A. LEGAL ETHICS1. Practice of Lawa. ConceptAny activity in or out of court which requires the application of law, legal principle, practice or procedure and calls for legal knowledge, training and experience.[footnoteRef:1] [1: Cayetano vs Monsod, 201 SCRA 210]

Strictly speaking, the word practice of law implies the customary or habitual holding of oneself to the public as a lawyer and demanding compensation for his services.[footnoteRef:2] [2: People vs. Villanueva, 14 SCRA 111]

(1) PrivilegeThe practice of law is a privilege granted only to those who possess the strict intellectual and moral qualifications required of lawyers who are instruments in the effective and efficient administration of justice.[footnoteRef:3] [3: In Re: Argosino (1997)]

The practice of law is not a natural, property or constitutional right but a mere privilege. It is not a right granted to anyone who demands it but a privilege to be extended or withheld in the exercise of sound judicial discretion. It is in the nature of a franchise conferred only for merit which must be earned by hard study, learning and good conduct. It is a privilege accorded only to those who measure up to certain rigid standards of mental and moral fitness. Those standards are neither dispensed with nor lowered after admission. The attorneys continued enjoyment of the privilege conferred depends upon his complying with the ethics and rules of the profession. (2) Profession, Not BusinessPrimary characteristics which distinguish the legal profession from business:

a. Duty of service, of which the emolument is a byproduct, and in which one may attain the highest eminence without making such money;

b. A relation as an officer of court to the administration of justice involving thorough sincerity, integrity and reliability;

c. A relation to clients in the highest degree of fiduciary;

d. A relation to colleagues at the bar characterized by candor, fairness and unwillingness to resort to current business methods of advertising and encroachment on their practice or dealing with their clients.

b. Qualifications

1. He must have been admitted to the Bar

i. Furnishing satisfactory proof of educational, moral and other qualification;

ii. Passing the bar

iii. Taking the Lawyers Oath before the SC

iv. Signing the Attorneys Roll and receiving from the Clerk of Court of the SC a Certificate of the license to practice

2. After his admission to the bar, a lawyer must remain in good and regular standing, which is a continuing requirement for the practice of law. He must:

i.. Remain a member of the IBP

ii. Regularly pay all IBP membership dues and other lawful assessments, as well as the annual privilege tax;

iii. Faithfully observe the rules and ethics of the legal profession; and

iv. Be continually subject to judicial disciplinary control.c. Appearance of Non-Lawyers(1) Law Student PracticeThe rule provides that a law student who has successfully completed his 3rd year of the regular four year law curriculum and is enrolled in a recognized law schools clinical legal education program approved by the Supreme Court, may appear without compensation in any civil, criminal or administrative case before any trial court, tribunal, board or officer, to represent indigent clients accepted by the legal clinic of the law school.[footnoteRef:4] [4: Rule 138 A, Sec. 1]

He shall be under the direct supervision and control of a lawyer accredited by the law school and who shall sign on behalf of the legal clinic all pleadings, motions, briefs, memoranda or other papers to be filed.

He shall be governed by the rules on privileged communication and shall comply with the standards of professional conduct governing lawyers. The supervising lawyer may be disciplined for his failure to provide adequate supervision. (2) Non-Lawyers in Courtsa. Before the MTC - a party may conduct his case or litigation in person with the aid of an agent or friend appointed by him.

b. Before any court a party may conduct his litigation personally. But he gets someone to aid him and that someone must be an authorized member of the Bar. He is bound by the same rules in conducting the trial of his case. He cannot, after judgment, claim that he was not properly represented.

c. In a criminal case before the MTC in a locality where a duly licensed member of the Bar is not available, the judge may appoint a non-lawyer who is a resident of that province, of good repute for probity and ability to the accused in his defense.

d. A non-lawyer may represent a claimant before the Cadastral Court.

e. Any person appointed to appear for the government of the Philippines in accordance with law. (3) Non-Lawyers in Administrative TribunalsUnder the Labor Code non-lawyers may appear before the NLRC or any Labor Arbiter if they (a) represent themselves; (b) represent their organization or members thereof.(4) Proceedings Where Lawyers Prohibited from Appearinga. Members of legislature:

A lawyer-member of the legislature is only prohibited from appearing as counsel before any court of justice, electoral tribunals or quasi-judicial and administrative bodies. The word appearance includes not only arguing a case before any such body but also filing a pleading on behalf of a client as by simply filing a formal motion, plea or answer.[footnoteRef:5] [5: Ramos vs. Manalac, 89 Phil 270]

Neither can he allow his name to appear in such pleading by itself or as part of a firm name under the signature of another qualified lawyer because the signature of an agent amounts to signing of a non-qualified senator or congressman, the office of an attorney being originally of agency, and because he will, by such act, be appearing in court or quasi-judicial or administrative body in violation of the constitutional restriction. He cannot do indirectly what the Constitution prohibits directly.[footnoteRef:6] [6: In re: David 93 Phil. 461]

b. Members of the sanggunian:

They shall not:

1. Appear as counsel before any court in any civil case wherein a local government unit or any office, agency or instrumentality of the government is the adverse party;

2. Appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office;

3. Collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official.[footnoteRef:7] [7: Sec. 90, R.A. 7160]

4. Use property and personnel of the government except when the Sanggunian member concerned is defending the interest of the government

c. Retired justice/judge:

As a condition of the pension provided under R.A. 910, no retired justice or judge of a court of record or city or municipality judge during the time that he is receiving said pension shall:

1. Appear as counsel before any court in:

1. Any civil case wherein the government or any subdivision or instrumentality thereof is the adverse party;1. Any criminal case wherein an officer or an employee of the government is accused of an offense committed in relation to his office.

2. Collect any fees for his appearance in any administrative proceedings to maintain an interest adverse to the government, provincial or municipal, or to any of its legally constituted officers.[footnoteRef:8] [8: Sec 1, R.A. 910]

d. Sanctions for Practice or Appearance Without Authority(1) Lawyers Without Authority1. Declaratory relief;2. Petition for Injunction;3. Contempt of court;4. Criminal complaint for Estafa against a person who falsely represented himself to be an attorney to the damage of a party; 5. Disqualification and complaints for disbarment; or 6. Administrative complaint against the erring lawyer or government official. (2) Persons Not LawyersThey may be punished with contempt of court, severe censure and three (3) months imprisonment because of the highly fraudulent and improper conduct tending directly to impede, obstruct, degrade, and make a mockery of the administration of justice.[footnoteRef:9] [9: Manangan v. CFI, G.R. No. 82760, August 30,1990; Lapena, 2009]

e. Public Officials And Practice of Law(1) Prohibition or Disqualification of Former Government AttorneysA lawyer shall not, after leaving the government service, accept engagement or employment in connection with any matter in which he had intervened while in said service.[footnoteRef:10] [10: Rule 6.03, CPR]

Section 7 (b), R.A. 6713 prohibits any former public official or employee for a period of one year after retirement or separation from office to practice his profession in connection with any other matter before the office he used to be with. (2) Public officials who cannot practice law or with restrictionsPublic Officials Who Cannot Practice Law in the Philippines:1. Judges and other officials or employees of the superior court2. Officials and employees of the Office of the Solicitor General3. Government Prosecutors4. President, Vice-President, members of the Cabinet, their deputies and assistants5. Chairmen and members of the Constitutional Commissions6. Ombudsman and his deputies7. Governors, city and municipal mayors8. Those who, by special law are prohibited from engaging in the practice of their legal professionPublic Officials with restrictions in the practice of law: 1. Senators and Members of the House of Representatives2. Members of the Sanggunian3. Retired Justice or Judge4. Civil Service officers or employees without permit from their respective department heads.[footnoteRef:11] [11: Noriega vs. Sison, 125 SCRA 293]

f. Lawyers Authorized to Represent the GovernmentAny official or other person appointed or designated in accordance with law to appear for the government of the Philippines or any of its officials shall have all the rights of a duly authorized member of the bar to appear in any case in which the government has an interest, direct or indirect, or in which such official is charged in his official capacity. g. Lawyers OathI, ____________, do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same; I will delay no man for money or malice and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the courts as to my clients; and I impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. So help me God.2. Duties and Responsibilities of a Lawyera. To Society(1) Respect for Law and Legal Processes[footnoteRef:12] [12: Canon 1]

This is the first and foremost duty of a lawyer for he is the servant of the law and belongs to a profession to which society has entrusted the administration of law and the dispensing of justice. Corollarily, the Rules of Court provides that it shall be the duty of an attorney to maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines. (2) Efficient and Convenient Legal ServicesA lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latters rights.

