A. Concept of Legal Ethics shall be promoted by the State.

The
State shall encourage appropriate
What is Legal Ethics?
technology and regulate its transfer
• A Branch of Moral Science that treats for the national benefit.
of the duties which a lawyer owes to
the society, the bar, the courts, the • Article XVIII, Sec 10 of the
clients. Constitution: Section 10. All courts
• Moral Science here partakes of the existing at the time of the ratification
teachings of moral values; of certain of this Constitution shall continue to
ways and behaviors to be observed in exercise their jurisdiction, until
order to allow what is the best for the otherwise provided by law. The
profession and how to maximize the provisions of the existing Rules of
flourishing of lawyers as they Court, judiciary acts, and procedural
perform their roles in society. laws not inconsistent with this
Constitution shall remain operative
B. Supervision and Control of the Legal unless amended or repealed by the
Profession. Supreme Court or the Congress.
• Article VIII Section 5 paragraph 5
of the Constitution states that: • RA 76622 Section 2(1): Section 2.
Promulgate rules concerning the Declaration of Policies. - It is hereby
protection and enforcement of declared the policy of the State to
constitutional rights, pleading, uplift the standards of legal education
practice, and procedure in all courts, in order to prepare law students for
the admission to the practice of law, advocacy, counselling, problem-
the integrated bar, and legal solving, and decision-making, to
assistance to the underprivileged. infuse in them the ethics of the legal
Such rules shall provide a simplified profession; to impress on them the
and inexpensive procedure for the importance, nobility and dignity of
speedy disposition of cases, shall be the legal profession as an equal and
uniform for all courts of the same indispensable partner of the Bench in
grade, and shall not diminish, the administration of justice and to
increase, or modify substantive develop social competence.
rights. Rules of procedure of special
courts and quasi-judicial bodies shall • RA 76622 Section 3: Section 3.
remain effective unless disapproved General and Specific Objective of
by the Supreme Court. Legal Education. - (a) Legal
education in the Philippines is geared
• Article XII Section 14(2): The to attain the following objectives:
sustained development of a reservoir • (1) to prepare students for the
of national talents consisting of practice of law;
Filipino scientists, entrepreneurs, • (2) to increase awareness among
professionals, managers, high-level members of the legal profession of
technical manpower and skilled the needs of the poor, deprived and
workers and craftsmen in all fields oppressed sectors of society;
• (3) to train persons for leadership;
• (4) to contribute towards the
promotion and advancement of
justice and the improvement of its
administration, the legal system and
legal institutions in the light of the
historical and contemporary
development of law in the Philippines
and in other countries.
• (b) Legal education shall aim to
accomplish the following specific
objectives:
• (1) to impart among law students a
broad knowledge of law and its
various fields and of legal
institutions;
• (2) to enhance their legal research
abilities to enable them to analyze,
articulate and apply the law
C. Practice of Law
effectively, as well as to allow them to
• Sec 1 Rule 138:
have a holistic approach to legal
problems and issues; Who may practice law—Any person heretofore
• (3) to prepare law students for duly admitted as a member of the bar, or
advocacy, counselling, problem- hereafter admitted as such in accordance with
solving and decision-making, and to the provisions of this rule, and who is in good
develop their ability to deal with and regular standing, is entitled to practice law.
recognized legal problems of the
present and the future.
• (4) to develop competence in any
field of law as is necessary for gainful
employment or sufficient as a
foundation for future training beyond
the basic professional degree, and to
develop in them the desire and
capacity for continuing study and
self-improvement.
• (5) to inculcate in them the ethics and
responsibilities of the legal
profession; and
• (6) to produce lawyers who
conscientiously pursue the lofty goals
of their profession and to fully adhere
to its ethical norms.
 Letter of the UP Law Faculty A.M 10-10-4- proper authority in the foreign
SC jurisdiction where the degree has been
granted.
The Court reiterated that the
decision does not impede them of their No applicant who obtained the Bachelor
freedom of expression. of Laws degree in this jurisdiction shall
What the action the motivated the be admitted to the bar examination
resolution was the manner of the criticism unless he or she has satisfactorily
and the contumacious language by which completed the following course in a law
respondents, who are not parties nor school or university duly recognized by
counsels in the Vinuya case, have the government: civil law, commercial
expressed their opinion in favor of the
law, remedial law, criminal law, public
petitioners in the said pending case for the
and private international law, political
"proper disposition"
law, labor and social legislation, medical
It was not the circumstance that jurisprudence, taxation and legal ethics.
respondents expressed a belief that Justice
Del Castillo was guilty of plagiarism but A Filipino citizen who graduated from a
rather their expression of that belief as foreign law school shall be admitted to
"not only as an established fact, but a the bar examination only upon
truth"... when it was " of public... submission to the Supreme Court of
knowledge that there was an ongoing certifications showing: (a) completion of
investigation precisely to determine the
all courses leading to the degree of
truth of such allegations."
