Professional Documents
Culture Documents
Legal Ethics Cases
Legal Ethics Cases
1 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
for and in his behalf as a party litigant in prior that purpose, or with the aid of an attorney.
cases; respondent’s imputations of In any other court, a party may conduct his
complainant’s misrepresentation as a lawyer litigation personally or by aid of an attorney,
was patently with malice to discredit his and his appearance must be either personal
honor, with the intention to threaten him not or by a duly authorized member of the bar.
to appear anymore in cases respondent was
handling; the manner, substance, tone of 3. The practice of law, though impossible to
voice and how the words “appear ka ng define exactly, involves the exercise of a
appear, pumasa ka muna!” were uttered were profession or vocation usually for gain,
totally with the intention to annoy, vex and mainly as attorney by acting in a
humiliate, malign, ridicule, incriminate and representative capacity and as counsel by
discredit complainant before the public. rendering legal advise to others. Private
practice has been defined by this Court as
Issue: Whether or not respondent violated follows:
Rule 8.01 of the Code of Professional x x x. Practice is more than an isolated
Responsibility appearance, for it consists in frequent or
customary action, a succession of acts of the
Whether or not complainant is not precluded same kind. In other words, it is frequent
from litigating personally his cases habitual exercise. Practice of law to fall within
the prohibition of statute [referring to the
Whether or not complainant is engaged in prohibition for judges and other officials or
the practice of law employees of the superior courts or of the
Office of the Solicitor General from engaging
Ruling: 1. We hold that respondent’s in private practice] has been interpreted as
outburst of “appear ka ng appear, pumasa ka customarily or habitually holding one’s self
muna” does not amount to a violation of Rule out to the public, as a lawyer and demanding
8.01 of the Code of Professional payment for such services. x x x.
Responsibility. Such single outburst, though
uncalled for, is not of such magnitude as to Clearly, in appearing for herself, complainant
warrant respondent’s suspension or reproof. was not customarily or habitually holding
It is but a product of impulsiveness or the herself out to the public as a lawyer. Neither
heat of the moment in the course of an was she demanding payment for such
argument between them. It has been said services. Hence, she cannot be said to be in
that lawyers should not be held to too strict the practice of law.
an account for words said in the heat of the
moment, because of chagrin at losing cases, On the other hand, all lawyers should take
and that the big way is for the court to heed that lawyers are licensed officers of the
condone even contemptuous language. courts who are empowered to appear,
prosecute and defend; and upon whom
2. Nonetheless, we remind respondent that peculiar duties, responsibilities and liabilities
complainant is not precluded from litigating are devolved by law as a consequence.
personally his cases. A party’s right to Membership in the bar imposes upon them
conduct litigation personally is recognized by certain obligations. Mandated to maintain
Section 34 of Rule 138 of the Rules of Court: the dignity of the legal profession, they must
SEC. 34. By whom litigation conducted. — In conduct themselves honorably and fairly.
the court of a justice of the peace a party may Though a lawyer’s language may be forceful
conduct his litigation in person, with the aid and emphatic, it should always be dignified
of an agent or friend appointed by him for and respectful, befitting the dignity of the
2 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
3 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
protection of the laws were violated as the regulatory power but an exercise of an
licenses previously given to them was in assumed power to prohibit.
effect withdrawn without judicial hearing.
1. The Constitution mandates: "Every bill
2. RA 938, as amended, was originally shall embrace only one subject which shall be
enacted on June 20, 1953. It is entitled: "An expressed in the title thereof. "Since there is
Act Granting Municipal or City Boards and no dispute as the title limits the power to
Councils the Power to Regulate the regulating, not prohibiting, it would result in
Establishments, Maintenance and Operation the statute being invalid if, as was done by
of Certain Places of Amusement within Their the Municipality of Bocaue, the operation of
Respective Territorial Jurisdictions.' a night club was prohibited. There is a wide
gap between the exercise of a regulatory
The first section reads, "The municipal or city power "to provide for the health and safety,
board or council of each chartered city shall promote the prosperity, and improve the
have the power to regulate by ordinance the morals, in the language of the Administrative
establishment, maintenance and operation Code, such competence extending to all "the
of night clubs, cabarets, dancing schools, great public needs.
pavilions, cockpits, bars, saloons, bowling
alleys, billiard pools, and other similar places 2. In accordance with the well-settled
of amusement within its territorial principle of constitutional construction that
jurisdiction: between two possible interpretations by one
On May 21, 1954, the first section was of which it will be free from constitutional
amended to include not merely "the power infirmity and by the other tainted by such
to regulate, but likewise "Prohibit ... " The grave defect, the former is to be preferred. A
title, however, remained the same. It is construction that would save rather than one
worded exactly as RA 938. that would affix the seal of doom certainly
commends itself.
3. As thus amended, if only the said portion
of the Act was considered, a municipal 3. Under the Local Govt Code, it is clear that
council may go as far as to prohibit the municipal corporations cannot prohibit the
operation of night clubs. The title was not in operation of night clubs. They may be
any way altered. It was not changed one bit. regulated, but not prevented from carrying
The exact wording was followed. The power on their business. It would be, therefore, an
granted remains that of regulation, not exercise in futility if the decision under review
prohibition. were sustained. All that petitioners would
have to do is to apply once more for licenses
4. Petitioners contended that RA 938 which to operate night clubs. A refusal to grant
prohibits the operation of night clubs would licenses, because no such businesses could
give rise to a constitutional question. The legally open, would be subject to judicial
lower court upheld the constitutionality and correction. That is to comply with the
validity of Ordinance No. 84 and dismissed legislative will to allow the operation and
the cases. Hence this petition for certiorari by continued existence of night clubs subject to
way of appeal. appropriate regulations. In the meanwhile, to
compel petitioners to close their
ISSUE: Whether or not the ordinance is valid establishments, the necessary result of an
affirmance, would amount to no more than a
NO. It is unconstitutional. It undoubtly temporary termination of their business.
involves a measure not embraced within the
5 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
4. Herein what was involved is a measure not failure to disclose all required
embraced within the regulatory power but an information.
exercise of an assumed power to prohibit. Hamm’s neglect of his financial
responsibilities and/or violation of a
In the Matter of JAMES JOSEPH HAMM longstanding child support court
Arizona Supreme Court No. SB-04-0079- order and his testimony as to his
M211 Ariz 458, 123 p.3d 652, 2005 failure to comply with the court order.