A lawyer who accepts professional employment should be in a position to render efficient and effective legal assistance; otherwise he should help find another lawyer who is qualified and able to do so. And a lawyer who is qualified to provide efficient legal services should make available such services to those who are in need thereof. This is an obligation a lawyer assumes when he took his oath of office. (3) True, Honest Fair, Dignified and Objective Information on Legal ServicesConformably to this canon, it is a lawyers duty:

Not to use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services. Nor shall he pay or give anything of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legal business. (4) Participation in the Improvement and Reforms in Legal SystemExamples:

1. Presenting position papers or resolutions for the introduction of pertinent bills in Congress;1. Petitions with the SC for the amendment of the Rules of Court.(5) Participation in Legal Education ProgramThis canon stems from the threefold obligation which a person assumes upon becoming a lawyer. He owes it to himself to continue improving his knowledge of the law; he owes it to his profession to take an active interest in the maintenance of high standards of legal education; and he owes it to the public to make the law a part of their social consciousness.b. To the Legal Profession(1) Integrated Bar of the PhilippinesNational organization of lawyers created on January 16, 1973 under Rule 139-A, Rules of Court and constituted on May 4, 1973 into a body corporate by P.D. No.181.(a) Membership and DuesEvery member of the Integrated Bar shall pay such annual dues as the Board of Governors shall determine with the approval of the Supreme Court. A fixed sum equivalent to ten percent (10%) of the collection from each Chapter shall be set aside as a Welfare Fund for disabled members of the Chapter and the compulsory heirs of deceased members thereof.(2) Upholding the Dignity and Integrity of the ProfessionA lawyer shall be answerable for knowingly making a false statement or suppressing a material fact, in connection with his application for admission to the bar.A lawyer shall not, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. (3) Courtesy, Fairness and Candor Towards Professional ColleaguesA lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper. (4) No Assistance in Unauthorized Practice of LawA lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.The purpose of the law is to protect the public, the court, the client and the bar from the incompetence, dishonesty of those unlicensed to practice law and not subject to the disciplinary control of the court. Even members of the bar are not at liberty to appear in court representing a client if they are not duly retained by the client or appointed by the court to do so. An attorney willfully appearing in court for a person without being employed, unless by leave of court, may be punished for contempt as an officer of the court who has misbehaved in his official transactions.

But an unauthorized representation by a lawyer may be given effect if ratified, expressly or impliedly, by the client. Ratification retroacts to the date of the attorneys first appearance and validates the action taken by him. It also removes the taint of impropriety in the attorneys conduct as an officer of the court.c. To the Courts(1) Candor, Fairness and Good Faith Towards the CourtsA lawyer shall not do any falsehood, nor consent to the doing of any in court; nor shall be misled, or allow the court to be misled by any artifice.

Requirements of candor:

1. A lawyer shall not suppress material and vital facts which bear on the merit or lack of merit of complaint or petition;

2. A lawyer shall volunteer to the court any development of the case which has rendered the issue raised moot and academic;

3. Disclose to court any decision adverse to his position of which opposing counsel is apparently ignorant and which court should consider in deciding a case;

4. He shall not represent himself as lawyer for a client, appear for client in court and present pleadings, only to claim later that he was not authorized to do so.5. A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as a law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved.

A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice.(2) Respect for Courts and Judicial OfficersA lawyer shall observe and maintain the respect due to the courts and to judicial officers and should insist on similar conduct by others.

A lawyer should show respect due the court and judicial officer by appearing during the trial of a case punctually and in proper attire.

A lawyers language should be forceful but dignified, emphatic but respectful as befitting an advocate and in keeping with the dignity of the legal profession.(3) Assistance in the Speedy and Efficient Administration of JusticeA lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of his case, the evidence he will adduce and the order of its presentation. He should also be ready with the original documents for comparison with the copies.

A lawyer shall not unduly delay a case, impede the execution of judgment or misuse court processes.

The duty of a lawyer to assist in the speedy and efficient administration of justice includes the duty to refrain from talking to his witness during a break or recess in the trial while the witness is still under examination. (4) Reliance on Merits of Case, Not From Improper Influence Upon the CourtsA lawyer shall rely upon the merits of his cause and refrain from any impropriety which tends to influence, or gives the appearance of influencing the court.

A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating familiarity with judges.

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

A lawyer shall not brook nor invite interference by another branch or agency of the government in the normal course of judicial proceedings. d. To the Clients(1) Availability of Service Without Discrimination(a) Services Regardless of Persons StatusHe shall observe the same standard of conduct governing his relations with paying clients every time he accepts the cause of a person unable to pay his professional fees.(b) Services as Counsel De OfficioNot to decline, except for serious and sufficient cause, an appointment as counsel de oficio or as amicus curiae, or a request from the IBP or any of its chapters for rendition of free legal aid.

(c) Valid Grounds for Refusal

i) he is in no position to carry out the work effectively or competently;

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

iii)too many de oficio cases assigned to the lawyer

iv)lawyer is prohibited from practicing law by reason of his public office which prohibits appearances in court; andv) lawyer is preoccupied with too many cases which will spell prejudice to the new clients.(2) Candor, Fairness and Loyalty to Clients(a) Confidentiality RuleHe shall not reveal the confidence obtained by him from persons in his professional capacity even though his employment may not have been hired to continue with the clients case.

It is the duty of the attorney to maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his clients business except from him or with his knowledge and approval.(b) Privileged CommunicationsHe shall be bound by the rule on privilege communication in respect of matters disclosed to him by a prospective client.

Even if the communication is unprivileged, the rule of ethics prohibits him from voluntarily revealing or using to his benefit or to that of a third person, to the disadvantage of the client, the said communication unless the client consents thereto.

This is applicable to students under the Student Practice Law Program.(c) Conflict of InterestA lawyer, in conferring with a prospective client shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the prospective client.

It is the duty of a lawyer at the time of retainer to disclose to the client all circumstances of his relations to the parties and any interest in connection with the controversy, which might influence the client in the selection of counsel.

It is unprofessional to represent conflicting interests, except by express consent of all concerned given after a full disclosure of facts. Within the meaning of this Canon, a lawyer represents conflicting interests when, in behalf of one client it is his duty to contend for that which duty to another client requires him to oppose.

It is generally the rule based on sound public policy that an attorney cannot represent adverse interest. It is highly improper to represent both sides of an issue. The proscription against representation of conflicting interest finds application where the conflicting interest arises with respect to the same general matter and is applicable however slight such adverse interest may be. It applies although the attorney's intention and motives were honest and he acted in good faith. However, representation of conflicting interest may be allowed where the parties consent to the representation after full disclosure of facts.

He shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. But he may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes.He shall not act as counsel for a person whose interest conflicts with that of his present or former client.

That the conflict of interests is remote or merely probable or the representation of conflicting interests is in good faith and with honest intention on the part of the lawyer does not make the prohibition inoperative.

The circumstance that the former client is successful or has not been prejudiced by the representation of conflicting interests does not render the lawyers conduct less improper. (d) Candid and Honest Advice to ClientsWhen advising his client, he shall give a candid and honest opinion on the merits and probable results of the clients case, neither overstating nor understating the prospects of the case. Neither shall he state nor imply that he is able to influence any public official, tribunal or legislative body.

If a lawyer finds that his clients contemplated civil suit is totally devoid of merit or that the pending action against him is wholly defenseless, he should so inform his client and dissuade him, in the first instance, from filing the case, in the second instance, to compromise or submit rather than traverse the incontrovertible.

If on the other hand, he finds that his clients cause is fairly meritorious and ripe for judicial adjudication, he should refrain from making bold and confident assurances of success. (e) Compliance with lawsHe shall impress upon his client compliance with the laws and the principles of fairness.[footnoteRef:13] [13: Rule 15.07]

While it is the lawyers duty to comply with the clients lawful request, he should resist and should never follow any unlawful instructions of his client. In matters of law, it is the client who should yield to his lawyer and not the other way around.