Bachelor of Laws or its equivalent
degree; (b) recognition or accreditation
of the law school by the proper authority;
II. Admission for the Legal Practice and (c) completion of all the fourth-year
subjects in the Bachelor of Laws
A. Legal Education
academic program in a law school duly
Rule 138 sec 6. Rule of Court recognized by the Philippine
Government.
No Application for admission unless he
presents a certificate that he has satisfied • B.M 1552-A: Accreditation of Law
the Secretary of Education. Schools. The program shall be open
Rule 138 sec 5, Re: Estelito Mendoza, only to incoming

SEC. 5. Additional Requirement for 4. the year law students from the
Other Applicants. — All applicants for law schools included in the
admission other than those referred to in list approved by the Chief
the two preceding sections shall, before Justice or by the Presiding Justice
being admitted to the examination, hereinafter referred to as
satisfactorily show that they have “accredited law schools” Request
successfully completed all the prescribed for school accreditation shall
courses for the degree of Bachelor of commence upon approval of this
Laws or its equivalent degree, in a law resolution and shall end on March
school or university officially recognized 31, 2010. For this pilot phase of
by the Philippine Government or by the the program, preference shall be
 given to Metro Manila-based law • Section 4. Citizens of the
schools. Philippines who marry aliens
shall retain their citizenship,
5. Application Requirements.
unless by their act or omission,
Qualified students may file
they are deemed, under the law, to
their: applications: (1) with the
have renounced it.
Office of the Chief Justice, for
Supreme Court applications;
(2) with the Presiding Justice, for • Section 5. Dual allegiance of
collegiate appellate court applicat citizens is inimical to the national
ions; or (3) directly with the interest and shall be dealt with by
intended supervising Justice. All law.
applicants are required to submit • Constitution Article XII Section
a written application for the Legal 14(2)
Apprenticeship Program, a copy • The practice of all professions in
of their curriculum vitae, a the Philippines shall be limited to
recommendation and/or Filipino citizens, save in cases
endorsement from the dean of prescribed by law.
their law school, and proof that
their law school is an accredited • RA 9225: Dual Citizenship
law school. Section 3. Retention of
Caronan v Caronan Philippine Citizenship - Any
A.C 11316 provision of law to the contrary
notwithstanding, natural-born
The Court finds Richard citizenship by reason of their
Caronan guilty of dishonesty and naturalization as citizens of a
lack of good morals. foreign country are hereby
Hence even if in the near deemed to have re-acquired
future, he does finish his studies Philippine citizenship upon taking
and become eligible to go to law the following oath of allegiance to
school, the Court still bars him
from it. His dishonesty as
the Republic:
impersonating his brother and his "I _____________________,
continues actions made the Court
believe that he lacks the
solemnly swear (or affirm) that I
qualifications to enter the Bar. will support and defend the
Constitution of the Republic of the
Philippines and obey the laws and
B. Citizenship. legal orders promulgated by the
duly constituted authorities of the
• Constitution: Article IV. Philippines; and I hereby declare
that I recognize and accept the
• Section 3. Philippine citizenship supreme authority of the
may be lost or reacquired in the Philippines and will maintain true
manner provided by law. faith and allegiance thereto; and
that I imposed this obligation
 upon myself voluntarily without Section 7. Time for filing proof of
mental reservation or purpose of qualifications. — All applicants
evasion." for admission shall file with the
clerk of the Supreme Court the
Section 5. Civil and Political
evidence required by section 2 of
Rights and Liabilities - Those
this rule at least fifteen (15) days
who retain or re-acquire
before the beginning of the
Philippine citizenship under this
examination. If not embraced
Act shall enjoy full civil and
within section 3 and 4 of these
political rights and be subject to
rules they shall also file within the
all attendant liabilities and
same period the affidavit and
responsibilities under existing
certificate required by section 5,
laws of the Philippines and the
and if embraced within sections 3
following conditions:
and 4 they shall exhibit a license
(4) Those intending to evidencing the fact of their
practice their profession in admission to practice, satisfactory
the Philippines shall apply evidence that the same has not
with the proper authority been revoked, and certificates as
for a license or permit to to their professional standing.
engage in such practice; Applicants shall also file at the
and same time their own affidavits as
Epifanio Muneses to their age, residence, and
B.M 2112 citizenship.
