RA 6713 or the Code of Conduct and EthicalStandards for Public Officials and Employees.Sec. 7(b) - Outside employment and other

activities. Public officials and employees duringtheir incumbency shall not:o Own, control, manage or accept employment

as officer employee, consultant, counsel,broker, agent, trustee or nominee / in anyprivate enterprise regulated, supervised orlicensed by their office / unless expresslyallowed by law;

o Engage in the private practice of theirprofession unless authorized by theConstitution or law, provided that suchpractice will not conflict or tend to conflictwith their official functions;

o Recommend any person to any position in aprivate enterprise which has a regular orpending official transaction with their office.

These prohibitions shall continue to apply for aperiod of one year after resignation, retirementor separation from public office, except in case ofsubparagraph (2) above, but the professionalconcerned cannot practice his profession inconnection with any matter before the office heused to be with, in which case the one yearprohibition shall likewise apply.

Relative Prohibition

On retired judges and justices

Statutory BasisRA 910 or the special law on retirement ofjustices and judges, Sec. 1. No retiring justice orjudge of a court of record or city or municipaljudge during the time that he is receiving saidpension shall appear as counsel in any court inany civil case whereo the government or any of its subdivisions or

instrumentalities is an adverse partyo in a criminal case, where an officer or

employee of the government is accused of anoffense related to his official function

o in any administrative proceeding, cannotcollect any fee for his appearance tomaintain an interest adverse to thegovernment

Permanent Prohibitions

On any government employeeNo government employee, official, or officermay accept engagement or employment inconnection with matter he had intervenedin. Intervention includes any act of aperson which has the power to influencethe subject proceedings. (Agpalo)

The “matter” contemplated in this rule arethose that are adverse-interest conflicts(substantial relatedness and adversitybetween the government matter and thenew client’ matter in interest) andcongruent-interest representationconflicts, while the “intervention” should


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be significant and substantial which can orhave affected the interest of others. (PCGGv. Sandiganbayan, 455 SCRA 526 (2005))

On members of the legislature1987 Constitution, Art. VI, Sec. 13. Nomember of legislature may accept anappointment in an office which he createdor increased emoluments thereof.

III.Lawyer’s Duties to the LegalProfession

Canon 7: Uphold Dignity and Integrity inthe ProfessionCanon 8: Courtesy, Fairness, CandorTowards Professional ColleaguesCanon 9: Unauthorized Practice of Law

CANON 7 - A LAWYER SHALL AT ALLTIMES UPHOLD THE INTEGRITY ANDDIGNITY OF THE LEGAL PROFESSIONAND SUPPORT THE ACTIVITIES OF THEINTEGRATED BAR.

The IBP is the national organization oflawyers, created on January 16, 1973under Rule 139-A of the Rules of Court andconstituted on May 4, 1973 into a corporatebody by PD No. 181.

Non-political in character and that thereshall be neither lobbying nor campaigningin the choice of the IBP Officers. Thespectacle of lawyers bribing or being bribedto vote did not uphold the honor of theprofession nor elevate it in the public’sesteem. (In Re: Election of the IBP, 178SCRA 398 (1989))

Objectives:1) Assist in the administration of justice2) Foster and maintain on the part of its

members high ideals of integrity,learning, professional competence,public service and conduct

3) Safeguard the professional interests ofits members

4) Cultivate a spirit of cordiality andbrotherhood

5) Provide a forum for the discussion oflaw, jurisprudence, law reform,pleading, practice and procedure andthe relations of the bar

6) Encourage and foster legal education7) Promote a continuing program of legal

research in substantive and adjective

law, and make reports andrecommendations thereon. (Agabin)

Senior citizens are not exempted fromsupporting the activities of theintegrated bar. The senior citizen act doesnot exempt a lawyer from paying his annualdues to the IBP.

Nor is the fact that one is practicing lawalbeit on a limited basis serve as anexcuse for non-payment of dues. Thepayment of dues is an indispensablerequisite to remain a member of the bar ingood standing. Failure to pay ones duestranslates to a failure to support theactivities of the IBP. (Santos v. Llamas, 322SCRA 529 (2000))

There is no rule permitting theexemption from payment of IBP dues forthose who work in the government or forthose who have left the country. Thepayment of dues is a necessaryconsequence for membership in the IBP.Payment of dues is compulsory, regardlessof the lack of practice or the type of practicethe member is engaged in. The fee is acondition sine qua non, imposed as aregulatory measure to raise funds in orderto carry out the objectives of the bar. (Letterof Atty. Cecilio Arevalo, 458 SCRA 209(2005))

Rule 7.01 - A lawyer shall be answerablefor knowingly making a false statement orsuppressing a material fact in connectionwith his application for admission to thebar.

OBSERVANCE OF THE DUTIES ANDRESPONSIBILITIES of a lawyer begins evenas a law student. A student’s failure to liveup to them may be a ground for SC torefuse admission to practice or fordisbarment should SC learn later on abouthis/her transgressions. (Agpalo)

The concealment of an attorney in hisapplication to take the bar exams of the factthat he had been charged with or indictedfor a particular crime is ground forrevocation of his license to practice law.(Aguirre)

A declaration in the application to takethe bar that one is “single” when in factone had contracted marriage prior to theapplication is a violation of [this rule] evenif the marriage was believed to be void ab


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initio and awaiting judicial declaration ofnullity. (Leda v. Tabang, A.C. No. 2505,February 21, 1992)

Rule 7.02 - A lawyer shall not support theapplication for admission to the bar of anyperson known by him to be unqualified inrespect to character, education, or otherrelevant attribute.

A lawyer should not readily execute anaffidavit of good moral character in favor ofan applicant who has not live up to thestandard set by law. He should volunteerinformation or cooperate in anyinvestigation concerning alleged anomaly inthe bar examination. This is to help guardthe profession from candidates who areunfit or unqualified. He should exposewithout fear or favor before the SC corruptor dishonest conduct in the profession andshould not hesitate to accept professionalemployment against a lawyer who haswronged his client. (Agpalo)

Rule 7.03 - A lawyer shall not engage inconduct that adversely reflects on hisfitness to practice law, nor shall he,whether in public or private life, behave in ascandalous manner to the discredit of thelegal profession.

In a disbarment proceeding, it is immaterialthat the complainant is aware of his maritalstatus or that he was not caught in paridelicto because this is not a proceeding togrant relief to the complainant but one topurge the law profession of unworthymembers, to protect the public and thecourt. Possession of good moralcharacter is not only a conditionprecedent to admission to the legalprofession, but its continued possessionis essential to maintain one’s goodstanding in the profession. (Zaguirre v.Castillo, 398 SCRA 659 (2003))

Being a member of the profession charges alawyer with the responsibility to stand as ashield in the defense of what is right … [andfor] such positive qualities of decency,truthfulness and responsibility that havebeen compendiously described as “moralcharacter”. (Tapucar v. Tapucar, A.C. No.4148, July 30, 1998)

CANON 8 - A LAWYER SHALL CONDUCTHIMSELF WITH COURTESY, FAIRNESSAND CANDOR TOWARDS HIS

PROFESSIONAL COLLEAGUES, ANDSHALL AVOID HARASSING TACTICSAGAINST OPPOSING COUNSEL.

Rule 8.01 - A lawyer shall not, in hisprofessional dealings, use language whichis abusive, offensive or otherwise improper.

Any undue ill-feeling between clientsshould not influence counsels in theirconduct and demeanor toward eachother. While lawyers owe entire devotion tothe interest of their clients, their office doesnot permit violation of the laws or anymanner of fraud or chicanery. (Reyes v.Chiong, Jr., 405 SCRA 212)

Rule 8.02 - A lawyer shall not, directly orindirectly, encroach upon the professionalemployment of another lawyer, however, itis the right of any lawyer, without fear orfavor, to give proper advice and assistanceto those seeking relief against unfaithful orneglectful counsel.

When there is conflict of opinions betweentwo lawyers jointly associated in a case, theclient should decide. The decision shouldbe accepted unless the nature of thedifference makes it impracticable for thelawyer whose judgment has been overruledto cooperate effectively. In this event, it ishis/her duty to ask client to relievehim/her. (Agpalo)

Before taking over a case handled by apeer in the Bar, a lawyer is enjoined toobtain the conformity of the counselwhom he would substitute. And if thiscannot be had then he should, at the veryleast, give notice to such lawyer of thecontemplated substitution. (In re ClementeM. Soriano, G.R. No. L-24114, June 30,1970)

Related rule: Code of Professional Ethics,Canon 9. Counsel cannot negotiate,interview nor even correspond directly withopposite party, in the absence of opposingcounsel.

Although aware that the students wererepresented by counsel, respondentattorney proceeded nonetheless, tonegotiate with them and their parentswithout at the very least communication totheir lawyers…This failure whether bydesign or because of oversight is aninexcusable violation. (Camacho v.


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Pagulayan et al, A.C. No. 4807, March 22,2000)

CANON 9 - A LAWYER SHALL NOT,DIRECTLY OR INDIRECTLY, ASSIST INTHE UNAUTHORIZED PRACTICE OFLAW.

Merely passing the bar does not allow oneto engage in the practice of law. Dispensinglegal advice and signing of pleadings priorto taking the lawyer’s oath constitutes anunauthorized practice of law. It is thesigning of the roll of attorneys thatmakes one a full-pledged lawyer. Topractice law sans any authority shows amoral unfitness to be a member of thePhilippine Bar. (Aguirre v. Rana, 403 SCRA342 (2003))

Lawyers in government service areprohibited to engage, during theirincumbency thereof, in the privatepractice of their profession unlessauthorized by the constitution or law andprovided that such practice will not conflictor tend to conflict with their officialfunctions. Private practice does notpertain to an isolated court appearance.It refers to a succession of acts of thesame nature of habitually orcustomarily holding one’s self to thepublic as a lawyer. (OCA v. Ladaga, 350SCRA 326)

NOTE: Private practice does not pertain toan isolated court appearance; rather, itcontemplates a succession of acts of thesame nature habitually or customarilyholding one’s self to the public as a lawyer.Thus, pro-bono appearances may beallowed by the Court in special instances.

Rule 9.01 - A lawyer shall not delegate toany unqualified person the performance ofany task which by law may only beperformed by a member of the bar in goodstanding.

A lawyer is prohibited from taking aspartner or associate any person who isnot authorized to practice law – toappear in court or to sign pleadings.

A lawyer, who is under suspension frompractice of law is not a member of the Barin good standing. A lawyer whose authorityto practice has been withdrawn due to achange in citizenship or allegiance to the

country cannot appear before the courts.(Guballa v. Caguioa, 78 SCRA 302)

Rule 9.02 - A lawyer shall not divide orstipulate to divide a fee for legal serviceswith persons not licensed to practice law,except:a) Where there is a pre-existing agreement

with a partner or associate that, uponthe latter's death, money shall be paidover a reasonable period of time to hisestate or to persons specified in theagreement

b) Where a lawyer undertakes to completeunfinished legal business of a deceasedlawyer; or

c) Where a lawyer or law firm includesnon-lawyer employees in a retirementplan even if the plan is based in wholeor in part, on a profit sharingagreement.

Non-lawyers may appear before the NLRCor any labor arbiter. Granted that theyacted as legal representatives, they are stillnot entitled to receive professional fees.The statutory rule that an attorney shallbe entitled to have and recover from hisclient a reasonable compensation orremuneration for the services they haverendered presupposes the existence ofan attorney-client relationship. Such arelationship cannot, however, exist whenthe client’s representative is a non-lawyer.(Five J Taxi v. NLRC, 235 SCRA 556)

IV.Lawyer’s Duties to the Courts

Canon 10: Observe Candor, Fairness andGood FaithCanon 11: Respect Courts and JudicialOfficersCanon 12: Assist in Speedy and EfficientAdministration of JusticeCanon 13: Refrain from Act GivingAppearance of Influence

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

A counsel’s assertiveness to espouse withcandor and honesty his client’s cause isindeed laudable and commendatory. Hisinsistence to pursue his client’s positiondespite its patent futility should not,however, be countenanced. It is the duty ofa counsel to advise his client, a layman, of


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the complexities of the law as well as themerit or lack thereof of his client’s case.Upholding the cause of justice issuperior to a lawyer’s duty to his client.(Cobb Perez v. Lantin, 24 SCRA 291 (1968))

The oath to which all lawyers have solemnlysubscribed to is not merely a ceremony orformality that can afterwards be dispensedwith at one’s whim or pleasure. It is asacred trust that lawyers must upholdand keep inviolable. A lawyer should notallow himself to become an instrument inthe perpetration of fraud nor should heallow anyone to deceive the court. (TingUmali v. Torres, 427 SCRA 108 (2004))

Rule 10.01 - A lawyer shall not do anyfalsehood, nor consent to the doing of anyin Court, nor shall he mislead or allow theCourt to be misled by an artifice.

A lawyer should not conceal the truth fromthe court, nor mislead the court in anymanner no matter how demanding hisduties to clients may be. (Agpalo)

RATIONALE:The burden cast on the judiciary wouldbe intolerable if it could not take at facevalue what is asserted by counsel. Thetime that will have to be devoted just to thetask of verification of allegations submittedcould easily be imagined. Even with duerecognition then that counsel is expected todisplay the utmost zeal in defense of aclient’s cause, it must never be at theexpense of deviation from the truth. (Muñozv. People, 53 SCRA 190)

A lawyer must be a disciple of truth. Heswore upon his admission to the bar thathe will “do no falsehood nor consent to thedoing of any in court” and he shall “conducthimself as a lawyer according to the best ofhis knowledge and discretion with all goodfidelity as well to the courts as to hisclients.” (Young v. Batuegas, 403 SCRA 123(2003))

Though his explanation appears to be amere afterthought there is the assumptionof good faith in favor of respondent.Moreover, judging from the awkwardly-worded petition and even his compliancequite indicative of either carelessness orlack of proficiency in the handling of theEnglish language, it isn’t unreasonable toassume that his deficiency in the mode ofexpression contributed to the inaccuracy of

his statements. Every member of the barshould realize that candor in thedealings with the court is the veryessence of honorable membership in theprofession. (Cuaresma v. Daguis, 63 SCRA257 (1975))

Rule 10.02 - A lawyer shall not knowinglymisquote or misrepresent the contents of apaper, the language or the argument ofopposing counsel, or the text of a decisionor authority, or knowingly cite as law aprovision already rendered inoperative byrepeal or amendment, or assert as a factthat which has not been proved.

The Court believes it is more a result ofclerical ineptitude than deliberate attemptto mislead. The Companies have the primafacie right to rely on the quotation as itappears on respondent judge’s decision.However, the Court articulates its firm viewthat in citing this Court’s decision andrulings, it is the bounden duty of courts,judges and lawyers to reproduce or copythe same word-for-word and punctuationmark-for-punctuation mark. Only fromthis Tribunal’s decisions and rulings do allother courts, as well as lawyers andlitigants, take their bearings. Ever presentis the danger that if not faithfully andexactly quoted, the decisions and rulingsof this Court may lose their proper andcorrect meaning. (Insular Life EmployeesCo. v. Insular Life Association, 37 SCRA 1(1970))

Rule 10.03 - A lawyer shall observe therules of procedure and shall not misusethem to defeat the ends of justice.

Related statutory basis: Rule 138, Sec.20(d) Duties of attorneys. It is the duty of anattorney(d) to employ, for the purpose of

maintaining the causes confided to him,such means only as are consistent withtruth and honor, and never seek tomislead the judge or any judicial officerby an artifice or false statement of factof law.

Procedural rules are instruments in thespeedy and efficient administration ofjustice. They should not be used to derailsuch ends. They should not misuse them,as by filing multiple petitions regarding thesame cause of action or by deliberatelymisreading the law to seek a reopening of acase long decided. (Agpalo)


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CANON 11 - A LAWYER SHALL OBSERVEAND MAINTAIN THE RESPECT DUE TOTHE COURTS AND JUDICIAL OFFICERSAND SHOULD INSIST ON SIMILARCONDUCT BY OTHERS.

Rule 11.01 - A lawyer shall appear in courtproperly attired.

Respect begins with the lawyer’s outwardphysical appearance in court. Sloppy orinformal attire adversely reflects on thelawyer and demeans the dignity andsolemnity of court proceedings. (Agpalo)

TRADITIONAL ATTIRES:Males: Long-sleeve Barong Tagalog or coatand tieFemales: Semi-formal attires.Judges also appear in the same attire inaddition to black robes.

Courts have ordered a male attorney towear a necktie and have prohibited a femaleattorney from wearing a hat. However, thepermission of a dress whose hemline wasfive inches above the knee was held to beacceptable as such “had become anaccepted mode of dress even in places ofworship.” (Aguirre)

Rule 11.02 - A lawyer shall punctuallyappear at court hearings.

Inexcusable absence from, or repeatedtardiness in, attending a pre-trial orhearing may subject the lawyer todisciplinary action as his actions showingdisrespect to the court make him guilty ofcontemptuous behavior. (Agpalo)

Non-appearance at hearings on the groundthat the issue to be heard has become mootand academic [prisoner has been releasedin a petition for habeas corpus] is a lapse injudicial propriety. (De Gracia v. Warden ofMakati, G.R. No. L-42032, January 9, 1976)

Rule 11.03 - A lawyer shall abstain fromscandalous, offensive or menacing languageor behavior before the courts.

The language of a lawyer, both oral andwritten, must be respectful and restrainedin keeping with the dignity of the legalprofession and with his behavioral attitudetoward his brethren in the profession. Theuse of abusive language by counselagainst the opposing counsel constitutes

at the same time a disrespect to thedignity of the court justice. Moreover, theuse of impassioned language in pleadings,more often than not, creates more heatthan light. (Buenaseda v. Flavier, 226 SCRA645 (1993))

Lawyers have the right to expose theshortcomings and indiscretion of the courtsand judges, but it must be exercised inproperly respectful terms and only throughlegitimate channels. They cannot resortto scurrilous remarks that have thetendency to degrade the courts anddestroy the public confidence in them.(In re Almacen, 31 SCRA 562)

The Court does not close itself to commentsand criticisms so long as they are fairand dignified. Going beyond the limits offair comments by using insulting,disparaging and, intemperate languagenecessitates and warrants a rebuke fromthe Court. While it is expected of lawyers toadvocate their client’s cause, they are not atliberty to resort to arrogance, intimidationand innuendo. (Sangalang v. IAC, 177SCRA 87)

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

The rule allows such criticism so long as itis supported by the record or it is materialto the case. A lawyer’s right to criticizethe acts of courts and judges in a properand respectful way and throughlegitimate channels is well recognized.The cardinal condition of all such criticismis that it shall be bona fide, and shall notspill over the wall of decency and propriety.(Agpalo)

The court will not hesitate to sanctionpersons who recklessly and nonchalantlyimpute ill motives that are nothing butunfounded speculations. Any seriousaccusation against a judicial officer thatis utterly baseless, unsubstantiated andunjustified shall not be countenanced.(Go v. Abrogar, 485 SCRA 457)

Rule 11.05 - A lawyer shall submitgrievances against a Judge to the properauthorities only.

Statutory basis: 1987 Constitution, Art.VIII, Sec. 6. The Supreme Court shall have


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administrative supervision over all courtsand the personnel thereof.

The duty to respect does not preclude alawyer from filing administrative complaintsagainst erring judges, or from acting ascounsel for clients who have legitimategrievances against them.

The lawyer shall not file an administrativecase until he has exhausted judicialremedies which result in a finding that thejudge has gravely erred. (Agpalo)

Where a criminal complaint against a judgeor other court employees arises from theiradministrative duties, the Ombudsmanmust defer action on said complaint andrefer the same to the SC for determinationwhether said judges or court employeesacted within the scope of theiradministrative duties. Otherwise, in theabsence of any administrative action,the investigation being conducted by theOmbudsman encroaches into the Court’spower of administrative supervision overall courts and its personnel, in violationof the doctrine of separation of powers.(Maceda v. Vasquez, 221 SCRA 464 (1993))

CANON 12 - A LAWYER SHALL EXERTEVERY EFFORT AND CONSIDER IT HISDUTY TO ASSIST IN THE SPEEDY ANDEFFICIENT ADMINISTRATION OFJUSTICE.

Statutory basis: 1987 Constitution, Art. III,Sec 6. All persons shall have the right to aspeedy disposition of their cases before alljudicial, quasi-judicial, or administrativebodies.

Rule 138, Sec 20(g). Duties of attorneys. – Itis the duty of an attorney…g) not to encourage either thecommencement or the continuance of anaction or proceeding, or delay any man’scause, from any corrupt motive or interest.

Rule 12.01 - A lawyer shall not appear fortrial unless he has adequately preparedhimself on the law and the facts of his case,the evidence he will adduce.

Without adequate preparation, the lawyermay not be able to effectively assist thecourt in the efficient administration ofjustice. Non-observance of this rule mightresult in:

o The postponement of the pre-trial orhearing, which would thus entail delayin the early disposition of the case

o The judge may consider the client non-suited or in default

o The judge may consider the casedeemed submitted for decision withoutclient’s evidence, to his prejudice.(Agpalo)

Half of the work of the lawyer is done in theoffice. It is spent in the study and research.Inadequate preparation obstructs theadministration of justice. (Martin’s LegalEthics, p. 47, 1988 ed.)

A newly hired counsel who appears in acase in the midstream is presumed andobliged to acquaint himself with all theantecedent processes and proceedings thathave transpired in the record prior to histakeover. (Villasis v. Court of Appeals, 60SCRA 120)

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

RATIONALE:There is an affirmative duty of a lawyer tocheck against useless litigations. Hissignature in every pleading constitutes acertificate by him that to the best of hisknowledge there is a good ground tosupport it and that it is not to interposefor delay. The willful violation of this rulemay subject him to (1) appropriatedisciplinary action or (2) render him liablefor the costs of litigation. (Agpalo)

FORUM SHOPPING1. Going from one court to another in the hope

of securing a favorable relief in one court,which another court has denied

2. Filing repetitious suits or proceeding indifferent courts concerning the same subjectmatter after one court has decided the suitwith finality.

3. Filing a similar case in a judicial court afterreceiving an unfavorable judgment from anadministrative tribunal.

Forum shopping is prohibited by Supreme CourtCircular No. 28-91, which is now integrated inthe Rules of Civil Procedure.

RULES OF COURT, RULE 7, SEC. 5:The plaintiff or principal party shall certifyunder oath in the complaining or otherinitiatory pleading asserting a claim forrelief, or in a sworn certification annexed


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thereto and simultaneously filed therewiththat:

1. he has not theretofore commenced anyaction or filed any claim involving thesame issues in any court, tribunal orquasi-judicial agency and, to the best ofhis knowledge, no such other action orclaim is pending therein; if there is suchother pending action or claim, acomplete statement of the presentstatus thereof; and

2. if he should thereafter learn that thesame or similar action or claim hasbeen filed or is pending, he shall reportthat fact within five days there from tothe court wherein his aforesaidcomplaint or initiatory pleading hasbeen filed.

Failure to comply with the foregoingrequirements shall not be curable by mereamendment of the complaint or otherinitiatory pleading but shall cause for thedismissal of the case without prejudice,unless otherwise provided, upon motionafter hearing.

The submission of a false certification ornon-compliance with any of theundertakings in a certification of no forumshopping -1) shall constitute indirect contempt of

court2) without prejudice to the corresponding

administrative and criminal actions

If the acts of the party or his counsel clearlyconstitute willful and deliberate forumshopping, the same shall be:1) ground for summary dismissal with

prejudice;2) and shall constitute direct contempt;3) cause for administrative sanctions

Rule 12.03 - A lawyer shall not, afterobtaining extensions of time to filepleadings, memoranda or briefs, let theperiod lapse without submitting to thesame or offering an explanation for hisfailure to do so.

The court censures the practice of counselswho secures repeated extensions of time tofile their pleadings and thereafter simply letthe period lapse without submitting thepleading on even an explanation ormanifestation of their failure to do so.There exists a breach of duty not only to

the court but also to the client.(Achacoso v. Court of Appeals, 51 SCRA424)

Rule 12.04 - A lawyer shall not undulydelay a case, impede the execution of ajudgment or misuse Court processes.

It is one thing to exert to the utmost one’sability to protect the interest of one’s client.It is quite another thing to delay if notdefeat the recovery of what is justly dueand demandable due to the misleadingacts of a lawyer. (Manila Pest Control v.WCC, 25 SCRA 700, 1968)

A judge should be quick enough to preventa lawyer from resorting to dilatory tacticswhich obstruct the administration ofjustice. (People v. Jardin, 124 SCRA 167)

Rule 12.05 - A lawyer shall refrain fromtalking to his witness during a break orrecess in the trial, while the witness is stillunder examination.

RATIONALE:Purpose is to prevent the suspicion that heis coaching the witness what to say duringthe resumption of the examination; touphold and maintain fair play with theother party and to prevent the examininglawyer from being tempted to coach his ownwitness to suit his purpose. (Callanta)

Rule 12.06 - A lawyer shall not knowinglyassist a witness to misrepresent himself orto impersonate another.

CRIMINAL LIABILITYArt. 184, Revised Penal CodeThe lawyer who presented a witnessknowing him to be a false witness iscriminally liable for “Offering FalseTestimony In Evidence”. The lawyer is bothcriminally and administratively liable.

SUBORNATION OF PERJURYSubornation of perjury is committed by aperson who knowingly and willfullyprocures another to swear falsely and thewitness subornated does testify undercircumstances rendering him guilty ofperjury. (US v. Ballena, 18 Phil. 382)

Rule 12.07 - A lawyer shall not abuse,browbeat or harass a witness norneedlessly inconvenience him.


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Related statutory basis: Rule 132, Sec. 3.Rights and obligations of a witness. Awitness must answer questions, althoughhis answer may tend to establish a claimagainst him. However, it is the right of awitness:

o To be protected from irrelevant,improper, or insulting questions, andfrom harsh or insulting demeanor;

o Not to be detained longer than theinterests of justice require;

o Not to be examined except only as tomatters pertinent to the issue;

o Not to give an answer which will tend tosubject him to a penalty for an offenseunless otherwise provided by law; or

o Not to give an answer which will tend todegrade his reputation, unless it be tothe very fact at issue or to a fact fromwhich the fact in issue would bepresumed. But a witness must answerto the fact of his previous conviction foran offense.

Rule 12.08 - A lawyer shall avoid testifyingin behalf of his client, except:(a) on formal matters, such as the mailing,

authentication or custody of aninstrument, and the like; or

(b) on substantial matters, in cases wherehis testimony is essential to the ends ofjustice, in which event he must, duringhis testimony, entrust the trial of thecase to another counsel.

RATIONALE:The underlying reason for theimpropriety of a lawyer acting in suchdual capacity lies in the differencebetween the function of a witness andthat of an advocate. The function of awitness is to tell the facts as he recalls thenin answer to questions. The function of anadvocate is that of a partisan. It is difficultto distinguish between the zeal of anadvocate and the fairness and impartialityof a disinterested witness (Agpalo)

Canon 19 of the Code of Legal Ethicsprovides that “when a lawyer is a witnessfor his client, except as to merely formalmatters. Such as the attestation or custodyof an instrument and the like, he shouldleave the trial of the case to other counsel.Except when essential to the ends ofjustice, a lawyer should avoid testifying incourt in behalf of his client.” (PNB v. UyTeng Piao, 57 Phil 337 (1932))

CANON 13 - A LAWYER SHALL RELYUPON THE MERITS OF HIS CAUSE ANDREFRAIN FROM ANY IMPROPRIETYWHICH TENDS TO INFLUENCE, ORGIVES THE APPEARANCE OFINFLUENCING THE COURT.

Grievances must be coursed through theproper channels in keeping with the respectdue to the Courts as impartialadministrators of justice entitled to proceedto the disposition of its business in anorderly manner, free from outsideinterference obstructive of its functions.Although the freedom of speech and ofassembly are fundamental rightsprotected by the Constitution, anyattempt to influence the courts throughthe exercise of those rights would not bewithin the ambit of such protection.(Nestle Phil v. Sanchez, 154 SCRA 542(1987))

Rule 13.01 - A lawyer shall not extendextraordinary attention or hospitality to,nor seek opportunity for cultivatingfamiliarity with Judges.

Related statutory basis: Code ofProfessional Ethics, Canon 3. A lawyershould avoid marked attention andunusual hospitality to a judge, uncalled forby the personal relations of the parties,because they subject him and the judge tomisconceptions of motives.