A lawyer should not approve of his impropriety. He may not therefore sanction his clients act of compromising the action with the adverse party without the knowledge of the latters attorney.(f) Concurrent practice of another professionWhen engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity.(3) Clients Moneys and Properties(a) Fiduciary RelationshipThe highly fiduciary and confidential relation of attorney and client requires that the attorney should promptly account for all funds and property received or held by him for the clients benefit. Where a client gives money to his lawyer for a specific purpose, the lawyer should, upon failure to take such step and spend the money for it, immediately return the money to his client. (b) Co-Mingling of FundsAccount for all money or property collected or received for or from the client and shall keep the funds of each client separate and apart from his own and those of others kept by him.[footnoteRef:14] [14: Rule 16.02]

(c) Delivery of FundsDeliver the funds and property of his client when due or upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court.When an attorney unjustly retains in his hands money of his client after it has been demanded, he may be punished for contempt as an officer of the court who has misbehaved in his official transactions; but proceedings under this section shall not be a bar to a criminal prosecution.

The circumstance that an attorney has a lien for his attorneys fees on the money in his hands collected for his client does not relieve him from the obligation to make a prompt accounting.

The failure of an attorney to return the clients money upon demand gives rise to the presumption that he has misappropriated it for his own use to the prejudice of and in violation of the trust reposed in him by the client.(d) Borrowing or LendingNot to borrow money from his client unless the clients interests are fully protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to a client except, when in the interest of justice, he has to advance necessary expenses in a legal matter he is handling for the client.[footnoteRef:15] [15: Rule 16.04]

(4) Fidelity to Clients Cause[footnoteRef:16] [16: Canon 17]

No lawyer is obliged to act either as adviser or advocate for every person who may wish to become his client. But once he agrees to take up the cause of his client, the lawyer owes fidelity to such cause and must always be mindful of the trust and confidence reposed in him. He owes his client entire devotion to his genuine interest, warm zeal in the maintenance and defense of his rights and the exertion of his utmost learning and ability.

But while a lawyer owes absolute fidelity to the cause of his client, full devotion to his genuine interest, and warm zeal in the maintenance and defense of his rights, he must do so only within the bounds of law.[footnoteRef:17] [17: Choa vs. Chiongson, 260 SCRA 477 [1996]]

His pending release by the client from professional responsibility does not justify relaxing his guard. Neither does the failure of his client to pay him his fees warrant his abandoning the case.

A lawyer has no right to presume that his petition for withdrawal will be granted by the court. Until his withdrawal shall have been approved, the lawyer remains counsel of record who is expected by his client as well as by the court to do what the interests of his client require. He must still appear on the date of hearing for the attorney-client relation does not terminate formally until there is a withdrawal of record.[footnoteRef:18] [18: Orcino vs. Atty. Gaspar, September 24, 1997]

(5) Competence and Diligence[footnoteRef:19] [19: Canon 18]

By accepting a retainer, he impliedly represents that (a) he possesses the requisite degree of learning, skill and ability which is necessary to the practice of his profession and which others similarly situated possess; (b) he will exert his best judgment in the prosecution or defense of the litigation entrusted to him; (c) he will exercise reasonable and ordinary care and diligence in the use of his skill and in the application of his knowledge to his clients cause; and (d) he will take such steps as will adequately safeguard his clients interest.

Therefore, it is a lawyers duty:

Not to undertake a legal service which he knows or should know that he is not qualified to render. However, he may render such service if, with the consent of his client, he can obtain as collaborating counsel a lawyer who is competent on the matter.[footnoteRef:20] [20: Rule 18.01]

The full protection of the clients interests requires no less than a mastery of the applicable law and the facts involved in a case, regardless of the nature of the assignment and keeping constantly abreast of the latest jurisprudence and developments in all branches of the law.(a) Adequate protection[footnoteRef:21] [21: should be preparation (IMO)]

Not to handle any legal matter without adequate preparation.[footnoteRef:22] [22: Rule 18.02]

Any attempted representation of a case without adequate preparation distracts the administration of justice and discredits the bar. And when the merits of one side of a case are not properly presented because of inadequate legal representation as against the merits of the other well presented side, the court may be and often is misled into looking at the case in an uneven light. Moreover, to be able to put up a good fight in the courtroom, hard work and intensive study and preparation are the only guarantees of coming out unscathed. (b) NegligenceNot to neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable.[footnoteRef:23] [23: Rule 18.03]

A lawyer is required to exercise ordinary diligence or that reasonable degree of care and skill having reference to the character of the business he undertakes to do, as any other member of the bar similarly situated commonly possesses and exercises. He is not, however, bound to exercise extraordinary diligence.

What amounts to carelessness or negligence in the lawyers discharge of his duty to client is incapable of exact formulation. That question depends upon the circumstances of the case.(c) Collaborating CounselA lawyer who works jointly with a lead counsel in handling a case in court.(d) Duty to Apprise ClientTo keep the client informed of the status of his case and shall respond within a reasonable time to the clients request for information.[footnoteRef:24] [24: Rule 18.04]

Keeping the client fully informed of important developments of his case will minimize occasions for misunderstanding or loss of trust and confidence in the attorney.(6) Representation with Seal Within Legal Bounds[footnoteRef:25] [25: Canon 19]

The lawyers duty of entire devotion to his clients cause not only requires but entitles him to employ every honorable means to secure for his client what is justly due him or to present every defense provided by law to enable his client to succeed.

(a) Use of fair and honest means

To employ only fair and honest means to attain the lawful objectives of his client and shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding.[footnoteRef:26] [26: Rule 19.01]

A lawyer should employ such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.[footnoteRef:27] Thus, he should not offer in evidence any document which he knows is false nor present any witness whom he knows will perjure. He should make such defense only as he believes to be honestly debatable under the law.[footnoteRef:28] [27: Rule 138, sec. 20 [d]] [28: Ibid., sec. 20 [c] In espousing his clients cause, a lawyer should not state his personal belief as to the soundness or justice of his case. A number of reasons underlie such ethical injunction: firstly, the lawyers personal belief has no real bearing on the case; secondly, it would give improper advantage to the older and better known lawyer whose opinion would carry more weight; finally, omission to make such assertion might be taken as an admission of the lack of belief in the soundness of his clients cause.]

(b) Clients fraud

Who has received information that his client has, in the course of the representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing which he shall terminate the relationship with such client in accordance with the Rules of Court.[footnoteRef:29] [29: Rule 19.02]

The code merely requires the lawyer to terminate his relationship with the client in the event the latter fails or refuses to rectify the fraud. He may not however volunteer the information concerning the clients commission of fraud to anybody, as it will violate his obligation to maintain his clients secrets undisclosed.

(c) Procedure in handling the case

Not to allow his client to dictate the procedure in handling the case.[footnoteRef:30] [30: Rule 19.03]

While it is the lawyers duty to comply with the clients lawful request, he should resist and should never follow any unlawful instruction of his client. In matters of law, it is the client who should yield to the lawyer and not the other way around.(7) Attorneys Fees[footnoteRef:31] [31: Canon 20]

The following guidelines shall be followed in determining the fairness and reasonableness of fees:

a. time spent and the extent of the services rendered or required;b. novelty and difficulty of the questions involved;c. importance of the subject matter;d. skill demanded;e. probability of losing other employment as a result of acceptance of the proffered case;f. customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs;g. amount involved in the controversy and the benefits resulting to the client from the service;h.contingency or certainty of compensation;i. character of the employment, whether occasional or established; andj. professional standing of the lawyer.[footnoteRef:32] [32: Rule 20.01]

(a) Acceptance FeesAmount charged by an attorneys from a client for taking on the legal obligation of handling a case in court so that a contract is concluded and the parties become legally bound thereby.(b) Contingency Fee ArrangementsIt is a contract for attorneys fees contingent upon the outcome of the litigation. It neither gives nor purports to give to the attorney an absolute right, personal or real, in the subject matter during the pendency of the litigation.(c) Attorneys LiensIt is a lien created by law in favor of a lawyer to insure payment of his professional fees and reimbursement of his lawful disbursements, not only upon the funds, documents and papers of his client which have lawfully come into his possession but also upon all judgments in favor of the client for the payment of money and executions issued in pursuance of such judgments rendered in the case wherein his services have been retained by the client.[footnoteRef:33] [33: see Rule 138 secs. 37 and 26, RRC]