Hamm’s mental or emotional
FACTS: - Hamm, the Petitioner, was instability impairing his ability to
sentenced to life in prison for one-count of perform the functions of an attorney
first-degree murder to which he pled guilty. including his testimony as to any
Prior to serving his sentence, Hamm had diagnosis and treatment.
been separated from his wife with whom he
had a son and had supported himself by ISSUE: Whether or not Hamm can be
selling and using marijuana, other drugs and admitted to the Bar.
drinking alcohol.
HELD: No, the Supreme Court decided that
- The crime for which Hamm was sentenced Hamm failed to prove his burden that he is
to life imprisonment is for the murder of of good moral character on the following
Morley and Well,who were killed by Hamm grounds:
along with two accomplices, Garland Wells Hamm failed to show rehabilitation
and Bill Reeser. The three robbedand killed from past criminal conduct by not
Morley and Well by shooting them with a accepting full responsibility for
gun and leaving their bodies lying in the serious criminal misconduct -Staples’
dessert. murder although he accepted
responsibility for the death of Morley.
- While in prison, Hamm exhibited good Hamm was not completely up-front
conduct and became a model prisoner which in his testimony to the murder of
earned him aconditioned parole. Hamm was which he claims that he only intended
released after serving nearly seventeen years to rob and not to kill. This is contrary
in prison. Fromconditioned parole, Hamm to the facts he accepted the gun and
absolutely discharged on December 2001.- brings it with him in the car, shot
While on parole, Hamm graduated from the Morley without attempting robbery
Arizona State University College of Law. In and shot hit again to ensure he is
July 1999,Hamm passed the Arizona bar dead and shot Staples when he
examination and, in 2004, filed his Character attempted to escape.
and Fitness Report with theCommittee.- In its Hamm’s failure to fulfill his long
report, the Committee stated that, in overdue obligation to support his
reaching its conclusions, it considered the child who he was aware existed.
following: Hamm’s failure to disclose the
incident involving him and his wife,
Hamm’s unlawful conduct, which Donna, when he submitted his
included the commission of two application to the Committee. This
violent “execution style” murders and incident gave rise to Hamm being
his testimony as to the facts questioned by the law enforcers
surrounding the murders which should have been reflected by
Hamm’s omissions on his Application Hamm in the application – Question
and his testimony in explaining his 25.
6 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
SEC. 7. Safekeeping of property. – The clerk Facts: Father Aquino, Academic head of
shall safely keep all record, papers, files, Philippine Judicial Academy, filed a
exhibits and public property committed to complaint against Atty. Edwin Pascua, a
his charge, including the library of the court, Notary Public for violation of the Notarial
and the seals and furniture belonging to his Practice Law. He alleged that Atty. Pascua
office. falsified two documents wherein both
documents had “Doc. No. 1213, Page No.
7 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
243. Book III, Series of 1998” and both are Atty. Pascua falsely assigned fictitious
dated on December 10, 1998. It was shown numbers to the questioned affidavit-
by the Clerk of Court of RTC-Tuguegarao that complaints, a clear dishonesty on his part not
none of these entries appear in the Notarial only as a Notary Public, but also as a member
Register of Atty. Pascua. In his comment, of the Bar.
Atty. Pascua admitted having notarized the
two documents on December 10, 1998, but A member of the Bar may be disciplined or
they were not entered in his Notarial Register disbarred for any misconduct in his
due to the oversight of his legal secretary. professional or private capacity. The Court
Complainant maintains that Atty. Pascua’s has invariably imposed a penalty for
omission was not due to inadvertence but a notaries public who were found guilty of
clear case of falsification. dishonesty or misconduct in the performance
of their duties.
Issue: Whether or not Atty. Pascua violated
the Notarial Practice Rule. Atty Pascua is declared guilty of misconduct
and is suspended from the practice of law for
Ruling: Yes. Under the notarial law, “the 3 months with a stern warning that a
notary public shall enter in such register, in repetition of the same act will be dealt with
chronological order, the nature of each more severely. His notarial commission is
instrument executed, sworn to, or revoked.
acknowledged before him, the person
executing, swearing to, or acknowledging the NON-DISCLOSURE BEFORE THE JUDICIAL
instrument. Failure of the notary to make the AND BAR COUNCIL OF THE
proper entry or entries in his notarial ADMINISTRATIVE CASE FILED AGAINST
register touching his notarial acts in the JUDGE JAIME V. QUINTAIN
manner required by law is a ground for 530 SCRA 729, August 22, 2007
revocation of his commission.”
FACTS: In May 17, 2003, Judge Jaime Vega
Atty. Pascua claims that the omission was not Quintain was appointed Presiding judge at
intentional but due to oversight of his staff. the Regional Trial Court (RTC) Branch 10,
Whichever is the case, Atty. Pascua cannot Davao City. Subsequently thereto, the Office
escape liability. His failure to enter into his of the Court Administrator Received a
notarial register the documents that he confidential information that Administrative
admittedly notarized is a dereliction of duty and Criminal cases were filed against Judge
on his part as a notary public and he is bound Quintain in his capacity as then Assistant
by the acts of his staff. Regional Director of the National Police
Commission (NAPOLCOM) Regional Office
Furthermore, the claim of Atty. Pascua of 11, Davao City, as a result of which he was
simple inadvertence is untenable. The dismissed from the service per
photocopy of his notarial register shows that Administrative Order (A.O.) no. 183 dated
the last entry which he notarized on April 10, 1995.