Report of IBP Committee, p. 70. In ordernot to subject both the judge and thelawyer to suspicion, the common practiceof some lawyers of making judges andprosecutors godfathers of their childrento enhance their influence and their lawpractice should be avoided by judges andlawyers alike.

It is improper for a litigant or counsel to seea judge in chambers and talk to him abouta matter related to the case pending in thecourt of said judge. (Austria v. Masaquel, 20SCRA 1247)

Rule 13.02 - A lawyer shall not makepublic statements in the media regarding apending case tending to arouse publicopinion for or against a party.

RATIONALE:Newspaper publications regarding apending or anticipated litigation may


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interfere with a fair trial, prejudice theadministration of justice, or subject arespondent or a accused to a trial bypublicity and create a public inference ofguilt against him (Agpalo)

It is bad enough to have such unduepublicity when a criminal case is beinginvestigated by the authorities, even whenit is being tried in court; but when saidpublicity is encouraged when the case ison appeal and is pending considerationby this court, the whole thing becomesinexcusable, even abhorrent. (Cruz v. Salva,105 Phil 1151 (1951))

Rule 13.03 - A lawyer shall not brook orinvite interference by another branch oragency of the government in the normalcourse of judicial proceedings.

BASIS:The principle of separation of powers(Aguirre)

Related rule: Rule 11.05. A lawyer shallsubmit grievances against a Judge to theproper authorities only.

V. Lawyer’s Duties to the Client

Canon 14: Service to the NeedyCanon 15: Observe Candor, Fairness,LoyaltyCanon 16: Hold in Trust Client’s Moneysand PropertiesCanon 17: Trust and ConfidenceCanon 18: Competence and DiligenceCanon 19: Representation with ZealCanon 20: Attorney’s FeesCanon 21: Preserve Client’s ConfidenceCanon 22: Withdrawal of Services for GoodCause

The nature of lawyer-client relationship ispremised on the Roman Law concepts of:

1) location conduction operarum (contractof lease and services) where one personlends his services and another hiresthem without reference to the object ofwhich the services are to be performed,wherein lawyers’ services may becompensated by honorarium

2) mandato (contract of agency) wherein afriend on whom reliance could be placedmakes a contract in his name, but givesup all that he gained by the contract tothe person who requested him. (Regala

v. Sandiganbayan, G.R. No. 105938,September 20, 1996)

Character: Strictly personal Highly confidential Fiduciary

Creation:

Oral – when without written agreement,but the conditions and amount ofattorney’s fee are agreed upon

Express – when the terms andconditions including the amount of fee,are explicitly stipulated in a writtendocument which may be private orpublic. Written contract is the lawbetween the lawyer and the client.

Implied – when there is neither oral norexpress, but the client allowed thelawyer to render legal services notintended to be gratuitous withoutobjection, and the client is benefited

Formality is not an essential requirement ofthe employment of an attorney. Theabsence of a written contract will notpreclude a finding that there is aprofessional relationship.

RETAINERMay refer to two concepts.

It may refer to the act of a client by whichengages the services of the attorney to renderlegal advice, or

to defend or prosecute his cause in court.

A general retainer is one the purpose of which isto secure before hand the services of an attorneyfor any legal problem that may afterward arise. Aspecial retainer has reference to a particularcase or service.

Retainer feeThe word “retainer” may also refer to the feewhich a client pays to an attorney when thelatter is retained known as retaining fee. Aretaining fee is a preliminary fee paid to insureand secure his future services, to remuneratehim for being deprived, by being retained by oneparty, of the opportunity of rendering services tothe other party and of receiving pay from him,and the payment of such fee, in the absence ofan agreement on the contrary, is neither madenor received in consideration of the servicescontemplated.

It is apart from what the client has agreed to payfor the services which he has retained him toperform. Its purpose is to prevent unduehardship on the part of the attorney resulting


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from the rigid observance of the rule forbiddinghim from acting as counsel for the other partyhas been retained by or has given professionaladvice to the opposite party.

CANON 14 - A LAWYER SHALL NOTREFUSE HIS SERVICES TO THE NEEDY.

Rule 14.01 - A lawyer shall not decline torepresent a person solely on account of thelatter’s race, sex, creed or status of life, orbecause of his own opinion regarding theguilt of said person.

Related rule: Rule 138, Sec. 20 (i), Duties ofattorneys.

In the defense of a person accused of acrime, by all fair and honorable means,regardless of his personal opinion as to theguilt of the accused, to present everydefense that the law permits, to the endthat no person may be deprived of life,liberty, or property.

Rule 14.02 - A lawyer shall not decline,except for serious and sufficient cause, anappointment as counsel de oficio or asamici curiae, or a request from theIntegrated Bar of the Philippines or any ofits chapters for rendition of free legal aid.

Related rule: Rule 2.01. A lawyer shall notreject, except for valid reasons, the cause ofthe defenseless or the oppressed.

Rule 138, Sec. 20 (h), Duties of attorneys. Itis the duty of an attorney…never to reject,for any consideration personal to himself,the cause of the defenseless or oppressed;

Rule 138, Sec. 31 Attorney’s for destitutelitigants. A court may assign an attorney torender professional aid free of charge to anyparty in a case, if upon investigation itappears that the party is destitute andunable to employ an attorney, and that theservices of counsel are necessary to securethe ends of justice and to protect the rightsof the party. It shall be the duty of theattorney so assigned to render the requiredservice, unless he is excused therefrom bythe court for sufficient cause shown.

COUNSEL DE OFICIOA counsel, appointed or assigned by the court,from among such members of the bar in goodstanding who by reason of their experience andability, may adequately defend the accused.

Who may be appointed:1) a member of the bar in good standing2) in localities without lawyers, any person of

good repute for probity and ability

P.D. 543 (1974) authorized the designation ofmunicipal judges and lawyers in any branch ofthe government service to act as counsel deoficio for the accused who are indigent in placeswhere there are no available practicing lawyers.

Appointed by court depending on:o the gravity of the offenseo the difficulty of the questions that may ariseo the experience and ability of the appointee.

AMICUS CURIAEA friend of the court;” a “bystander” usually acounselor who interposes or volunteersinformation upon some matter of law in regardto which the judge is doubtful or mistaken.(Agpalo)

Experienced and impartial attorneys invited bythe Court to help in the disposition of issuessubmitted to it.

Rule 14.03 - A lawyer may refuse to acceptrepresentation of an indigent client if:a) he is not in a position to carry out the

work effectively or competentlyb) he labors under a conflict of interests

between him and the prospective clientor between a present client and theprospective client.

For he did betray by his moves his lack ofenthusiasm for the task entrusted to him,to put matters mildly. He did point thoughto his responsibility as an electionregistrar… [but] there is not likely atpresent, and in the immediate future, anexorbitant demand on his time. It maylikewise be assumed, considering what hasbeen set forth above, that petitioner wouldexert himself sufficiently to perform histask as defense counsel with competence, ifnot with zeal, if only to erase doubts as tohis fitness to remain a member of theprofession in good standing. (Ledesma v.Climaco, 57 SCRA 473 (1974))

Rule 14.04 - A lawyer who accepts thecause of a person unable to pay hisprofessional fees shall observe the samestandard of conduct governing his relationswith paying clients.

If a lawyer volunteers his services to aclient, and therefore not entitled toattorney’s fees, nevertheless, he isbound to attend to a client’s case with


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all due diligence and zeal. By volunteeringhis services, he has established a client-lawyer relationship. (Blanza v. Arcangel, 21SCRA 1)

CANON 15 - A LAWYER SHALL OBSERVECANDOR, FAIRNESS AND LOYALTY INALL HIS DEALINGS AND TRANSACTIONSWITH HIS CLIENTS.

Rule 15.01 - A lawyer, in conferring with aprospective client, shall ascertain as soonas practicable whether the matter wouldinvolve a conflict with another client or hisown interest, and if so, shall forthwithinform the prospective client.

Rule 15.02 - A lawyer shall be bound bythe rule on privileged communication inrespect of matters disclosed to him by aprospective client.

Related statutory basis: Revised PenalCode, Art. 209. Betrayal of trust by anattorney. or solicitor. - Revelation of Secrets.In addition to the proper administrativeaction x x x shall be imposed upon anattorney-at-law or solicitor (procuradorjudicial) who, by any malicious breach ofprofessional duty or of inexcusablenegligence or ignorance, shall prejudice hisclient, or reveal any of the secrets of thelatter learned by him in his professionalcapacity.

PRIVILEGED COMMUNICATION - Anattorney cannot, without the consent of hisclient, be examined as to anycommunication made by the client to himor his advice given thereon in the course ofprofessional employment; nor can anattorney’s secretary, stenographer, or clerkbe examined, without the consent of theclient and his employer, concerning anyfact the knowledge of which has beenacquired in such capacity.

Requisites of Privileged Communication(Rule 130, Section 24 (b) of the RRC):1) There is an attorney-client relationship

or a kind of consultancy requirementwith a prospective client;

2) The communication was made by theclient to the lawyer in the course of thelawyer’s professional employment;

3) The communication must be intendedto be confidential.

Exceptions to privilege (Aguirre):1) When a lawyer is accused by the client

and he needs to reveal information todefend himself

2) When the client discloses the intentionto commit a crime or unlawful act.(Future crime)

Doctrine of imputed knowledge is based onthe assumption that an attorney, who hasnotice of matter affecting his client, hascommunicated the same to his principal inthe course of professional dealings. Thedoctrine applies regardless of whether ornot the lawyer actually communicated tothe client what he learned in hisprofessional capacity, the attorney and hisclient being one judicial person.

For attorney-client privilege to apply,however, the period to be considered isthe date when the privilegedcommunication was made by the clientto the attorney in relation to either acrime committed in the past or with respectto a crime intended to be committed in thefuture (if past, privilege applies; if future,does not apply). In order that acommunication between a lawyer and hisclient be privileged, it must be for a lawfulpurpose or in the furtherance of a lawfulend. (People v. Sandiganbayan, 275 SCRA505 (1996))

Rule 15.03 - A lawyer shall not representconflicting interests except by writtenconsent of all concerned given after a fulldisclosure of the facts.

GENERAL RULE 1: A lawyer may notrepresent two opposing parties at any pointin time.

A lawyer need not be the counsel-of-recordof either party. He does not have to publiclyhold himself as the counsel of the adverseparty nor make efforts to advance theadverse party’s conflicting interests ofrecord. It is enough that the counsel hada hand in the preparation of the pleadingof one party.

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

CONFLICT OF INTERESTThere is duty to contend for that which duty toanother client requires him to oppose.

Tests to determine conflict of interest1) When there are conflicting duties


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2) When the acceptance of the new relationsinvites or actually lead to unfaithfulness ordouble-dealing to another client

3) When the attorney will be called upon to useagainst his first client any knowledgeacquired in the previous employment

NOTE: The test to determine whether there is aconflict of interest in the representation isprobability, not certainty of conflict

Effects of representing adverse interests1) Disqualification as counsel on new case2) If prejudicial to interests of latter client, a

judgment against may be set aside3) Administrative and criminal (for betrayal of

trust) liability4) Fees may not be paid

GENERAL RULE 2: A lawyer must name theidentity of all his clients, when sodemanded.

o The Court has a right to know that theclient whose privileged information issought to be protected is flesh andblood.

o The mantle of privileged communicationbegins to exist only after the attorney-client relationship has been established.The privilege does not attach until thereis a client.

o The privilege pertains to the subjectmatter of the relationship.

o Due process considerations require thatthe opposing party should know hisadversary. (Metaphor: He cannot beobliged to grope in the dark againstunknown forces.)

EXCEPTION: He may refuse to divulge thename or identity of his client1) Where a strong probability exists that

revealing the client’s name wouldimplicate the client in the very activityfor which he sought the lawyer’s advice.

2) Where disclosure would open the clientto civil liability.

3) Where the government’s lawyers haveno case against an attorney’s clientunless by revealing the client’s name,i.e., the said name would furnish theonly link that would form the chain oftestimony necessary to convict anindividual of a crime.

Information relating to the identity of theclient may fall within the ambit of theprivilege when the client’s name itselfhas an independent significance, suchthat disclosure would then reveal client

confidences. (Regala v. Sandiganbayan,262 SCRA 122 (1996))

Rule 15.04 - A lawyer may, with thewritten consent of all concerned, act asmediator, conciliator or arbitrator insettling disputes.

An attorney’s knowledge of the law and hisreputation for fidelity may make it easy forthe disputants to settle their differencesamicably. However, he shall not act ascounsel for any of them. (Agpalo)

Rule 15.05 - A lawyer when advising hisclient shall give a candid and honestopinion on the merits and probable resultsof the client’s case, neither overstating norunderstanding the prospects of the case.

Related statutory basis: Code ofProfessional Ethics, Canon 8. Beforeanswering his client’s question, a lawyershould endeavor to obtain full knowledge ofhis client’s cause. It is only after he shallhave studied the case that he should advisehis client on the matter.

A lawyer is bound to give candid andhonest opinion on the merit or lack of meritof client’s case, neither overstating norunderstating the prospect of the case. Heshould also give an honest opinion as to theprobable results of the case, with the end inview of promoting respect for the law andthe legal processes. (Agpalo)

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

This rule protects against influencepeddling. Some prospective clients securethe services of a particular lawyer or lawfirm precisely because he can exert a lot ofinfluence on a judge and some lawyersexact big fees for such influence (Agpalo)

Rule 15.07 - A lawyer shall impress uponhis client compliance with the laws and theprinciples of fairness.

Related statutory basis: Civil Code, Art. 19.Every person must, in the exercise of hisrights and in the performance of his duties,act with justice, give everyone his due andobserve honesty and good faith.


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Rule 15.08 - A lawyer who is engaged inanother profession or occupationconcurrently with the practice of law shallmake clear to his client whether he isacting as a lawyer or in another capacity.

GENERAL RULE: Exercise of dualprofession is not prohibited but a lawyermust make it clear when he is acting asa lawyer and when he is otherwise,especially in occupations related to thepractice of law. Reason: certain ethicalconsiderations may be operative in oneprofession and not in the other. (Agpalo)

A lawyer is not barred from dealing with hisclient but the business transaction must becharacterized with utmost honesty andgood faith. Business transactions betweenan attorney and his client are disfavoredand discouraged by policy of law becauseby virtue of a lawyer’s office, he is an easyposition to take advantage of the credulityand ignorance of his client. Thus, there isno presumption of innocence orimprobability of wrongdoing in favor oflawyers. (Nakpil v. Valdez, 286 SCRA 758(1998))

CANON 16 - A LAWYER SHALL HOLD INTRUST ALL MONEY’S AND PROPERTIESOF HIS CLIENT THAT MAY COME INTOHIS POSSESSION.

Related statutory basis: Civil Code, Art.1491. “The following persons cannotacquire or purchase, even at public orjudicial auction, either in person or throughthe mediation of another

(5) lawyers, with respect to the property andrights which may be the object of anylitigation in which they take part by virtueof their profession.”

o Attorney-client relationshipo Property or interest is in litigationo Attorney takes part as counsel in the

caseo Purchase, acquisition by attorney, by

himself or through another, duringpendency of litigation

PROHIBITION INCLUDES MORTGAGE OFPROPERTY IN LITIGATION to the lawyer. Inthis case, acquisition is merely postponeduntil foreclosure but effect is the same. Italso includes assignment of property(Ordonio v. Eduarte, 207 SCRA 229)

[T]he purchase by a lawyer of theproperty in litigation from his client iscategorically prohibited by Article 1491,paragraph (5) of the Philippine CivilCode, and that consequently, plaintiff'spurchase of the property in litigation fromhis client (assuming that his client couldsell the same since as already shown above,his client's claim to the property wasdefeated and rejected) was void and couldproduce no legal effect, by virtue of Article1409, paragraph (7) of our Civil Code whichprovides that contracts “expresslyprohibited or declared void by law' are"inexistent and that “(T)hese contractscannot be ratified. Neither can the right toset up the defense of illegality be waived.” xx x Article 1491 of our Civil Code (likeArticle 1459 of the Spanish Civil Code)prohibits in its six paragraphs certainpersons, by reason of the relation of trustor their peculiar control over theproperty… (Rubias v. Batiller, G.R. No. L-35702 May 29, 1973)

Art.1491 is not applicable:1) When attorney is not counsel in case

involving the same property at the timeof acquisition.

2) When purchaser is a corporation, evenif the attorney was an officer (Tuazon v.Tuazon, 88 Phil. 42)

3) When sale took place after terminationof litigation, except if there was fraud orabuse of confidential information orwhere lawyer exercised undueinfluence.

4) Where property in question is stipulatedas part of attorney’s fees, provided that,the same is contingent upon thefavorable outcome of litigation and,provided further, that the fee must bereasonable.

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

A lawyer, under his oath, pledges himselfnot to delay any man for money or maliceand is bound to conduct himself with allgood fidelity to his clients. He is obligatedto report promptly the money of hisclients that has come into his possession(otherwise a violation of Sec. 25, Rule 138of ROC). He should not commingle itwithout his client’s consent. He shouldmaintain a reputation for honesty andfidelity to private trust. The fact that alawyer has a lien for fees on money in his


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hands would not relieve him from the dutyof promptly accounting for the fundsreceived. (Daroy v. Legaspi (1975))

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

Rule 16.03 - A lawyer shall deliver thefunds and property to his client when dueor upon demand. However,o he shall have a lien over the funds ando may apply so much thereof as may be

necessary to satisfy his lawful fees anddisbursements,

o giving notice promptly thereafter to hisclient. He shall also have a lien to thesame extent on all judgments andexecutions he has secured for his clientas provided for in the Rules of Court.

Related statutory basis: Rule 138, Sec. 37.Attorney’s liens. An attorney shall have alien upon the funds, documents andpapers of his client which have lawfullycome into his possession and may retainthe same until his lawful fees anddisbursements have been paid, and mayapply such funds to the satisfaction thereof.

Money collected by a lawyer in pursuanceof a judgment in favor of his clients is heldin trust and must be immediately turnedover to them. (Businos v. Ricafort, 283 SCRA40 (1997))

CHARGING LIENAn equitable right to have the fees and lawfuldisbursements due a lawyer for his services,secured to him out of a money judgment.

Requisites for validity1) attorney-client relationship2) lawful possession by lawyer of the client’s

funds, documents and papers in hisprofessional capacity

3) unsatisfied claim for attorney’s fees ordisbursements

RETAINING LIENA right merely to retain the funds, documentsand papers of his client which have lawfullycome into his possession and may retain thesame until his lawful fees and disbursementshave been paid.

Requisites for validity1) attorney-client relationship2) attorney has rendered services3) money judgment favorable to the client has

been secured in the action

4) attorney has a claim for attorney’s fees oradvances

5) statement of his claim has been dulyrecorded in the case with notice thereofserved upon the client and adverse party

RETAINING CHARGINGNature Passive lien. It

cannot beactivelyenforced. It isa general lien.

Active lien. Itcan beenforced byexecution. It isa special lien.

Basis Lawfulpossession offunds, papers,documents,propertybelonging toclient

Securing of afavorablemoneyjudgment forclient

Coverage Covers onlyfunds, papers,documents,and propertyin the lawfulpossession ofthe attorneyby reason ofhisprofessionalemployment

Covers alljudgments forthe payment ofmoney andexecutionsissued inpursuance ofsuch judgment

Effectivity As soon as thelawyer getspossession ofthe funds,papers,documents,property

As soon as theclaim forattorney’s feeshad beenentered intothe records ofthe case

Notice Client neednot be notifiedto make iteffective

Client andadverse partyneed tonotified tomake iteffective

Applicability May beexercisedbeforejudgment orexecution, orregardlessthereof

Generally, it isexercisableonly when theattorney hadalreadysecured afavorablejudgment forhis client

Rule 16.04 - A lawyer shall not borrowmoney from his client unless the client’sinterests are fully protected by thenature of the case or by independentadvice. Neither shall a lawyer lend moneyto a client except when, in the interest ofjustice, he has to advance necessaryexpenses in a legal matter he is handlingfor the client.


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The relation of attorney and client is highlyfiduciary in nature and is of a very delicate,exacting and confidential character. Alawyer is duty-bound to observe candor,fairness and loyalty in all his dealings andtransactions with his clients. Theprofession, therefore, demands of anattorney an absolute abdication of everypersonal advantage conflicting in any way,directly or indirectly, with the interest of hisclient. (Barnachea v. Quicho, 399 SCRA 1(2003))

CANON 17 - A LAWYER OWES FIDELITYTO THE CAUSE OF HIS CLIENT AND HESHALL BE MINDFUL OF THE TRUST ANDCONFIDENCE REPOSED IN HIM.

When a lawyer takes a client’s cause, hethereby covenants that he will exert alleffort for its protection until its finalconclusion. The failure to exercise duediligence and the abandonment of a client’scause make such a lawyer unworthy of thetrust which the client has reposed on him.(Cantilller v. Potenciano, 180 SCRA 246(1989))

No lawyer is obliged to act either as adviseror advocate for every person who may wishto become his client. He has the right todecline employment, except as prescribedin Canon 14 of the Code of ProfessionalResponsibility. But once he agrees to takeup the cause of the client…No fear orjudicial disfavor or public unpopularityshould restrain him from the fulldischarge of his duty. (Santiago v. Fojas,248 SCRA 68 (1995))

CANON 18 - A LAWYER SHALL SERVEHIS CLIENT WITH COMPETENCE ANDDILIGENCE.

Rule 18.01 - A lawyer shall not undertakea legal service which he knows or shouldknow that he is not qualified to render.However he may render such service if, withthe consent of his client, he can obtain ascollaborating counsel a lawyer who iscompetent on the matter.

When a lawyer accepts a case, whether fora fee or not, his acceptance is an impliedrepresentation:1) that he possess the requisite degree of

academic learning, skill and ability inthe practice of his profession;

2) that he will exert his best judgment inthe prosecution or defense of thelitigation entrusted to him;

3) that he will exercise reasonable andordinary care and diligence in thepursuit or defense of the case; and

4) that he will take steps as willadequately safeguard his client’sinterests. (Islas v. Platon, 47 Phil. 162)

However well meaning he may be, a lawyercannot ask another lawyer to collaboratewith him in a particular case without theconsent of the client. The fiduciary natureof attorney-client relationship prohibitsthis. (Aguirre)

Some cases involve specialized fields of lawand require special training. A lawyershould not accept an undertaking inspecific area of law which he knows orshould know he is not qualified to enter.(Agpalo)

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

Lawyer should safeguard his client’s rightsand interests by thorough study andpreparation; mastering applicable law andfacts involved in a case, regardless of thenature of the assignment; and keepingconstantly abreast of the latestjurisprudence and developments in allbranches of the law. (Agpalo)

A lawyer should give adequate attention,care and time to his cases. This is thereason why a practicing lawyer shouldaccept only so many cases he canhandle. Once he agrees to handle a case,he should undertake the task withdedication and care. If he should do anyless then he is not true to his oath as alawyer. (Legarda v. CA, G. R. No. 94457,March 18, 1991)

Rule 18.03 - A lawyer shall not neglect alegal matter entrusted to him, and hisnegligence in connection therewith shallrender him liable.

If by reason of the lawyer’s negligence,actual loss has been caused to his client,the latter has a cause of action againsthim for damages. However, for the lawyerto be held liable, his failure to exercisereasonable care, skill and diligence must beproximate cause of the loss. (Callanta)


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Lawyers’ NegligenceGENERAL RULE: Client is bound byattorney’s conduct, negligence and mistakein handling case or in management oflitigation and in procedural technique, andhe cannot be heard to complain that resultmight have been different had his lawyerproceeded differently.

EXCEPTIONS:1) Where it results in outright deprivation

of client’s liberty or property or whereinterest of justice so requires

2) Where error by counsel is purelytechnical which does not affectsubstantially client’s cause

3) Ignorance, incompetence orinexperience of lawyer is so great anderror so serious that client, who hasgood cause is prejudiced and denied aday in court

4) Gross negligence of lawyer5) Lack of acquaintance with technical

part of procedure.

Examples of negligence of attorneys:o Failure of counsel to ask for additional

time to answer a complaint resulting ina default judgment against his client(Mapua v. Mendoza, 45 Phil. 424).

o Failure to bring suit immediately. Whenthe belated suit was filed, the defendanthad already become insolvent andrecovery could no longer be had. Thelawyer was declared liable to the client(Filinvest Land v. CA, 182 SCRA 664).

o Failure to ascertain date of receipt frompost office of notice of decision resultingin the non-perfection of the appellant’sappeal (Joven-De Jesus v. PNB, 12 SCRA447).

o Failure to file briefs within thereglementary period (People v. Cawili,34 SCRA 728).

o Failure to attend to trial without filing amotion for postponement or withoutrequesting either of his two partners inthe law office to take his place andappear for the defendants (Gaerlan v.Bernal, G.R. No. L-4049, Jan. 28, 1952).Failure to appear at pre-trial (Agravantev. Patriarca, 183 SCRA 113).

o Failure of counsel to notify clients of thescheduled trial which prevented thelatter to look to another lawyer torepresent them while counsel was in thehospital (Ventura v. Santos, 59 Phil.123).

o Failure to appear simply because theclient did not go to counsel’s office on

the date of the trial as was agreed upon(Alcoriza v. Lumakang, Adm. Case No.249, November 21, 1978).

o Failure to pay the appellate docket feeafter receiving the amount for thepurpose (Capulong v. Alino, 22 SCRA491).

Instances where the client is not bound bycounsel’s negligence:o In the case of an irresponsible lawyer

who totally forgot about the case andfailed to inform his client of thedecision, the Supreme Court held thatthe client should not be bound by thenegligence of the counsel. (Republic v.Arro, 150 SCRA 630)

o A party is not bound by the actions ofhis counsel in case the gross negligenceof the counsel resulted in the client’sdeprivation of his property without dueprocess (Legarda v. Court of Appeals,195 SCRA 418).

o “Where there is something fishy andsuspicious about the actuations of theformer counsel of petitioners in the caseat bar, in the case he did not give anysignificance at all to the processes of thecourt, which has proven prejudicial tothe rights of said clients, under a lameand flimsy explanation that the courtsprocesses just escaped his attention, itis held that the said lawyer deprived hisclients of their day in court (PHHC v.Tiongco, 12 SCRA 471).

o Application of the rule, “results in theoutright deprivation of one’s propertythrough a technicality.” (Escudero v.Dulay, 158 SCRA 69, 78)

o In the case of an irresponsible lawyerwho totally forgot about the case andfailed to inform his client of thedecision, the Supreme Court held thatthe client should not be bound by thenegligence of the counsel. (Republic vs.Arro, et al., 150 SCRA 630)

Rule 18.04 - A lawyer shall keep the clientinformed of the status of his case and shallrespond within a reasonable period of timeto the client’s request for information.

It was unnecessary to have complainantswait, and hope, for six long years on theirpension claims. Upon their refusal to co-operate, respondent should haveforthwith terminated their professionalrelationship instead of keeping themhanging indefinitely. (Blanza v. Arcangel,supra)


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CANON 19 - A LAWYER SHALLREPRESENT HIS CLIENT WITH ZEALWITHIN THE BOUNDS OF LAW.

Rule 19.01 - A lawyer shall employ onlyfair and honest means to attain the lawfulobjectives of his client and shall notpresent, participate in presenting orthreaten to present unfounded criminalcharges to obtain an improper advantage

Related statutory basis: Rule 138, Sec.20(d). Duties of attorneys. It is the duty ofan attorney…to employ, for the purpose ofmaintaining the causes confided to him,such means only as are consistent withtruth and honor, and never seek to misleadthe judge or any judicial officer by anartifice or false statement of fact or law.

Rule 19.02 - A lawyer who has receivedinformation that his client has, in thecourse of the representation, perpetuated afraud upon a person or tribunal, shallpromptly call upon the client to rectify thesame, and failing which he shall terminatethe relationship with such client inaccordance with the Rules of Court.

Related rule: Canon 21. A lawyer shouldnot allow his client to perpetuate fraud.However, the lawyer shall not volunteer theinformation about the client’s commissionof the fraud to anyone for that will runcounter to his duty to maintain at all timesthe client’s confidences and secrets.

This rule merely requires the lawyer toterminate his relationship with the client inthe event the latter fails or refuses to rectifythe fraud. (Agpalo)

Rule 19.03 - A lawyer shall not allow hisclient to dictate the procedure in handlingthe case.