Kinds of Attorneys lien:1. Retaining lien[footnoteRef:34] the right of an attorney to retain the funds, documents and papers of his client which have lawfully come to his possession until his lawful fees and disbursements have been paid and to apply such funds to the satisfaction thereof.[footnoteRef:35] [34: Requisites for validity: a. Existence of attorney client relationship; b. Possession by the lawyer of the clients funds, documents and papers must be lawful and in his professional capacity; c. There is an unsatisfied claim for attorneys fees or lawful disbursement. Retaining lien does not extend to funds, documents and papers of the clients principal, such as the estate represented by the client as administrator, except when the attorney is also retained as counsel for the estate against whom he has unpaid claim for attorneys fees. Neither does it extend to the subject matter of the action, which the court has adjudged in favor of the clients adversary nor to documents introduced as exhibits in court. Retaining lien attaches from the moment the attorney lawfully obtains and retains possession of the funds, documents and papers of the client until his client pay him his fees and disbursements. Until the client files a bond to secure and to guarantee the payment of the lawyers fees, the court may not compel the surrender of the documents and papers without gravely abusing its discretion or authority for the courts duty is to protect and not to destroy the attorneys retaining lien. It expires when possession of the documents or papers lawfully ends, as when the lawyer voluntarily parts with the funds, documents and papers of his client or when he offers them in evidence in court.] [35: Rule 138, sec. 37, RRC]

2. Charging lien[footnoteRef:36] the equitable right to have the fees and lawful disbursements due a lawyer for his services in a suit, secured to him out of the judgment for the payment of money and executions issued in pursuance thereof in the particular suit upon causing a statement of his claim to be entered upon the records of the court rendering such judgment, or issuing such execution, and shall have caused written notice thereof to be delivered to his client and to the adverse party.[footnoteRef:37] [36: Requisites: a. Existence of attorney client relationship; b. The attorney has rendered services; c. A money judgment favorable to the client has been secured in the action; d. The attorney has a claim for attorneys fees or advances; and e. A statement of his claim has been duly recorded with notice thereof served upon the client and the adverse party. Charging lien takes effect from and after the time the attorney has caused a notice of his lien to be duly entered in the record of the case. But recording to be valid should be effected while the court still has the records of the case and before satisfaction of judgment. However, the satisfaction of judgment in favor of the client in disregard of the attorneys duly recorded right and notice thereto has been properly given does not extinguish his charging lien, in the absence of a waiver of the right thereto either by his active conduct or by his passive omission. The court may vacate such satisfaction by issuing a writ of execution upon motion of the lawyer. The court retains jurisdiction over the case where a charging lien has been duly recorded until that lien is settled. The judgment debtor is a stranger to the contract for professional fees between the judgment creditor and his lawyer. Thus, he is entitled to notice before he may be held liable under the charging lien. The notice to the adverse party or judgment debtor also makes the charging lien binding upon him who, for disregarding it to the lawyers prejudice, may be held liable in favor of the lawyer for the full amount thereof. The charging lien may be enforced, upon proper motion, by execution. Charging lien also attaches to the proceeds of a compromise settlement. Lien does not attach to the following: a. property in litigation; b. sum of money which, according to the same judgment, must be applied to satisfy a legitimate debt of the client; c. property of the client in the hands of an officer of the court; d. when the clients action is dismissed upon motion of the adverse party; e. when the client loses the action as the lien may only be enforced against a judgment awarded in favor of the client, the proceeds thereof or executions thereon. A duly recorded lien enjoys preference of credit over that of a creditor who subsequently recorded it. Generally, a charging lien may be assigned without the preference character thereof being extinguished except when the assignment carries with it a breach of the attorneys duty to preserve his clients confidence inviolate. It survives the death of the client and need not be enforced in the proceeding for the settlement of the clients estate. It also gives the lawyer standing in the action to protest its discontinuance by the client, unless suitable measures for the protection of his right to professional fees are provided. Where the client contests the right of the lawyer to compensation or the amount thereof, the proper procedure is for the court to first resolve that question in a full dress trial before it should order the registration of the charging lien. At all events however, the exact amount of the attorneys fees should be determined before the lien can be enforced. On the other hand, if the client fails to contest the claim, he will be bound by the amount specified in the lien even though it may appear to be unjust.] [37: see Rule 138, sec. 26 and sec. 37]

(d) Fees and Controversies with ClientsA lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice or fraud.[footnoteRef:38] [38: Canon 20, Rule 20.04A lawyer should try to settle amicably any differences on the subject. A lawyer has 2 options. Judicial action to recover attorneys fees:a. In same case: Enforce attorneys fees by filing an appropriate motion or petition as an incident to the main action where he rendered legal services.b. In a separate civil action.]

(e) Concepts of Attorneys Fees(i) Ordinary ConceptThe reasonable compensation paid to a lawyer for the legal services he has rendered to client. Basis is employment by client.(ii) Extra-Ordinary ConceptAn indemnity for damages ordered by court to be paid by losing party to the prevailing party in litigation; payable not to lawyer but to the client, unless otherwise agreed upon; also known as attorneys fee as damages. (8) Preservation of Clients Confidences[footnoteRef:39] [39: Canon 21]

The lawyers duty to maintain his clients confidence is perpetual. It outlasts his professional employment and continues even after the death of his client. He may not do either of two things after severance of the attorney client relationship: he may not do anything which might injuriously affect his former client nor may he at any time disclose or use against him any knowledge or information acquired by virtue of the professional relationship.

In this regard, the Code of Professional Responsibility provides for the following duties of a lawyer:

A lawyer shall not:

a. Reveal the confidences or secrets of his client.

b. Use information acquired in the course of employment to the disadvantage of his client, nor to his own advantage or that of a third person, unless the client with full knowledge of the circumstances consents thereto.

c. Give information from his files to an outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data processing, or any similar purpose without the written consent of his client.

d. Reveal that he has been consulted about a particular case except to avoid possible conflict of interest.

e. Shall avoid indiscreet conversation about a clients affairs even with members of his family.

(a) Prohibited disclosures and use

An attorney, cannot without the consent of his client, be examined as to any communication made to him by the client, or his advice given thereon in the course of, or with a view to, professional employment, nor can an attorneys secretary, stenographer or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity.[footnoteRef:40] [40: Rule 130, sec. 24 [b] The communication to the lawyer loses its privileged character when such communication falls into the hands of third persons.]

(b) Disclosure, when allowed

a. when authorized by the client after acquainting him of the consequences of the disclosure;b. when required by law;c. when necessary to collect his fees or to defend himself, his employees or associates or by judicial action.[footnoteRef:41] [41: Rule 138, sec. 26]

(9) Withdrawal of Services[footnoteRef:42] [42: Canon 22]

An attorney may retire at any time from any action or special proceeding, by the written consent of his client filed in court. He may also retire at any time from an action or special proceeding, without the consent of his client, should the court, on notice to the client and attorney, and on hearing, determine that he ought to be allowed to retire. Written notice of the change shall be given to the adverse party.

The foregoing provision is explained by the Supreme Court in the case of Angelita Orcino vs. Atty. Gaspar, September 24, 1997, in the following manner: A client has the right to discharge his attorney at any time with or without cause or even against his consent. A lawyer, however lacks the unqualified right to withdraw once he has taken his clients cause. He has impliedly stipulated that he will prosecute the case to the conclusion. He may not ask that he should be relieved from his professional responsibility on mere trivial grounds. A lawyer may retire at any time from any action or special proceeding with the written consent of his client filed in court and copy thereof served upon the adverse party. Should the client refuse to give his consent, the lawyer must file an application with the court. The court, on notice to the client and adverse party, shall determine whether he ought to be allowed to retire. The application for withdrawal must be based on a good cause.