December 28, 1998 is Document No. 1200 on To confirm the veracity of the information,
Page 240. On the other hand, the two then Deputy Court Administrator (DCA)
affidavit-complaints allegedly notarized on Christopher O. Lock (now Court
December 10, 1998 are Document Nos. 1213 Administrator) requested from the
and 1214, respectively, under Page No. 243, Sandiganbayan certified copies of the Orders
Book III. Thus, Fr. Ranhilio and the other dismissing the criminal cases. On even Date,
complainants are correct in maintaining that letter were sent to the NAPOLCOM
8 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
requesting for certified copies of documents academic in the instant of the administrative
relative to the administrative complaints filed case. The decision of the court had at the
against Judge Quintain, particularly A. O. 183 time of the filling of the administrative
dated April 10, 1995 dismissing him from the complaint is not lost by the mere fact that the
service. respondent judge by his resignation and its
In a letter dated November 28, 2003, the consequent acceptance- without prejudice-
NAPOLCOM furnished the office of the Court by this court, has ceased to be in office
Administrator a copy of A.O. No. 183 during the pendency of the case. The court
showing that respondent judge was indeed retains its authority to pronounce
dismissed from the service for Grave respondent judge either innocent or guilty of
Misconduct for falsifying or altering the the charges against him. A contrary rule
amounts reflected in disbursement vouchers would be fraught with injustice, indeed, if
in support of his claim for reimbursement innocent, the respondent judge merits
expenses. vindication of his name and integrity as he
This fact did not appear in his Personal Data leaves the government; if guilty, he deserves
Sheet when he submitted his application as to receive the corresponding censure and
Judge. Quintain explained that he was not penalty which is proper and imposable under
aware of his administrative dismissal in the situation
NAPOLCOM. However, there were articles in 2. Yes, Judge Quintain is Liable for his Non-
some newspaper that even featured his Disclosure if the administrative case in his
ouster and his subsequent appeal to clear his Personal Data sheet. On the strength of his
name. misinterpretation, Judge Quintain has misled
Thus the OCA recommended that: the Judicial and Bar Council by making it
a. The instant administrative case against appear that he had a clean record and was
respondent be docket as administrative qualified to join the judiciary. His prior to his
matter dismissal from the government service s a
b. That he be dismissed from the service with blot on his record, which has gone worse and
prejudice from his reappointment to any has spread even more because of his
government, including government owned concealment of it. Had he not concealed the
or controlled corporation and with forfeiture said vital fact, it would have been taken into
of all retirement benefits except accrued consideration when the Council acted on his
leave credits. application. His act of dishonesty renders him
When the case reaches the Supreme Court, unfit to join the judiciary, much less sitting as
Judge Quintain tendered his resignation a judge, and to remain in the Judiciary he has
which was accepted without prejudice to the tainted with his falsehood. It even appear
decision of the Administrative case. that he was dismissed by the NAPOLCOM for
misconduct and dishonesty.
ISSUES: A. Does the resignation of Judge The judiciary emphasized the need for
Quintain renders that administrative case honesty and integrity on the part of all those
moot and academic? who are in its service. It is often stressed that
the conduct required, must always be
B. Whether or not Judge Quintain is liable for beyond reproach and circumscribed with the
his non-disclosure in the Personal Data Sheet heavy burden of responsibility as to let them
of the administrative case against him? be free from any suspicion that may taint the
judiciary. The Court condemns and will never
HELD: 1. The resignation of Judge Quintain countenance any conduct, act or omission on
which was accepted by the court without the part of all those involved in the
prejudice does not render moot and administration of justice , which would
9 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
violate the norm of public accountability and existing law and jurisprudence but also
diminish or even just tend to diminish the motivated by bad faith, fraud, malice or
faith of the people on the judiciary. dishonesty.
Bernardo, Jr. vs. Mejia, 211 SCRA 852 , Does an honest divergence of opinion
July 29, 1992 constitute gross ignorance of the law?
NO, the honest divergence of opinion as to
Attorneys; An attorney who appropriated the legal issues and applicable laws involved
money entrusted by his client, and who does not constitute gross ignorance of the
falsely gave assurances that he used the law more so if there is no evidence that
money for the purposes intended, and who respondent judge’s acts were imbued with
issued bad checks to re-pay them is ordered malice or bad faith.
debarred.—A thoroughgoing review of the
affidavits, pleadings and other papers filed Define bad faith.
by the parties convinces this Court of the Bad faith does not simply connote poor or
correctness of the foregoing conclusions of flawed judgment; it imports a dishonest
the IBP Board of Governors. They are purpose, moral obliquity or conscious doing
consequently hereby adopted and approved. of a wrong.
WHEREFORE, the Court DECLARES the
respondent, Atty. Ismael F. Mejia, guilty of all Will an administrative complaint against a
the charges against him and hereby imposes judge prosper when there still exists other
on him the penalty of DISBARMENT. Pending sufficient remedies for a party in a case?
finality of this judgment, and effective NO, the filing of an administrative complaint
immediately, Atty. Ismael F. Mejia is hereby is not the proper remedy for correcting the
SUSPENDED from the practice of law. Let a actions of a judge perceived to have gone
copy of this Decision be spread in his record beyond the norms of propriety, where a
in the Bar Confidant’s Office, and notice sufficient remedy exists. The actions against
thereof furnished the Integrated Bar of the judges should not be considered as
Philippines, as well as the Court complementary or suppletory to, or
Administrator who is DIRECTED to inform all substitute for, the judicial remedies which
the Courts concerned of this Decision. can be availed of by a party in a case.
11 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
12 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
speak well of the character of Atty. de Vera or Due Process; Words and Phrases; The term
the way such character was perceived. “due process of law” as used in the
Constitution has no fixed meaning for all
Integrated Bar of the Philippines (IBP); purposes due “to the very nature of the
Transferring Integrated Bar of the Philippines doctrine which, asserting a fundamental
(IBP) membership to a chapter where the principle of justice rather than a specific rule
lawyer is not a resident is not a ground for his of law, is not susceptible of more than one
suspension or disbarment—the Code of general statement”—the phrase is so elusive
Professional Responsibility as well as the of exact apprehension, because it depends
Lawyer’s Oath do not prohibit nor punish on circumstances and varies with the subject
lawyers from aspiring to be IBP National matter and the necessities of the situation;
President and from doing perfectly legal acts The due process clause guarantees no
in accomplishing such goal.—As it was particular form of procedure and its
perfectly within Atty. de Vera’s right to requirements are not technical.—Even if the
transfer his membership, it cannot be said right of due process could be rightfully
that he is guilty of unethical conduct or invoked, still, in administrative proceedings,
behavior. And while one may incessantly the essence of due process is simply the
argue that a legal act may not necessarily be opportunity to explain one’s side. At the
ethical, in herein case, we do not see outset, it is here emphasized that the term
anything wrong in transferring to an IBP “due process of law” as used in the
chapter that—based on the rotation rule— Constitution has no fixed meaning for all
will produce the next IBP EVP who will purposes due “to the very nature of the
automatically succeed to the National doctrine which, asserting a fundamental
Presidency for the next term. Our Code of principle of justice rather than a specific rule
Professional Responsibility as well as the of law, is not susceptible of more than one
Lawyer’s Oath do not prohibit nor punish general statement.” The phrase is so elusive
lawyers from aspiring to be IBP National of exact apprehension, because it depends
President and from doing perfectly legal acts on circumstances and varies with the subject
in accomplishing such goal. matter and the necessities of the situation.