Related statutory basis: Rule 138, Sec. 23.Authority of attorneys to bind clients.Attorneys have authority to bind theirclients in any case by any agreement inrelation thereto made in writing, and intaking appeals, and in all matters ofordinary judicial procedure. But theycannot, without special authority,compromise their client's litigation, orreceive anything in discharge of a client'sclaim but the full amount in cash.

As to substantial matterThe employment itself confers upon theattorney no implied or apparent authorityto bind the client on substantial matters:1. the cause of action,2. the claim or demand sued upon3. the subject matter of the litigationare substantial matters which the attorneymay not impair, novate, compromise, settle,surrender or destroy without the client’sconsent or authority.

As to matters of lawIt is the client who yields to the lawyer andnot the lawyer yielding to the client inmatters of law. The basis of this rule is thatthe lawyer is better trained and skilled inlaw. Proceedings to enforce remedies arewithin the exclusive control of the attorney.

A lawyer should seek instruction from hisclient on any substantial matter concerningthe litigation, which requires decision onthe part of the client (i.e. whether tocompromise the case, or to appeal anunfavorable judgment). In proceduralmatters, the client must yield to the lawyer.(Agpalo)

CANON 20 - A LAWYER SHALL CHARGEONLY FAIR AND REASONABLE FEES.

Related statutory basis: Rule 138, Sec. 24.Compensation of attorneys. An attorneyshall be entitled to have and recover fromhis client no more than a reasonablecompensation for his services, with aview to the importance of the subject matterof the controversy, the extent of the servicesrendered, and the professional standing ofthe attorney. No court shall be bound bythe opinion of attorneys as expert witnessesas to the proper compensation, but maydisregard such testimony and base itsconclusion on its own professionalknowledge. A written contract for servicesshall control the amount to be paidtherefore unless found by the court to beunconscionable or unreasonable.

RIGHT TO COMPENSATIONIn the absence of an express contract [forattorney’s fee], payment of attorney’s feesmay be justified by virtue of the innominatecontract of facio ut des (I do and you give)which is based on the principle that “no oneshall enrich himself at the expense ofanother” (Corpuz v. CA, G.R. No. L-40424,June 30, 1980)


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The Counsel if worthy of his hire, is entitledto be fully recompensed for his services.With his capital consisting solely of hisbrains and his skill, acquired attremendous cost not only in money butin the expenditure of time and energy,he is entitled to the protection of anyjudicial tribunal against any attempt on thepart of a client to escape payment of hisfees. (Albano v. Coloma, 21 SCRA 411(1967))

Rule 20.01 - A lawyer shall be guided bythe following factors in determining hisfees:1) Time spent and the extent of the

services rendered or required2) Importance of the subject matter3) Novelty and difficulty of the questions

involved;4) Skill demanded;5) Probability of losing other employment

as a result of acceptance of theprofessed case;

6) Professional standing of the lawyer;7) Amount involved in the controversy and

the benefits resulting to the client fromthe service

8) Customary charges for similar servicesand the schedule of fees of the IBPCharter to which he belongs; and

9) Contingency or certainty ofcompensation;

10) Character of the employment, whetheroccasional or established.

ATTORNEY’S FEES

OrdinaryAn attorney’s fee is the reasonable compensationpaid to a lawyer for the legal services he hasrendered to a client. The basis of thiscompensation is the fact of employment bythe client.

ExtraordinaryAn attorney’s fee is an indemnity for damagesordered by the court to be paid by the losingparty to the prevailing party in a litigation. Thebasis of this is any of the cases authorized bylaw and is payable not to the lawyer but to theclient – unless they have agreed that the awardshall pertain to the lawyer as additionalcompensation or as part thereof. (Traders RoyalBank Employees Union-Independent v. NLRC,G.R. No. 120592, March 14, 1997)Factors of the value (Rule 138, Sec, 24)1) the importance of the subject matter of

controversy;2) the extent of the services rendered; and3) the professional standing of the attorney.

Additionally, the court is not bound by theopinion of attorney’s as expert witness as toproper compensation and that written contractshall control the amount paid unless found bythe court to be unconscionable or reasonable.

According to jurisprudence, the court may alsotake into consideration the client’s capacity topay.

Modes of payment:o A fixed or absolute fee which is payable

regardless of the result of the caseo A contingent fee that is conditioned to the

securing of a favorable judgment andrecovery of money or property and theamount of which may be on a percentagebasis

o A fixed fee payable per appearanceo A fixed fee computed by the number of

hours spento A fixed fee based on a piece of worko A combination of any of the above stipulated

fees.

Compensation to which Lawyer isEntitled Depending on His Capacity

COUNSEL DE PARTE – He is entitled to areasonable attorney’s fees agreed upon orin the absence thereof, on quantum meruitbasis.

COUNSEL DE OFICIO – The counsel maynot demand from the accused attorney’sfees even if he wins the case. He mayhowever collect from the government fundsif available based on the amount fixed bythe court.

Rule 138, Sec. 32. Compensation forattorneys de oficio. Subject to availabilityof funds as may be provided by law thecourt may, in its discretion, order anattorney employed as counsel de oficio to becompensated in such sum as the court mayfix in accordance with section 24 of thisrule. Whenever such compensation isallowed, it shall not be less than P30 in anycase, nor more than the following amounts:o P50 in light felonies;o P100 in less grave felonies;o P200 in grave felonies other than capital

offenses;o P500 in capital offenses.

AMICUS CURIAE – not entitled to attorney’sfees.Counsel Cannot Recover Full AmountDespite Written Contract1) When the services were not performed,

and the lawyer withdrew before the case


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was finished, he will be allowed onlyreasonable fees

2) When there is justified dismissal of anattorney, the contract will be nullifiedand payment will be on quantummeruit basis

3) When the stipulated fees areunconscionable

4) When the stipulated fees are in excessof what is expressly provided by law

5) When the lawyer is guilty of fraud orbad faith in the manner of hisemployment

6) When the counsel’s services areworthless because of negligence

7) When the contract is contrary to laws,morals, and good policies

The mere fact that an agreement hadbeen reached between attorney andclient fixing the amount of the attorney'sfees, does not insulate such agreementfrom review and modification by the Courtwhere the fees clearly appear to beexcessive or unreasonable. (Tanhueco v.De Dumo, 172 SCRA 760 (1989))

QUANTUM MERUITMeans “as much as a lawyer deserves”. Itsessential requisite is acceptance of the benefitsby one sought to be charged for servicesrendered under circumstances as reasonably tonotify him that lawyer expects compensation.

Authorized when:o there is no express contract for attorney’s

fees agreed upon between the lawyer and theclient;

o when although there is a formal contract ofattorney’s fees, the stipulated fees are foundunconscionable or unreasonable by thecourt;

o when the contract for attorney’s fees is voiddue to purely formal matters or defects ofexecution;

o when the counsel, for justifiable cause, wasnot able to finish the case to its conclusion;

o when lawyer and client disregard thecontract of attorney’s fees

o when there is a contract but no stipulationas to attorney’s fees

Guides in Determining Attorney’s Fees inQuantum Meruit Basisa) Time spent and Extent of the Services

Rendered – A lawyer is justified in fixinghigher fees when the case is so complicatedand requires more time and efforts to finishit.

b) Importance of Subject Matter – The moreimportant the subject matter or the biggervalue of the interest or property in litigation,the higher is the attorney’s fee.

c) Novelty and Difficulty of Questions Involved –When the questions in a case are novel anddifficult, greater efforts, deeper study andresearch, are bound to burn the lawyer’stime and stamina considering that there areno local precedents to rely upon.

d) Skill demanded of the Lawyer – The totalityof the lawyer’s experience provides him theskill and competence admired in lawyers.

CHAMPERTOUS CONTRACTOne where the lawyer stipulates with his clientthe prosecution of the case that he will bear allthe expenses for the recovery of things orproperty being claimed, and the latter pays onlyupon successful litigation. Void for being againstpublic policy.

CONTINGENT CONTRACTIt is an agreement in which the lawyer’s fee,usually a fixed percentage of what may berecovered in the action, is made to dependupon the success in the effort to enforce ordefend the client’s right. It is a validagreement. It is different from a champertouscontract in that the lawyer does not undertaketo shoulder the expenses of the litigation.

CONTINGENT CHAMPERTOUS

Contingent fee ispayable in cash.

Payable in kind only

Lawyers do notundertake to pay allexpenses of litigation

Lawyers undertake topay all expenses oflitigation

Not prohibited Void

Rule 20.02 - A lawyer shall, in case ofreferral, with the consent of the client, beentitled to a division of fees in proportion tothe work performed and responsibilityassumed.

NOTE: This is not in the nature of abroker’s commission.

Rule 20.03 - A lawyer shall not, withoutthe full knowledge and consent of theclient, accept any fee, reward, costs,commission, interest, rebate or forwardingallowances or other compensationwhatsoever related to his professionalemployment from any one other than theclient.

Related statutory basis: Rule 138, sec.20(e). Duties of attorneys. It is the duty ofan attorney… to accept no compensation inconnection with his client's businessexcept from him or with his knowledgeand approval.

RATIONALE:


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This ensures protection of lawyers incollection of fees. It is also designed tosecure the lawyer’s wholehearted fidelity tothe client’s cause and to prevent thatsituation in which the receipt by him of arebate or commission from another inconnection with the client’s cause mayinterfere with the full discharge of his dutyto the client. The amount received bylawyer from opposite party or third personsin the service of his client belongs to theclient except when the latter has fullknowledge and approval of lawyer’s taking(Agpalo)

Rule 20.04 - A lawyer shall avoidcontroversies with clients concerning hiscompensation and shall resort to judicialaction only to prevent imposition, injusticeor fraud.

Judicial actions to recover attorney’s fees:1) file an appropriate motion or petition as

an incident in the main action where herendered legal services;

2) file a separate civil action for collectionof attorney’s fees.

Suits to collect fees should be avoided andonly when the circumstances imperativelyrequire should a lawyer resort to lawsuit toenforce payment of fees. This is but alogical consequence of the legal professionnot primarily being for economiccompensation. (Agpalo)

An attorney-client relationship can becreated by implied agreement, as when theattorney actually rendered legal services fora person who is a close friend. Theobligation of such a person to payattorney’s fees is based on the law ofcontracts’ concept of facio ut des (no oneshall unjustly enrich himself at the expenseof others.) (Corpuz v. CA, 98 SCRA 424(1980))

CANON 21 - A LAWYER SHALLPRESERVE THE CONFIDENCE ANDSECRETS OF HIS CLIENT EVEN AFTERTHE ATTORNEY-CLIENT RELATIONSHIPIS TERMINATED.

RATIONALE:Not only to prevent the dishonestpractitioner from fraudulent conduct, butalso to protect the honest lawyer fromunfounded suspicion of unprofessionalpractice. It is founded on principles ofpublic policy, on good taste. The question is

not necessarily one of the rights of theparties, but as to whether the attorney hasadhered to proper professional standard.(Hilado v. David, 83 Phil 569 (1949))

Rule 21.01 - A lawyer shall not reveal theconfidence or secrets of his client except:o When authorized by the client after

acquainting him of the consequences ofthe disclosure;

o When required by law; oro When necessary to collect his fees or to

defend himself, his employees orassociates or by judicial action.

CONFIDENCEInformation by the attorney-client privilege .

SECRETOther information gained in the professionalrelationship that the client has regulated to beheld inviolate or the disclosure of which wouldbe embarrassing or would likely be detrimentalto the client.

Related statutory basis: Rule 130, Sec. 21(b), RRC. Without the consent of his client,an attorney cannot be examined as to anycommunication made by the client to him,or his advise given thereon in the course ofprofessional employment, nor can anattorney’s secretary, stenographer, or clerkhe examined, without the consent of theclient and his employees, concerning anyfact the knowledge of which he has beenacquired in such capacity.

Code of Professional Ethics, Canon 37.Unless the revelation by a lawyer of hisclient’s confidence falls under any of theexceptions, the disclosure by a lawyer of hisclient’s confidence or its use to hisadvantage or to the disadvantage of theclient without the latter’s consentconstitutes breach of trust sufficient towarrant imposition of disciplinary sanctionagainst him.

Revised Penal Code, Art. 209. Betrayal ofTrust by an Attorney or Solicitor –Revelation of Secrets.

Related rule: Rule 15.02 on PrivilegedCommunication.

Rule 21.02 - A lawyer shall not, to thedisadvantage of his client, use informationacquired in the course of employment, norshall he use the same to his advantage orthat of a third person, unless the client


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with full knowledge of the circumstancesconsents thereto.

If an attorney is accused by his client ofmisconduct in the discharge of his duty, hemay disclose the truth in respect to theaccusation, including the client’sinstructions or the nature of the duty whichhis client expected him to perform.Similarly, if an attorney is charged by athird person in connection with theperformance of his duty to his client, hemay also disclose his client’s confidencerelative thereto. (Callanta, explaining Canon37 of the CPE)

Rule 21.03 - A lawyer shall not, withoutthe written consent of his client, giveinformation from his files to an outsideagency seeking such information forauditing, statistical, bookkeeping,accounting, data processing, or any similarpurpose.

RATIONALE:The work and product of a lawyer, such ashis effort, research, and thought, and therecords of his client, contained in his filesare privileged matters. (Agpalo)

Rule 21.04 - lawyer may disclose theaffairs of a client of the firm to partners orassociates thereof unless prohibited by theclient.

NOTE: Disclosure to firm partners orassociates generally allowed becauseprofessional employment of a law firm isequivalent to retainer of members thereof.

In a law firm, partners or associates usuallyconsult one another involving their casesand some work as a team. Consequently, itcannot be avoided that some informationabout the case received from the client maybe disclosed to the partners or associates.

Rule 21.05 - A lawyer shall adopt suchmeasures as may be required to preventthose whose services are utilized by him,from disclosing or using confidences orsecrets of the client.

Professional employment of a law firm isequivalent to retainer of the membersthereof even though only one partner isconsulted. When one partner tellsanother about the details of the case, itis not considered as disclosure to third

persons because members of a law firmare considered as one entity. (Agpalo)

Rule 21.06 - A lawyer shall avoid indiscreetconversation about a client’s affairs evenwith members of his family.

A lawyer must not only preserve theconfidences and secrets of his clients in hislaw office but also outside including hishome. He should avoid committingcalculated indiscretion, that is, accidentalrevelation of secrets obtained in hisprofessional employment. Reckless orimprudent disclosure of the affairs of hisclients may jeopardize them. Not everymember of the lawyer’s family has theproper orientation and training for keepingclient’s confidences and secrets. (Agpalo)

Rule 21.07 - A lawyer shall not reveal thathe has been consulted about a particularcase except to avoid possible conflict ofinterests.

This rule clarifies that privilegecommunication applies even toprospective clients. Moreover, theprohibition applies even if the prospectiveclient did not thereafter actually engage thelawyer. (Agpalo)

Related rule: CPR Rule 15.03. The exceptionis when the lawyer will be placed in a situationof representing conflicting interests if he doesnot disclose consultation. Otherwise, if heremains silent, he may be violating the ruleagainst representing conflicting interests.

CANON 22 - A LAWYER MAY WITHDRAWHIS SERVICES ONLY FOR GOOD CAUSEAND UPON NOTICE APPROPRIATE INTHE CIRCUMSTANCES.

Termination of Attorney-Client Relation1) Withdrawal of lawyer under Rule 22.012) Death of the lawyer3) Disbarment or suspension of the lawyer

from the practice of law4) Declaration of presumptive death of

lawyer5) Conviction of a crime and imprisonment

of lawyer6) Discharge or dismissal of the lawyer by

the client7) Appointment or election of a lawyer to a

government position which prohibitsprivate practice of law

8) Death of client9) Intervening incapacity or incompetence

of the client during pendency of case


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10) Full termination of the case

GENERAL RULE: The client has the right toterminate at any time with or without justcause.

LIMITATIONS:

Client cannot deprive counsel of right tobe paid services if dismissal is withoutcause

Client cannot discharge counsel as anexcuse to secure repeated extensions oftime

Notice of discharge is required for bothcourt and adverse party

Rule 22.01 - A lawyer may withdraw hisservices in any of the following case:o When the client pursues an illegal or

immoral course of conduct inconnection with the matter he ishandling;

o When the client insists that the lawyerpursue conduct violative of thesecanons and rules;

o When his inability to work with co-counsel will not promote the bestinterest of the client;

o When the mental or physical conditionof the lawyer renders it difficult for himto carry out the employment effectively;

o When the client deliberately fails to paythe fees for the services or fails tocomply with the retainer agreement;

o When the lawyer is elected or appointedto public office; and

o Other similar cases.

Rule 22.02 - A lawyer who withdraws or isdischarged shall, subject to a retainer lien,immediately turn over all papers andproperty to which the client is entitled, andshall cooperate with his successor in theorderly transfer of the matter, including allinformation necessary for the properhandling of the matter.

Conditions for the Substitution ofCounsel1) Written request for substitution2) Written consent of client3) Written consent of the attorney to be

substituted or in the absence, proof ofservice of notice of said motion to theattorney to be substituted

REVIEWER IN LEGAL ETHICS Chapter III. Discipline of LawyersC

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Chapter III. Discipline of Lawyers

I. LIABILITIES OF LAWYERSII. POWER TO DISCIPLINE ERRANT

LAWYERSA. FORMS OF DISCIPLINARY MEASURESB. SUSPENSION AND DISBARMENTC. PROCEDURE FOR

SUSPENSION/DISBARMENT OFATTORNEYS BY THE IBP

D. PROCEDURE FORSUSPENSION/DISBARMENT OFATTORNEYS BY THE SUPREME COURTMOTU PROPRIO

E. IMPOSITION OF PENALTIES IN THESUPREME COURT

III. MODIFYING CIRCUMSTANCESA. MITIGATING CIRCUMSTANCESB. AGGRAVATING CIRCUMSTANCESC. EFFECT OF EXECUTIVE PARDON

IV. REINSTATEMENT

I. Liabilities of Lawyers

CIVIL LIABILITY

Client is prejudiced by lawyer’snegligence and misconduct.

Breach of fiduciary obligation Civil liability to third persons Libelous words in pleadings; violation of

communication privilege

Liability for costs of suit (treble costs) –when lawyer is made liable for insistingon client’s patently unmeritorious caseor interposing appeal merely to delaylitigation

CRIMINAL LIABILITY

Prejudicing client through maliciousbreach of professional duty

Revealing client secrets Representing adverse interests Introducing false evidence Misappropriating client’s funds (estafa) Libel except if statements are connected

with the relevant, pertinent, andmaterial to the cause in hand or thesubject of the inquiry

COSTS OF SUITGENERAL RULE: Losing client and not thelawyer is liable for costs, since the lawyer isnot a party-litigant

EXCEPTION: When the lawyer insisted onclient’s patently unmeritorious case thecourt may adjudge lawyer to pay treblecosts of suit

CONTEMPT OF COURTIt is exercised on preservative and not onvindictive principles and on corrective ratherthan the retaliatory idea of punishment. It iscriminal in nature.The power to punish for contempt is inherent inall courts. It is essential in the observance oforder in judicial proceedings and to enforcejudgment, orders and writs.

Kinds of ContemptDirect ContemptConsists of misbehavior in the presence of ornear a court or judge as to interrupt or obstructthe proceedings before the court or theadministration of justice.

Indirect or Constructive ContemptOne committed away from the court involvingdisobedience of or resistance to a lawful writ,process, order, judgment or command of thecourt, tending to belittle, degrade, obstruct,interrupt or embarrass the court.

Civil contemptFailure to do something ordered by the courtwhich is for the benefit of the party.

Criminal contemptConsists of any conduct directed against theauthority or dignity of the court.

Acts of a Lawyer Constituting Contempt

o Misbehavior as officer of courto Disobedience or resistance to court ordero Abuse or interference with judicial

proceedingso Obstruction in administration of justiceo Misleading courtso Making false allegations, criticisms, insults,

veiled threats against the courtso Aiding in unauthorized practice of law

(suspended or disbarred)o Unlawful retention of client’s fundso Advise client to commit contemptuous acts

II. Power to Discipline Errant Lawyers

Statutory Basis

Rule 138, Sec. 27. The Supreme Court hasthe full authority and power to (WARDS)

WARNADMONISHREPRIMANDSUSPEND andDISBAR a lawyer

Rule 139-B, Sec. 16. The Court of Appealsand the Regional Trial Courts are alsoempowered to

WARNADMONISH


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REPRIMAND andSUSPEND an attorney

who appears before them from the practiceof law for any of the causes mentioned inRule 138, Sec. 27.

A. Forms of Disciplinary Measures

1) Warning – an act or fact of putting oneon his guard against an impending danger,evil consequences or penalties.

2) Admonition – a gentle or friendly reproof,mild rebuke, warning or reminder,counseling, on a fault, error or oversight; anexpression of authoritative advice.

3) Reprimand – a public and formal censureor severe reproof, administered to a personin fault by his superior officer or a body towhich he belongs.

4) Suspension – a temporary withholding ofa lawyer’s right to practice his profession asa lawyer for a certain period or for anindefinite period of time.

a. Definiteb. Indefinite – qualified disbarment;lawyer determines for himself for howlong or how short his suspension shalllast by proving to court that he is onceagain fit to resume practice of law.

5) Censure – official reprimand.

6) Disbarment– It is the act of thePhilippine Supreme Court in withdrawingfrom an attorney the right to practice law.The name of the lawyer is stricken out fromthe roll of attorneys.

B. Suspension and Disbarment

SUSPENSION AND DISBARMENTDisciplinary proceedings against lawyers are suigeneris: neither purely civil nor purely criminal.It is not—and does not involve—a trial of anaction or a suit, but is rather an investigation bythe Court in the conduct of its officers. Not beingintended to inflict punishment, it is no sense acriminal prosecution. Accordingly, there isneither a plaintiff nor a prosecutor. x x x Publicinterest is its primary objective, and the realquestion for determination is whether or not theattorney is still a fit person to be allowed theprivileges as such. (In Re: Almacen, supra)

Nature of Proceedings:o Neither a civil action nor a criminal

proceeding;o Sui generis, it is a class of its own since it is

neither civil nor criminal Confidential innature

o Defense of double jeopardy is not available

o Can be initiated by the SC, motu proprio, orby the IBP. It can be initiated without acomplaint.

o Can proceed regardless of interest of thecomplainants

o Imprescriptibleo It is itself due process of law

Objectives of Suspension and Disbarment:o To compel the attorney to deal fairly and

honestly with his clients;o To remove from the profession a person

whose misconduct has proved him unfit tobe entrusted with the duties andresponsibilities belonging to the office of anattorney;

o To punish the lawyer;o To set an example or warning for the other

members of the bar;o To safeguard the administration of justice

from dishonest and incompetent lawyers;o To protect the public;

Grounds for Disbarment:1) Deceit2) Malpractice, or other gross misconduct in

office –any malfeasance or dereliction of dutycommitted by a lawyer

3) Grossly immoral conduct4) Conviction of a crime involving moral

turpitude5) Violation of oath of office6) Willful disobedience of any lawful order of a

superior court7) Corruptly or willfully appearing as an

attorney for a party to case without anauthority to do so

Officers Authorized to Investigate DisbarmentCases: Supreme Court IBP through its Commission on Bar

Discipline or authorized investigators Office of the Solicitor General

The statutory enumeration of the groundsfor disbarment or suspension is not to betaken as a limitation on the general powerof courts to suspend or disbar a lawyer.The inherent power of the court over itsofficers cannot be restricted. (Quingwa v.Puno, Admin. Case No. 398, Feb. 28, 1967)

Disbarment should not be decreed whereany punishment less severe such asreprimand, suspension or fine wouldaccomplish the end desired. (Amaya v.Tecson, 450 SCRA 510)

In disbarment proceedings, the burden ofproof is upon the complainant and thiscourt will exercise its disciplinary poweronly if the complainant establishes his caseby clear, convincing and satisfactory


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evidence. (Aquino v. Mangaoang, 425 SCRA572)

C. Procedure forSuspension/Disbarment of Attorneysby the IBP

D. Procedure for Suspension orDisbarment of Attorneys (Rule 139-B)by the Supreme Court Motu Propio

E. Imposition of Penalties in theSupreme Court

SuspensionBy division – one year or lessEn banc – more than one year

Fine Division – P10,000 or lessEn banc – more than P10,000

In case of two or more suspensions: Servicewill be successive, not simultaneous.

IBPMotuPropio

VERIFIEDCOMPLAINT TO THEIBPComplaint must be:

In writing Stating facts

complained of

Shall appoint an investigator and notifyrespondent within two days from receipt

RESPONDENT’S ANSWER:Within 15 days from notice

INVESTIGATION1) Investigator may issue subpoenas2) Provide respondent with opportunity

to be heard.3) May proceed with investigation ex

parte should respondent be unable tocomply.

REPORTSubmitted not later than 30 days fromtermination of investigation. Contains:1) Findings of facts2) Recommendation

DisbarSuspendDismiss

SUPREME COURT FOR JUDGMENT

Supreme Court shall refer the case to aninvestigator

Respondent must answer (within 15 days)

REPORT to be submitted not later than30 days from investigation’s termination.

REPORT MUST CONTAINFindings of facts

Recommendations

SUPREME COURT FOR JUDGMENT

INVESTIGATION(3 months)

POSSIBLE INVESTIGATORS:Solicitor General

Any Officer of the SCAny judge of a lower court

Shall notify the Respondent


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III.Modifying Circumstances

Extent of disciplinary action depends onattendance of mitigating or aggravatingcircumstance.

A. Mitigating Circumstanceso Good Faith in the acquisition of a

property of the client subject of thelitigation (In Re: Ruste, 70 Phil 243)

o Inexperience of a lawyero Ageo Apologyo Lack of Intention to slight or offend the

court

B. Aggravating Circumstanceso Abuse of authority or of attorney-client

relationshipo sexual intercourse with a relativeo charge of gross immoralityo Previous dismissal as member of the bar

C. Effect of Executive Pardon

1. ConditionalThe disbarment case will not be dismissedon the basis thereof.

2. Absolute, before convictionThe disbarment case will be dismissed.Absolute pardon by the President may wipeout conviction as well as offense itself andthe grant thereof in favor of a lawyer is abar to a proceeding for disbarment againsthim based solely on commission of suchoffense.

The reason is that the respondent lawyer,after the absolute pardon, is as guiltlessand innocent as if he never committed theoffense at all.

3. Absolute, after convictionIf absolute pardon is given to lawyer afterbeing disbarred for conviction of a crime, itdoes not automatically entitle him toreinstatement to the bar. It must beshown by evidence aside from absolutepardon that he is now a person of goodmoral character and fit and proper personto practice law. In case of a conditionalpardon, there will be a remission ofunexpired period of sentence.

IV.Reinstatement

It is the restoration in disbarmentproceedings to a disbarred lawyer theprivilege to practice law.

Statutory basis: 1987 Constitution, Art.VIII, Sec. 5(5). The power of the SupremeCourt to reinstate is based on itsconstitutional prerogative to promulgate

rules on the admission of applicants to thepractice of law.

In order that there is reinstatement, thefollowing must be taken into consideration:o the applicant’s character and standing prior

to disbarment;o the nature or character of the misconduct

for which he is disbarred;o his conduct subsequent to disbarment (Cui

v. Cui, 11 SCRA 755)o including his efficient government service (In

Re: Adriatico, 17 Phil 324)o the time that has elapsed between

disbarment and the application forreinstatement and the circumstances thathe has been sufficiently punished anddisciplined (Prudential Bank v. BenjaminGrecia, 192 SCRA 381)

o applicant’s appreciation of significance of hisdereliction and his assurance that he nowpossesses the requisite probity and integrity;

o favorable endorsement of the IBP, pleas ofhis loved ones (Yap Tan v. Sabandal, 170SCRA 207)

The court may require applicant forreinstatement to enroll in and pass therequired fourth year review classes in arecognized law school. (Cui v. Cui, supra; InRe: Rusiana, 56 SCRA 240)

A PREVIOUSLY DISBARRED LAWYER whois given absolute pardon by the President isnot automatically reinstated, he must stillfile a petition for reinstatement with the SC.

Condition for Reinstatement:A lawyer who has been suspended ordisbarred may be reinstated when the SC isconvinced that he has already possessedthe requisites of probity and integritynecessary to guarantee his worth topractice his possession.