Under the Code of Professional Responsibility, the following are instances when a lawyer may withdraw his services:

i. when the client pursues an illegal or immoral course of conduct in connection with the matter he is handling;

ii. when the client insists that the lawyer pursue conduct violative of these canons and rules;

iii. when his inability to work with co accused will not promote the best interest of the client;

iv. when the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively;

v. when the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement;

vi. when the lawyer is elected or appointed to public office; and

vii. other similar cases.[footnoteRef:43] [43: Rule 22.01]

3. Suspension, Disbarment and Discipline of Lawyers[footnoteRef:44] [44: A motion to withdraw appearance on the ground that "there no longer exist[ed] the . . . confidence" between the lawyer and his client and that there had been "serious differences between them relating to the manner of private prosecution" is not based upon good cause. The ground relied upon is neither one of the foregoing instances nor analogous thereto. (Orcino vs. Atty. Gaspar, September 24, 1997) Rule 139 B, RRC]

a. Nature and Characteristics of Disciplinary Actions Against Lawyers(1) Sui GenerisIt is a class of its own since it is neither civil nor criminal.Disciplinary proceedings against lawyers are sui generis: neither purely civil nor purely criminal. It is notand does not involvea trial of an action or a suit, but is rather an investigation by the Court in the conduct of its officers. Not being intended to inflict punishment, it is no sense a criminal prosecution. Accordingly, there is neither a plaintiff nor a prosecutor .xxx Public interest is its primary objective, and the real question for determination is whether or not the attorney is still a fit person to be allowed the privileges as such. [footnoteRef:45] [45: In Re:Almacen]

(2) PrescriptionImprescriptibleb. Grounds1. deceit;[footnoteRef:46] [46: assumes so many different hues and forms that it is not possible to lay down a rule to determine its presence in any given case. Deceit may consist in a misrepresentation or in the positive assertion of a falsehood, or in the creation of a false impression by words or acts, or in any trick or device.As a general rule, in order to constitute deceit, there must be a false representation as to a matter of fact.]

1. malpractice, or other gross misconduct in office;[footnoteRef:47] [47: refers to any malfeasance or dereliction of duty committed by a lawyer (Tan Tek Beng vs. David, 126 SCRA 389).Instances of malpractice and gross misconduct: 1.Failure of a lawyer to appeal in allowing the period of appeal to lapse; 2. Failure of a lawyer to submit his clients brief within the reglementary period; 3.Preparation by a notary public of a false affidavit; 4. Solicitation of cases either directly or indirectly through paid agents or brokers; 5.Abandonment of a clients case; 6.Delay in the filing of a clients case; 7. Notarizing a document without the affiants presence; 8. Notary public, who makes it appear in the jurat of a contract that an affiant exhibited to him his residence certificate when in fact he did not do so; 9. Compromising a clients case without authority; 10.Notarizing documents after the lawyers commission as notary public had expired; 11.Representing conflicting interests; 12. Encroaching upon the business of another lawyer; 13. Advertisement of a lawyers skill in a newspaper or publication; 14.Cooperating in illegal practice of law such as formation of a partnership with a layman; 15. Notarizing ones own affidavit; 16.Refusal to pay IBP dues; 17.Practicing law despite the lawyers suspension even if he refrained from using the word attorney; 18. Unwarranted obstinacy in evading payment of debt.]

1. grossly immoral conduct;[footnoteRef:48] [48: That conduct which is willful, flagrant, or shameless, and which shows a moral indifference to the opinion of the good and respectable members of the community [7 CJS 959; Arciga vs Maniwang, 106 SCRA 594].]

1. conviction of a crime involving moral turpitude;[footnoteRef:49] [49: The term moral turpitude means anything which is done contrary to justice, honesty, modesty, or good morals, or to any act of vileness, baseness or depravity in the private and social duties that a man owes his fellowmen or to society, contrary to the accepted rule of right and duty between man and man. In general, all crimes of which fraud or deceit is an element or those which are inherently contrary to rules of right conduct, honesty or morality in a civilized community, involve moral turpitude. Instances of offenses involving moral turpitude: 1.estafa or swindling 2. falsification of public document 3.bribery 4. murder 5.bigamy 6. abduction 7.seduction 8.concubinage 9. violation of BP 22 In a disciplinary proceeding against a lawyer based on his conviction of a crime involving moral turpitude, the sufficiency or legality of the conviction is no longer at issue even if the lawyer asserts that the judgment is a judicial error. The judgment of conviction is no longer renewable, that being after its finality a closed matter. The only issue before the court is whether or not the crime of which he was found guilty actually involves moral turpitude. Suspension from practice or removal from office may follow as a matter of course upon a finding that the crime of which the lawyer was found guilty by final judgment involves moral turpitude. For by his conviction, the lawyer himself has shown that he is unfit to protect the administration of justice or that he is no longer of good moral character, either of which justifies his suspension or disbarment.]

1. violation of oath of office;[footnoteRef:50] [50: The Attorneys oath is a condensed Code of Ethics. It is not just a mere formality recited for a few minutes in the glare of flashing cameras and before the presence of select witnesses (In Re: Arthur Cuevas, Jr., 285 SCRA 63). It is a rather solemn affirmation of the lawyers lifetime commitment to be a loyal citizen, a law- abiding person, a defender of truth and justice, and advocate of the rule of law, an exemplar of loyalty and fidelity to the courts and to clients and a model to emulate both in his professional and private life. The violation of Oath is a ground for suspension or disbarment [Rule 138, section 27, RRC].]

1. willful disobedience of any lawful order of a superior court;[footnoteRef:51] [51: The resistance or defiance to the Court must be willful.Thus, a lawyer who is directed to do something , such as to surrender records, to appear as counsel de officio, to comment on a matter pending in Court, may be disciplined for willful disobedience of the order (Marcelo vs. CA, March 15, 1995).]

1. Corrupt or willful appearance as an attorney for a party to a case without authority to do so[footnoteRef:52] [52: Section 27, Rule 138, RRC Enumerated grounds are not exclusive. It is prohibited for a lawyer to appear for a person in court without being hired or employed, unless, there is leave of court first obtained. Thus, a lawyer was suspended from the practice of law in appearing for a party defendant without authority (see Porac Trucking Corporation vs. CA, 202 SCRA 647). ]

Any gross misconduct of a lawyer, whether in his professional or private capacity which puts his moral character in serious doubt as a member of the bar, will render him unfit to continue in the practice of c. Proceedings[footnoteRef:53] [53: Rule 139-B Procedure in Disbarment and Other Disciplinary Proceedings: 1.Complaint, in writing and duly sworn to, is filed with the Supreme Court (sec.1) 2.If found meritorious, a copy thereof shall be served on the respondent and he shall be required to comment within 10 days of service (sec. 6) 3.Upon filing of respondents comments or expiration of the period for filing comment, the Supreme Court either refers to matter to the Office of the Court Administrator (OCA) for evaluation, report, and recommendation, or assigns a Justice of the Court of Appeals (if respondent is an RTC judge) or a judge of the RTC (if respondent is a judge of an inferior court) to investigate and hear the charges (sec.7) 4.After hearings, the investigating justice or judge submits a report of findings of fact, conclusions of law and recommendations to the Supreme Court (sec.8) 5.The Supreme Court takes action as the facts and the law may warrant (sec. 9) Proceedings shall be private and confidential but a copy of the decision or resolution of the Court shall be attached to the record of the judge in the Office of the Court Administrator. (sec. 11)Who can file a disbarment case against a lawyer? Any person aggrieved by the misconduct of a lawyer may file the corresponding administrative case with the proper forum. Or, any person even if not aggrieved but who knows of the lawyers misconduct, unlawful or unethical act may initiate the proceedings. A disbarment case involves no private interests. The Supreme Court or the IBP may motu proprio initiate proceedings when they perceive acts of lawyers which deserve sanctions or when their attention is called by any one and a probable cause exists that an act has been penetrated by a lawyer which requires disciplinary sanctions. Confidentiality of Disbarment or Suspension Proceedings: To avoid the unnecessary ruin of a lawyers name, disciplinary proceedings are directed to be confidential (or closed door) until their final determination.]