Due process of law in administrative cases is
Same; Due Process; The position of Executive not identical with “judicial process” for a trial
Vice President (EVP) of the Integrated Bar of in court is not always essential to due
the Philippines (IBP) is not property within process. While a day in court is a matter of
the constitutional sense especially since right in judicial proceedings, it is otherwise in
there is no right to security of tenure over administrative proceedings since they rest
said position.—It needs stressing that the upon different principles. The due process
constitutional provision on due process clause guarantees no particular form of
safeguards life, liberty and property. It cannot procedure and its requirements are not
be said that the position of EVP of the IBP is technical. Thus, in certain proceedings of
property within the constitutional sense administrative character, the right to a notice
especially since there is no right to security of or hearing are not essential to due process of
tenure over said position as, in fact, all that is law. The constitutional requirement of due
required to remove any member of the board process is met by a fair hearing before a
of governors for cause is a resolution regularly established administrative agency
adopted by 2/3 of the remaining members of or tribunal. It is not essential that hearings be
the board. had before the making of a determination if
thereafter, there is available trial and tribunal
before which all objections and defenses to
13 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
the making of such determination may be expulsion while two voted against it which
raised and considered. One adequate still adds up to the 2/3 vote requirement for
hearing is all that due process requires. What expulsion.
is required for “hearing” may differ as the
functions of the administrative bodies differ. Same; Doctrine of Majority Rule; Indubitably,
conflicts and disagreements of varying
Same; The right to cross-examine is not an degrees of intensity, if not animosity, are
indispensable aspect of due process.—The inherent in the internal life of an
right to cross-examine is not an organization, but especially of the IBP since
indispensable aspect of due process. Nor is lawyers are said to disagree before they
an actual hearing always essential especially agree; The effectiveness of the IBP, like any
under the factual milieu of this case where other organization, is diluted if the conflicts
the members of the IBP Board—upon whose are brought outside its governing body for
shoulders the determination of the cause for then there would be the impression that the
removal of an IBP governor is placed subject IBP, which speaks through a Board of
to the approval of the Supreme Court—all Governors, does not and cannot speak for its
witnessed Atty. de Vera’s actuations in the members in an authoritative fashion; As a
IBP National Convention in question. It is means of self-preservation, internecine
undisputed that Atty. de Vera received a copy conflicts must be adjusted within the
of the complaint against him and that he was governing board itself so as to free it from
present when the matter was taken up. From the stresses that invariably arise when
the transcript of the stenographic notes of internal cleavages are made public.—After
the 13 May 2005 meeting wherein Atty. de weighing the arguments of the parties and in
Vera was removed, it is patent that Atty. de keeping with the fundamental objective of
Vera was given fair opportunity to defend the IBP to discharge its public responsibility
himself against the accusations made by more effectively, we hereby find that Atty. de
Atty. Rivera. Vera’s removal from the IBP Board was not
capricious or arbitrary. Indubitably, conflicts
Integrated Bar of the Philippines (IBP); Words and disagreements of varying degrees of
and Phrases; The phrase “remaining intensity, if not animosity, are inherent in the
members” in Section 44 of the Integrated Bar internal life of an organization, but especially
of the Philippines (IBP) By-Laws refers to the of the IBP since lawyers are said to disagree
members exclusive of the complainant before they agree. However, the
member and the respondent member.— effectiveness of the IBP, like any other
Under the rules, a resolution for expulsion of organization, is diluted if the conflicts are
an IBP Governor is done via a resolution brought outside its governing body for then
adopted by 2/3 of the remaining members. there would be the impression that the IBP,
The phrase “remaining members” refers to which speaks through the Board of
the members exclusive of the complainant Governors, does not and cannot speak for its
member and the respondent member. The members in an authoritative fashion. It would
reason therefore is that such members are accordingly diminish the IBP’s prestige and
interested parties and are thus presumed to repute with the lawyers as well as with the
be unable to resolve said motion impartially. general public. As a means of self-
This being the case, the votes of Attys. Rivera preservation, internecine conflicts must thus
and de Vera should be stricken-off which be adjusted within the governing board itself
means that only the votes of the seven so as to free it from the stresses that
remaining members are to be counted. Of invariably arise when internal cleavages are
the seven remaining members, five voted for made public.
14 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
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Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
govern relations and transactions among its pertains in particular to the position of IBP
officers and members. With these By-Laws in EVP, while the automatic succession rule
place, the Supreme Court could be assured pertains to the Presidency. The rotation with
that the IBP shall be able to carry on its day- respect to the Presidency is but a
to-day affairs, without the Court’s consequence of the automatic succession
interference. rule provided in Section 47 of the IBP By-
Laws. In the case at bar, the rotation rule was
Same; Article VI, Section 41(g) of the IBP By- duly complied with since upon the election of
Laws expressly grants to the Board the Atty. De Vera as IBP EVP, each of the nine IBP
authority to fill vacancies, however arising, in regions had already produced an EVP and,
the IBP positions.—With the removal of Atty. thus, the rotation was completed. It is only
de Vera from the Board, by virtue of the IBP unfortunate that the supervening event of
Board Resolution dated 13 May 2005, he was Atty. de Vera’s removal as IBP Governor and
also removed from his post as EVP; thus, EVP rendered it impossible for him to assume
there was a resultant vacancy in the position the IBP Presidency. The fact remains,
of IBP EVP. Article VI, Section 41(g) of the IBP however, that the rotation rule had been
By-Laws expressly grants to the Board the completed despite the non-assumption by
authority to fill vacancies, however arising, in Atty. de Vera to the IBP Presidency.
the IBP positions, subject to the provisions of
Section 8 of the Integration Rule, and Section Same; Same; The application of the rotation
11 (Vacancies), Section 44 (Removal of rule is not a license to disregard the spirit and
members), Section 47 (National officers), purpose of the automatic succession rule, but
Section 48 (other officers), and Section 49 should be applied in harmony with the latter;
(Terms of Office) of the By-Laws. The IBP The automatic succession rule affords the IBP
Board has specific and sufficient guidelines in leadership transition seamless and enables
its Rules and By-Laws on how to fill-in the the new IBP National President to attend to
vacancies after the removal of Atty. de Vera. pressing and urgent matters without having
We have faith and confidence in the to expend valuable time for the usual
intellectual, emotional and ethical adjustment and leadership consolidation
competencies of the remaining members of period.—The application of the rotation rule
the 2005-2007 Board in dealing with the is not a license to disregard the spirit and
situation within the bounds of the IBP Rules purpose of the automatic succession rule, but
and By-Laws. should be applied in harmony with the latter.