To be reinstated to the practice of law, it isnecessary that the respondent must likeany other candidate for admission to thebar, satisfy the Court that he is a person ofgood moral character and a fit and properperson to practice law. (In re: Rovero, 101SCRA 803)

Effects of Reinstatement:1) Recognition of moral rehabilitation and

mental fitness to practice law;2) Lawyer shall be subject to same law, rules

and regulations as those applicable to anyother lawyer;

3) Lawyer must comply with the conditionsimposed on his readmission.

NOTE: Good moral character is not only acondition precedent to admission to the practiceof law but is a continuing requirement.

REVIEWER IN LEGAL ETHICS Chapter IV. Code of Judicial Conduct

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Conduct

I. CANON 1: INDEPENDENCEII. CANON 2: INTEGRITYIII. CANON 3: IMPARTIALITYIV. CANON 4: PROPRIETYV. CANON 5: EQUALITYVI. CANON 6: COMPETENCE AND DILIGENCE

JUDICIAL ETHICSBranch of moral science which treats of the rightand proper conduct to be observed by all judgesand magistrates in trying and decidingcontroversies brought to them for adjudicationwhich conduct must be demonstrative ofimpartiality, integrity, competence,independence and freedom from improprieties.

JUDGEA public officer who, by virtue of his office, isclothed with judicial authority, a public officerlawfully appointed to decide litigated questionsin accordance with law.

DE JURE JUDGEOne who is exercising the office of judge as amatter of right; an officer of a court who hasbeen duly and legally appointed, qualified andwhose term has not expired.

DE FACTO JUDGEAn officer who is not fully invested with all thepowers and duties conceded to judges, but isexercising the office of a judge under some colorof right.

Qualifications of SC members:1. Natural born citizen2. At least 40 years of age3. Must have been for at least 15 years a

judge of a lower court or engaged in thepractice of law (Sec. 7 (1), Art. VIII, 1987Constitution)

Qualifications of RTC judges:1. Natural-born citizen2. At least 35 years of age3. For at least 10 years has been engaged

in the practice of law in the Philippinesor has held public office requiringadmission to the practice of law as anindispensable requisite

Qualifications of MTC judges:1. Natural-born citizen of the Philippines;2. At least 30 years of age;3. For at least five years has been engaged

in the practice of law in the Philippinesor has held public office requiringadmission to the practice of law as anindispensable requisite.

NEW CODE OF JUDICIAL CONDUCT(Bangalore Draft)

IndependenceIntegrityImpartialityProprietyEqualityCompetence and Diligence

I. Independence

CANON 1 – JUDICIAL INDEPENDENCE ISA PRE-REQUISITE TO THE RULE OF LAWAND A FUNDAMENTAL GUARANTEE OF AFAIR TRIAL. A JUDGE SHALLTHEREFORE UPHOLD AND EXEMPLIFYJUDICIAL INDEPENDENCE IN BOTH ITSINDIVIDUAL AND INSTITUTIONALASPECTS.

Sec. 1.Judges shall exercise the judicialfunction independently on the basis of theirassessment of the facts and in accordancewith a conscientious understanding of thelaw, free of any extraneous influence,inducement, pressure, threat orinterference, direct or indirect, from anyquarter or for any reason.

A judge found defendants guilty beyondreasonable doubt of the crime of Rape withHomicide. However, he sentenced theaccused with reclusion perpetua instead ofthe death, as unequivocally required by RA7659. A court of law is no place for aprotracted debate on the morality orpropriety of the sentence, where the lawitself provides for the sentence of deathas a penalty in specific and well-definedinstances. (People v. Veneracion, 249SCRA 244 (1995))

Mass media has its duty to fearlessly butfaithfully inform the public about eventsand persons. However, when a case hasreceived wide and sensational publicity,the trial court should be doubly carefulnot only to be fair and impartial but alsoto give the appearance of completeobjectivity in its handling of the case. (Gov. Court of Appeals, 206 SCRA 165)

Sec. 2. In performing judicial duties,Judges shall be independent from judicialcolleagues in respect of decisions which thejudge is obliged to make independently.


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TThe discretion of the Court to grant bailmust be based on the Court’sdetermination as to whether or not theevidence of guilt is strong.

This discretion may be exercised only afterthe evidence has been submitted at thesummary hearing conducted pursuant toSec. 7 of Rule 114 of the Rules.Respondent’s admission that he grantedbail to an accused upon the request of aCongressman, despite his belief that theevidence of guilt against said is strong, isindeed reprehensible. (Tahil v. Eisma, 64SCRA 378 (1975))

Sec. 3.Judges shall refrain frominfluencing in any manner the outcome oflitigation or dispute pending before anothercourt or administrative agency.

Sec. 4.Judges shall not allow family, social,or other relationships to influence judicialconduct or judgment. The prestige ofjudicial office shall not be used or lent toadvance the private interests of others,nor convey or permit others to convey theimpression that they are in a specialposition to influence the judge.

Constant company with a lawyer tends tobreed intimacy and camaraderie to thepoint that favors in the future may beasked from respondent judge which he mayfind hard to resist. The actuation ofrespondent Judge of eating and drinking inpublic places with a lawyer who haspending cases in his sala may well arousesuspicion in the public mind, thus tendingto erode the trust of the litigants in theimpartiality of the judge. (Padilla v. Zantua,237 SCRA 670 (1994))

Sec. 5.Judges shall not only be free frominappropriate connections with, andinfluence by, the executive and legislativebranches of government, but must alsoappear to be free therefrom to a reasonableobserver.

While it is true that Justice Sabio could nothave possibly known prior to his brother'scall that his brother intended to speak tohim about the Meralco-GSIS case, the factremains that Justice Sabio continued toentertain a call from his brother, who alsohappens to be an officer of the executivebranch, despite realizing that theconversation was going to involve a pendingcase. Justice Sabio asks the Court if he

should have immediately slammed thephone on his brother. Certainly, suchboorish behavior is not required. However,as soon as Justice Sabio realized that hisbrother intended to discuss a case pendingbefore him or in his division, Justice Sabioshould have respectfully but firmly endedthe discussion….That Justice Sabio did notdo as his brother asked is of no moment.Section 5, Canon 1 of the Code of JudicialConduct maintains such a high bar ofethical conduct that actual influence isnot a prerequisite before a violation isdeemed committed. If a magistrate'sactions allow even just the appearance ofbeing influenced, it is deemed a violation.(Re: Letter of Presiding Justice Conrado M.Vasquez, Jr. A.M. No. 08-8-11-CA)

Sec. 6. Judges shall be independent inrelation to society in general and in relationto the particular parties to a dispute whichhe or she has to adjudicate.

[Respondent’s] act of sending a member ofhis staff to talk with complainant and showcopies of his draft decisions, and his act ofmeeting with litigants outside the officepremises beyond office hours violate thestandard of judicial conduct required to beobserved by members of the Bench. (Tan v.Rosete, A.M. No. MTJ-04-1563, September 8,2004)

Sec. 7. Judges shall encourage and upholdsafeguards for the discharge of judicialduties in order to maintain and enhancethe institutional and operationalindependence of the judiciary.

Sec. 8.Judges shall exhibit and promotehigh standards of judicial conduct in orderto reinforce public confidence in thejudiciary which is fundamental to themaintenance of judicial independence.

[A judge] should always be imbued with ahigh sense of duty and responsibility in thedischarge of his obligation to promptly andproperly administer justice. He must viewhimself as a priest for the administrationof justice is akin to a religious crusade.(Dimatulac et al v. Villon, 297 SCRA 679)


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TII. Integrity

CANON 2 – INTEGRITY IS ESSENTIALNOT ONLY TO THE PROPER DISCHARGEOF THE JUDICIAL OFFICE BUT ALSO TOTHE PERSONAL DEMEANOR OFJUDGES.

Sec. 1. Judges shall ensure that not only istheir conduct above reproach, but that it isperceived to be so in the view of areasonable observer.

Respondent judge was also at fault for hisshortness of temper and impatience,contrary to the duties and restrictionimposed upon him by reason of his office.He failed to observe the proper decorumexpected of judicial officers. Judicialofficers are given contempt powers sothat they can remind counsels of theirduties in court without being arbitrary,unreasonable or unjust. Respondentshould have cited the complainant incontempt of court instead of throwingtantrums by banging his gavel loudly andunceremoniously walking out of thecourtroom.

Although respondent had a validexplanation for carrying a gun, his act ofcarrying it in plain view of the lawyers(including the complainant) andconsidering what just happened, cannot betaken as an innocent gesture. It wascalculated to instill fear and intimidate thecomplainant. Respondent's behaviorconstitutes grave misconduct. A judge'sconduct should be free from theappearance of impropriety not only in hisofficial duties but in his everyday life. Onewho lives by the precept that “might isright” is unworthy to be a judicial officer.(Romero v. Valle (1987))

Sec. 2. The behavior and conduct of judgesmust reaffirm the people's faith in theintegrity of the judiciary. Justice must notmerely be done but must also be seen to bedone.

A judge must be free of a whiff ofimpropriety not only with respect to hisperformance of his judicial duties, but alsoto his behavior outside his sala and as aprivate individual. There is no dichotomyof morality: a public official is alsojudged by his private morals. (Castillo v.Calanog (1991))

Ignorance of the law is a mark ofincompetenceWhen the inefficiency springs from a failureto consider so basic and elemental a rule, alaw or principle in the discharge of hisduties, a judge is either too incompetentand undeserving of the position and title heholds, or he is too vicious that theoversight or omission was deliberately donein bad faith and in grave abuse of judicialauthority. In both instances, the judge'sdismissal is in order. (Macalintal v. Teh,280 SCRA 623)

Sec. 3. Judges should take or initiateappropriate disciplinary measures againstlawyers or court personnel forunprofessional conduct of which the judgemay have become aware.

III.Impartiality

CANON 3 – IMPARTIALITY IS ESSENTIALTO THE PROPER DISCHARGE OF THEJUDICIAL OFFICE. IT APPLIES NOTONLY TO THE DECISION ITSELF BUTALSO TO THE PROCESS BY WHICH THEDECISION IS MADE.

Sec. 1. Judges shall perform their judicialduties without favor, bias or prejudice.

To sustain a claim of bias or prejudice, theresulting opinion must be based upon anextrajudicial source: that is, someinfluence other than the facts and lawpresented in the courtroom. In the UnitedStates, this is known as the Extra-Judicial Source Rule.

Sec. 2. Judges shall ensure that his or herconduct, both in and out of court,maintains and enhances the confidence ofthe public, the legal profession and litigantsin the impartiality of the judge and of thejudiciary.

In disposing of a criminal case, a judgeshould avoid appearing like an advocate foreither party. It is also improper for thejudge to push actively for amicablesettlement against the wishes of thecomplainant. A judge’s unwelcomepersistence makes the judge vulnerable tosuspicions of favoritism.


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TSec. 3.Judges shall, so far as isreasonable, so conduct themselves as tominimize the occasions on which it will benecessary for them to be disqualified fromhearing or deciding cases.

The majority view is that the rule ofdisqualification of judges must yield todemands of necessity. Simply stated, therule of necessity means that a judge is notdisqualified to sit in a case if there is noother judge available to hear and decide thecase. For example, members of theSupreme Court were entitled to adjudicatethe validity of a statue placing a limit of 5percent in the costs of living increase forjudges, where it was apparent that all statejudges had at least an involuntarilyfinancial interest in the case… Actualdisqualification of a member of a court oflast resort will not excuse the member fromperforming his official duty if failure to doso would result in a denial of a litigant'sconstitutional right to have a question,properly presented the court, adjudicated.In other words, when all judges would bedisqualified, disqualification will not bepermitted to destroy the only tribunal withpower in the premises. The doctrineoperates on the principle that a basicjudge is better than no judge at all.Under such circumstances, it is the duty ofthe disqualified judge to hear and decidethe controversy, however disagreeable itmay be. (Parayno v. Meneses, 231 SCRA807)

Sec. 4. Judges shall not knowingly, while aproceeding is before, or could come before,them make any comment that mightreasonably be expected to affect theoutcome of such proceeding or impair themanifest fairness of the process. Nor shalljudges make any comment in public orotherwise that might affect the fair trial ofany person or issue.

Sec. 5. Judges shall disqualify themselvesfrom participating in any proceedings inwhich they are unable to decide the matterimpartially or in which it may appear to areasonable observer that they are unable todecide the matter impartially. Suchproceedings include, but are not limited to,instances where:

o The judge has actual bias or prejudiceconcerning a party or personalknowledge of disputed evidentiary factsconcerning the proceedings;

o The judge previously served as a lawyeror was a material witness in the matterin controversy;

o The judge, or a member of his or herfamily, has an economic interest in theoutcome of the matter in controversy;

o The judge served as executor,administrator, guardian, trustee orlawyer in the case or matter incontroversy, or a former associate of thejudge served as counsel during theirassociation, or the judge or lawyer wasa material witness therein;

o The judge's ruling in a lower court is thesubject of review;

o The judge is related by consanguinity oraffinity to a party litigant within thesixth civil degree or to counsel withinthe fourth civil degree; or

o The judge knows that his or her spouseor child has a financial interest, as heir,legatee, creditor, fiduciary, or otherwise,in the subject matter in controversy orin a party to the proceeding, or anyother interest that could besubstantially affected by the outcome ofthe proceedings

GROUNDS FOR DISQUALIFICATION ANDINHIBITION OF JUDGES UNDER THERULES OF COURT

Mandatory or CompulsoryDisqualification (Rule 131, ROC)1) He or his wife or his child is pecuniarily

interested as heir, legatee, creditor orotherwise;

2) Relation to either party within the sixthdegree of consanguinity or affinity or tocounsel within the 4th civil degree

3) When he has been an executor,guardian, administrator, trustee orcounsel;

4) When he has presided in an inferiorcourt where his ruling or decision issubject to review.

Voluntary InhibitionA judge may, in the exercise of his sounddiscretion disqualify himself, for just andvalid reasons other than those mentionedabove. (Rule 137, Section 1)

This leaves the discretion to the judge todecide for himself questions as to whetherhe will desist from sitting in case for otherjust and valid reasons with only hisconscience to guide him, unless he cannotdiscern for himself his inability to meet thetest of the cold neutrality required of him,


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Tin which event the appellate court will seeto it that he disqualifies himself.

A decision to disqualify himself is notconclusive and his competency may bedetermined on application for mandamus tocompel him to act. Judge’s decision tocontinue hearing a case in which he is notlegally prohibited from tryingnotwithstanding challenge to his objectivitymay not constitute reversible error.

The filing of an administrative case againsta judge does not disqualify him fromhearing a case. The court has to be shownother than the filing of administrativecomplaint, act or conduct of judgeindicative of arbitrariness or prejudicebefore the latter being branded as thestigma of being biased or partial. (Lorenzov. Marquez (1988))

DISQUALIFICATION INHIBITIONBasis Specific and exclusive No specific

grounds BUTthere is abroad basisfor such, i.e.,good, soundethicalgrounds

Role ofthejudicialofficer

Judicial officer hasno discretion to sit ortry the case

The matter isleft to thesounddiscretion ofthe judge

Sec. 6. A judge disqualified as stated abovemay, instead of withdrawing from theproceeding, disclose on the records thebasis of disqualification. If, based on suchdisclosure, the parties and lawyersindependently of the judge's participation,all agree in writing that the reason for theinhibition is immaterial or unsubstantial,the judge may then participate in theproceeding. The agreement, signed by allparties and lawyers, shall be incorporatedin the record of the proceedings.

Rules followed by the American BarAssociation:o Each step must be strictly followed. Any

deviation renders the waiver invalid. Forexample, the judge must affirmativelydisclose facts that might be grounds fordisqualification.

o In some jurisdictions, the judge mustobtain a waiver from both lawyers andparties. Waivers by lawyers alone willnot suffice.

IV.Propriety

CANON 4 – PROPRIETY AND THEAPPEARANCE OF PROPRIETY AREESSENTIAL TO THE PERFORMANCE OFALL THE ACTIVITIES OF A. JUDGE.

Sec. 1. Judges shall avoid impropriety andthe appearance of impropriety in all of theiractivities.

Whatever the motive may have been, theviolent action of the respondent in a publicplace constitutes serious misconduct andthe resultant outrage of the community(Arban v. Borja (1989))

It was highly improper for a judge to havewielded a high-powered firearm in publicand besieged the house of a perceiveddefamer of character and honor in warlikefashion and berated the object of his ire,with his firearm aimed at the victim(Saburnido v. Madrono)

Sec. 2. As a subject of constant publicscrutiny, judges must accept personalrestrictions that might be viewed asburdensome by the ordinary citizen andshould do so freely and willingly. Inparticular, judges shall conduct themselvesin a way that is consistent with the dignityof the judicial office.

Sec. 3. Judges shall, in their personalrelations with individual members of thelegal profession who practice regularly intheir court, avoid situations which mightreasonably give rise to the suspicion orappearance of favoritism or partiality.

Sec. 4. Judges shall not participate in thedetermination of a case in which anymember of their family represents a litigantor is associated in any manner with thecase.

This rule rests on the principle that nojudge should preside in a case in which thejudge is not wholly free, disinterested,impartial and independent. A judge hasboth the duty of rendering a just decisionand the duty of doing it in a mannercompletely free from suspicion as tofairness and integrity. The purpose is topreserve the people’s faith and confidencein the courts of justice. (PhilJa)


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TSec. 5. Judges shall not allow the use oftheir residence by a member of the legalprofession to receive clients of the latter orof other members of the legal profession.

While judges are not expected to live ahermit-like existence or cease functioningas citizens of the Republic, they shouldremember that they do not disrobethemselves of their judicial office uponleaving their salas. In the exercise of theircivil liberties, they should be circumspectand ever mindful that their continuingcommitment to upholding the judiciary andits values places upon them certain impliedrestraints to their freedom. (Sison v.Caoibes, Jr. A.M. No. RTJ-03-1771, May 272004)

Sec. 6. Judges, like any other citizen, areentitled to freedom of expression, belief,association and assembly, but in exercisingsuch rights, they shall always conductthemselves in such a manner as to preservethe dignity of the judicial office and theimpartiality and independence of thejudiciary.

Sec. 7. Judges shall inform themselvesabout their personal fiduciary financialinterests and shall make reasonable effortsto be informed about the financial interestsof members of their family.

Sec. 8. Judges shall not use or lend theprestige of the judicial office to advancetheir private interests, or those of a memberof their family or of anyone else, nor shallthey convey or permit others to convey theimpression that anyone is in a specialposition improperly to influence them in theperformance of judicial duties.

TICKET-FIXINGMisconduct in which judges impermissibly takeadvantage of their position to avoid trafficviolations.

Sec. 9. Confidential information acquiredby judges in their judicial capacity shall notbe used or disclosed by for any otherpurpose related to their judicial duties.

Sec. 10. Subject to the proper performanceof judicial duties, judges mayo Write, lecture, teach and participate

in activities concerning the law, thelegal system, the administration ofjustice or related matters;

o Appear at a public hearing before anofficial body concerned with mattersrelating to the law, the legal system, theadministration of justice or relatedmatters;

o Engage in other activities if suchactivities do not detract from thedignity of the judicial office orotherwise interfere with theperformance of judicial duties.

Sec. 11. Judges shall not practice lawwhilst the holder of judicial office.

Sec. 12. Judges may form or joinassociations of judges or participate inother organizations representing theinterests of judges.

This rule also recognizes the differencebetween membership in associations ofjudges and membership in associations ofother legal professionals. While attendanceat lavish events hosted by lawyers mightcreate an appearance of impropriety,participation in a judges-only organizationsdoes not. (PhilJa)

Sec. 13. Judges and members of theirfamilies shall neither ask for, nor accept,any gift, bequest, loan or favor in relation toanything done or to be done or omitted tobe done by him or her in connection withthe performance of judicial duties.

Receiving money from a party litigant isthe kind of gross and flauntingmisconduct on the part of the judge, whois charged with the responsibility ofadministering the law and renderingjustice. (Ompoc v. Torre (1989))

Sec. 14. Judges shall not knowingly permitcourt staff or others subject to theirinfluence, direction or authority, to ask for,or accept, any gift, bequest, loan or favor inrelation to anything done or to be done oromitted to be done in connection with theirduties or functions.

Sec. 15. Subject to law and to any legalrequirements of public disclosure, judgesmay receive a token gift, award or benefit asappropriate to the occasion on which it ismade provided that such gift, award orbenefit might not reasonably be perceivedas intended to influence the judge in theperformance of judicial duties or otherwisegive rise to an appearance of partiality.


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TGENERAL RULE: Judges and members oftheir families cannot accept gifts, etc.

EXCEPTION: Subject to legal requirementslike public disclosure, may accept giftsprovided that it might not reasonably beperceived as intended to influence judge.

Section 7(d) of R.A. 6713 allows thefollowing:1) Gift of nominal value tendered and

received as a souvenir or mark ofcourtesy

2) Scholarship or fellowship grant ormedical treatment

3) Travel grants or expenses for traveltaking place entirely outside thePhilippines (such as allowances,transportation, food and lodging) ofmore than nominal value if suchacceptance is appropriate or consistentwith the interest of the Philippines, andpermitted by the head office, branch oragency to which the judge belongs.

V. Equality

CANON 5 - ENSURING EQUALITY OFTREATMENT TO ALL BEFORE THECOURTS IS ESSENTIAL TO THE DUEPERFORMANCE OF THE JUDICIALOFFICE.

This is a new Canon not found in theprevious two Philippine Codes of JudicialConduct. It expands the measures topromote equality required by internationalhuman rights agreements. Thoseagreements advocate a universalapplication of law and non-discriminationbetween the sexes. (PhilJa)

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

Sec. 2. Judges shall not, in theperformance of judicial duties, by words orconduct, manifest bias or prejudice towardsany person or group on irrelevant grounds.

Rule 137, Sec. 1 of the Rules of Courtexpressly states that no judge shall sit in

any case which he has been counsel (for aparty) without the written consent of allparties in interest, signed by them andentered upon the record. The prohibitionis not limited to cases in which a judgehears the evidence but includes as wellcases where he acts by resolvingmotions, issuing orders and the like. (InRe Judge Rojas (1998))

Sec. 3. Judges shall carry out judicialduties with appropriate consideration for allpersons, such as the parties, witnesses,lawyers, court staff and judicial colleagues,without differentiation on any irrelevantground, immaterial to the properperformance of such duties.

Sec. 4. Judges shall not knowingly permitcourt staff or others subject to his or herinfluence, direction or control todifferentiate between persons concerned, ina matter before the judge, on any irrelevantground.

Sec. 5. Judges shall require lawyers inproceedings before the court to refrain frommanifesting, by words or conduct, bias orprejudice based on irrelevant grounds,except such as are legally relevant to anissue in proceedings and may be thesubject of legitimate advocacy.

Women appearing as witnesses or litigants havefound themselves subjected to inappropriate,overly familiar and demeaning forms of address,comments on their personal appearance, sexistremarks, “jokes” and unwelcome advances. Ascourts are expected to ensure equality, anylawyer who makes an insensitive or demeaningcomment in court should be admonished.(PhilJa)

The action of the judge in seizing thewitness, Alberto Angel, by the shoulder andturning him about was unwarranted andan interference with that freedom fromunlawful personal violence to whichevery witness is entitled while givingtestimony in a court of justice. Againstsuch conduct the appellant had the right toprotest and to demand that the incident bemade a matter of record. That he did so wasnot contempt, providing protest anddemand were respectfully made and withdue regard for the dignity of the court. (InRe: Aguas (1901))


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TVI.Competence and Diligence

CANON. 6 - COMPETENCE ANDDILIGENCE ARE PREREQUISITES TOTHE DUE PERFORMANCE OF JUDICIALOFFICE.

Sec. 1. The judicial duties of a judge takeprecedence over all other activities.

Sec. 2. Judges shall devote theirprofessional activity to judicial duties,which include not only the performance ofjudicial functions and responsibilities incourt and the making of decisions, but alsoother tasks relevant to the judicial office orthe court's operations.

In the instant case, respondent judgeimpeded the speedy disposition of cases byhis successor on account of missing recordsof cases. This fact reflects an inefficient anddisorderly system in the recording of casesassigned to his sala. Proper and efficientcourt management is as much thejudge's responsibility for the Courtpersonnel are not the guardians of aJudge's responsibilities. A judge isexpected to ensure that the records of casesassigned to his sala are intact. There is nojustification for missing records savefortuitous events. The loss of not one buteight records is indicative of grossmisconduct and inexcusable negligenceunbecoming of a judge. (Longboan v. Polig(1990))

Sec. 3. Judges shall take reasonable stepsto maintain and enhance their knowledge,skills and personal qualities necessary forthe proper performance of judicial duties,taking advantage for this purpose of thetraining and other facilities which shouldbe made available, under judicial control, tojudges.

Even in the remaining years of his stayin the judiciary, he should keep abreastwith the changes in the law and with thelatest decisions and precedents. Althougha judge is nearing retirement, he should notrelax in his study of the law and courtdecisions. (Abad v. Bleza (1986))

The established doctrine and policy is thatdisciplinary proceedings and criminalactions against Judges are notcomplementary or suppletory of, nor a

substitute for, these judicial remedies,whether ordinary or extraordinary.

Resort to and exhaustion of these judicialremedies are prerequisites for the taking ofother measures against the persons of thejudges concerned.

It is only after the available judicialremedies have been exhausted and theappellate tribunals have spoken withfinality that the door to an inquiry intohis criminal, civil, or administrativeliability may be said to have opened, orclosed. (Maquiran v. Grageda, 451 SCRA15 (2005))

Sec. 4. Judges shall keep themselvesinformed about relevant developments ofinternational law, including internationalconventions and other instrumentsestablishing human rights norms.

Sec. 5. Judges shall perform all judicialduties, including the delivery of reserveddecisions, efficiently, fairly and withreasonable promptness.

Sec. 6. Judges shall maintain order anddecorum in all proceedings before the courtand be patient, dignified and courteous inrelation to litigants, witnesses, lawyers andothers with whom the judge deals in anofficial capacity. Judges shall requiresimilar conduct of legal representatives,court staff and others subject to theirinfluence, direction or control.

Sec. 7. Judges shall not engage in conductincompatible with the diligent discharge ofjudicial duties.

By issuing orders indefinitely postponingthe hearing of election protest, the judge inDe la Cruz v. Pascua manifestedinefficiency in the disposition of an electionprotest case and thus overtly transgressedbasic mandatory rules for expeditiousresolution of cases. (De la Cruz v. Pascua,359 SCRA 568 (2001))

REVIEWER IN LEGAL ETHICS Chapter V. Discipline of Judges

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Chapter V. Discipline of Judges

I. LIABILITIES OF JUDGESII. DISCIPLINE OF MEMBERS OF THE

BENCH

I. Liabilities of Judges

Statutory Basis1987 Constitution, Art. VIII, Section 11. Themembers of the Supreme Court and judges oflower courts shall hold office during a goodbehavior until they reach the age of seventyyears or become incapacitated to discharge theduties of their office. The Supreme Court enbanc shall have the power to discipline judges oflower courts, or order their dismissal by a vote ofmajority of the Members who actually took partin the deliberations on the issues in the caseand voted thereon.

GENERAL RULE: A judge is not liableadministratively, civilly or criminally whenhe acts within his power and jurisdiction.

This frees the judge from apprehension ofpersonal consequences to himself and topreserve the integrity and independence ofthe judiciary.

EXCEPTION: Serious misconduct;inefficiency; gross and patent, or deliberateand malicious error; bad faith

MISCONDUCTWrongful intention and not mere error injudgment (Raquiza vs. Castaneda, 82 SCRA 235)

SERIOUS MISCONDUCTExists when the judicial act complained of iscorrupt or inspired by an intention to violate thelaw or a persistent disregard of well-known legalrules. (Galangi v. Macli-ing, Adm. Matter No. 75-DJ, Jan. 17, 1978)

SERIOUS INEFFICIENCYAn example is negligence in the performance ofduty, if reckless in character (Lapena v. Collado,76 SCRA 82)

ERROR OR IGNORANCE OF LAWError or mistake must be gross or patent,malicious, deliberate or in bad faith.Must act fraudulently, corruptly or with grossignorance.