Proceedings for disbarment, suspension and discipline of attorneys may be taken by the Supreme Court motu proprio or by the IBP upon the verified complaint of any person

IBP Board of Governors may motu proprio or upon referral by the SC or by a Chapter Board of Officers or at the instance of any person, initiate and prosecute proper charges against erring attorneys including those in government.

The complaint shall estate clearly and concisely the facts complained of and shall be supported by affidavits of persons having personal knowledge of the facts therein alleged and/or by such documents as may substantiate such facts.

Six copies of the verified complaint shall be filed with the Secretary of IBP or Secretary of any of its Chapters who shall forthwith commit the same to the IBP Board of Governors for assignment to an investigator.

d. Discipline of Filipino Lawyers Practice in Foreign JurisdictionsA member of the Philippine Bar may also be admitted to the practice of law in a foreign country especially in the United States.

If the Filipino lawyer is disbarred or suspended from the practice of law by a competent court or disciplinatory agency in a foreign jurisdiction where he has been admitted as an attorney, and the ground therefore includes any of the acts enumerated in section 27, Rule 138 of the Revised Rules of Court, such disbarment or suspension is a ground for his disbarment or suspension in the Philippines.

The judgment, resolution or order of the foreign court or disciplinary agency shall be prima facie evidence of the ground for disbarment or suspension.[footnoteRef:54] [54: Supreme Court Resolution dated 21 February 1992 amending section 27, Rule 138 of the Revised Rules of Court. ]

Proceedings for the disbarment, suspension and discipline of lawyers may be taken motu proprio by the Supreme Court, or by the Integrated Bar of the Philippines.[footnoteRef:55] [55: Rule 139 B, sec. 1]

4. Readmission to the BarIn jurisdictions where disbarment is not permanent, procedures should be established to allow a disbarred lawyer to apply for readmission. Procedures should be established to allow a suspended lawyer to apply for reinstatement.[footnoteRef:56] [56: Integrated Bar of the Philippines, Commission on Bar Discipline, Guidelines for imposing Lawyer Sanctions]

a. Lawyers Who Have Been SuspendedSuspension is the removal of a lawyer from the practice of law for a specified minimum period of time. Generally, suspension should be for a period of time equal to or greater than six months, but in no event should the time period prior to application for reinstatement be more than three years. Procedures should be established to allow a suspended lawyer to apply for reinstatement, but a lawyer who has been suspended should not be permitted to return to practice until he has completed a reinstatement process demonstrating rehabilitation, compliance with all applicable discipline or disability orders and rules, and fitness to practice law.[footnoteRef:57] [57: Ibid.]

b. Lawyers Who Have Been DisbarredDisbarment terminates the individuals status as a lawyer. Where disbarment is not permanent, procedures should be established for a lawyer who has been disbarred to apply for readmission, provided that:(1) no application should be considered for five (5) years from the effective date of disbarment; and

(2) the petitioner must show by clear and convincing evidence:

(a) successful completion of the bar examination;(b) compliance with all applicable discipline or disability orders or rules; and(c) rehabilitation and fitness to practice law.[footnoteRef:58] [58: Ibid.]

c. Lawyers Who Have Been RepatriatedThe loss of Philippine citizenship ipso jure terminates the privilege to practice law in the Philippines. However, pursuant to R.A. No. 9225 of the Citizenship Retention and Reacquisition Act of 2003, Filipino lawyer who becomes a citizen of another country is deemed never to have lost his Philippine citizenship if he reacquires it in accordance with R.A. No. 9225. nevertheless, his right to practice law does not automatically accrue. He must first secure authority from the Supreme Court upon compliance with the following conditions:1. The updating and payment in full of annual membership dues in the IBP; 2. Payment of professional tax;3. Completion of at least 36 credit hours of mandatory continuing legal educations; and 4. Retaking of the lawyers oath

5. Mandatory Continuing Legal Education[footnoteRef:59] [59: Bar Matter No. 850, October 2, 2001]

a. PurposeTo ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law.[footnoteRef:60] [60: Rule 1, Sec. 1]

b. RequirementsMembers of the IBP, unless exempted under Rule 7, shall complete every three (3) years at least thirty-six (36) hours of continuing legal education activities. The 36 hours shall be divided as follows:

0. 6 hours legal Ethics0. 4 hours trial and pretrial skills0. 5 hours alternative dispute resolution0. 9 hours updates on substantive and procedural laws and jurisprudence0. 4 hours legal writing and oral advocacy0. 2 hours international law and international conventions0. 6 hours such other subjects as may be prescribed by the Committee on MCLE[footnoteRef:61] [61: Rule 2, Sec. 2 ]

c. ComplianceEach member shall secure from the MCLE Committee a Compliance Card before the end of his compliance period. He shall complete the card by attesting under oath that he has complied with the education requirement or that he is exempt, specifying the nature of the exemption. Such Compliance Card must be returned to the Committee not later than the day after the end of the member's compliance period.[footnoteRef:62] [62: Rule 11, Sec. 1]

Each member shall maintain sufficient record of compliance or exemption, copy furnished the MCLE Committee. The record required to be provided to the members by the provider pursuant to Section 3 of Rule 9 should be a sufficient record of attendance at a participatory activity. A record of non-participatory activity shall also be maintained by the member, as referred to in Section 3 of Rule 5.[footnoteRef:63] [63: Id., Sec. 2]

d. ExemptionsParties Exempted from the MCLE:

1. The President, Vice-President, and the Secretaries and Undersecretaries of executive departments;

1. Senators and Members of the House of Representatives;

1. The Chief Justice and Associate Justices of the SC, incumbent and retired justices of the judiciary, incumbent members of the Judicial and Bar Council and incumbent court lawyers covered by the Philippine Judicial Academy Program of continuing legal education;

1. The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of Justice;1. The Solicitor-General and the Assistant Solicitor-General;

1. The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel;

1. The Chairman and Members of the Constitutional Commissions;

1. The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman and the Special Prosecutor of the Office of the Ombudsman;

1. Heads of government agencies exercising quasi-judicial functions;

1. Incumbent deans, bar reviewers and professors of law who have teaching experience for at least 10 years in accredited law schools;

1. The Chancellor, Vice-Chancellor and members of the Corps of Professional Lecturers of the Philippine Judicial Academy; and

1. Governors and Mayors[footnoteRef:64] [64: Rule 7, Sec. 1]

Other Exempted Parties:

1. Those who are not in law practice, private or public

1. Those who have retired from law practice with the approval of the IBP Board of Governors[footnoteRef:65] [65: Id., Sec. 2]

e. SanctionsA member who, for whatever reason, is in non-compliance at the end of the compliance period shall pay a non-compliance fee.[footnoteRef:66] [66: Rule 13, Sec. 1]

A member who fails to comply with the requirements after the sixty (60) day period for compliance has expired, shall be listed as a delinquent member of the IBP upon the recommendation of the MCLE Committee. The investigation of a member for non-compliance shall be conducted by the IBP's Commission on Bar Discipline as a fact-finding arm of the MCLE Committee.[footnoteRef:67] [67: Id., Sec. 2]

Membership fees shall continue to accrue at the active rate against a member during the period he/she is listed as a delinquent member.[footnoteRef:68] [68: Id., Sec. 3]

f. Bar Matter 2012, Rule on Mandatory Legal Aid Service[footnoteRef:69] [69: see Reference]

6. Notarial Practice[footnoteRef:70] [70: A.M. No. 02-8-13-SC: Rules on Notarial Practice of 2004]

a. Qualifications of Notary Public[footnoteRef:71] [71: Notary Public - a person appointed by the court whose duty is to attest to the genuineness of any deed or writing in order to render them available as evidence of facts stated therein and who is authorized by the statute to administer various oaths.]

1. Must be citizen of the Philippines1. Must be over twenty-one (21) years of age1. Must be a resident in the Philippines for at least one (1) year and maintains a regular place of work or business in the city or province where the commission is to be issued1. Must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines 1. Must not have been convicted in the first instance of any crime involving moral turpitude[footnoteRef:72] [72: Rule III, Sec. 1]

b. Term of Office of Notary PublicFor a period of two (2) years commencing on the 1st day of January of the year in which the commissioning is made unless earlier revoked or the notary public has resigned according to these Rules and the Rules of Court.[footnoteRef:73] [73: Id., Sec. 11]

c. Powers and Limitations Powers

A notary public is empowered to do the following acts:

1. Acknowledgments;1. Oaths and affirmations;1. Jurats;1. Signature witnessings;1. Copy certifications; and1. Any other act authorized by these Rules.