Section 8. Notice of Applications.
Thus, in pursuance to the qualifications — Notice of applications for
laid down by the Court for the practice of law, admission shall be published by
the OBC required the herein petitioner to submit the clerk of the Supreme Court in
the original or certified true copies of the newspapers published in Pilipino,
following documents in relation to his petition:
English and Spanish, for at least
1. Petition for Re-Acquisition of Philippine ten (10) days before the beginning
Citizenship; of the examination.
2. Order (for Re-Acquisition of Philippine Section 9. Examination; subjects.
citizenship); — Applicants, not otherwise
3. Oath of Allegiance to the Republic of the
provided for in sections 3 and 4 of
Philippines;
these rules, shall be subjected to
4. Identification Certificate (IC) issued by the
Bureau of Immigration; examinations in the following
5. Certificate of Good Standing issued by the IBP; subjects: Civil Law; Labor and
6. Certification from the IBP indicating updated Social Legislation; Mercantile
payments of annual membership dues; Law; Criminal Law; Political
7. Proof of payment of professional tax; and Law (Constitutional Law, Public
8. Certificate of compliance issued by the MCLE Corporations, and Public
Office. Officers); International Law
(Private and Public); Taxation;
C. Bar Examination:
Remedial Law (Civil Procedure,
Criminal Procedure, and examiners. The subjects shall be
Evidence); Legal Ethics and distributed as follows: First day:
Practical Exercises (in Pleadings Political and International Law
and Conveyancing). (morning) and Labor and Social
Section 10. Bar examination, by Legislation (afternoon); Second
questions and answers, and in day: Civil Law (morning) and
writing. — Persons taking the Taxation (afternoon); Third day:
examination shall not bring Mercantile Law (morning) and
papers, books or notes into the Criminal Law (afternoon); Fourth
examination rooms. The questions day: Remedial Law (morning) and
shall be the same for all legal Ethics and Practical
examinees and a copy thereof, in Exercises (afternoon).
English or Spanish, shall be given Section 12. Committee of
to each examinee. Examinees examiners. — Examinations shall
shall answer the questions be conducted by a committee of
personally without help from bar examiners to be appointed by
anyone. the Supreme Court. This
Upon verified application made committee shall be composed of a
by an examinee stating that his Justice of the Supreme Court, who
penmanship is so poor that it will shall act as chairman, and who
be difficult to read his answers shall be designated by the court to
without much loss of time., the serve for one year, and eight
Supreme Court may allow such members of the bar of the
examinee to use a typewriter in Philippines, who shall hold office
answering the questions. Only for a period of one year. The
noiseless typewriters shall be names of the members of this
allowed to be used. committee shall be published in
each volume of the official
The committee of bar examiner reports.
shall take such precautions as are Section 13. Disciplinary
necessary to prevent the measures. — No candidate shall
substitution of papers or endeavor to influence any member
commission of other frauds. of the committee, and during
Examinees shall not place their examination the candidates shall
names on the examination papers. not communicate with each other
No oral examination shall be nor shall they give or receive any
given. assistance. The candidate who
Section 11. Annual examination. violates these provisions, or any
— Examinations for admission to other provision of this rule, shall
the bar of the Philippines shall be barred from the examination,
take place annually in the City of and the same to count as a failure
Manila. They shall be held in four against him, and further
days to be designated by the disciplinary action, including
chairman of the committee on bar permanent disqualification, may
be taken in the discretion of the passed regular fourth year review
court. classes as well as attended a pre-
Section 14. Passing average. — bar review course in a recognized
In order that a candidate may be law school.
deemed to have passed his
examinations successfully, he The professors of the individual
must have obtained a general review subjects attended by the
average of 75 per cent in all candidates under this rule shall
subjects, without falling below 50 certify under oath that the
per cent in any subjects. In candidates have regularly
determining the average, the attended classes and passed the
subjects in the examination shall subjects under the same
be given the following relative conditions as ordinary students
weights: Civil Law, 15 per cent; and the ratings obtained by them
Labor and Social Legislation, 10 in the particular subject.