Caveat: Not every error or mistake of a judge inthe performance of his duties makes him liable.To hold the judge administratively accountablefor every erroneous ruling or decision herenders, assuming he has erred, would benothing short of harassment and would makehis position unbearable. (Secretary of Justice v.Marcos, 76 SCRA 301)

Misconduct implies malice or a wrongfulintent, not a mere error of judgment. “Forserious misconduct to exist, there must bea reliable evidence showing that the judicialacts complained of were corrupt or wereinspired by an intention to violate the law,or were in persistent disregard of well-known legal rules.” (In re: Impeachment ofHorilleno, 43 Phil. 212)

Inefficiency implies negligence, ignoranceand carelessness. A judge would beinexcusably negligent if he failed to observein the performance of his duties thatdiligence, prudence and circumspectionwhich the law requires in the rendition ofany public service. (In re: Climaco, 55 SCRA107)

II. Discipline of Members of theBench

GROUNDS1) Serious misconduct2) Inefficiency

Instances of Serious Misconduct WhichMerited Discipline by the Supreme Court:

o Failure to deposit funds with themunicipal treasurer or produce themdespite his promise to do so(Montemayor v. Collado, 107 SCRA 258).

o Misappropriation of fiduciary funds(proceeds of cash bail bond) bydepositing the check in his personalaccount, thus converting the trust fundinto his own use (Barja v. Beracio, 74SCRA 355).

o Extorting money from a party-litigantwho has a case before his court (HawTay v. Singayao, 154 SCRA 107).

o Solicitation of donation for officeequipment (Lecaroz v. Garcia).

o Frequent unauthorized absences inoffice (Municipal Council of Casiguruhan,Quezon v. Morales, 61 SCRA 13).

Instances of Gross Inefficiency WhichMerited Discipline by the Supreme Court

o Delay in the disposition of cases inviolation of the Canon that a judge mustpromptly dispose of all matters

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submitted to him. With or without thetranscripts of stenographic notes, the90-day period for deciding cases orresolving motions must be adhered to(Balagot v. Opinion, 195 SCRA 429).

o Unduly granting repeated motions forpostponement of a case (Araza v. Reyes,64 SCRA 347).

o Unawareness of or unfamiliarity withthe application of the IndeterminateSentence Law and the duration andgraduation of penalties (In re: Paulin,101 SCRA 605).

o Reducing to a ridiculous amount(P6,000.00) the bail bond of the accusedin a murder case thus enabling him toescape the toils of the law (Soriano v.Mabbayad, 67 SCRA 385).

o Imposing the penalty of subsidiaryimprisonment on a party for failure topay civil imdemnity in violation of R.A.5465 (Monsanto v. Palarca, 126 SCRA45).

CONDUCT:Administrative cases against lower courtjudges and justices are automaticallytreated as disbarment cases

Quantum of evidence required: Beyondreasonable doubt.

Rules for evidence: Same rules as incriminal trials

EFFECT OF WITHDRAWAL, DESISTANCE,RETIREMENT OR PARDON

The withdrawal of the case by thecomplainant, or the filing of an affidavitof desistance or the complainant’s lossof interest does not necessarily causethe dismissal thereof. REASON: Tocondition administrative actions upon thewill of every complainant who for onereason or another, condones a detestableact is to strip the Supreme Court of itssupervisory power to discipline erringmembers of the judiciary. (Anguluan v.Taguba, 93 SCRA 179)

Desistance will not justify the dismissal ofan administrative case if the records willreveal that the judge had not performed hisduties. (Espayos v. Lee, 89 SCRA 478)

REVIEWER IN LEGAL ETHICS Chapter VI. Frequently Asked Legal FormsC

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Chapter VI. Frequently AskedLegal Forms

I. PARTS COMMON TO FORMSA. SCILICETB. CAPTIONS AND TITLESC. ACKNOWLEDGEMENT AND JURAT

II. GENERAL FORMSA. DEEDB. CONTRACTC. JUDICIAL FORMD. CRIMINAL INFORMATIONE. AFFIDAVIT

MOTIONSApplications to the court for interlocutory orinterim orders

PLEADINGSSeek final reliefs

I. Parts Common to Forms

A. Scilicet

Scilicet is represented by the double "S.S"at the end of the REPUBLIC OF THEPHILIPPINES and theCITY/PROVINCE/MUNICIPALITY ofjurisdiction of the Notary Public, hence itdenotes venue of execution of theinstrument or document.

Standard Form of Scilicet:

REPUBLIC OF THE PHILIPPINES )PROVINCE OF SORSOGON ) S.S.MUNICIPALITY OF PILAR )

B. Captions and Titles

In general

Form No. 1. Caption Common to allpleadings

(SCILICET)

APlaintiff,

-- versus -- Case number

CDefendant

OR

IN THE MATTER OF _______(When the case is a special proceeding.

C. Acknowledgement and Jurat

Acknowledgment JuratDeclaration that aperson has himselfexecuted a deed

Certification that theinstrument was“sworn” to him

Purpose:To authorize deed tobe given in evidencewithout further proofof its executionTo entitle it to berecorded

Purpose:To give the document alegal character

Where used:To authenticate anagreement betweentwo or more personsDocument contains adisposition of property

Where used:AffidavitsCertificationsStatement of facts orattestation to the truthof an event, madeunder oath

Form 1. Acknowledgement

Acknowledgement with one signatory

a) Ordinary Acknowledgment Form

REPUBLIC OF THE PHILIPPINES ) S.S.CITY OF MANILA )

BEFORE ME, a Notary Public in and for the Cityof Manila, this ___day of _________, 2009,personally appeared___________________withCommunity Tax Certificate No. ____________issued at __________on __________2009, known tome and to me known to be the same person whoexecuted the foregoing instrument and heacknowledged that the same is his own free andvoluntary act and deed.

b) Acknowledgment Form for Sales of RealProperty (consisting of two or more pagesand conveying two or more parcels of land)

(SCILICET)

BEFORE ME, a Notary Public in and for the Cityof Cebu, this ___ day of November, 2009,personally appeared ______ with Com. Tax Cert.(CTC) No. _____ issued at ___ on ____ and _______with CTC No. _____ issued at ____on _____,personally known to me and to me known to bethe same persons who executed the foregoinginstrument which they signed and acknowledgedbefore as their own free and voluntary and deed.

The foregoing instrument relates to a DEED OFABSOLUTE SALE of two (2) parcels of land,consisting of two (2) pages, including this pageon which this acknowledgment is written, andhas been signed at the bottom and on the lefthand margin of the first page thereof, by theparties and their instrumental witnesses, andsealed with my notarial seal.


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WITNESS MY HAND AND SEAL, on the date andplace first above written.

Doc. No. ____Page No. ___Book No. ___Series of 2009

Form 2. Jurat

SUBSCRIBED AND SWORN to before me this___day of _____,2009 at the City of Manila,affiant exhibited to me his Community TaxCertificate No. ________issued at ________on_______2009.

II. General Forms

A. Deed

Deeds, or formal contracts under seal, aredocuments in which certain formalities arefollowed with the result that they can beenforced even if consideration is absentfrom the agreement.

Parts of a Typical Deed (TAPCCSA)TitleAnnouncementParties, first and secondConsiderationConveyance or actSignatureAcknowledgement

Deed of Sale: Parcel of Land*(appeared 8 times in bar)

Republic of the Philippines )Makati City ) s.s.

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

I, MA YA MAN, Filipino, single, and residentof _________________________, for and inconsideration of the amount of_______________________, paid to me today by MAGU LANG, Filipino, single and resident of________________ do hereby SELL, TRANSFERand CONVEY absolute and unconditionally untosaid MA GU LANG that certain parcel(s) of land,together with the buildings and improvementsthereon situated in the City of Makati, and moreparticularly described as follows:

(Technical Description of property/ies; specifymetes and bounds of the property/ies withapproximate area thereof, as indicated on theface of the title)

of which I am the registered owner in fee simple,my title thereto being evidenced by Transfer (orOriginal) Certificate of Title No. ______, issued bythe Register of Deeds of Makati City.

It is hereby mutually agreed that the vendeeshall bear all expenses for the execution andregistration of this deed of sale.

IN WITNESS WHEREOF, I have signed thisdeed this 7th day of July, 2007 at Makati City.

MA YA MANVendor

[Note: if vendor is married, marital consent mustbe secured; thus, the Deed must also indicatethis. If vendor is married, then add thefollowing:]

With my consent:

ASA WAVendor’s Wife

SIGNED IN THE PRESENCE OF:

(Sgd.) MIRON 1

(Sgd.) MIRON 2

Plus: Acknowledgment

B. Contract

Parts of a Typical Contract (TAPWATSA)TitleAnnouncementParties, first and secondWhereasAgreement properTerms or conditionsSignatureAcknowledgement

Contract of Lease*(appeared 5 times in bar)

CONTRACT OF LEASE


This Agreement made and entered into atMakati this 7th day of July 2007 by andbetween DAMI BAHAY, of legal age, married toASA WA, (LESSOR) and resident of Makati City,and ALANG BAHAY, of legal age, single andresident of Quezon City (LESSEE), WITNESSETHthat:

1. In consideration of a monthly rental ofFIVE THOUSAND PESOS (P5,000.00) and thecovenants made below, the LESSOR herebyLEASES to the LESSEE an apartment located at


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199 San Antonio Village, Makati City covered byTax Declaration No. 001 (Makati City Assessor’sOffice) for a period of TWELVE (12) MONTHSfrom signing of this contract.

2. The LESSEE covenants, as follows:

2.1. To pay the rentals on or before the fifthday of each month, without need of demand atthe residence of LESSOR;

2.2. To keep the premises in good andhabitable condition, making the necessaryrepairs and painting inside and outside thehouse;

2.3. Not to make major alterations andimprovements without the written consent of theLESSOR and in the event of such unauthorizedmajor alterations and improvements,surrendering ownership over suchimprovements and alterations to the LESSORupon expiration of this lease;

IN WITNESS WHEREOF, the parties have signedthis contract on the date and the place firstmentioned.

DAMI BAHAY ANG BAHAYLessor Lessee

With my consent:ASA WA

Acknowledgment

BEFORE ME, a Notary Public for MakatiCity, personally appeared on the 7th of July2007, the following persons, with theirrespective CTC details indicated below:

DAMI BAHAY CTC No. _________ issued at/onALANG BAHAY CTC No. _________ issued at/on

known to me to be the same persons whoexecuted the foregoing instrument, denominatedas a Contract of Lease consisting of __ pages,signed on each and every page by the partiesand their instrumental witnesses, havingacknowledged the same before me as their ownfree and voluntary act and deed.

TO THE TRUTH OF THE FOREGOING,witness now my hand and seal on the date andplace mentioned above.

N.O. TARIOUntil December 31, 2007PTR No. 0000111/1/05/99, Makati CityDoc. No.Page No.Book No.Series of 2007.

C. Judicial form

Parts of a Typical Judicial Form(CTIBRAAA)CaptionTitleIntroductionBodyReliefAttorneyAddendumAnnexes

D. Criminal Information

Parts of a Typical Complaint (CTBAA)CaptionTitleIntroductionBodyAttorneyAnnex

Complaint AnswerCause of action Admission, defenses,

or counterclaimPrayer plus- verification- certification of

non-forumshopping

Prayer plus- verification- statement of copy

furnished theadverse party

- proof of service- explanation

Complaint: Ejectment*(appeared 7 times in bar)

Regional Trial CourtNational Capital Judicial RegionMETROPOLITAN TRIAL COURT

Quezon City, Branch 33

ALIS DI-YAN COMPANY,Plaintiff,

Civil Case No. 2222- versus - For: Ejectment

YOKO NGA,Defendant.

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

COMPLAINT

PLAINTIFF, by counsel, respectfully statesthat:

1. Plaintiff is a foreign corporationorganized and existing under the laws of Francewith business address at 111 Ocean Drive, TunaCompound, Quezon City; Defendant is aFilipino, of legal age, single and currentlyresident of 112 Ocean Drive, Tuna Compound,Quezon City, where he may be served withsummons and other pertinent processes.


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2. Plaintiff owns that property located at112 Ocean Drive, Tuna Compound, Quezon Citywhich it leased to defendant under the termsand conditions stated in the Contract of Leasedated 1 January 2005, which contract expireson 31 December 2006. A copy of the contract isattached as ANNEX A.

3. Upon expiration of the contract, plaintiffinformed defendant of its intention not to renewthe lease as it would use the property for itsbusiness expansion; plaintiff then askeddefendant to vacate the premises. A copy ofplaintiff’s letter to defendant is attached asANNEX B.

4. Despite demand duly made and received,defendant has refused to vacate the premisesand continues to occupy the property withoutplaintiff’s consent. Resort to the Barangayconciliation system proved useless as defendantrefused to appear before the LupongTagapamayapa. A Certification to File Action isattached as ANNEX C.

5. Defendant’s act of dispossession hascaused plaintiff to suffer material injury becauseplaintiff’s business expansion plans could not beimplemented despite the arrival of machineriesspecifically leased for this purpose at the rentalrate of US$500 per month. Defendant’scontinued occupation of the premises has alsoforced plaintiff to sue and to incur legalexpenses amounting to Fifty Thousand Pesos(P50,000.00).

WHEREFORE, plaintiff respectfully prays forjudgment in its favor by ordering defendant tovacate the property and peacefully turn overpossession to plaintiff and for defendant to payplaintiff the amount of US$3,500 representingrentals on the machineries for seven (7) monthsand Fifty Thousand Pesos (P50,000.00) forAttorney’s fees.

Other just and equitable reliefs are alsoprayed for.

Quezon City; 13 April 2007.

(Sgd.) ATTICUS FINCHCounsel for Plaintiff

[Address]

Plus:1. Verification and Certification against Forum

Shopping2. Jurat

Criminal Information: Rape*(appeared 4 times in bar)

PEOPLE OF THE PHILIPPINES,Plaintiff,

Criminal Case No. 00567- versus - For: Attempted Rape

MAEL SIA,Accused.

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

INFORMATION

The undersigned accuses MAEL SIA ofattempted rape committed as follows:

That on or about 6 June 2005, in QuezonCity, the accused did then and there wilfully,unlawfully and feloniously enter the house ofSEK SEE, a married woman, and finding thather husband was away, with lewd designs andby means of force and intimidation, commenceddirectly by overt acts to commit the crime ofattempted rape upon her person, to wit: whileSEK SEE was cooking lunch, the accused seizedher from behind, threw her to the floor, raisedher skirt, pulled down her underwear andattempted to penetrate her with his sexual organand would have succeeded in doing so had nother loud protests and vigorous resistancebrought her neighbors to her assistance,causing the accused to flee from the premiseswithout completing all the acts of execution.

CONTRARY TO LAW with the aggravatingcircumstance of dwelling.

ELLIOT NESSAssistant City Prosecutor

Plus: Certification of Preliminary Investigation orInquest

Criminal Information: Homicide(frustrated, attempted)(appeared 5 times in bar)


Criminal Case No. 00568- versus - For: Attempted Homicide

KILING M. SOFTLI,Accused.

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

INFORMATION

The undersigned accuses KILING M. SOFTLI ofthe crime of ATTEMPTED HOMICIDE,committed as follows, to wit:


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That on or about April 27, 2009, at about 3p.m., in the Municipality of San Jose, Provinceof Occidental Mindoro and within thejurisdiction of this Honorable Court, the saidaccused, armed with a jungle knife, and withevident intent to kill, did then and therewillfully, unlawfully, and feloniously attackVETYLA PHIA with his said weapon, missingsaid VETYLA PHIA by only a fraction of an inch,and would have continued his criminal act hadnot the said VETYLA PHIA successfully resistedhim with the help of some bystanders whoresponded to her cry for help.

Contrary to law with the aggravatingcircumstance of superior strength.

MOE FESTERAssistant City Prosecutor



Criminal Case No. 00568- versus - For: Frustrated Homicide

KILING M. SOFTLI,Accused.

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

INFORMATION

The undersigned accuses KILING M. SOFTLI ofthe crime of FRUSTRATED HOMICIDE,committed as follows, to wit:

That on or about April 27, 2009, at about 3p.m., in the Municipality of San Jose, Provinceof Occidental Mindoro and within thejurisdiction of this Honorable Court, the saidaccused, armed with a jungle knife, and withevident intent to kill, did then and therewillfully, unlawfully, and feloniously attack oneVETYLA PHIA inflicting mortal wounds indifferent parts of his body, which would havedirectly caused the death of said VETYLA PHIA ,thus performing all acts of execution whichwould have produced the crime of homicide as aconsequence, but nevertheless did not producethe same by reason of caused independent of hiswill, that is, because of thEe timely medicalassistance rendered on the said VETYLA PHIA .

Contrary to law with the aggravatingcircumstance abuse of superior strength.

MOE FESTERAssistant City Prosecutor


Motion to Quash*(appeared 4 times in bar)

Republic of the PhilippinesNational Capital Judicial Region

REGIONAL TRIAL COURTBranch 90, Quezon City


Criminal Case No. 00567- versus - For: Theft

KLEPTO MANIAC,Accused.

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

MOTION TO QUASH

THE ACCUSED, by counsel, respectfullymoves to quash the Information for the crime oftheft on the following:

GROUNDS

1. IT CONTAINS AVERMENTS WHICH, IFTRUE, WOULD CONSTITUTE A LEGALJUSTIFICATION;

2. THIS COURT IS WITHOUT JURISDICTION.

In support, the accused respectfully statesthat:

ARGUMENT

The Information alleges that the accusedKLEPTO MANIAC is eleven (11) years old andwithout any known address. Under Article 12,paragraph 3 of the Revised Penal Code, a personover nine years of age and under fifteen, unlesshe acted with discernment, is exempt fromcriminal liability.

There is no allegation that the accused actedwith discernment. Even granting saiddiscernment, the accused cannot be tried butinstead proceeded against under Article 80 ofthe Revised Penal Code, which provides that aminor, unless sixteen years of age at the time ofthe commission of a grave or less grave felony,cannot be tried but instead shall have thebenefit of a suspension of all proceedingsagainst him. The duty of the court would be tocommit the minor to the custody or care of apublic or private benevolent or charitableinstitution for the care and education ofhomeless and delinquent children or to thecustody of the Department of Social Work andDevelopment.

WHEREFORE, it is respectfully prayed thatthe Information against the accused beQUASHED and that the accused be releasedimmediately from detention.


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Quezon City; 7 July 2007.

(Sgd.) MITCH MCDEERECounsel for the Accused

[Address]

Plus:1. Request for and Notice of Hearing2. Proof of Service

E. Affidavit or sworn statement

Parts of a Typical Affidavit (CaTPOSSiJ)CaptionTitlePartyOathStatementSignatureJurat

Special Power of Attorney*(asked 4 times in bar)

SPECIAL POWER OF ATTORNEY


I, OBI WAN KENOBI, of legal age, andresident of Tatooine, do hereby name, constituteand appoint PADME AMIDALA, of legal age, andresident of Naboo, to be my true and lawfulAttorney-in-Fact and in my name, place andstead, do perform the following specific act(s):

(Specify the particular act/s to be performed)

Giving and granting unto said attorney-in-fact power and authority to do every actnecessary and required in connection with thesepresents, and hereby ratifying and confirming allthat she may do by virtue of these presents.

IN WITNESS WHEREOF, I have signed thisSpecial Power of Attorney this 7 July 2007 atTatooine.

(Sgd.) OBI WAN KENOBIPrincipal

SIGNED IN THE PRESENCE OF:

(Sgd.) R2D2 (Sgd.) C3PO

Plus: Acknowledgment

* These forms were lifted from Prof.Theodore Te’s Legal Forms v2007.

REVIEWER IN LEGAL ETHICS Glossary of Uncommon TermsG

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Glossary of Uncommon Terms

ABJURE - to renounce, repudiate or retract,esp. with solemnity, under oath; to recant.

AB INITIO - from the beginning

ABNEGATE - to refuse or deny oneself (rights,claims, conveniences, etc.); reject; give up

ADDLEBRAINED - foolish; silly; having orrevealingf a muddled or confused mind;stupid

AD HOMINEM - appealing to one's prejudices,emotions or special interest rather than tointellect or reason, as by attacking one'sopponent rather than debating the issue.

ADVENTITIOUS - added extrinsically; notessentially inherent; out of the proper placeor usual place.

A FORTIORI - with stronger reason

AGRESTIC - rural; crude; uncouth

AIDE-MEMOIRE - a memorandum of adiscussion; proposed agreement

ALEATORY - depending or pertaining tochance, luck or contingency; unpredictable

ALEXIPHARMAC - an antidote

AMICUS CURIAE - a friend of the court; aperson appointed by the court as animpartial adviser.

AMORPHOUS - without definite form;shapeless, of no definite or particular type,kind or character; unorganized; vague.

ANACHRONISM - the representation ofsomething as existing or occurring at otherthan its proper time, esp. earlier; anythingthat is or seems to be out of its proper timein history

ANCHORITE - a person who lives alone andapart from society for religious meditation;hermit; recluse

ANDROGYNOUS - exhibiting both male andfemale characteristics, esp. sexual ones;hermaphroditic

ANIMADVERT - to observe, censure; tocomment or act upon something withdisapproval; criticize adversely

ANTEBELLUM - before the war

ANTIPODE - anything diametrically opposed;exact opposite

ANTITHESIS - opposition; contrast; the directopposite

APHORISM - a terse, pithy expressionembodying a wise or clever observation or ageneral truth; maxim; adage

APOCALYPTIC - prophesying total destructionor great disasters; affording a revelation orprophesy; pertaining to the Apocalypse

APOCRYPHAL - of doubtful sanction,authorship or authority; uncanonical; false;spurious; counterfeit

APOGEE - the farthest or highest point

A POSTERIORI - from the effect to the cause;reasoning sequence opposed to a priori

A PRIORI - reasoning sequence from cause toeffect

ARGUMENTUM AD ADSURDUM - anargument proving the absurdity of anopponent's argument

ARGUMENTUM AD HOMINEM - anargument to the individual man, i.e., to hisinterests and prejudices

ATHWART - across; against; opposed

ATRABILIOUS - sad; melancholy; morose;gloomy; irritable; bad-tempered

AUTARKY - national economic self-sufficiency;a national policy of economic independence,esp. of getting along without imports

AUTODIDACT - a person who is self-taught

AVANT GARDE - the advance group, theleaders, or the radical in any field, esp. inthe visual, literary or musical arts, whoseworks are characterized by unorthodox andexperimental methods; vanguard

BAGATELLE - something of little value; anunimportant trifle; a short, light piece ofmusic

BEAU COUP - very much; very many

BEAU GESTE - a fine or beautiful gesture; anact or offer that seems fine, noble but isempty

BEAU MONDE - fashionable society; elegantworld

BELLWETHER - a leader of a movement oractivity

BETE NOIRE - something or someone that aperson particularly dislikes, fears, avoids,dreads or loathes

BILLINGSGATE - coarsely or vulgarly abusivelanguage

BLANDISHMENT - speech or action thatflatter and tends to coax, entice or persuade;allurement

BLOVIATE - to orate verbosely and windily

BONHOME - good nature; pleasant and easymanner

BON VIVANT - a person who lives luxuriouslyand enjoys good food and drink; an epicure

BRAVURA - a display of daring; brilliantperformance; dash

BRIO - animation; vivacity; zest

BUMPTIOUS - offensively assertive;disagreeably or excessively conceited,arrogant or forward

CACHINNATE - to laugh loudly, immoderatelyor excessively

CADGE - to obtain by imposing on another'sgenerosity or friendship; to borrow withoutintent to repay

CARTE BLANCHE - full power orauthorization

CAVEAT EMPTOR - let the buyer beware

CAVIL - a trivial, annoying and pointlessobjection; quibble; the raising of trivialquestions

CHIMERA - a horrible or unreal creature of theimagination; a vain, impossible or idle fancy

CHUTZPAH - unmitigated effrontery orimpudence; shameless audacity; insolence

CLAUDICANT - lame; having a limp


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CLERISY - learned persons as a class; literati;intelligentsia; educated people as a class

CLOY - to weary by an excess of something, asof food; sweetness, richness or pleasure;surfeit; satiate; to become uninteresting ordistasteful through overabundance

COGITATE - to think deeply or intently; toponder; to meditate

COGNOSCENTI - those who are well-informedor have superior knowledge andunderstanding of a certain field, esp. of finearts, literature or the world of fashion

COLLOCATE - to arrange or place together,esp. side by side; to arrange in proper order

COMMINATE - to threaten with divinevengeance

COMPOS MENTIS - of sound mind

CONCATENATION - a series of links united; aseries or order of things depending on eachother as if linked together; a chain;succession

CONDIGN - suitable to the fault or crime;deserved; adequate

CONTRETEMPS - an inopportune orunfortunate occurrence; an embarrassingmischance; awkward mishap

CONUNDRUM - a riddle whose answerinvolves a pun; any puzzling question orproblem

COUP DE GRACE - a death blow, esp. onedelivered mercifully to end suffering by amortally wounded person; any finishing ordecisive stroke

CUMSHOW - a present, gratuity or tip

DEBOUCH - to come forth; emerge

DECLASSE - reduced to or having low status

DEFENESTRATION - the act of throwing aperson or thing out of a window; a tossingout through a window

DEMIMONDE - a class of women who havelost social standing because of indiscreetbehavior or sexual promiscuity

DEMOTIC - of or pertaining to the commonpeople; popular; common

DE RIGUEUR - strictly required, as byetiquette, usage or fashion

DESULTORY - lacking in consistency,constancy, or visible order; disconnected;not methodical

DETRITUS - loose material that is worn awayfrom rocks, debris

DIKTAT - a harsh settlement unilaterallyimposed on a defeated party; anauthoritative decree or order

EBULLIENT - overflowing with enthusiasm orexcitement

EFFULGENCE - the state of being bright orradiant; brilliance

ESURIENT - hungry; voracious; greedy

EXIGUOUS - extremely scanty; meager

EX PARTE - from one side only; other party isnot around or absent

EX TEMPORE - without preparation;impromptu

FAIT ACCOMPLI - a thing already done

FALSUS IN UNO, FALSUS IN OMNIBUS -false in one thing, false in everything.Legally, the entire testimony of a witnessmay be disregarded if some part of it isfound to be false.

FARRAGO - a confused mixture; anassortment; a medley

FAUX PAS - a false step; a social blunder

FRIABLE - easily crumbled; pulverized orreduced to powder

FURBELOW - something showy or superfluous

GAUCHERIE - lack of social grace;tactlessness

GLABRIOUS - smooth; bald; without hair

GRACILE - gracefully slender; thin

GRANDILOQUENT - speaking or expressed ina lofty highfalluting, pompous or bombasticstyle

GRAVAMEN - the essential part of anaccusation or that which weighs mostheavily or adversely against the accused

GRAVID - in the family way or pregnant

HABEAS CORPUS - a legal order directingsomebody with custody of a person to bringthe party in court

HALCYON - peaceful; calm; tranquil

HOLOGRAPHIC - wholly written by the personin whose name it appears, appliesparticularly to wills and testaments

IN ARTICULO MORTIS (IN EXTREMIS) - atthe point of death

INCHOATE - in the early stages; not yetcompletely or clearly formed or organized;incipient

INCULPATE - to charge with fault; blame,accuse or involve in a charge

INEFFABLE - incapable of being expressed inwords; unspeakable; indescribable

INELUCTABLE - impossible to avoid or evade;inevitable

IN LOCO PARENTIS - in the place of a parent

IPSO FACTO - by the fact itself; by the natureof the case

JINGO - a person who professes patriotismloudly or excessively

KVETCH - to complain; to whine

LAMBENT - playing lightly on or over asurface; flickering as a lambent flame

LEGERDEMAIN - sleight of hand

LOGORRHEA - excessive talkativeness orwordiness

MODUS VIVENDI - mode of living

MOIETY - one of equal parts; an indefinite part

NE PLUS ULTRA - the highest point orculmination; the highest point of perfection

NIHILISM - total rejection of established lawsand institutions; extreme skepticism

NOBLESSE OBLIGE - the moral obligation ofthe rich to display honorable or charitableconduct

NON COMPOS MENTIS - not of sound mind


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NON SEQUITUR - conclusion that does notfollow logically from the premises; a remarkhaving no bearing on what has just beensaid

NUGATORY - of no real value; of no force oreffect; ineffective

OBITER DICTUM - in court decisions, astatement made by way of opinion

ONUS PROBANDI - the burden of proof

OXYMORON - a figure of speech in whichopposite or contradictory ideas or terms arecombined, such as open secret, cruelkindness, deafening silence

POLEMIC - a person inclined to engage inargument or disputation

PROLIX - unnecessarily long; tending to speakor write excessive length

PUTATIVE - to suppose; consider; reputed;generally considered or deemed such

QUID PRO QUO - something in return;compensation

QUOTIDIAN - daily; occurring or recurringdaily; ordinary; common

RAPPROCHEMENT - bringing together;drawing closer; reconciliation

RATIOCINATION - the process of reasoning

RECHERCHE - sought out with care; choice;too refined; too studied

SERIATIM - in a series; one after another

SUB JUDICE - under consideration by thecourt; pending judgement

SYBARITE - a person devoted to luxury andpleasure

TEMERARIOUS - recklessly orpresumptuously daring

UMBRAGE - offense; resentment; annoyance ordispleasure

USUFRUCT - the right to use or benefit fromsomething which belongs to another, shortof destroying or harming it; the use,enjoyment or profitable possession ofsomething

UXURIOUS - doting upon, irrationally fond ofor affectionately over abusive toward one'swife

VERISIMILITUDE - the appearance orsemblance of truth or fact; probability;something having merely the appearance oftruth

VOLTE FACE - the act of turning so as to facein the opposite direction; a complete changeof attitude or opinion

REVIEWER IN LEGAL ETHICS Annexes

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Annexes

SPECIAL RULES FOR THE PRACTICE OF LAWK. 2004 RULES ON NOTARIAL PRACTICEL. BM 850 MCLEM. BM 2012 RULE ON MANDATORY LEGAL

SERVICE

INDIGENT CLIENTSN. RA 6033O. RA 6034P. RA 6035Q. PD 543

SPECIAL LAW ON RETIRED JUSTICE ANDJUDGESR. RA 910S. PD 1438

LAW ON OBSTRUCTION OF JUSTICET. PD 1829

Special Rules on the Practice ofLaw

A. 2004 Rules on Notarial Practice

2004 Rules on Notarial Practice(Aug. 1, 2004)

RULE IIMPLEMENTATION

Sec. 1. Title. - These Rules shall be knownas the 2004 Rules on Notarial Practice.