A notary public is authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented for notarization if:

1. The thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested and unaffected witnesses to the instrument or document;1. Both witnesses sign their own names in addition to the thumb or other mark;1. The notary public writes below the thumb or other mark: Thumb or Other Mark affixed by (name of signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary public, and1. The notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat or signature witnessing.

A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument or document if:

1. The notary public is directed by the person unable to sign or make a mark to sign on his behalf;1. The signature of the notary public is affixed in the presence of two (2) disinterested and unaffected witnesses to the instrument or document;1. Both witnesses sign their own names;1. The notary public writes below his signature: Signature affixed by notary in the presence of (names and addresses of person and two (2) witnesses), and1. The notary public notarizes his signature by acknowledgment or jurat[footnoteRef:74] [74: Rule IV, Section 1]

Prohibitions:

General Rule: A notary public shall not perform a notarial act outside his regular place of work or business.

Exceptions: A notarial act may be performed at the request of the parties in the following sites located within his territorial jurisdiction:

1. Public offices, convention halls and similar places where oaths of office may be administered;

1. Public function areas in hotels and similar places for the signing of instruments or documents requiring notarization;

1. Hospitals and medical institutions where a party to the instrument or document is confined for treatment; and

1. Any place where a party to the instrument or document requiring notarization is under detention.

A person shall not perform a notarial act if:

1. the person involved as signatory to the instrument or document-

1. Is not in the notarys presence at the time of the notarization; and

1. Is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these Rules[footnoteRef:75] [75: Rule IV, Sec. 2]

2.the certificate containing an information known or believed to be false; and

3.he shall not affix an official signature or seal on a notarial certificate that is incomplete.[footnoteRef:76] [76: Id., Sec. 5]

d. Notarial RegisterContents of the Concluding part of the Notarial Certificate:

1. The name of the notary public as exactly indicated in the commission;

1. The serial number of the commission of the notary public;

1. The words Notary Public and the province or city where the notary public is commissioned, the expiration date of the commission and the office address of the notary public; and

1. The Roll of Attorneys number, the Professional Tax Receipt number and the place and date of issuance thereof and the IBP Membership number

e. Jurisdiction of Notary Public and Place of NotarizationA notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court.f. Revocation of CommissionThe Executive Judge shall revoke a commission for any ground on which an application for a commission may be denied.

In addition, the Executive Judge may revoke the commission of or impose sanctions upon any notary public who:

1. Fails to keep a notarial register;

1. Fails to make the appropriate entry or entries in his notarial register concerning his notarial acts;

1. Fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the month following;

1. Fails to affix to acknowledgments the date of expiration of his commission;

1. Fails to submit his notarial register, when filled, to the Executive Judge;

1. Fails to make his report, within a reasonable time, to the Executive Judge concerning the performance of his duties, as may be required by the Judge;

1. Fails to require the presence of the principal at the time of the notarial act;

1. Fails to identify a principal on the basis of personal knowledge or competent evidence;

1. Executes a false or incomplete certificate under Section 5, Rule IV;

1. Knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and

1. Commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause for the revocation of the commission or imposition of administrative sanction.[footnoteRef:77] [77: Rule XI, Sec. 1]

g. Competent Evidence of Identity1. The identification of an individual based on: a. at least one current identification document issued by an official agency bearing the photograph and signature of the individual, such as but not limited to, passport, drivers license, Professional Regulations Commission ID, National Bureau of Investigation clearance, police clearance, postal ID, voters ID, Barangay certification, Government Service and Insurance System (GSIS) e-card, Social Security System (SSS) card, Phil health card, senior citizen card, Overseas Workers Welfare Administration (OWWA) ID, OFW ID, seamans book, alien certificate of registration/immigrant certificate of registration, government office ID, certification from the National Council for the Welfare of Disable Persons (NCWDP),Department of Social Welfare and Development(DSWD) certification;[footnoteRef:78] or [78: as amended by A.M. No. 02-8-13-SC-Re: 2004 Rules on Notarial Practice]

2. The oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification.h. Sanctions(a) The Executive Judge shall revoke a notarial commission for any ground on which an application for a commission may be denied.

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

(1) fails to keep a notarial register;

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

(3) fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the month following;(4) fails to affix to acknowledgments the date of expiration of his commission;

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

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

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

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

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

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

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

(c) Upon verified complaint by an interested, affected or aggrieved person, the notary public shall be required to file a verified answer to the complaint.If the answer of the notary public is not satisfactory, the Executive Judge shall conduct a summary hearing. If the allegations of the complaint are not proven, the complaint shall be dismissed. If the charges are duly established, the Executive Judge shall impose the appropriate administrative sanctions. In either case, the aggrieved party may appeal the decision to the Supreme Court for review. Pending the appeal, an order imposing disciplinary sanctions shall be immediately executory, unless otherwise ordered by the Supreme Court.(d) The Executive Judge may motu proprio initiate administrative proceedings against a notary public, subject to the procedures prescribed in paragraph (c) above and impose the appropriate administrative sanctions on the grounds mentioned in the preceding paragraphs (a) and (b).[footnoteRef:79] [79: Rule XI, Sec. 1]

8. Canons of Professional Ethics[footnoteRef:80] [80: see Reference]

B. JUDICIAL ETHICS1. Sourcesa. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft)[footnoteRef:81] [81: Ibid.]

The New Code of Judicial Conduct for the Philippine Judiciary is based on the 2002 Bangalore Draft, as amended, which was intended to be the Universal Declaration of Judicial Standards applicable in all judiciaries. Promulgated on April 27, 2004, it consists of six (6) canons, each concerning a virtue desirable in the judiciary: independence, integrity, impartiality, propriety, equality, and competence and diligence. Each canon has several sections that further discuss the virtue it embodies. The last part of the New Code contains a definition of terms and further states that the New Code supersedes the Canons of Judicial Ethics and the Code of Judicial Conduct. However, the latter may still apply in a suppletory character in case of deficiency or absence of provisions in the New Code.b. Code of Judicial Conduct[footnoteRef:82] [82: ibid]

2. Qualitiesa. Independence[footnoteRef:83] [83: Canon 1, New Code of Judicial Conduct for the Philippine Judiciary]

Judicial independence is a pre-requisite to the rule of law and a fundamental guarantee of a fair trial. A judge shall therefore uphold and exemplify judicial independence in both its individual and institutional aspects.Judges shall exercise the judicial function independently on the basis of their assessment of the facts and in accordance with a conscientious understanding of the law, free of any extraneous influence, inducement, pressure, threat or interference, direct or indirect, from any quarter or for any reason.In performing judicial duties, judges shall be independent from judicial colleagues in respect of decisions which the judge is obliged to make independently.Judges shall refrain from influencing in any manner the outcome of litigation or dispute pending before another court or administrative agency.Judges shall not allow family, social, or other relationships to influence judicial conduct or judgment. The prestige of judicial office shall not be used or lent to advance the private interests of others, nor convey or permit others to convey the impression that they are in a special position to influence the judge.Judges shall not only be free from inappropriate connections with, and influence by, the executive and legislative branches of government, but must also appear to be free therefrom to a reasonable observer.Judges shall be independent in relation to society in general and in relation to the particular parties to a dispute which he or she has to adjudicate.Judges shall encourage and uphold safeguards for the discharge of judicial duties in order to maintain and enhance the institutional and operational independence of the judiciary.Judges shall exhibit and promote high standards of judicial conduct in order to reinforce public confidence in the judiciary, which is fundamental to the maintenance of judicial independence.[footnoteRef:84] [84: Secs. 1-8]

b. Integrity[footnoteRef:85] [85: Canon 2]