The automatic succession rule affords the IBP
Same; Rotation Rule; Automatic Succession leadership transition seamless and enables
Rule; The rotation rule pertains in particular the new IBP National President to attend to
to the position of IBP EVP, while the pressing and urgent matters without having
automatic succession rule pertains to the to expend valuable time for the usual
Presidency—the rotation with respect to the adjustment and leadership consolidation
Presidency is but a consequence of the period. The time that an IBP EVP spends
automatic succession rule provided in assisting a sitting IBP President on matters
Section 47 of the IBP By-Laws.—In Bar Matter national in scope is in fact a valuable and
491, it is clear that it is the position of IBP EVP indispensable preparation for the eventual
which is actually rotated among the nine succession. It should also be pointed out that
Regional Governors. The rotation with this wisdom is further underscored by the
respect to the Presidency is merely a result of fact that an IBP EVP is elected from among
the automatic succession rule of the IBP EVP the members of the IBP Board of Governors,
to the Presidency. Thus, the rotation rule who are serving in a national capacity, and
16 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
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Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
issue in a particular manner, or risk earning FACTS: Respondent Edwin L. Rana was
the ire of the public. among those who passed the 2000 Bar
Such statements show disrespect not Examinations.
only for the Court but also for the judicial
system as a whole, tend to promote distrust A day before the scheduled mass
and undermine public confidence in the oath-taking of successful bar examiners,
judiciary, by creating the impression that the petitioner Donna Marie Aguirre filed a
Court cannot be trusted to resolve cases complaint charging Rana of unauthorized
impartially and violate the right of the parties practice of law, grave misconduct, violation
to have their case tried fairly by an of law, and grave misrepresentation.
independent tribunal, uninfluenced by public
clamor and other extraneous influences. The Court allowed respondent to take
his oath as a member of the Bar at the PICC,
Soriano v. Dizon however, the respondent cannot sign the Roll
A.C. No. 6792. January 25, 2006. of Attorneys pending the resolution of the
charge against him. Thus, respondent passed
FACTS: While driving on his way home, a taxi the bar, took the lawyer’s oath on the
driver (herein complainant) overtook the car scheduled date but has not signed the Roll of
driven by herein respondent. Incensed, Attorneys.
respondent tailed the taxi driver until the
latter stopped to make a turn. An altercation Petitioner alleges that respondent,
resulted therefrom that got to the point that while not yet a lawyer, appeared as counsel
the respondent fired and shot complainant of a political candidate, signed pleadings as
hitting him on the neck. He fell on the thigh well as represent himself as counsel in
of the respondent so the latter pushed him proceedings.
out and sped off.
ISSUE: Whether Rana engaged in the
ISSUE: WON respondent’s guilt warrants unauthorized practice of law and thus does
disbarment. not deserve admission to the Philippine Bar.
RULING: Yes. Moral turpitude has been HELD: Yes. In Cayetano v. Monsod, the Court
defined as “everything which is done held that “practice of law” means any activity,
contrary to justice, modesty, or good morals; in or out of court, which requires the
an act of baseness, vileness or depravity in application of law, legal procedure,
the private and social duties which a man knowledge, training and experience. To
owes his fellowmen, or to society in general, engage in the practice of law is to perform
contrary to justice, honesty, modesty, or acts which are usually performed by
good morals.” It is also glaringly clear that members of the legal profession. Generally,
respondent seriously transgressed Canon 1 to practice law is to render any kind of service
of the Code of Professional Responsibility which requires the use of legal knowledge or
through his illegal possession of an skill.
unlicensed firearm and his unjust refusal to The right to practice law is not a
satisfy his civil liabilities. natural or constitutional right but is a
privilege. It is limited to persons of good
moral character with special qualifications
AGUIRRE VS RANA (2003) duly ascertained and certified. The exercise of
this privilege presupposes possession of
integrity, legal knowledge, educational
20 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
attainment, and even public trust4 since a instituted with criminal action, unless the
lawyer is an officer of the court. A bar offended party waives the civil action,
candidate does not acquire the right to reserves the right to institute it separately or
practice law simply by passing the bar institutes the civil action prior to the criminal
examinations. The practice of law is a action.—Under Article 100 of the Revised
privilege that can be withheld even from one Penal Code, every person criminally liable for
who has passed the bar examinations, if the a felony is also civilly liable except in
person seeking admission had practiced law instances when no actual damage results
without a license. from an offense, such as espionage, violation
It is true that the respondent passed of neutrality, flight to an enemy country, and
the 2000 Bar Examinations and took the crime against popular representation. The
lawyer’s oath. However, it is the signing in the basic rule applies in the instant case, such
Roll of Attorneys that finally makes one a full- that when a criminal action is instituted, the
fledged lawyer. The fact that respondent civil action for the recovery of civil liability
passed the bar examinations is immaterial. arising from the offense charged shall be
Passing the bar is not the only qualification deemed instituted with criminal action,
to become an attorney-at-law. Respondent unless the offended party waives the civil
should know that two essential requisites for action, reserves the right to institute it
becoming a lawyer still had to be performed, separately or institutes the civil action prior
namely: his lawyer’s oath to be administered to the criminal action.
by this Court and his signature in the Roll of
Attorneys. Same; Same; Petitioner is correct in
stating that there being no reservation,
Edwin Rana is denied Admission to waiver nor prior institution of the civil aspect
the Philippine Bar. in Criminal Case No. 00-1705, it follows that
the civil aspect arising from Grave Threats is
Cruz vs. Mina, 522 SCRA 382 , deemed instituted with criminal action;
April 27, 2007 Private prosecutor may rightfully intervene to
Criminal Procedure; Law Student prosecute the civil aspect.—The petitioner is
Practice Rule; As succinctly clarified in Bar correct in stating that there being no
Matter No. 730, by virtue of Section 34, Rule reservation, waiver, nor prior institution of
138, a law student may appear, as an agent the civil aspect in Criminal Case No. 00-1705,
or a friend of a party litigant, without the it follows that the civil aspect arising from
supervision of a lawyer before inferior Grave Threats is deemed instituted with the
courts.—Section 34, Rule 138 is clear that criminal action, and, hence, the private
appearance before the inferior courts by a prosecutor may rightfully intervene to
non-lawyer is allowed, irrespective of prosecute the civil aspect.
whether or not he is a law student. As
succinctly clarified in Bar Matter No. 730, by In the case of FERDINAND A. CRUZ
virtue of Section 34, Rule 138, a law student vs. JUDGE PRISCILLA MIJARES, Presiding
may appear, as an agent or a friend of a party Judge, Regional Trial Court, Branch 108,
litigant, without the supervision of a lawyer Pasay City, Metro Manila, G.R. No. 154464,
before inferior courts. September 11, 2008, the Supreme Court of
the Philippines upheld a litigant’s right to pro
Same; Recovery of Civil Liability; se representation under Sec. 34, Rule 138,
When a criminal action is instituted, the civil Rules of Court and clarified its distinction in
action for the recovery of civil liability arising relation to the Law Student Practice Rule
from the offense charged shall be deemed under Rule 138-A, Rules of Court.