Sec. 2. Purposes. - These Rules shall beapplied and construed to advance thefollowing purposes:a. to promote, serve, and protect public

interest;b. to simplify, clarify, and modernize the

rules governing notaries public; andc. to foster ethical conduct among notaries

public.

Sec. 3. Interpretation. - Unless the contextof these Rules otherwise indicates, words inthe singular include the plural, and wordsin the plural include the singular.

RULE IIDEFINITIONS

Sec. 1. Acknowledgment. -"Acknowledgment" refers to an act in whichan individual on a single occasion:a. appears in person before the notary

public and presents an integrallycomplete instrument or document;

b. is attested to be personally known tothe notary public or identified by thenotary public through competentevidence of identity as defined by theseRules; and

c. represents to the notary public that thesignature on the instrument ordocument was voluntarily affixed byhim for the purposes stated in theinstrument or document, declares thathe has executed the instrument ordocument as his free and voluntary actand deed, and, if he acts in a particularrepresentative capacity, that he has theauthority to sign in that capacity.

Sec. 2. Affirmation or Oath. - The term"Affirmation" or "Oath" refers to an act inwhich an individual on a single occasion:a. appears in person before the notary

public;b. is personally known to the notary public

or identified by the notary publicthrough competent evidence of identityas defined by these Rules; and

c. avows under penalty of law to the wholetruth of the contents of the instrumentor document.

Sec. 3. Commission. - "Commission" refersto the grant of authority to perform notarialacts and to the written evidence of theauthority.

Sec. 4. Copy Certification. - "CopyCertification" refers to a notarial act inwhich a notary public:a. is presented with an instrument or

document that is neither a vital record,a public record, nor publicly recordable;

b. copies or supervises the copying of theinstrument or document;

c. compares the instrument or documentwith the copy; and

d. determines that the copy is accurateand complete.

Sec. 5. Notarial Register. - "NotarialRegister" refers to a permanently boundbook with numbered pages containing achronological record of notarial actsperformed by a notary public.

Sec. 6. Jurat. - "Jurat" refers to an act inwhich an individual on a single occasion:a. appears in person before the notary

public and presents an instrument ordocument;

b. is personally known to the notary publicor identified by the notary public


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through competent evidence of identityas defined by these Rules;

c. signs the instrument or document inthe presence of the notary; and

d. takes an oath or affirmation before thenotary public as to such instrument ordocument.

Sec. 7. Notarial Act and Notarization. -"Notarial Act" and "Notarization" refer toany act that a notary public is empoweredto perform under these Rules.

Sec. 8. Notarial Certificate. - "NotarialCertificate" refers to the part of, orattachment to, a notarized instrument ordocument that is completed by the notarypublic, bears the notary's signature andseal, and states the facts attested to by thenotary public in a particular notarization asprovided for by these Rules.

Sec. 9. Notary Public and Notary. - "NotaryPublic" and "Notary" refer to any personcommissioned to perform official acts underthese Rules.

Sec. 10. Principal. - "Principal" refers to aperson appearing before the notary publicwhose act is the subject of notarization.

Sec. 11. Regular Place of Work or Business.- The term "regular place of work orbusiness" refers to a stationary office in thecity or province wherein the notary publicrenders legal and notarial services.

Sec. 12. Competent Evidence of Identity. -The phrase "competent evidence of identity"refers to the identification of an individualbased on:a. at least one current identification

document issued by an official agencybearing the photograph and signatureof the individual; or

b. the oath or affirmation of one crediblewitness not privy to the instrument,document or transaction who ispersonally known to the notary publicand who personally knows theindividual, or of two credible witnessesneither of whom is privy to theinstrument, document or transactionwho each personally knows theindividual and shows to the notarypublic documentary identification.

Sec. 13. Official Seal or Seal. - "Official seal"or "Seal" refers to a device for affixing amark, image or impression on all papers

officially signed by the notary publicconforming the requisites prescribed bythese Rules.

Sec. 14. Signature Witnessing. -The term"signature witnessing" refers to a notarialact in which an individual on a singleoccasion:a. appears in person before the notary

public and presents an instrument ordocument;

b. is personally known to the notary publicor identified by the notary publicthrough competent evidence of identityas defined by these Rules; and

c. signs the instrument or document inthe presence of the notary public.

Sec. 15. Court. - "Court" refers to theSupreme Court of the Philippines.

Sec. 16. Petitioner. - "Petitioner" refers to aperson who applies for a notarialcommission.

Sec. 17. Office of the Court Administrator. -"Office of the Court Administrator" refers tothe Office of the Court Administrator of theSupreme Court.

Sec. 18. Executive Judge. - "ExecutiveJudge" refers to the Executive Judge of theRegional Trial Court of a city or provincewho issues a notarial commission.

Sec. 19. Vendor - "Vendor" under theseRules refers to a seller of a notarial seal andshall include a wholesaler or retailer.

Sec. 20. Manufacturer. - "Manufacturer"under these Rules refers to one whoproduces a notarial seal and shall includean engraver and seal maker.

RULE IIICOMMISSIONING OF NOTARY PUBLIC

Sec. 1. Qualifications. - A notarialcommission may be issued by an ExecutiveJudge to any qualified person who submitsa petition in accordance with these Rules.To be eligible for commissioning as notarypublic, 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 aregular place of work or business in the


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city or province where the commissionis to be issued;

4. must be a member of the Philippine Barin good standing with clearances fromthe Office of the Bar Confidant of theSupreme Court and the Integrated Barof the Philippines; and

5. must not have been convicted in thefirst instance of any crime involvingmoral turpitude.

Sec. 2. Form of the Petition and SupportingDocuments. - Every petition for a notarialcommission shall be in writing, verified,and shall include the following:a. a statement containing the petitioner's

personal qualifications, including thepetitioner's date of birth, residence,telephone number, professional taxreceipt, roll of attorney's number andIBP membership number; ,

b. certification of good moral character ofthe petitioner by at least two (2)executive officers of the local chapter ofthe Integrated Bar of the Philippineswhere he is applying for commission;

c. proof of payment for the filing of thepetition as required by these Rules; and

d. three (3) passport-size colorphotographs with light backgroundtaken within thirty (30) days of theapplication. The photograph should notbe retouched. The petitioner shall signhis name at the bottom part of thephotographs.

Sec. 3. Application Fee. - Every petitionerfor a notarial commission shall pay theapplication fee as prescribed in the Rules ofCourt.

Sec. 4. Summary Hearing on the Petition. -The Executive Judge shall conduct asummary hearing on the petition and shallgrant the same if:a. the petition is sufficient in form and

substance;b. the petitioner proves the allegations

contained in the petition; andc. the petitioner establishes to the

satisfaction of the Executive Judge thathe has read and fully understood theseRules.

The Executive Judge shall forthwith issue acommission and a Certificate ofAuthorization to Purchase a Notarial Seal infavor of the petitioner.

Sec. 5. Notice of Summary Hearing. –a. The notice of summary hearing shall be

published in a newspaper of generalcirculation in the city or province wherethe hearing shall be conducted andposted in a conspicuous place in theoffices of the Executive Judge and of theClerk of Court. The cost of thepublication shall be borne by thepetitioner. The notice may include morethan one petitioner.

b. The notice shall be substantially in thefollowing form;

NOTICE OF HEARINGNotice is hereby given that a summaryhearing on the petition for notarialcommission of (name of petitioner) shallbe held on (date) at (place) at (time). Anyperson who has any cause or reason toobject to the grant of the petition mayfile a verified written opposition thereto,received by the undersigned before thedate of the summary hearing.______________Executive Judge

Sec. 6. Opposition to Petition. - Any personwho has any cause or reason to object tothe grant of the petition may file a verifiedwritten opposition thereto. The oppositionmust be received by the Executive Judgebefore the date of the summary hearing.

Sec. 7. Form of Notarial Commission. - Thecommissioning of a notary public shall bein a formal order signed by the ExecutiveJudge substantially in the following form:

REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT OF __________This is to certify that (name of notarypublic) of (regular place of work orbusiness) in (city or province) was onthis (date) day of (month) two thousandand (year) commissioned by theundersigned as a notary public, withinand for the said jurisdiction, for a termending the thirty-first day of December(year)_______________Executive Judge

Sec. 8. Period Of Validity of Certificate ofAuthorization to Purchase a Notarial Seal. -The Certificate of Authorization to Purchasea Notarial Seal shall be valid for a period ofthree (3) months from date of issue, unlessextended by the Executive Judge.

A mark, image or impression of the sealthat may be purchased by the notary publicpursuant to the Certificate shall bepresented to the Executive Judge forapproval prior to use.


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Sec. 9. Form of Certificate of Authorizationto Purchase a Notarial Seal. -The Certificateof Authorization to Purchase a Notarial Sealshall substantially be in the following form:

REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT OF___________CERTIFICATE OF AUTHORIZATION TOPURCHASE A NOTARIAL SEALThis is to authorize (name of notarypublic) of (city or province) who wascommissioned by the undersigned as anotary public, within and for the saidjurisdiction, for a term ending, thethirty-first of December (year) topurchase a notarial seal.Issued this (day) of (month) (year)._______________Executive Judge

Sec. 10. Official Seal of Notary Public. -Every person commissioned as notarypublic shall have only one official seal ofoffice in accordance with these Rules.

Sec. 11. Jurisdiction and Term. - A personcommissioned as notary public mayperform notarial acts in any place withinthe territorial jurisdiction of thecommissioning court for a period of two (2)years commencing the first day of Januaryof the year in which the commissioning ismade, unless earlier revoked or the notarypublic has resigned under these Rules andthe Rules of Court.

Sec. 12. Register of Notaries Public. - TheExecutive Judge shall keep and maintain aRegister of Notaries Public in hisjurisdiction which shall contain, amongothers, the dates of issuance or revocationor suspension of notarial commissions, andthe resignation or death of notaries public.The Executive Judge shall furnish theOffice of the Court Administratorinformation and data recorded in theregister of notaries public. The Office of theCourt Administrator shall keep apermanent, complete and updated databaseof such records.

Sec. 13. Renewal of Commission. - A notarypublic may file a written application withthe Executive Judge for the renewal of hiscommission within forty-five (45) daysbefore the expiration thereof. A mark, imageor impression of the seal of the notarypublic shall be attached to the application.

Failure to file said application will resultin the deletion of the name of the notarypublic in the register of notaries public.

The notary public thus removed fromthe Register of Notaries Public may only bereinstated therein after he is issued a newcommission in accordance with theseRules.

Sec. 14. Action on Application for Renewalof Commission. - The Executive Judgeshall, upon payment of the application feementioned in Section 3 above of this Rule,act on an application for the renewal of acommission within thirty (30) days fromreceipt thereof. If the application is denied,the Executive Judge shall state the reasonstherefore.

RULE IVPOWERS AND LIMITATIONS OFNOTARIES PUBLIC

Sec. 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; and6. any other act authorized by these

Rules.b. A notary public is authorized to certify

the affixing of a signature by thumb orother mark on an instrument ordocument presented for notarization if:1. the thumb or other mark is affixed

in the presence of the notary publicand of two (2) disinterested andunaffected witnesses to theinstrument or document;

2. both witnesses sign their ownnames in addition to the thumb orother mark;

3. the notary public writes below thethumb or other mark: "Thumb orOther Mark affixed by (name ofsignatory by mark) in the presenceof (names and addresses ofwitnesses) and undersigned notarypublic"; and

4. the notary public notarizes thesignature by thumb or other markthrough an acknowledgment, jurat,or signature witnessing.

c. A notary public is authorized to sign onbehalf of a person who is physicallyunable to sign or make a mark on aninstrument or document if:


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1. the notary public is directed by theperson unable to sign or make amark to sign on his behalf;

2. the signature of the notary public isaffixed in the presence of twodisinterested and unaffectedwitnesses to the instrument ordocument;

3. both witnesses sign their ownnames ;

4. the notary public writes below hissignature: "Signature affixed bynotary in presence of (names andaddresses of person and two \2]witnesses)"; and

5. the notary public notarizes hissignature by acknowledgment orjurat.

Sec. 2. Prohibitions. –a. A notary public shall not perform a

notarial act outside his regular place ofwork or business; provided, however,that on certain exceptional occasions orsituations, a notarial act may beperformed at the request of the partiesin the following sites located within histerritorial jurisdiction:1. public offices, convention halls, and

similar places where oaths of officemay be administered;

2. public function areas in hotels andsimilar places for the signing ofinstruments or documents requiringnotarization;

3. hospitals and other medicalinstitutions where a party to aninstrument or document is confinedfor treatment; and

4. any place where a party to aninstrument or document requiringnotarization is under detention.

b. A person shall not perform a notarialact if the person involved as signatory tothe instrument or document -1. is not in the notary's presence

personally at the time of thenotarization; and

2. is not personally known to thenotary public or otherwise identifiedby the notary public throughcompetent evidence of identity asdefined by these Rules.

Sec. 3. Disqualifications. - A notary publicis disqualified from performing a notarialact if he:a. is a party to the instrument or

document that is to be notarized;

b. will receive, as a direct or indirectresult, any commission, fee, advantage,right, title, interest, cash, property, orother consideration, except as providedby these Rules and by law; or

c. is a spouse, common-law partner,ancestor, descendant, or relative byaffinity or consanguinity of the principalwithin the fourth civil degree.

Sec. 4. Refusal to Notarize. - A notarypublic shall not perform any notarial actdescribed in these Rules for any personrequesting such an act even if he tendersthe appropriate fee specified by these Rulesif:a. the notary knows or has good reason to

believe that the notarial act ortransaction is unlawful or immoral;

b. the signatory shows a demeanor whichengenders in the mind of the notarypublic reasonable doubt as to theformer's knowledge of the consequencesof the transaction requiring a notarialact; and

c. in the notary's judgment, the signatoryis not acting of his or her own free will.

Sec. 5. False or Incomplete Certificate. - Anotary public shall not:a. execute a certificate containing

information known or believed by thenotary to be false.

b. affix an official signature or seal on anotarial certificate that is incomplete.

Sec. 6. Improper Instruments orDocuments. - A notary public shall notnotarize:a. a blank or incomplete instrument or

document; orb. an instrument or document without

appropriate notarial certification.

RULE VFEES OF NOTARY PUBLIC

Sec. 1. Imposition and Waiver of Fees. - Forperforming a notarial act, a notary publicmay charge the maximum fee as prescribedby the Supreme Court unless he waives thefee in whole or in part.

Sec. 2. Travel Fees and Expenses. - Anotary public may charge travel fees andexpenses separate and apart from thenotarial fees prescribed in the precedingsection when traveling to perform a notarialact if the notary public and the person


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requesting the notarial act agree prior tothe travel.

Sec. 3. Prohibited Fees. - No fee orcompensation of any kind, except thoseexpressly prescribed and allowed herein,shall be collected or received for anynotarial service.

Sec. 4. Payment or Refund of Fees. - Anotary public shall not require payment ofany fees specified herein prior to theperformance of a notarial act unlessotherwise agreed upon.

Any travel fees and expenses paid to anotary public prior to the performance of anotarial act are not subject to refund if thenotary public had already traveled butfailed to complete in whole or in part thenotarial act for reasons beyond his controland without negligence on his part.

Sec. 5. Notice of Fees. - A notary public whocharges a fee for notarial services shallissue a receipt registered with the Bureauof Internal Revenue and keep a journal ofnotarial fees. He shall enter in the journalall fees charged for services rendered.

A notary public shall post in aconspicuous place in his office a completeschedule of chargeable notarial fees.

RULE VINOTARIAL REGISTER

Sec. 1. Form of Notarial Register. –a. A notary public shall keep, maintain,

protect and provide for lawful inspectionas provided in these Rules, achronological official notarial register ofnotarial acts consisting of apermanently bound book withnumbered pages.

The register shall be kept in booksto be furnished by the Solicitor Generalto any notary public upon request andupon payment of the cost thereof. Theregister shall be duly paged, and on thefirst page, the Solicitor General shallcertify the number of pages of which thebook consists.

For purposes of this provision, aMemorandum of Agreement orUnderstanding may be entered into bythe Office of the Solicitor General andthe Office of the Court Administrator.

b. A notary/ public shall keep only oneactive notarial register at any giventime.

Sec. 2. Entries in the Notarial Register. –a. For every notarial act, the notary shall

record in the notarial register at thetime of notarization the following:1. the entry number and page number;2. the date and time of day of the

notarial act;3. the type of notarial act;4. the title or description of the

instrument, document orproceeding;

5. the name and address of eachprincipal;

6. the competent evidence of identityas defined by these Rules if thesignatory is not personally known tothe notary;

7. the name and address of eachcredible witness swearing to oraffirming the person's identity;

8. the fee charged for the notarial act;9. the address where the notarization

was performed if not in the notary'sregular place of work or business;and

10. any other circumstance the notarypublic may deem of significance orrelevance.

b. A notary public shall record in thenotarial register the reasons andcircumstances for not completing anotarial act.

c. A notary public shall record in thenotarial register the circumstances ofany request to inspect or copy an entryin the notarial register, including therequester's name, address, signature,thumb mark or other recognizedidentifier, and evidence of identity. Thereasons for refusal to allow inspectionor copying of a journal entry shall alsobe recorded.

d. When the instrument or document is acontract, the notary public shall keepan original copy thereof as part of hisrecords and enter in said records a briefdescription of the substance thereof andshall give to each entry a consecutivenumber, beginning with number one ineach calendar year. He shall also retaina duplicate original copy for the Clerk ofCourt.

e. The notary public shall give to eachinstrument or document executed,sworn to, or acknowledged before him anumber corresponding to the one in hisregister, and shall also state on theinstrument or document the page/s ofhis register on which the same is


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recorded. No blank line shall be leftbetween entries.

f. In case of a protest of any draft, bill ofexchange or promissory note, the notarypublic shall make a full and true recordof all proceedings in relation theretoand shall note therein whether thedemand for the sum of money wasmade, by whom, when, and where;whether he presented such draft, bill ornote; whether notices were given, towhom and in what manner; where thesame was made, when and to whomand where directed; and of every otherfact touching the same.

g. At the end of each week, the notarypublic shall certify in his notarialregister the number of instruments ordocuments executed, sworn to,acknowledged, or protested before him;or if none, this certificate shall showthis fact.

h. A certified copy of each month's entriesand a duplicate original copy of anyinstrument acknowledged before thenotary public shall, within the first ten(10) days of the month following, beforwarded to the Clerk of Court andshall be under the responsibility of suchofficer. If there is no entry to certify forthe month, the notary shall forward astatement to this effect in lieu ofcertified copies herein required.

Sec. 3. Signatures and Thumbmarks. - Atthe time of notarization, the notary'snotarial register shall be signed or a thumbor other mark affixed by each:a. principal;b. credible witness swearing or affirming to

the identity of a principal; andc. witness to a signature by thumb or

other mark, or to a signing by thenotary public on behalf of a personphysically unable to sign.

Sec. 4. Inspection, Copying and Disposal. –a. In the notary's presence, any person

may inspect an entry in the notarialregister, during regular business hours,provided;1. the person's identity is personally

known to the notary public orproven through competent evidenceof identity as defined in these Rules;

2. the person affixes a signature andthumb or other mark or otherrecognized identifier, in the notarial.register in a separate, dated entry;

3. the person specifies the month,year, type of instrument ordocument, and name of theprincipal in the notarial act or actssought; and

4. the person is shown only the entryor entries specified by him.

b. The notarial register may be examinedby a law enforcement officer in thecourse of an official investigation or byvirtue of a court order.

c. If the notary public has a reasonableground to believe that a person has acriminal intent or wrongful motive inrequesting information from the notarialregister, the notary shall deny access toany entry or entries therein.

Sec. 5. Loss, Destruction or Damage ofNotarial Register. –a. In case the notarial register is stolen,

lost, destroyed, damaged, or otherwiserendered unusable or illegible as arecord of notarial acts, the notary publicshall, within ten (10) days afterinforming the appropriate lawenforcement agency in the case of theftor vandalism, notify the ExecutiveJudge by any means providing a properreceipt or acknowledgment, includingregistered mail and also provide a copyor number of any pertinent policereport.

b. Upon revocation or expiration of anotarial commission, or death of thenotary public, the notarial register andnotarial records shall immediately bedelivered to the office of the ExecutiveJudge.

Sec. 6. Issuance of Certified True Copies. -The notary public shall supply a certifiedtrue copy of the notarial record, or any partthereof, to any person applying for suchcopy upon payment of the legal fees.

RULE VIISIGNATURE AND SEAL OF NOTARYPUBLIC

Sec. 1. Official Signature. - In notarizing apaper instrument or document, a notarypublic shall:a. sign by hand on the notarial certificate

only the name indicated and asappearing on the notary's commission;

b. not sign using a facsimile stamp orprinting device; and


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c. affix his official signature only at thetime the notarial act is performed.

Sec. 2. Official Seal. –a. Every person commissioned as notary

public shall have a seal of office, to beprocured at his own expense, whichshall not be possessed or owned by anyother person. It shall be of metal,circular in shape, two inches indiameter, and shall have the name ofthe city or province and the word"Philippines" and his own name on themargin and the roll of attorney'snumber on the face thereof, with thewords "notary public" across the center.A mark, image or impression of suchseal shall be made directly on the paperor parchment on which the writingappears.

b. The official seal shall be affixed only atthe time the notarial act is performedand shall be clearly impressed by thenotary public on every page of theinstrument or document notarized.

c. When not in use, the official seal shallbe kept safe and secure and shall beaccessible only to the notary public orthe person duly authorized by him.

d. Within five (5) days after the official sealof a notary public is stolen, lost,damaged or other otherwise renderedunserviceable in affixing a legible image,the notary public, after informing theappropriate law enforcement agency,shall notify the Executive Judge inwriting, providing proper receipt oracknowledgment, including registeredmail, and in the event of a crimecommitted, provide a copy or entrynumber of the appropriate police record.Upon receipt of such notice, if found inorder by the Executive Judge, the lattershall order the notary public to causenotice of such loss or damage to bepublished, once a week for three (3)consecutive weeks, in a newspaper ofgeneral circulation in the city orprovince where the notary public iscommissioned. Thereafter, theExecutive Judge shall issue to thenotary public a new Certificate ofAuthorization to Purchase a NotarialSeal.

e. Within five (5) days after the death orresignation of the notary public, or therevocation or expiration of a notarialcommission, the official seal shall besurrendered to the Executive Judge andshall be destroyed or defaced in public

during office hours. In the event thatthe missing, lost or damaged seal islater found or surrendered, it shall bedelivered by the notary public to theExecutive Judge to be disposed of inaccordance with this section. Failure toeffect such surrender shall constitutecontempt of court. In the event of deathof the notary public, the person inpossession of the official seal shall havethe duty to surrender it to the ExecutiveJudge.

Sec. 3. Seal Image. - The notary public shallaffix a single, clear, legible, permanent, andphotographically reproducible mark, imageor impression of the official seal beside hissignature on the notarial certificate of apaper instrument or document.

Sec. 4. Obtaining and Providing Seal. –a. A vendor or manufacturer of notarial

seals may not sell said product withouta written authorization from theExecutive Judge.

b. Upon written application and afterpayment of the application fee, theExecutive Judge may issue anauthorization to sell to a vendor ormanufacturer of notarial seals afterverification and investigation of thelatter's qualifications. The ExecutiveJudge shall charge an authorization feein the amount of Php 4,000 for thevendor and Php 8,000 for themanufacturer. If a manufacturer is alsoa vendor, he shall only pay themanufacturer's authorization fee.

c. The authorization shall be in effect for aperiod of four (4) years from the date ofits issuance and may be renewed by theExecutive Judge for a similar periodupon payment of the authorization feementioned in the preceding paragraph.

d. A vendor or manufacturer shall not sella seal to a buyer except uponsubmission of a certified copy of thecommission and the Certificate ofAuthorization to Purchase a NotarialSeal issued by the Executive Judge. Anotary public obtaining a new seal as aresult of change of name shall presentto the vendor or manufacturer acertified copy of the Confirmation of theChange of Name issued by theExecutive Judge.

e. Only one seal may be sold by a vendoror manufacturer for each Certificate ofAuthorization to Purchase a NotarialSeal,


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f. After the sale, the vendor ormanufacturer shall affix a mark, imageor impression of the seal to theCertificate of Authorization to Purchasea Notarial Seal and submit thecompleted Certificate to the ExecutiveJudge. Copies of the Certificate ofAuthorization to Purchase a NotarialSeal and the buyer's commission shallbe kept in the files of the vendor ormanufacturer for four (4) years after thesale.

g. A notary public obtaining a new seal asa result of change of name shall presentto the vendor a certified copy of theorder confirming the change of nameissued by the Executive Judge.

RULE VIIINOTARIAL CERTIFICATES

Sec. 1. Form of Notarial Certificate. - Thenotarial form used for any notarialinstrument or document shall conform toall the requisites prescribed herein, theRules of Court and all other provisions ofissuances by the Supreme Court and inapplicable laws.

Sec. 2. Contents of the Concluding Part ofthe Notarial Certificate. - The notarialcertificate shall include the following:a. the name of the notary public as exactly

indicated in the commission;b. the serial number of the commission of

the notary public;c. the words "Notary Public" and the

province or city where the notary publicis commissioned, the expiration date ofthe commission, the office address ofthe notary public; and

d. the roll of attorney's number, theprofessional tax receipt number and theplace and date of issuance thereof, andthe IBP membership number.

RULE IXCERTIFICATE OF AUTHORITY OFNOTARIES PUBLIC

Sec. 1. Certificate of Authority for a NotarialAct. - A certificate of authority evidencingthe authenticity of the official seal andsignature of a notary public shall be issuedby the Executive Judge upon request insubstantially the following form:

CERTIFICATE OF AUTHORITY FOR ANOTARIAL ACTI, (name, title, jurisdiction of theExecutive Judge), certify that (name ofnotary public), the person named in theseal and signature on the attacheddocument, is a Notary Public in and forthe (City/Municipality/Province) of theRepublic of the Philippines andauthorized to act as such at the time ofthe document's notarization.IN WITNESS WHEREOF, I have affixedbelow my signature and seal of thisoffice this (date) day of (month) (year)._________________(official signature)(seal of Executive Judge)

RULE XCHANGES OF STATUS OF NOTARYPUBLIC

Sec. 1. Change of Name and Address.Within ten (10) days after the change ofname of the notary public by court order orby marriage, or after ceasing to maintainthe regular place of work or business, thenotary public shall submit a signed anddated notice of such fact to the ExecutiveJudge.