Integrity is essential not only to the proper discharge of the judicial office but also to the personal demeanor of judges.Judges shall ensure that not only is their conduct above reproach, but that it is perceived to be so in the view of a reasonable observer.The behavior and conduct of judges must reaffirm the peoples faith in the integrity of the judiciary. Justice must not merely be done but must also be seen to be done.Judges should take or initiate appropriate disciplinary measures against lawyers or court personnel for unprofessional conduct of which the judge may have become aware.[footnoteRef:86] [86: Secs. 1-3]

c. Impartiality[footnoteRef:87] [87: Canon 3]

Impartiality is essential to the proper discharge of the judicial office. It applies not only to the decision itself but also to the process by which the decision is made.Judges shall perform their judicial duties without favor, bias or prejudice.Judges shall ensure that his or her conduct, both in and out of court, maintains and enhances the confidence of the public, the legal profession and litigants in the impartiality of the judge and of the judiciary.Judges shall, so far as is reasonable, so conduct themselves as to minimize the occasions on which it will be necessary for them to be disqualified from hearing or deciding cases.Judges shall not knowingly, while a proceeding is before or could come before them, make any comment that might reasonably be expected to affect the outcome of such proceeding or impair the manifest fairness of the process. Nor shall judges make any comment in public or otherwise that might affect the fair trial of any person or issue.Judges shall disqualify themselves from participating in any proceedings in which they are unable to decide the matter impartially or in which it may appear to a reasonable observer that they are unable to decide the matter impartially. Such proceedings include, but are not limited to, instances where(a) The judge has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts concerning the proceedings; (b) The judge previously served as a lawyer or was a material witness in the matter in controversy; (c) The judge, or a member of his or her family, has an economic interest in the outcome of the matter in controversy; (d) The judge served as executor, administrator, guardian, trustee or lawyer in the case or matter in controversy, or a former associate of the judge served as counsel during their association, or the judge or lawyer was a material witness therein; (e) The judges ruling in a lower court is the subject of review;(f) The judge is related by consanguinity or affinity to a party litigant within the sixth civil degree or to counsel within the fourth civil degree; or (g) The judge knows that his or her spouse or child has a financial interest, as heir, legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceedings;A judge disqualified as stated above may, instead of withdrawing from the proceeding, disclose on the records the basis of disqualification. If, based on such disclosure, the parties and lawyers, independently of the judges participation, all agree in writing that the reason for the inhibition is immaterial or unsubstantial, the judge may then participate in the proceeding. The agreement, signed by all parties and lawyers, shall be incorporated in the record of the proceedings.[footnoteRef:88] [88: Secs. 1-6, id.]

e. Equality[footnoteRef:89] [89: Canon 5]

Ensuring equality of treatment to all before the courts is essential to the due performance of the judicial office.Judges shall be aware of, and understand, diversity in society and differences arising from various sources, including but not limited to race, color, sex, religion, national origin, caste, disability, age, marital status, sexual orientation, social and economic status and other like causes.Judges shall not, in the performance of judicial duties, by words or conduct, manifest bias or prejudice towards any person or group on irrelevant grounds.Judges shall carry out judicial duties with appropriate consideration for all persons, such as the parties, witnesses, lawyers, court staff and judicial colleagues, without differentiation on any irrelevant ground, immaterial to the proper performance of such duties.Judges shall not knowingly permit court staff or others subject to his or her influence, direction or control to differentiate between persons concerned, in a matter before the judge, on any irrelevant ground.Judges shall require lawyers in proceedings before the court to refrain from manifesting, by words or conduct, bias or prejudice based on irrelevant grounds, except such as are legally relevant to an issue in proceedings and may be the subject of legitimate advocacy.[footnoteRef:90] [90: .Secs. 1-5]

f. Competence and Diligence[footnoteRef:91] [91: Canon 6]

Competence and diligence are prerequisites to the due performance of judicial office.The judicial duties of a judge take precedence over all other activities. Judges shall devote their professional activity to judicial duties, which include not only the performance of judicial functions and responsibilities in court and the making of decisions, but also other tasks relevant to the judicial office or the courts operations.Judges shall take reasonable steps to maintain and enhance their knowledge, skills and personal qualities necessary for the proper performance of judicial duties, taking advantage for this purpose of the training and other facilities which should be made available, under judicial control, to judges.Judges shall keep themselves informed about relevant developments of international law, including international conventions and other instruments establishing human rights norms. Judges shall perform all judicial duties, including the delivery of reserved decisions, efficiently, fairly and with reasonable promptness.Judges shall maintain order and decorum in all proceedings before the court and be patient, dignified and courteous in relation to litigants, witnesses, lawyers and others with whom the judge deals in an official capacity. Judges shall require similar conduct of legal representatives, court staff and others subject to their influence, direction or control.Judges shall not engage in conduct incompatible with the diligent discharge of judicial duties.[footnoteRef:92] [92: Secs. 1-7]

3. Discipline of Members of the Judiciarya. Members of the Supreme Court(1) ImpeachmentThere is no specific law or rule which provides for a system of disciplining an erring Member of the Supreme Court by the Court itself acting en banc. The Justices of the Supreme Court are among the declared impeachable officers under the Constitution. Thus, they can only be removed by impeachment unlike judges of the lower courts who can be removed under Rule 140 of the Rules of Court. As impeachable officers, the Justices of the Supreme Court may only be removed in accordance with the constitutional mandates on impeachment.(2) Ethical Lessons from Former Chief Justice Coronas ImpeachmentThe decision all sets a new precedent timely and much needed that all public officials can be held accountable for each action and inaction they take The unconditional waiver left by Mr. Corona is timely reminder A symbol to all public officials Public servants from top to bottom that they are accountable. It is also a reminder to the Aquino Government and its succesors that such fight against corruption must be fought at all levels and on all sides irregardless of political affiliation. As such almost any offense is greater than mistakenly filling up the SALN. Going against any law of the land. Any law.[footnoteRef:93] [93: Impeachment: The Judgement, the Corona Waiver: Lessons Learned/ baratillo.net]

The bigger lesson in the impeachment of CJ Corona is the sense of privilege of public officials, especially the very powerful, who think they are impervious to rules. Corona admitted he has four dollar accounts but did not declare them in his Statements of Assets, Liabilities and Networth (SALN) because dollar accounts are covered by bank confidentiality laws. That is stretching the law too far. The confidentiality laws on dollar deposits are designed to protect foreign investors from needless hassles, not as an excuse for government officials to conceal information from the public.[footnoteRef:94] [94: Bigger lesson in-coronas trial/newsinfo.inquirer.net]

b. Lower court judges and justices of the Court of Appeals and Sandiganbayan[footnoteRef:95] [95: Rule 140, see Reference Judges and magistrates of the lower courts may be subjected to disbarment proceedings. If they are found guilty and are suspended from the practice of law or are disbarred as members of the bar, they are also suspended or dismissed as judges. The reason for this is that membership in the bar is an indispensable qualification for the position of judgeship, thus the suspension or loss thereof during the judges term of office, justifies his automatic suspension or dismissal therefrom.]

c. Grounds[footnoteRef:96] [96: Sec. 8, ibid.]

d. Impeachment (ethical aspects)e. Sanctions Imposed by the Supreme Court on Erring Members of the Judiciary[footnoteRef:97] [97: Sec. 11, ibid.]

4. Disqualification of Justices and Judges[footnoteRef:98] [98: Rule 137]

a. Compulsory

No judge or judicial officer shall sit in any case in which he, or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise, or in which he is related to either party within the sixth degree of consanguinity or affinity, or to counsel within the fourth degree, computed according to the rules of the civil law, or in which he has been executor, administrator, guardian, trustee or counsel, or in which he has presided in any inferior court when his ruling or decision is the subject of review, without the written consent of all parties in interest, signed by them and entered upon the record.[footnoteRef:99] [99: Sec. 1, par. 1, id.]

b. Voluntary

A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid reasons other than those mentioned above.[footnoteRef:100] [100: Id., 2nd par.]

5. Powers and Duties of Courts and Judicial Officers[footnoteRef:101] [101: Rule 135]

6. Court Records and General Duties of Clerks and Stenographer[footnoteRef:102] [102: Rule 136]

7. Legal Fees[footnoteRef:103] [103: Rule 141]

a. Manner of payment

Upon the filing of the pleading or other application which initiates an action or proceeding, the fees prescribed therefor shall be paid in full.[footnote