21 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
In an Order [6] dated April 19, 2002, Section 1. Conditions for Student
Judge Mijares denied the motion for Practice. – A law student who has successfully
inhibition stating that throwing tenuous completed his 3rd year of the regular four-
allegations of partiality based on the said year prescribed law curriculum and is
remark is not enough to warrant her enrolled in a recognized law school's clinical
voluntary inhibition, considering that it was legal education program approved by the
said even prior to the start of pre-trial. Supreme Court, may appear without
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Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
23 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
incorporated to the Rules of Court through she said: “Hay naku, masama ‘yung
Rule 138-A. marunong pa sa Huwes. Ok?” Petitioner avers
that by denying his motion, the respondent
It may be relevant to recall that, in judge already manifested conduct indicative
respect to the constitutional right of an of arbitrariness and prejudice, causing
accused to be heard by himself and counsel, petitioner’s and his co-plaintiff’s loss of faith
[16] this Court has held that during the trial, and confidence in the respondent’s
the right to counsel cannot be waived. [17] impartiality.
The rationale for this ruling was articulated in
People v. Holgado, [18] where we declared We do not agree.
that “even the most intelligent or educated
man may have no skill in the science of law, It must be noted that because of this
particularly in the rules of procedure, and incident, the petitioner filed an
without counsel, he may be convicted not administrative case [19] against the
because he is guilty but because he does not respondent for violation of the Canons of
know how to establish his innocence.” Judicial Ethics, which we dismissed for lack of
merit on September 15, 2002. We now adopt
The case at bar involves a civil case, the Court’s findings of fact in the
with the petitioner as plaintiff therein. The administrative case and rule that there was
solicitous concern that the Constitution no grave abuse of discretion on the part of
accords the accused in a criminal prosecution Judge Mijares when she did not inhibit
obviously does not obtain in a civil case. herself from the trial of the case.
Thus, a party litigant in a civil case, who insists
that he can, without a lawyer’s assistance, In a Motion for Inhibition, the movant
effectively undertake the successful pursuit must prove the ground for bias and prejudice
of his claim, may be given the chance to do by clear and convincing evidence to
so. In this case, petitioner alleges that he is a disqualify a judge from participating in a
law student and impliedly asserts that he has particular trial, [20] as voluntary inhibition is
the competence to litigate the case himself. primarily a matter of conscience and
Evidently, he is aware of the perils incident to addressed to the sound discretion of the
this decision. judge. The decision on whether she should
inhibit herself must be based on her rational
In addition, it was subsequently and logical assessment of the circumstances
clarified in Bar Matter 730, that by virtue of prevailing in the case before her. [21] Absent
Section 34, Rule 138, a law student may clear and convincing proof of grave abuse of
appear as an agent or a friend of a party discretion on the part of the judge, this Court
litigant, without need of the supervision of a will rule in favor of the presumption that
lawyer, before inferior courts. Here, we have official duty has been regularly performed.
a law student who, as party litigant, wishes to
represent himself in court. We should grant In fine, the Court PARTIALLY
his wish. GRANTED the petition, modified the assailed
Resolution and Order of the Regional Trial
Additionally, however, petitioner Court, Branch 108, Pasay City, and directed it
contends that the respondent judge to ADMIT the Entry of Appearance of
committed manifest bias and partiality by petitioner in Civil Case No. 01-0410 as a party
ruling that there is no valid ground for her litigant.
voluntary inhibition despite her alleged
negative demeanor during the pre-trial when In re Atty. Marcial Edillon,
24 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
84 SCRA 554, August 03, 1978 clothed with public interest because a lawyer
Bar Integration; Attorneys; owes substantial duties not only to his client,
Disbarment; Payment of membership dues; but also to his brethren in the profession, to
Integration of the Bar, its concept and the courts, and to the nation, and takes part
purpose.—An “Integrated Bar” is a State- in one of the most important functions of the
organized Bar, to which every lawyer must State—the administration of justice—as an
belong, as distinguished from bar officer of the court. The practice of law being
associations organized by individual lawyers clothed with public interest, the holder of this
themselves, membership in which is privilege must submit to a degree of control
voluntary. Integration of the Bar is essentially for the common good, to the extent of the
a process by which every member of the Bar interest he has created. As the U. S. Supreme
is afforded an opportunity to do his share in Court through Mr. Justice Roberts explained,
carrying out the objectives of the Bar as well the expression “affected with a public
as obliged to hear his portion of its interest” is the equivalent of “subject to the
responsibilities. Organized by or under the exercise of the police power”.
direction of the State, an Integrated Bar is an
official national body of which all lawyers are Same; Same; Same; Courts; Supreme
required to be members. They are, therefore, Court authorized to adopt rules of court to
subject to all the rules prescribed for the effect integration of the Philippine Bar;
governance of the Bar, including the Purposes of integration of the Bar.—When,
requirement of payment of a reasonable therefore. Congress enacted Republic Act
annual fee for the effective discharge of the No. 6397 authorizing the Supreme Court to
purposes of the Bar, and adherence to a code “adopt rules of court to effect the integration
of professional ethics or professional of the Philippine Bar under such conditions
responsibility breach of which constitutes as it shall see fit,” it did so in the exercise of
sufficient reason for investigation by the Bar the paramount-police power of the State.