The notary public shall not notarizeuntil:a. he receives from the Executive Judge a

confirmation of the new name of thenotary public and/or change of regularplace of work or business; and

b. a new seal bearing the new name hasbeen obtained.

The foregoing notwithstanding, until theaforementioned steps have been completed,the notary public may continue to use theformer name or regular place of work orbusiness in performing notarial acts forthree (3) months from the date of thechange, which may be extended once forvalid and just cause by the Executive Judgefor another period not exceeding three (3)months.

Sec. 2. Resignation. - A notary public mayresign his commission by personallysubmitting a written, dated and signedformal notice to the Executive Judgetogether with his notarial seal, notarialregister and records. Effective from the dateindicated in the notice, he shallimmediately cease to perform notarial acts.In the event of his incapacity to personallyappear, the submission of the notice maybe performed by his duly authorizedrepresentative.


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Sec. 3. Publication of Resignation. - TheExecutive Judge shall immediately orderthe Clerk of Court to post in a conspicuousplace in the offices of the Executive Judgeand of the Clerk of Court the names ofnotaries public who have resigned theirnotarial commissions and the effectivedates of their resignation.

RULE XIREVOCATION OF COMMISSION ANDDISCIPLINARY SANCTIONS

Sec. 1. Revocation and AdministrativeSanctions. –a. The Executive Judge shall revoke a

notarial commission for any ground onwhich an application for a commissionmay be denied.

b. In addition, the Executive Judge mayrevoke the commission of, or imposeappropriate administrative sanctionsupon, any notary public who:1. fails to keep a notarial register;2. fails to make the proper entry or

entries in his notarial registerconcerning his notarial acts;

3. fails to send the copy of the entriesto the Executive Judge within thefirst ten (10) days of the monthfollowing;

4. fails to affix to acknowledgments thedate 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 areasonable time, to the ExecutiveJudge concerning the performanceof his duties, as may be required bythe judge;

7. fails to require the presence of aprincipal at the time of the notarialact;

8. fails to identify a principal on thebasis of personal knowledge orcompetent evidence;

9. executes a false or incompletecertificate under Section 5, Rule IV;

10. knowingly performs or fails toperform any other act prohibited ormandated by these Rules; and

11. commits any other dereliction or actwhich in the judgment of theExecutive Judge constitutes goodcause for revocation of commissionor imposition of administrativesanction.

c. Upon verified complaint by aninterested, affected or aggrieved person,

the notary public shall be required tofile a verified answer to the complaint. Ifthe answer of the notary public is notsatisfactory, the Executive Judge shallconduct a summary hearing. If theallegations of the complaint are notproven, the complaint shall bedismissed. If the charges are dulyestablished, the Executive Judge shallimpose the appropriate administrativesanctions. In either case, the aggrievedparty may appeal the decision to theSupreme Court for review. Pending theappeal, an order imposing disciplinarysanctions shall be immediatelyexecutory, unless otherwise ordered bythe Supreme Court.

d. The Executive Judge may motu proprioinitiate administrative proceedingsagainst a notary public, subject to theprocedures prescribed in paragraph (c)above and impose the appropriateadministrative sanctions on thegrounds mentioned in the precedingparagraphs (a) and (b).

Sec. 2. Supervision and Monitoring ofNotaries Public. - The Executive Judge shallat all times exercise supervision overnotaries public and shall closely monitortheir activities.

Sec. 3. Publication of Revocations andAdministrative Sanctions. - The ExecutiveJudge shall immediately order the Clerk ofCourt to post in a conspicuous place in theoffices of the Executive Judge and of theClerk of Court the names of notaries publicwho have been administratively sanctionedor whose notarial commissions have beenrevoked.

Sec. 4. Death of Notary Public. - If a notarypublic dies before fulfilling the obligationsin Section 4(e), Rule VI and Section 2(e),Rule VII, the Executive Judge, upon beingnotified of such death, shall forthwith causecompliance with the provisions of thesesections.

RULE XIISPECIAL PROVISIONS

Sec. 1. Punishable Acts. - The ExecutiveJudge shall cause the prosecution of anyperson who:a. knowingly acts or otherwise

impersonates a notary public;


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b. knowingly obtains, conceals, defaces, ordestroys the seal, notarial register, orofficial records of a notary public; and

c. knowingly solicits, coerces, or in anyway influences a notary public tocommit official misconduct.

Sec. 2. Reports to the Supreme Court. - TheExecutive Judge concerned shall submitsemestral reports to the Supreme Court ondiscipline and prosecution of notariespublic.

RULE XIIIREPEALING AND EFFECTIVITYPROVISIONS

Sec. 1. Repeal. - All rules and parts ofrules, including issuances of the SupremeCourt inconsistent herewith, are herebyrepealed or accordingly modified.

Sec. 2. Effective Date. - These Rules shalltake effect on the first day of August 2004,and shall be published in a newspaper ofgeneral circulation in the Philippines whichprovides sufficiently wide circulation.

Promulgated this 6th day of July, 2004.

B. BM 850

B.M. NO. 850August 22, 2000

MANDATORY CONTINUING LEGALEDUCATION (MCLE)

ADOPTING THE RULES ON MANDATORYCONTINUING LEGAL EDUCATION FORMEMBERS OF THE INTEGRATED BAR

OF THE PHILIPPINES

EN BANC

R E S O L U T I O N

Considering the Rules on MandatoryContinuing Legal Education (MCLE) formembers of the Integrated Bar of thePhilippines (IBP), recommended by the IBP,endorsed by the Philippine JudicialAcademy, and reviewed and passed uponby the Supreme Court Committee on LegalEducation, the Court hereby resolves toadopt, as it hereby adopts, the followingrules for proper implementation:

RULE 1PURPOSE

Sec. 1. Purpose of the MCLE. Continuinglegal education is required of members ofthe Integrated Bar of the Philippines (IBP)to ensure that throughout their career, theykeep abreast with law and jurisprudence,maintain the ethics of the profession andenhance the standards of the practice oflaw.

RULE 2MANDATORY CONTINUING LEGALEDUCATION

Sec. 1. Constitution of the MCLECommittee. Within two (2) months from theapproval of these Rules by the SupremeCourt En Banc, the MCLE Committee shallbe constituted in accordance with theseRules.

Sec. 2. Requirements of completion ofMCLE. Members of the IBP not exemptunder Rule 7 shall complete, every three (3)years, at least thirty-six (36) hours ofcontinuing legal education activitiesapproved by the MCLE Committee. Of the36 hours:a. At least six (6) hours shall be devoted to

legal ethics.b. At least (4) hours shall be devoted to

trial and pretrial skills.c. At least five (5) hours shall be devoted

to alternative dispute resolution.d. At least nine (9) hours shall be devoted

to updates on substantive andprocedural laws, and jurisprudence.

e. At least four (4) hours shall be devotedto legal writing and oral advocacy.

f. At least two (2) hours shall be devotedto international law and internationalconventions.

g. The remaining six (6) hours shall bedevoted to such subjects as may beprescribed by the MCLE Committee.

RULE 3COMPLIANCE PERIOD

Sec. 1. Initial compliance period. The initialcompliance period shall begin not later thanthree (3) months from the constitution ofthe MCLE Committee. Except for the initialcompliance period for members admitted orreadmitted after the establishment of the


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program, all compliance periods shall be forthirty-six (36) months and shall begin theday after the end of the previouscompliance period.

Sec. 2. Compliance Group 1. Members inthe National Capital Region (NCR) or MetroManila shall be permanently assigned toCompliance Group 1.

Sec. 3. Compliance Group 2. Members inLuzon outside NCR shall be permanentlyassigned to Compliance Group 2.

Sec. 4. Compliance Group 3. Members inVisayas and Mindanao shall bepermanently assigned to Compliance Group3.

Sec. 5. Compliance period for membersadmitted or readmitted after establishmentof the program. Members admitted orreadmitted to the Bar after theestablishment of the program shall bepermanently assigned to the appropriateCompliance Group based on their Chaptermembership on the date of admission orreadmission.

The initial compliance period afteradmission or readmission shall begin onthe first day of the month of admission orreadmission and shall end on the same dayas that of all other members in the sameCompliance Group.

Where four (4) months or less remain ofthe initial compliance period afteradmission or readmission, the member isnot required to comply with the programrequirement for the initial compliance.

Where more than four (4) monthsremain of the initial compliance period afteradmission or readmission, the membershall be required to complete a number ofhours of approved continuing legaleducation activities equal to the number ofmonths remaining in the compliance periodin which the member is admitted orreadmitted. Such member shall be requiredto complete a number of hours of educationin legal ethics in proportion to the numberof months remaining in the complianceperiod. Fractions of hours shall be roundedup to the next whole number.

RULE 4COMPUTATION OF CREDIT UNITS

Sec. 1. Guidelines The following are theguidelines for computation of credit units(CU):

PROGRAMS CREDIT UNITS SUPPORTINGDOCUMENTS

1. SEMINARS, CONVENTIONS,CONFERENCES, SYMPOSIA, IN-HOUSEEDUCATION PROGRAMS, WORKSHOPS,DIALOGUES, ROUND TABLE DISCUSSIONSBY APPROVED PROVIDERS UNDER RULE 7AND OTHER RELATED RULES

1.1 PARTICIPANT 1 CU PER HOURCERTIFICATE OF ATTENDANCE WITHNUMBER OF HOURS

1.2 LECTURER 5 CU PER HOURPHOTOCOPY OF PLAQUE ORSPONSOR'S CERTIFICATION

1.3 RESOURCE 3 CU PER HOURPHOTOCOPY OF PLAQUE ORSPONSOR'S SPEAKER CERTIFICATION

1.4 ASSIGNED 2 CU PER HOURCERTIFICATION FROM SPONSORINGPENALIST/ ORGANIZATIONREACTOR/COMMENTATOR

1.5 MODERATOR/ 2 CU PER HOURCERTIFICATION FROM SPONSORINGCOORDINATOR/ ORGANIZATIONFACILITATOR

2. AUTHORSHIP, EDITING AND REVIEW

2.1 RESEARCH/ 5-10 CREDIT UNITS DULYCERTIFIED/PUBLISHED INNOVATIVETECHNICAL REPORT/PAPERPROGRAM/CREATIVE PROJECT

2.2 BOOK 50-100 PP 101+ PUBLISHEDBOOK SINGLE AUTHOR 12-16 CU 17-20 CU2 AUTHORS 10-12 CU 13-16 CU3 OR MORE 5-6 CU 7-11 CU

2.3 BOOK EDITOR 1/2 OF THE CU OFPUBLISHED BOOK WITH PROOFAUTHORSHIP AS EDITOR CATEGORY

2.4 LEGAL ARTICLE 5-10 PP 11+PUBLISHED ARTICLE SINGLE AUTHOR6 CU 8 CU2 AUTHORS 4 CU 6 CU3 OR MORE 2 CU 4 CU

2.5 LEGAL 3-6 CU PER ISSUE PUBLISHEDNEWSLETTER/JOURNALNEWSLETTER/LAW JOURNAL EDITOR


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3. PROFESSIONAL 6 CU PER CHAIRCERTIFICATION OF LAW DEAN CHAIR/BAR1 CU PER LECTURE OR BAR REVIEWDIRECTOR REVIEW/ HOURLECTURE/LAW TEACHING

Sec. 2. Limitation on certain credit units. Innumbers 2 and 3 of the guidelines in thepreceding Section, the total maximumcredit units shall not exceed twenty (20)hours per three (3) years.

RULE 5CATEGORIES OF CREDIT

Sec. 1. Classes of credits The credits areeither participatory or non-participatory.

Sec. 2. Claim for participatory credit.Participatory credit may be claimed for:a. Attending approved education activities

like seminars, conferences, symposia,in-house education programs,workshops, dialogues or round tablediscussions.

b. Speaking or lecturing, or acting asassigned panelist, reactor,commentator, resource speaker,moderator, coordinator or facilitator inapproved education activities.

c. Teaching in a law school or lecturing ina bar review class.

Sec. 3. Claim for non-participatory creditNon-participatory credit may be claimed percompliance period for:a. Preparing, as an author or co-author,

written materials published or acceptedfor publication, e.g., in the form of anarticle, chapter, book, or book reviewwhich contribute to the legal educationof the author member, which were notprepared in the ordinary course of themember's practice or employment.

b. Editing a law book, law journal or legalnewsletter.

RULE 6COMPUTATION OF CREDIT HOURS

Sec. 1. Computation of credit hours. Credithours are computed based on actual timespent in an activity (actual instruction orspeaking time), in hours to the nearest one-quarter hour.

RULE 7EXEMPTIONS

Sec. 1. Parties exempted from the MCLE.The following members of the Bar areexempt from the MCLE requirement:a. The President and the Vice President of

the Philippines, and the Secretaries andUndersecretaries of ExecutivesDepartments;

b. Senators and Members of the House ofRepresentatives;

c. The Chief Justice and AssociateJustices of the Supreme Court,incumbent and retired members of thejudiciary, incumbent members of theJudicial and Bar Council, incumbentmembers of the Mandatory ContinuingLegal Education Committee, incumbentcourt lawyers who have availed of thePhilippine Judicial Academy program ofcontinuing judicial education; (asamended by July 14, 2004 Resolution ofthe SC en banc)

d. The Chief State Counsel, Chief StateProsecutor and Assistant Secretaries ofthe Department of Justice;

e. The Solicitor General and the AssistantSolicitor General;

f. The Government Corporate Counsel,Deputy and Assistant GovernmentCorporate Counsel;

g. The Chairmen and Members of theConstitutional Commissions;

h. The Ombudsman, the Overall DeputyOmbudsman, the Deputy Ombudsmenand the Special Prosecutor of the Officeof the Ombudsman;

i. Heads of government agenciesexercising quasi-judicial functions;

j. Incumbent deans, bar reviews andprofessors of law who have teachingexperience for at least 10 yearsaccredited law schools;

k. The Chancellor, Vice-Chancellor andmembers of the Corps of Professors andProfessorial Lectures of the PhilippineJudicial Academy; and

l. Governors and Mayors.

Sec. 2. Other parties exempted from theMCLE. The following Members of the Barare 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 IBPBoard of Governors.


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Sec. 3. Good cause for exemption from ormodification of requirement. A member mayfile a verified request setting forth goodcause for exemption (such as physicaldisability, illness, post graduate studyabroad, proven expertise in law, etc.) fromcompliance with or modification of any ofthe requirements, including an extension oftime for compliance, in accordance with aprocedure to be established by the MCLECommittee.

Sec. 4. Change of status. The complianceperiod shall begin on the first day of themonth in which a member ceases to beexempt under Sections 1, 2, or 3 of thisRule and shall end on the same day as thatof all other members in the sameCompliance Group.

Sec. 5. Proof of exemption. Applications forexemption from or modification of theMCLE requirement shall be under oath andsupported by documents.

RULE 8STANDARDS FOR APPROVAL OFEDUCATION ACTIVITIES

Sec. 1. Approval of MCLE program. Subjectto the rules as may be adopted by theMCLE Committee, continuing legaleducation program may be grantedapproval in either of two (2) ways: (1) theprovider of the activity is an approvedprovider and certifies that the activity meetsthe criteria of Section 3 of this Rules; and(2) the provider is specially mandated bylaw to provide continuing legal education.

Sec. 2. Standards for all educationactivities. All continuing legal educationactivities must meet the followingstandards:a. The activity shall have significant

current intellectual or practical content.b. The activity shall constitute an

organized program of learning related tolegal subjects and the legal profession,including cross profession activities(e.g., accounting-tax or medical-legal)that enhance legal skills or the ability topractice law, as well as subjects in legalwriting and oral advocacy.

c. The activity shall be conducted by aprovider with adequate professionalexperience.

d. Where the activity is more than one (1)hour in length, substantive written

materials must be distributed to allparticipants. Such materials must bedistributed at or before the time theactivity is offered.

e. In-house education activities must bescheduled at a time and location so asto be free from interruption liketelephone calls and other distractions.

RULE 9APPROVAL OF PROVIDERS

Sec 1. Approval of providers. Approval ofproviders shall be done by the MCLECommittee.

Sec. 2. Requirements for approval ofproviders. Any persons or group may beapproved as a provider for a term of two (2)years, which may be renewed, upon writtenapplication. All providers of continuing legaleducation activities, including in-houseproviders, are eligible to be approvedproviders. Application for approval shall:a. Be submitted on a form provided by the

IBP;b. Contain all information requested on

the form;c. Be accompanied by the approval fee;

Sec. 3. Requirements of all providers. Allapproved providers shall agree to thefollowing:a. An official record verifying the

attendance at the activity shall bemaintained by the provider for at leastfour (4) years after the completion date.The provider shall include the memberon the official record of attendance onlyif the member's signature was obtainedat the time of attendance at the activity.The official record of attendance shallcontain the member's name andnumber in the Roll of Attorneys andshall identify the time, date, location,subject matter, and length of theeducation activity. A copy of suchrecord shall be furnished the IBP.

b. The provider shall certify that:1. This activity has been approved for

MCLE by the IBP in the amount of________ hours of which hours willapply in (legal ethics, etc.), asappropriate to the content of theactivity;

2. The activity conforms to thestandards for approved educationactivities prescribed by these Rulesand such regulations as may be


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prescribed by the IBP pertaining toMCLE.

c. The provider shall issue a record orcertificate to all participants identifyingthe time, date, location, subject matterand length of the activity.

d. The provider shall allow in-personobservation of all approved continuinglegal education activities by members ofthe IBP Board of Governors, the MCLECommittee, or designees of theCommittee and IBP staff for purposes ofmonitoring compliance with theseRules.

e. The provider shall indicate inpromotional materials, the nature of theactivity, the time devoted to eachdevoted to each topic and identify of theinstructors. The provider shall makeavailable to each participant a copy ofIBP-approved Education ActivityEvaluation Form.

f. The provider shall maintain thecompleted Education ActivityEvaluation Forms for a period of notless than one (1) year after the activity,copy furnished the IBP.

g. Any person or group who conducts anunauthorized activity under thisprogram or issues a spurious certificatein violation of these Rules shall besubject to appropriate sanctions.

Sec. 4. Renewal of provider approval. Theapproval of a provider may be renewedevery two (2) years. It may be denied if theprovider fails to comply with any of therequirements of these Rules or fails toprovide satisfactory education activities forthe preceding period.

Sec. 5. Revocation of provider approval. Theapproval of any provider referred to in Rule9 may be revoked by a majority vote of theIBP Board of Governors, uponrecommendation of the MCLE Committee,after notice and hearing and for good cause.

RULE 10ACTIVITY AND PROVIDER APPROVALFEE

Sec. 1. Payment of fees. Application forapproval of an education activity or as aprovider requires payment of anappropriate fee.

RULE 11GENERAL COMPLIANCE PROCEDURES

Sec. 1. Compliance card. Each membershall secure from the MCLE Committee aCompliance Card before the end of hiscompliance period. He shall complete thecard by attesting under oath that he hascomplied with the education requirement orthat he is exempt, specifying the nature ofthe exemption. Such Compliance Cardmust be returned to the address indicatedtherein not later than the day after the endof the member's compliance period.

Sec. 2. Member record keepingrequirement. Each member shall maintainsufficient record of compliance orexemption, copy furnished the MCLECommittee. The record required to beprovided to the members by the providerpursuant to Section 3(c) of Rule 9 should besufficient record of attendance at aparticipatory activity. A record of non-participatory activity shall also bemaintained by the member, as referred toin Section 3 of Rule 5.

RULE 12NON-COMPLIANCE PROCEDURES

Sec. 1. What constitutes non-compliance.The following shall constitute non-compliance:a. Failure to complete the education

requirement within the complianceperiod;

b. Failure to provide attestation ofcompliance or exemption;

c. Failure to provide satisfactory evidenceof compliance (including evidence ofexempt status) within the prescribedperiod;

d. Failure to satisfy the educationrequirement and furnish evidence ofsuch compliance within sixty (60) daysfrom receipt of a non-compliance notice;

e. Any other act or omission analogous toany of the foregoing or intended tocircumvent or evade compliance withthe MCLE requirements.

Sec. 2. Non-compliance notice and 60-dayperiod to attain compliance. A memberfailing to comply will receive a Non-Compliance Notice stating the specificdeficiency and will be given sixty (60) daysfrom the date of notification to explain thedeficiency or otherwise show compliance


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with the requirements. Such notice shallcontain, among other things, the followinglanguage in capital letters:

YOUR FAILURE TO PROVIDEADEQUATE JUSTIFICATION FOR NON-COMPLIANCE OR PROOF OFCOMPLIANCE WITH THE MCLEREQUIREMENT BY (INSERT DATE 60DAYS FROM THE DATE OF NOTICE),SHALL BE A CAUSE FOR LISTING AS ADELINQUENT MEMBER.

The Member may use this period to attainthe adequate number of credit hours forcompliance. Credit hours earned duringthis period may only be counted towardcompliance with the prior complianceperiod requirement unless hours in excessof the requirement are earned, in whichcase, the excess hours may be countedtoward meeting the current complianceperiod requirement.

RULE 13CONSEQUENCES OF NON-COMPLIANCE

Sec. 1. Non-compliance fee. A member who,for whatever reason, is in non-complianceat the end of the compliance period shallpay a non-compliance fee.

Sec. 2. Listing as delinquent member. Anymember who fails to satisfactorily complywith Section 2 of Rule 12 shall be listed asa delinquent member by the IBP Board ofGovernors upon the recommendation of theMCLE Committee, in which case, Rule 139-A of the Rules of Court shall apply.

RULE 14REINSTATEMENT

Sec. 1. Process. The involuntary listing as adelinquent member shall be terminatedwhen the member provides proof ofcompliance with the MCLE requirement,including payment of non-compliance fee. Amember may attain the necessary credithours to meet the requirement for theperiod of non-compliance during the periodthe member is on inactive status. Thesecredit hours may not be counted towardmeeting the current compliance periodrequirement. Credit hours attained duringthe period of non-compliance in excess ofthe number needed to satisfy the priorcompliance period requirement may be

counted toward meeting the currentcompliance period requirement.

Sec. 2. Termination of delinquent listingadministrative process. The termination oflisting as a delinquent member isadministrative in nature but it shall bemade with notice and hearing by the MCLECommittee.

RULE 15MANDATORY CONTINUING LEGALEDUCATION COMMITTEE

Sec 1. Composition. The MCLE Committeeshall be composed of five (5) members,namely: a retired Justice of the SupremeCourt, as Chair, and four (4) members,respectively, nominated by the IBP, thePhilippine Judicial Academy, a law centerdesignated by the Supreme Court andassociations of law schools and/or lawprofessors.

The members of the Committee shall beof proven probity and integrity. They shallbe appointed by the Supreme Court for aterm of three (3) years and shall receivesuch compensation as may be determinedby the Court.

Sec. 2. Duty of the Committee. The MCLECommittee shall administer and adopt suchimplementing rules as may be necessarysubject to the approval by the SupremeCourt. It shall, in consultation with the IBPBoard of Governors, prescribe a schedule ofMCLE fees with the approval of theSupreme Court.

Sec. 3. Staff of the IBP. The IBP shallemploy such staff as may be necessary toperform the record-keeping, auditing,reporting, approval and other necessaryfunctions.

Sec. 4. Submission of annual budget. TheIBP shall submit to the Supreme Court anannual budget for a subsidy to establish,operate and maintain the MCLE Program.

This resolution shall take effect inOctober 2000, following its publication intwo (2) newspaper of general circulation inthe Philippines.

Adopted this 22nd day of August, 2000.


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C. BM 2012

BM No. 2012PROPOSED RULE ON MANDATORY

LEGAL AID SERVICE FOR PRACTICINGLAWYERS

RESOLUTION

Acting on the Memorandum dated January27, 2009 of Justice Renato C. Corona re:Comment of the Integrated Bar of thePhilippines on our Suggested Revisions tothe Proposed Rule of Mandatory Legal AidService for Practicing Lawyers, the CourtResolved to APPROVE the same.This Resolution shall take effect on July 1,2009 following publication of the said Ruleand its implementing regulations in at leasttwo (2) newspapers of general circulation.February 10, 2009.

———————–

RULE ON MANDATORY LEGAL AIDSERVICE

SECTION 1. Title. - This Rule shall beknown as “The Rule on Mandatory LegalAid Service.”

SECTION 2. Purpose. – This Rule seeks toenhance the duty of lawyers to society asagents of social change and to the courts asofficers thereof by helping improve access tojustice by the less privileged members ofsociety and expedite the resolution of casesinvolving them. Mandatory free legal serviceby members of the bar and their activesupport thereof will aid the efficient andeffective administration of justice especiallyin cases involving indigent and pauperlitigants.

SECTION 3. Scope. – This Rule shall governthe mandatory requirement for practicinglawyers to render free legal aid services inall cases (whether, civil, criminal oradministrative) involving indigent andpauper litigants where the assistance of alawyer is needed. It shall also govern theduty of other members of the legalprofession to support the legal aid programof the Integrated Bar of the Philippines.

SECTION 4. Definition of Terms. – Forpurposes of this Rule:(a) Practicing lawyers are members of the

Philippine Bar who appear for and inbehalf of parties in courts of law and

quasi-judicial agencies, including butnot limited to the National LaborRelations Commission, NationalConciliation and Mediation Board,Department of Labor and EmploymentRegional Offices, Department ofAgrarian Reform Adjudication Boardand National Commission forIndigenous Peoples. The term“practicing lawyers” shall exclude:(i) Government employees and

incumbent elective officials notallowed by law to practice;

(ii) Lawyers who by law are not allowedto appear in court;

(iii) Supervising lawyers of studentsenrolled in law student practice induly accredited legal clinics of lawschools and lawyers of non-governmental organizations (NGOs)and peoples’ organizations (POs) likethe Free Legal Assistance Groupwho by the nature of their workalready render free legal aid toindigent and pauper litigants and

(iv) Lawyers not covered undersubparagraphs (i) to (iii) includingthose who are employed in theprivate sector but do not appear forand in behalf of parties in courts oflaw and quasi-judicial agencies.

(b) Indigent and pauper litigants are thosedefined under Rule 141, Section 19 ofthe Rules of Court and Algura v. TheLocal Government Unit of the City ofNaga (G.R. No. 150135, 30 October2006, 506 SCRA 81);

(c) Legal aid cases are those actions,disputes, and controversies that arecriminal, civil and administrative innature in whatever stage whereinindigent and pauper litigants need legalrepresentation;

(d) Free legal aid services refer toappearance in court or quasi-judicialbody for and in behalf of an indigent orpauper litigant and the preparation ofpleadings or motions. It shall also coverassistance by a practicing lawyer toindigent or poor litigants in court-annexed mediation and in other modesof alternative dispute resolution (ADR).Services rendered when a practicinglawyer is appointed counsel deoficio shall also be considered as freelegal aid services and credited ascompliance under this Rule;

(e) Integrated Bar of the Philippines (IBP) isthe official national organization oflawyers in the country;


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(f) National Committee on Legal Aid (NCLA)is the committee of the IBP which isspecifically tasked with handling legalaid cases;

(g) Committee on Bar Discipline (CBD) is thecommittee of the IBP which isspecifically tasked with discipliningmembers of the Bar;

(h) IBP Chapters are those chapters of theIntegrated Bar of the Philippines locatedin the different geographical areas ofthe country as defined in Rule 139-Aand

(i) Clerk of Court is the Clerk of Court ofthe court where the practicing lawyerrendered free legal aid services. In thecase of quasi-judicial bodies, it refers toan officer holding an equivalent orsimilar position. The term shall alsoinclude an officer holding a similarposition in agencies exercising quasi-judicial functions, or a responsibleofficer of an accredited PO or NGO, oran accredited mediator who conductedthe court-annexed mediationproceeding.

SECTION 5. Requirements. –(a) Every practicing lawyer is required to

render a minimum of sixty (60) hours offree legal aid services to indigentlitigants in a year. Said 60 hours shallbe spread within a period of twelve (12)months, with a minimum of five (5)hours of free legal aid services eachmonth. However, where it is necessaryfor the practicing lawyer to render legalaid service for more than five (5) hoursin one month, the excess hours may becredited to the said lawyer for thesucceeding periods.

For this purpose, a practicing lawyershall coordinate with the Clerk of Courtfor cases where he may render free legalaid service. He may also coordinate withthe IBP Legal Aid Chairperson of theIBP Chapter to inquire about caseswhere he may render free legal aidservice. In this connection, the IBPLegal Aid Chairperson of the IBPChapter shall regularly and activelycoordinate with the Clerk of Court.

The practicing lawyer shall reportcompliance with the requirement withinten (10) days of the last month of eachquarter of the year.

(b) A practicing lawyer shall be required tosecure and obtain a certificate from theClerk of Court attesting to the numberof hours spent rendering free legal aid

services in a case. The certificate shallcontain the following information:(i) The case or cases where the legal

aid service was rendered, the partyor parties in the said case(s) forwhom the service was rendered, thedocket number of the said case(s)and the date(s) the service wasrendered.

(ii) The number of hours actually spentattending a hearing or conductingtrial on a particular case in thecourt or quasi-judicial body.

(iii) The number of hours actually spentattending mediation, conciliation orany other mode of ADR ona particular case.

(iv) A motion (except a motion forextension of time to file a pleadingor for postponement of hearing orconference) or pleading filed on aparticular case shall be consideredas one (1) hour of service.

The Clerk of Court shall issue thecertificate in triplicate, one (1) copy tobe retained by the practicing lawyer,one (1) copy to be retained by the Clerkof Court and one (1) copy to be attachedto the lawyer’s compliance report.

(c) Said compliance report shall besubmitted to the Legal Aid Chairpersonof the IBP Chapter within the court’sjurisdiction. The Legal Aid Chairpersonshall then be tasked with immediatelyverifying the contents of the certificatewith the issuing Clerk of Court bycomparing the copy of the certificateattached to the compliance report withthe copy retained by the Clerk of Court.

(d) The IBP Chapter shall, after verification,issue a compliance certificate to theconcerned lawyer. The IBP Chaptershall also submit the compliancereports to the IBP’s NCLA for recordingand documentation. The submissionshall be made within forty-five (45) daysafter the mandatory submission ofcompliance reports by the practicinglawyers.

(e) Practicing lawyers shall indicate in allpleadings filed before the courts orquasi-judicial bodies the number anddate of issue of their certificate ofcompliance for the immediatelypreceding compliance period. Failure todisclose the required information wouldcause the dismissal of the case and theexpunction of the pleadings from therecords.


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(f) Before the end of a particular year,lawyers covered by the category underSection 4(a)(i) and (ii), shall fill up aform prepared by the NCLA whichstates that, during that year, they areemployed with the government orincumbent elective officials not allowedby law to practice or lawyers who by laware not allowed to appear in court. Theform shall be sworn to and submitted tothe IBP Chapter or IBP National Officetogether with the payment of an annualcontribution of Two Thousand Pesos(P2,000). Said contribution shall accrueto a special fund of the IBP for thesupport of its legal aid program.

(g) Before the end of a particular year,lawyers covered by the category underSection 4(a)(iii) shall secure acertification from the director of thelegal clinic or of the concerned NGO orPO to the effect that, during that year,they have served as supervising lawyersin a legal clinic or activelyparticipated in the NGO’s or PO’s freelegal aid activities. The certificationshall be submitted to the IBP Chapteror IBP National Office.

(h) Before the end of a particular year,lawyers covered by the category underSection 4(a)(iv) shall fill up a formprepared by the NCLA which statesthat, during that year, they are neitherpracticing lawyers nor covered bySection (4)(a)(i) to (iii). The form shall besworn to and submitted to the IBPChapter or IBP National Office togetherwith the payment of an annualcontribution of Four Thousand Pesos(P4,000) byway of support for the efforts ofpracticing lawyers who rendermandatory free legal aid services. Saidcontribution shall accrue to a specialfund of the IBP for the support of itslegal aid program.

(i) Failure to pay the annual contributionshall subject the lawyer to a penalty ofTwo Thousand Pesos (P2,000) for thatyear which amount shall also accrue tothe special fund for the legal aidprogram of the IBP.

SECTION 6. NCLA. –(a) The NCLA shall coordinate with the

various legal aid committees of the IBPlocal chapters for the proper handlingand accounting of legal aid cases whichpracticing lawyers can represent.

(b) The NCLA shall monitor the activities ofthe Chapter of the Legal Aid Office withrespect to the coordination with Clerksof Court on legal aid cases and thecollation of certificates submitted bypracticing lawyers.

(c) The NCLA shall act as the nationalrepository of records in compliancewith this Rule.

(d) The NCLA shall prepare the followingforms: certificate to be issued by theClerk of Court and forms mentioned inSection 5(e) and (g).

(e) The NCLA shall hold in trust, manageand utilize the contributions andpenalties that will be paid by lawyerspursuant to this Rule to effectivelycarry out the provisions of this Rule.For this purpose, it shall annuallysubmit an accounting to the IBP Boardof Governors. The accounting shall beincluded by the IBP in its report to theSupreme Court in connection with itsrequest for the release of the subsidyfor its legal aid program.

SECTION 7. Penalties. –(a) At the end of every calendar year, any

practicing lawyer who fails to meet theminimum prescribed 60 hours of legalaid service each year shall be requiredby the IBP, through the NCLA, toexplain why he was unable to renderthe minimum prescribed number ofhours. If no explanation has been givenor if the NCLA finds the explanationunsatisfactory, the NCLA shall make areport and recommendation to the IBPBoard of Governors that the erringlawyer be declared a member of the IBPwho is not in good standing. Uponapproval of the NCLA’srecommendation, the IBP Board ofGovernors shall declare the erringlawyer as a member not in goodstanding. Notice thereof shall befurnished the erring lawyer and the IBPChapter which submitted the lawyer’scompliance report or the IBP Chapterwhere the lawyer is registered, in casehe did not submit a compliance report.The notice to the lawyer shall include adirective to pay Four Thousand Pesos(P4,000) penalty which shall accrue tothe special fund for the legal aidprogram of the IBP.

(b) The “not in good standing” declarationshall be effective for a period of three (3)months from the receipt of the erringlawyer of the notice from the IBP Board


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of Governors. During the said period,thelawyer cannot appear in court or anyquasi-judicial body as counsel.Provided, however, that the “not in goodstanding” status shall subsist even afterthe lapse of the three-month perioduntil and unless the penalty shall havebeen paid.

(c) Any lawyer who fails to comply with hisduties under this Rule for at least three(3) consecutive years shall be thesubject of disciplinary proceedings to beinstituted motu proprio by the CBD.The saidproceedings shall afford the erringlawyer due process in accordance withthe rules of the CBD and Rule 139-B ofthe Rules of Court. If foundadministratively liable, the penalty ofsuspension in the practice of law for one(1) year shall be imposed upon him.

(d) Any lawyer who falsifies a certificate orany form required to be submittedunder this Rule or any contents thereofshall be administratively charged withfalsification and dishonesty and shallbe subject to disciplinary action by theCBD. This is without prejudice to thefiling of criminal charges against thelawyer.

(e) The falsification of a certificate or anycontents thereof by any Clerk of Courtor by any Chairperson of the Legal AidCommittee of the IBP local chapterwhere the case is pending or by theDirector of alegal clinic or responsible officer of anNGO or PO shall be a ground for anadministrative case against the saidClerk of Court or Chairperson. This iswithout prejudice to the filing of thecriminaland administrative charges against themalfeasor.

SECTION 8. Credit for MandatoryContinuing Legal Education (MCLE). – Alawyer who renders mandatory legal aidservice for the required number of hours ina year for the three year-period covered by acompliance period under the Rules onMCLE shall be credited the following: two(2) credit units for legal ethics, two (2) creditunits for trial and pretrial skills, two (2)credit units for alternative disputeresolution, four (4) credit units for legalwriting and oral advocacy, four (4) creditunits for substantive and procedural lawsand jurisprudence and six (6) credit units

for such subjects as may be prescribed bythe MCLE Committee under Section 2(g),Rule 2 of the Rules on MCLE.

A lawyer who renders mandatory legalaid service for the required number ofhours in a year for at least two consecutiveyears within the three year-period coveredby a compliance period under the Rules onMCLE shall be credited the following: one(1) credit unit for legal ethics, one (1) creditunit for trial and pretrial skills, one (1)credit unit for alternative disputeresolution, two (2) credit units for legalwriting and oral advocacy, two (2) creditunits for substantive and procedural lawsand jurisprudence and three (3) credit unitsfor such subjects as may be prescribed bythe MCLE Committee under Section 2(g),Rule 2 of the Rules on MCLE.

SECTION 9. Implementing Rules. – The IBP,through the NCLA, is hereby givenauthority to recommend implementingregulations in determining who are“practicing lawyers,” what constitute “legalaid cases” and what administrativeprocedures and financial safeguards whichmay be necessary and proper in theimplementation of this rule may beprescribed. It shall coordinate with thevarious legal chapters in the crafting of theproposed implementing regulations and,upon approval by the IBP Board ofGovernors, the said implementingregulations shall be transmitted to theSupreme Court for final approval.SECTION 10. Effectivity. – This Rule and itsimplementing rules shall take effect on July1, 2009 after they have been published intwo (2) newspapers of general circulation.

Indigent Clients

D. RA 6033

REPUBLIC ACT No. 6033AN ACT REQUIRING COURTS TO GIVEPREFERENCE TO CRIMINAL CASESWHERE THE PARTY OR PARTIES

INVOLVE ARE INDIGENTS.

Section 1. Any provision of existing law tobe contrary notwithstanding and with theexception of habeas corpus and electioncases and cases involving detentionprisoners, and persons covered by RepublicAct Numbered Four thousand nine hundredeight, all courts shall give preference to the


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hearing and/or disposition of criminalcases where an indigent is involved eitheras the offended party or accused. The trialin these cases shall commence within threedays from date of arraignment and nopostponement of the hearings shall begranted except on the ground of illness ofthe accused or other similar justifiablegrounds. City and provincial fiscals andcourts shall forthwith conduct thepreliminary investigation of a criminal caseinvolving an indigent within three days afterits filing and shall terminate the samewithin two weeks.

Section 2. As used in this Act, the term"indigent" shall refer to a person who hasno visible means of income or whoseincome is insufficient for the subsistence ofhis family, to be determined by the fiscal orjudge, taking into account the members ofhis family dependent upon him forsubsistence.

Section 3. An indigent who is the offendedparty, respondent or an accused in acriminal case and who desires to avail ofthe preference granted under this Act shallfile a sworn statement of the fact of hisbeing indigent and the said swornstatement shall be sufficient basis for thecourt or fiscal to give preference to the trialand disposition of such criminal case.

Section 4. Any willful or malicious refusalon the part of any fiscal or judge to carryout the provisions of this Act shallconstitute sufficient ground for disciplinaryaction which may include suspension orremoval.

Section 5. This Act shall take effect upon itsapproval.

Approved: August 4, 1969.

E. RA 6034

REPUBLIC ACT No. 6034AN ACT PROVIDING TRANSPORTATION

AND OTHER ALLOWANCES FORINDIGENT LITIGANTS.

Section 1. Any provision of existing law tothe contrary notwithstanding, any indigentlitigant may, upon motion, ask the Courtfor adequate travel allowance to enable himand his indigent witnesses to attendant thehearing of a criminal case commenced by

his complaint or filed against him. Theallowance shall cover actual transportationexpenses by the cheapest means from hisplace of residence to the court and back.When the hearing of the case requires thepresence of the indigent litigant and/or hisindigent witnesses in court the whole day orfor two or more consecutive days,allowances may, in the discretion of theCourt, also cover reasonable expenses formeal and lodging.

For the purpose of this Act, indigentlitigants shall include anyone who has novisible means of income or whose income isinsufficient for his family as determined bythe Court under Section 2, hereof.

Section 2. If the court determines that thepetition for transportation allowance ismeritorious, said court shall immediatelyissue an order directing the provincial, cityor municipal treasurer to pay the indigentlitigant the travel allowance out of anyfunds in his possession and proceedwithout delay to the trial of the case. Theprovincial, city or municipal treasurer shallhold any such payments as cash itemsuntil reimbursed by the nationalgovernment.

Section 3. All payments of travel allowancesmade by provincial, city and municipaltreasurer under this Act as of October 31each year, shall be transmitted to theCommissioner of the Budget not later thanNovember 30 each year for inclusion in theannual General Appropriations Act. Thenecessary sum is hereby authorized to beappropriated out of the funds in theNational Treasury not otherwiseappropriated.

Section 4. This Act shall take effect upon itsapproval.Approved: August 4, 1969.

F. RA 6035

REPUBLIC ACT No. 6035AN ACT REQUIRING STENOGRAPHERSTO GIVE FREE TRANSCRIPT OF NOTES

TO INDIGENT AND LOW INCOMELITIGANTS AND PROVIDING A PENALTY

FOR THE VIOLATION THEREOF.

Section 1. A stenographer who hasattended a hearing before an investigatingfiscal or trial judge or hearing commissioner


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of any quasi-judicial body or administrativetribunal and has officially taken notes ofthe proceeding thereof shall, upon writtenrequest of an indigent or low incomelitigant, his counsel or duly authorizedrepresentative in the case concerned, givewithin a reasonable period to be determinedby the fiscal, judge, commissioner ortribunal hearing the case, a free certifiedtranscript of notes take by him on the case.

Section 2. A litigant who desires to availhimself of the privilege granted underSection one hereof shall, at theinvestigation, hearing, or trial, establish hisstatus as an indigent or low income litigantand the investigating fiscal or judge orcommissioner or tribunal hearing the caseshall resolve the same in the sameproceeding.

For the purpose of this Act, an "indigent orlow income litigant" shall include anyonewho has no visible means of support orwhose income does not exceed P300 permonth or whose income even in excess ofP300 per month is insufficient for thesubsistence of his family, which fact shallbe determined by the investigating fiscal ortrial judge or commissioner or tribunalhearing the case taking into account thenumber of the members of his familydependent upon him for subsistence.

Section 3. Any stenographer who, after duehearing in accordance with the pertinentprovisions of Republic Act No. 2260, asamended, has been found to have violatedthe provisions of Section one of this Act orhas unreasonable delayed the giving of afree certified transcript of notes to anindigent or low income litigant shall besubject to the following disciplinary actions:(a) suspension from office for a period notexceeding thirty (30) days upon finding ofguilt for the first time;(b) suspension from office for not less thanthirty (30) days and not more than sixty(60) days upon finding of guilt for thesecond time; and(c) removal from office upon finding of guiltfor the third time.

Section 4. This Act shall apply to allindigent or low income litigants who, at thetime of its approval, have pending cases inany fiscal office, court, or quasi-judicialbody or administrative tribunal.

Section 5. The Department of Justice shallprescribe such rules and regulations asmay be necessary to carry out the purposesof this Act, and the Department Headconcerned shall provide the necessarysupplies and authorize the use ofgovernment equipment by thestenographers concerned.

Section 6. This Act shall take effect upon itsapproval.Approved: August 4, 1969.

G. PD 543

PRESIDENTIAL DECREE No. 543August 21, 1974

AUTHORIZING THE DESIGNATION OFMUNICIPAL JUDGES AND LAWYERS INANY BRANCH OF THE GOVERNMENT

SERVICE TO ACT AS COUNSEL DEOFICIO FOR THE ACCUSED WHO AREINDIGENT IN PLACES WHERE THERE

ARE NO AVAILABLE PRACTICINGATTORNEYS

WHEREAS, under existing law, MunicipalJudges and other lawyers in thegovernment service are prohibited frompracticing law;

WHEREAS, there are some places wherethere are no available legal practitioners, asa result of which the trial of cases in courtis delayed to the prejudice particularly ofdetention prisoners;

WHEREAS, for the protection of the rightsof the accused who cannot afford to hirelawyers from other places and to preventmiscarriage of justice, it is necessary thatthey be provided with counsel;

NOW, THEREFORE, I, FERDINAND E.MARCOS, President of the Philippines, byvirtue of the powers in me vested by theConstitution as commander-in-Chief of theArmed Forces of the Philippines, andpursuant to Proclamation No. 1081, datedSeptember 21, 1972, and General OrderNo. 1, dated September 22, 1972, asamended, do hereby order and decree asfollows:

Section 1. Designation of Municipal Judgesand lawyers in any branch of thegovernment service, as counsel de oficio. Inplaces where there are no available


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practicing lawyers, the District Judge orCircuit Criminal Court Judge shalldesignate a municipal judge or a lawyeremployed in any branch, subdivision orinstrumentality of the government withinthe province, as counsel de oficio for anindigent person who is facing a criminalcharge before his court, and the services ofsuch counsel de oficio shall be dulycompensated by the Government inaccordance with Section thirty-two, RuleOne Hundred Thirty Eight of the Rules ofCourt.

If the criminal case wherein the services ofa counsel de oficio are needed is pendingbefore a City or municipal court, the city ormunicipal judge concerned shallimmediately recommend to the nearestDistrict Judge the appointment of a counselde oficio, and the District Judge shallforthwith appoint one in accordance withthe preceding paragraph.

For purposes of this Decree an indigentperson is anyone who has no visible meansof support or whose income does not exceedP300 per month or whose income even inexcess of P300 is insufficient for thesubsistence of his family, which fact shallbe determined by the Judge in whose courtthe case is pending, taking into account thenumber of the members of his familydependent upon him for subsistence.

Section 2. Repealing Clause. All laws anddecrees inconsistent with this Decree arehereby repealed.

Section 3. Effectivity. This Decree shall takeeffect immediately.

DONE in the City of Manila, this 21st day ofAugust, in the year of Our Lord, nineteenhundred and seventy-four.

Special Law on Retired Justicesand Judges

H. RA 910

REPUBLIC ACT NO. 910AN ACT TO PROVIDE FOR THE

RETIREMENT OF JUSTICES OF THESUPREME COURT AND OF THE COURTOF APPEALS, FOR THE ENFORCEMENTOF THE PROVISIONS HEREOF BY THEGOVERNMENT SERVICE INSURANCE

SYSTEM, AND TO REPEALCOMMONWEALTH ACT NUMBERED FIVE

HUNDRED AND THIRTY-SIX

Section 1. When a Justice of the SupremeCourt or of the Court of Appeals who hasrendered at least twenty years' serviceeither in the judiciary or in any otherbranch of the Government, or in both, (a)retires for having attained the age ofseventy years, or (b) resigns by reason ofhis incapacity to discharge the duties of hisoffice, he shall receive during the residue ofhis natural life, in the manner hereinafterprovided, the salary which he was receivingat the time of his retirement or resignation.And when a Justice of the Supreme Courtor of the Court of Appeals has attained theage of fifty-seven years and has rendered atleast twenty-years' service in theGovernment, ten or more of which havebeen continuously rendered as suchJustice or as judge of a court of record, heshall be likewise entitled to retire andreceive during the residue of his naturallife, in the manner also hereinafterprescribed, the salary which he was thenreceiving. It is a condition of the pensionprovided for herein that no retiring Justiceduring the time that he is receiving saidpension shall appear as counsel before anycourt in any civil case wherein theGovernment or any subdivision orinstrumentality thereof is the adverse party,or in any criminal case wherein and officeror employee of the Government is accusedof an offense committed in relation to hisoffice, or collect any fee for his appearancein any administrative proceedings tomaintain an interest adverse to theGovernment, insular, provincial ormunicipal, or to any of its legallyconstituted officers.

Section 2. In case a Justice of the SupremeCourt or of the Court of Appeals dies whilein actual service, his heirs shall receive alump sum amounting to the salary that


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said Justice was receiving at the time of hisdemise for five years if by reason of hislength of service in the Government he werealready entitled to the benefits of this Act;otherwise his heirs shall only receive alump sum equivalent to his last salary fortwo years, in addition to a reimbursementof all premiums that he may have paidunder this Act. The same benefits providedin this Section shall be extended to anyincumbent Justice of the Supreme Court orof the Court of Appeals who, without havingattained the length of service required insection one hereof, shall have to retire uponreaching the age of seventy years, or forother causes, such as illness, to be certifiedto by the tribunal to which the Justiceconcerned belongs, which render himincapacitated to continue in his position.

Section 3. Upon retirement a Justice of theSupreme Court or of the Court of Appealsshall be automatically entitled to a lumpsum payment of the monthly salary thatsaid Justice was receiving at the time of hisretirement for five years, and thereafterupon survival after the expiration of thisperiod of five years, to a further annuitypayable monthly during the residue of hisnatural life equivalent to the amount of themonthly salary he was receiving on the dateof his retirement.

Section 4. A retiring Justice who is entitledto the benefits of any prior retirementgratuity Act shall have the option to choosebetween the benefits in such Act and thoseherein provided for, and in such case heshall be entitled only to the benefits sochosen: Provided, however, That a Justiceretired under any prior Act and who isthereafter appointed to the Supreme Courtor to the Court of Appeals, shall be entitledto the benefits of this Act on condition that,in case he has not fully refunded to theGovernment the gratuity previouslyreceived by him, there shall be deductedfrom the amount payable to him under thisAct such monthly installments as arerequired in section six of Act NumberedFour thousand and fifty-one, as amended,until the gratuity already received by himshall have been refunded in full.

Section 5. The Government ServiceInsurance System shall take charge of theenforcement and operation of this Act, andno Justice of the Supreme Court or of theCourt of Appeals shall be entitled to receiveany gratuity or pension herein provided

unless from the month following theapproval of this Act, in case of an actualJustice of any of said courts, or from themonth following his appointment, andqualification as such Justice, in case offuture appointment, he shall havecontributed to the funds of the System bypaying a monthly premium of fifty pesos.

Section 6. Commonwealth Act NumberedFive hundred and thirty-six and any otherprovision in conflict with this Act arehereby repealed.

Section 7. This Act shall take effect uponits approval.

Approved: June 20, 1953

I. PD 1438

PRESIDENTIAL DECREE NO. 1438AMENDING REPUBLIC ACT 910

PROVIDING FOR THE RETIREMENT OFJUSTICES AND ALL JUDGES IN THE

JUDICIARY AS AMENDED

WHEREAS, Justices and Judges aregranted transportation, living andrepresentation allowances from nationaland/or local funds as authorized byexisting laws, rules and regulations;

WHEREAS, said allowances are notincluded in the computation of theretirement benefits of Justices and Judges,although they constitute integral part oftheir remuneration; and

WHEREAS, Justices and Judges, in view ofthe highly sensitive nature of their officesshould be able, as much as possible, toperform their official duties free from anyanxiety of financial strain or stress in theirfuture lives and activity as private citizens.

NOW, THEREFORE, I, FERDINAND E.MARCOS, President of the Philippines, byvirtue of the powers vested in me by theConstitution do hereby order and decree:

Section 1. Section 2 and 3 of R.A. 910 asamended by R.A. 5095 are hereby amendedto read as follows:

"Sec. 2. In case of a justice of theSupreme Court or Court of Appeals or ajudge of the Court of First Instance, CircuitCriminal Court, Agrarian Relations, Tax


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Appeals, Juvenile and Domestic Relations,city or municipal court, or any other courthereafter established, dies while in actualservice, his heirs shall receive a lump sumof five years gratuity computed on the basisof the highest monthly salary plus thehighest monthly aggregate oftransportation, living and representationallowances received by him as such Justiceor Judges, if by reason of his length ofservice in the Government he was alreadyentitled to the benefits of this Act. The samebenefits provided for in this section shall beextended to any incumbent justice of theSupreme Court or the Court of Appeals, ora judge of the Court of First Instance,Circuit Criminal Court, Agrarian Relations,Tax Appeals, Juvenile and DomesticRelations, or city or municipal court, or anyother court hereafter established, as thecase may be, who, without having attainedthe length of service required in Section onehereof shall have to retire upon reachingthe age of sixty five years, or upon othercauses, such illness or permanent physicaldisability, to be certified to by the tribunalto which the justice concerned belongs, orby the Supreme Court in the case of anincumbent judge of the Court of FirstInstance, and other similar courts ofrecord, or a city or municipal judge, whichrender him incapacitated to continue in hisposition."

"Sec. 3. Upon retirement, a justice of theSupreme Court or of the Court of Appeals,of a judge of the Court of First Instance,Circuit Criminal Court, Agrarian Relations,Tax Appeals, Juvenile and DomesticRelations, city or municipal court, or anyother court hereafter established shall beautomatically entitled to a lump sum of fiveyear gratuity computed on the basis ofhighest monthly salary plus the highestmonthly aggregate of transportation, livingand representation allowances he wasreceiving on the date of his retirement;Provided, however, That if the reason forthe retirement be any permanent disabilitycontracted during his incumbency in officeand prior to the date of retirement he shallreceive only a gratuity equivalent to tenyears' salary and allowancesaforementioned with no further annuitypayable monthly during the rest of theretiree's natural life."

Section 2. Such sum as may benecessary to carry out the purposes of this

amendatory act is hereby authorized to beappropriated.

Section 3. This Decree shall take effectimmediately.

Done in the City of Manila, this 10th day ofJune, in the year of Our Lord, nineteenhundred and seventy-eight.

Law on Obstruction of Justice

J. PD 1829

PRESIDENTIAL DECREE No. 1829PENALIZING OBSTRUCTION OF

APPREHENSION AND PROSECUTION OFCRIMINAL OFFENDERS

WHEREAS, crime and violence continue toproliferate despite the sustained vigorousefforts of the government to effectivelycontain them;

WHEREAS, to discourage publicindifference or apathy towards theapprehension and prosecution of criminaloffenders, it is necessary to penalize actswhich obstruct or frustrate or tend toobstruct or frustrate the successfulapprehension and prosecution of criminaloffenders;

NOW, THEREFORE, I, FERDINAND, E.MARCOS, President of the Philippines, byvirtue of the powers vested in me by law dohereby decree and order the following:

Section 1. The penalty of prisioncorreccional in its maximum period, or afine ranging from 1,000 to 6,000 pesos, orboth, shall be imposed upon any personwho knowingly or willfully obstructs,impedes, frustrates or delays theapprehension of suspects and theinvestigation and prosecution of criminalcases by committing any of the followingacts:(a) preventing witnesses from testifying in

any criminal proceeding or fromreporting the commission of any offenseor the identity of any offender/s bymeans of bribery, misrepresentation,deceit, intimidation, force or threats;

(b) altering, destroying, suppressing orconcealing any paper, record,document, or object, with intent toimpair its verity, authenticity, legibility,availability, or admissibility as evidence


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in any investigation of or officialproceedings in, criminal cases, or to beused in the investigation of, or officialproceedings in, criminal cases;

(c) harboring or concealing, or facilitatingthe escape of, any person he knows, orhas reasonable ground to believe orsuspect, has committed any offenseunder existing penal laws in order toprevent his arrest prosecution andconviction;

(d) publicly using a fictitious name for thepurpose of concealing a crime, evadingprosecution or the execution of ajudgment, or concealing his true nameand other personal circumstances forthe same purpose or purposes;

(e) delaying the prosecution of criminalcases by obstructing the service ofprocess or court orders or disturbingproceedings in the fiscal's offices, inTanodbayan, or in the courts;

(f) making, presenting or using any record,document, paper or object withknowledge of its falsity and with intentto affect the course or outcome of theinvestigation of, or official proceedingsin, criminal cases;

(g) soliciting, accepting, or agreeing toaccept any benefit in consideration ofabstaining from, discounting, orimpeding the prosecution of a criminaloffender;

(h) threatening directly or indirectlyanother with the infliction of any wrongupon his person, honor or property orthat of any immediate member ormembers of his family in order to

prevent such person from appearing inthe investigation of, or officialproceedings in, criminal cases, orimposing a condition, whether lawful orunlawful, in order to prevent a personfrom appearing in the investigation of orin official proceedings in, criminalcases;

(i) giving of false or fabricated informationto mislead or prevent the lawenforcement agencies fromapprehending the offender or fromprotecting the life or property of thevictim; or fabricating information fromthe data gathered in confidence byinvestigating authorities for purposes ofbackground information and not forpublication and publishing ordisseminating the same to mislead theinvestigator or to the court.

If any of the acts mentioned herein ispenalized by any other law with a higherpenalty, the higher penalty shall beimposed.

Section 2. If any of the foregoing acts iscommitted by a public official or employee,he shall in addition to the penaltiesprovided thereunder, suffer perpetualdisqualification from holding public office.

Section 3. This Decree shall take effectimmediately.

Done in the City of Manila, this 16th day ofJanuary, in the year of Our Lord, nineteenhundred and eighty-one.

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