and, upon proper cause appearing, a The Act’s avowal is to “raise the standards of
recommendation for discipline or the legal profession, improve the
disbarment of the offending member. The administration of justice, and enable the Bar
integration of the Philippine Bar was to discharge its public responsibility more
obviously dictated by overriding effectively.” Hence, the Congress in enacting
considerations of public interest and public such Act, the Court in ordaining the
welfare to such an extent as more than integration of the Bar through its Resolution
constitutionally and legally justifies the promulgated on January 9, 1973, and the
restrictions that integration imposes upon President of the Philippines in decreeing the
the personal interests and personal constitution of the IBP into a body corporate
convenience of individual lawyers. through Presidential Decree No. 181 dated
May 4, 1973, were prompted by fundamental
Same; Same; Same; Police power; considerations of public welfare and
Integration of the Bar is a valid exercise of motivated by a desire to meet the demands
police power of the State; Practice of law, of pressing public necessity. The State, in
nature of.—Apropos to the above, it must be order to promote the general welfare, may
stressed that all legislation directing the interfere with and regulate personal liberty,
integration of the Bar have been uniformly property and occupations. Persons and
and universally sustained as a valid exercise property may be subjected to restraints and
of the police power over an important burdens in order to secure the general
profession. The practice of law is not a vested prosperity and welfare of the State (U.S.
right but a privilege, a privilege moreover Gomez, Jesus, 31 Phil. 218), for, as the Latin
25 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
maxim goes, “Salus populi eat suprema lex.” Act No. 6397), and looking solely to the
The public welfare is the supreme law. To this language of the provision of the Constitution
fundamental principle of government the granting the Supreme Court the power “to
rights of individuals are subordinated. Liberty promulgate rules concerning pleading,
is a blessing without which life is a misery, but practice and procedure in all courts, and the
liberty should not be made to prevail over admission to the practice of law,” it at once
authority because then society will fall into becomes indubitable that this constitutional
anarchy (Calalang vs. Williams, 70, Phil. 726). declaration vests the Supreme Court with
It is an undoubted power of the State to plenary power in all cases regarding the
restrain some individuals from all freedom, admission to and supervision of the practice
and all individuals from some freedom. of law.
26 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
annual dues. The Supreme Court, in order to provisions would amount to a deprivation of
further the State’s legitimate interest in property without due process and hence
elevating the quality of professional legal infringes on one of his constitutional rights.
services, may require that the cost of Whether the practice of law is property right,
improving the professional in his fashion be in the sense of its being one that entitles the
shared by the subjects and beneficiaries of holder of a license to practise of law is a
the regulatory program—the lawyers. property right, in the sense of its being one
Assuming that the questioned provision does that entitles the holder of a license to practise
in a sense compel a lawyer to be member of a profession, we do not here pause to
the Integrated Bar, such compulsion is consider at length, as it is clear that under the
justified as an exercise of the police power of police power of the State, and under
the State. necessary powers granted to the Court to
perpetuate its existence, the respondent’s
Same; Same; Same: Same; Same; right to practise law before the courts of this
Provisions of the Court Rule requiring country should be and is a matter subject to
payment of membership dues by lawyers not regulation and inquiry. And, if the power to
violative of the Constitution; The 1973 imposed the fee as regulatory measure is
Constitution does not prohibit the Supreme recognized, then a penalty designed to
Court from requiring lawyers to pay enforce its payment, which penalty may be
reasonable membership fees; Nature of avoided altogether by payment, is not void
membership fees.—The second issue posed as unreasonable or arbitrary. But we must
by the respondent is that the provision of the here emphasize that the practice of law is not
Court Rule repairing payment of a a property right but a mere privilege, and as
membership fee is void. We see nothing in such must bow to the inherent regulatory
the Constitution that prohibits the Court, power of the Court to exact compliance with
under its constitutional power and duty to the lawyer’s public responsibilities.
promulgate rules concerning the admission
to the practice of law and the integration of Same; Same; Same; Same; Same;
the Philippine Bar (Article X, Section 5 of the Supreme Court; Jurisdiction; The Supreme
1973 Constitution)—which power the Court has power and jurisdiction to strike the
respondent acknowledges—from requiring name of a lawyer from its Roll of Attorneys;
members of a privileged class, such as Court’s jurisdiction provided for in the 1973
lawyers are, to pay a reasonable fee toward Constitution.—Relative to the issue of the
defraying the expenses of regulation of the power and/or jurisdiction of the Supreme
profession to which they belong. It is quite Court to strike the name of a lawyer from its
apparent that the fee is indeed imposed as a Roll of Attorneys, it is sufficient to state that
regulatory measure, designed to raise funds the matters of admission, suspension,
for carrying out the objectives and purposes disbarment and reinstatement of lawyers and
of integration. their regulation and supervision have been
and are indisputably recognized as inherent
Same; Same; Same; Same; Same; judicial functions and responsibilities, and
Penalties; Enforcement of penalty provisions the authorities holding such are legion. The
for non-payment of membership dues not a Court’s jurisdiction was greatly reinforced by
deprivation of due process; Reasons; Practice our 1973 Constitution when it explicitly
of law in the courts subject to regulation and granted to the Court the power to
inquiry; Practice of law is not property right “promulgate rules concerning pleading,
but mere privilege.—That respondent further practice . . . . . . . and the admission to the
argues that the enforcement of the penalty practice of law and the integration of the Bar
27 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
. . . . .” (Article X, Sec. 5[5]) The power to pass Atty. Arevalo wrote a letter to the SC
upon the fitness of the respondent to remain requesting for exemption from payment of
a member of the legal profession is indeed his IBP dues from 1977-2005 in the amount
undoubtedly vested in the Court. of P12,035.00. He contends that after
admission to the Bar he worked at the Civil
Same; Same; Same; Same; Same; Rule Service Commission then migrated to the US
of Court 139-A and ByLaws of the Integrated until his retirement. His contention to be
Bar providing for payment of membership exempt is that his employment with the CSC
dues are neither unconstitutional nor illegal; prohibits him to practice his law profession
Respondent lawyer disbarred and his name and he did not practice the same while in the
striken from the Roll of Attorneys in the US. The compulsion that he pays his IBP
Supreme Court for repeated failure to pay annual membership is oppressive since he
membership dues; Case at bar.—We thus has an inactive status as a lawyer. His removal
reach the conclusion that the provisions of from the profession because of non-payment
Rule of Court 139-A and of the By-Laws of of the same constitutes to the deprivation of
the Integrated Bar of the Philippines his property rights bereft of due process of
complained of are neither unconstitutional the law.
nor illegal. x x x It is the unanimous sense of
the Court that the respondent Marcial A. Issues: 1. Is petitioner entitled to exemption
Edillon should be as he is hereby disbarred, from payment of his dues during the time
and his name is hereby ordered stricken from that he was inactive in the practice of law that
the Roll of Attorneys of the Court. is, when he was in the Civil Service from
1962-1986 and he was working abroad from
Letter of Atty. Cecilio Y. Arevalo, Jr., 1986-2003?
Requesting Exemption from Payment of
IBP Dues, B.M. No. 1370. May 9, 2005 2. Does the enforcement of the penalty of
The Supreme Court shall have the following removal amount to a deprivation of property
powers: without due process?
xxx
(5) Promulgate rules concerning the Held: 1. No. A membership fee in the Bar
protection and enforcement of constitutional association is an exaction for regulation. If
rights, pleading, practice, and procedure in the judiciary has inherent power to regulate
all courts, the admission to the practice of the Bar, it follows that as an incident to
law, the Integrated Bar, and legal assistance regulation, it may impose a membership fee
to the underprivileged. Such rules shall for that purpose. It would not be possible to
provide a simplified and inexpensive put on an integrated Bar program without
procedure for the speedy disposition of means to defray the expenses. The doctrine
cases, shall be uniform for all courts of the of implied powers necessarily carries with it
same grade, and shall not diminish, increase, the power to impose such exaction.
or modify substantive rights. Rules of
procedure of special courts and quasi-judicial The payment of dues is a necessary
bodies shall remain effective unless consequence of membership in the IBP, of
disapproved by the Supreme Court. (Sec. 5, which no one is exempt. This means that the
Art. VIII, 1987 Constitution) compulsory nature of payment of dues
subsists for as long as ones membership in
Facts: the IBP remains regardless of the lack of
practice of, or the type of practice, the
member is engaged in.
28 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
But we must here emphasize that the practice ISSUES: Whether or not the respondent has
of law is not a property right but a mere misled the court about his standing in the IBP
privilege, and as such must bow to the by using the same IBP O.R. number in his
inherent regulatory power of the Court to pleadings of at least 6 years and therefore
exact compliance with the lawyers public liable for his actions.
responsibilities.
Whether or not the respondent is exempt
As a final note, it must be borne in mind that from paying his membership dues owing to
membership in the bar is a privilege limited practice of law and for being a senior
burdened with conditions, one of which is the citizen.
payment of membership dues. Failure to
abide by any of them entails the loss of such
privilege if the gravity thereof warrants such HELD: Yes. By indicating "IBP-Rizal 259060" in
drastic move. his pleadings and thereby misrepresenting to
the public and the courts that he had paid his
SANTOS JR. VS. ATTY LLAMAS (AC 4749 IBP dues to the Rizal Chapter, respondent is
01/20/2000) guilty of violating the Code of Professional
Responsibility which provides: Rule 1.01 – A
FACTS: This is a complaint for lawyer shall not engage in unlawful,
misrepresentation and non-payment of bar dishonest, immoral or deceitful conduct. His
membership dues filed against respondent act is also a violation of Rule 10.01 which
Atty. Francisco R. Llamas who for a number provides that: A lawyer shall not do any
of years has not indicated the proper PTR and falsehood, nor consent to the doing of any in
IBP O.R. Nos. and data (date & palce of court; nor mislead or allow the court to be
issuance) in his pleadings. If at all, he only misled by any artifice.
indicated “IBP Rizal 259060” but he has been
using this for at least 3 years already, as No. Rule 139-A requires that every member
shown by the following attached sample of the Integrated Bar shall pay annual dues
pleadings in various courts in 1995, 1996 & and default thereof for six months shall
29 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
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Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
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Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
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Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
(a) appears in person before the notary (b) A person shall not perform a notarial act
public and presents an instrument or if the person involved as signatory to the
document; instrument or document -
(1) is not in the notary's presence personally
(b) is personally known to the notary public at the time of the notarization; and
or identified by the notary public through
competent evidence of identity as defined by (2) is not personally known to the notary
these Rules; public or otherwise identified by the notary
public through competent evidence of
(c) signs the instrument or document in the identity as defined by these Rules. (Emphasis
presence of the notary; and supplied)
(d) takes an oath or affirmation before the To add, Basilio himself admitted that he
notary public as to such instrument or failed to record his notarial act on the Joint
document. (Emphasis supplied) Affidavit in his notarial register, contrary to
Section 2 (a), Rule VI of the Notarial Rules,
As the records bear out, Basilio affixed his which states:
official signature and seal on the notarial
certificate of the Joint Affidavit without SEC. 2. Entries in the Notarial Register. — (a)
properly identifying the person/s who signed For every notarial act, the notary shall record
the same. His claim that he verified the in the notarial register at the time of
identities of the affiants through their notarization the following:
respective SSS identification cards and (1) the entry number and page number;
driver's licenses cannot be given any
credence considering the ostensible lack of (2) the date and time of day of the notarial
their details on the face of the certificate. act;
Neither was he able to provide the fact of
identification in any way. On the other hand, (3) the type of notarial act;
it has been established that one of the
named signatories to the Joint Affidavit was (4) the title or description of the instrument,
already dead when he notarized the document or proceeding;
aforesaid document. Hence, it is sufficiently
clear that Basilio had indeed affixed his (5) the name and address of each principal;
official signature and seal on an incomplete,
if not false, notarial certificate. (6) the competent evidence of identity as
defined by these Rules if the signatory is not
Moreover, by the same account, Basilio personally known to the notary;
violated Section 2 (b), Rule IV of the Notarial
Rules which prohibits the notarization of a (7) the name and address of each credible
document if the person involved is not witness swearing to or affirming the person's
personally known to the notary public or has identity;
not identified himself through competent
evidence of identity: (8) the fee charged for the notarial act;
33 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
A notary public exercises duties calling for [T]he Court finds the need to increase that
carefulness and faithfulness.[20] Notaries recommended by the IBP which is one month
must inform themselves of the facts they suspension as a lawyer and six months
certify to; most importantly, they should not suspension as notary public, considering that
take part or allow themselves to be part of respondent himself prepared the document,
illegal transactions.[21] In line with this and he performed the notarial act without
mandate, a notary public should not notarize the personal appearance of the affiant and
a document unless the person who signed without identifying her with competent
the same is the very person who executed evidence of her identity. With his
34 | Peejay Notes
Legal Ethics | Atty Razo | Wednesdays | 5:30 to 8:30 PM
35 | Peejay Notes