per cent; Mercantile Law, 15 per
cent; Criminal Law; 10 per cent: D. Good Moral Character
Political and International Law,
15 per cent; Taxation, 10 per In re Al C. Argosino
B.M 712
cent; Remedial Law, 20 per cent;
Legal Ethics and Practical The Court ruled to have petitioner Al C. Argosino to
Exercises, 5 per cent. be allowed take the lawyer's oath, sign the Roll of
Section 15. Report of the Attorneys and practice the legal profession.
committee; filing of examination The Court recognizes that Argasino is not
papers. — Not later than inherently evil, On the contrary, the various
February 15th after the certifications show that he is a devout Catholic
examination, or as soon thereafter with a genuine concern for civic duties and public
as may be practicable, the service.
committee shall file its report on The Court is prepared to give him the benefit of the
the result of such examination. doubt and therefore has allowed Argosino to take
The examination papers and notes the lawyer’s oath, and sign the Roll of Attorneys.
of the committee shall be filed
with the clerk and may there be
examined by the parties in E. Law Student Practice rule
interest, after the court has
approved the report. • Rules of Court, Rule 138-A as amended
Section 16. Failing candidates to by A.M 19-03-24-SC
take review course. — Candidates
who have failed the bar ➢ Section 1. Coverage. - This rule
examinations for three times shall shall cover the limited practice of
be disqualified from taking law by students certified herein.
another examination unless they The limited practice of law covers
show the satisfaction of the court appearances, drafting and
that they have enrolled in and submission of pleadings and
 documents before trial and completed their first-year law
appellate courts and quasi- courses; and/or
judicial and administrative
(b) Level 2 certification, for law
bodies, assistance in mediation
students currently enrolled for the
and other alternative modes of
second semester of their third-
dispute resolution, legal
year law courses: Provided
counselling and advice, and such
however, where a student fails to
other activities that may be
complete all their third-year law
covered by the Clinical Legal
courses, the Level 2 certification
Education Program of the law
shall be deemed automatically
school as herein provided.
revoked. The certification issued
➢ Section 3. Eligibility
shall be valid until the student has
Requirements of Law Student
completed the required number of
Practitioners. – No law student
courses in the clinical legal
shall be permitted to engage in
education program to complete
any of the activities under the
the law degree, unless sooner
Clinical Legal Education
revoked for grounds stated herein.
Program of a law school unless
the law student has applied for
and secured the following
certifications:
(a) Level 1 certification, for law
students who have successfully
F. Non-Lawyers Authorized to Appear in Courts, Quasi-Judicial Agencies or Arbitration Tribunal.
G. Restriction/Prohibition on Government Lawyers.

Non-Lawyers who can Lawyers who are Lawyers Lawyers authorized

Practice Law absolutely prohibited from absolutely to do limited
engaging in private legal prohibited from practice of law
practice practicing law
• Law Students • President, Vice • Government • Senators
qualified in the President, Cabinet Lawyers Congressman
Law Students members (Article VII unless given who are lawyers
practice rule Sec 13 of the limited
(Rule-138-A Constitution, & authority
Section 3) Doctrine of Qualified practice
Political Agency
(Section
7(b)(2) R.A
6713)
A Punong
Barangay needs
to first secure
the DILG’s
 Secretary’s
written authority
before he could
accept clients
and defend them
in court. (Catu v
Atty. Rellosa
A.C 5738)
• Pro Hac Vice • Governors, • Vice Governor,
representation (Sec City/Municipal Mayors Vice Mayors,
33, Rule 138) (Section 90, LGC) members of the
Sanggunian
• Pro Se Practie • Solicitor General, • Government
(Secs. 33 to 34, Government Corporate Lawyers
Rule 138) Councel authorized to
engage in
limited law
practice
• DARAB Cases • Judges and Justices in • Retired Judges
(Section 50 RA the active service and
6657) SC officials/employees
(Section 35, Rule 138)
• Cadastral Cases • Government Lawyers • The Rules on
(Sec 9 Act 2259) unless given limited Small Claims
authority practice and Katarungan
(Section 7(b)(2) R.A Pambarangay
6713) put limits to a
lawyer’s
A Punong Barangay authority to
needs to first secure practice
the DILG’s
Secretary’s written
authority before he
could accept clients
and defend them in
court. (Catu v Atty.
Rellosa A.C 5738)
• Labor Cases (Art • Ombudsman and his • Lawyers
222, Labor Code) deputies (Art IX, Sec cannot
8(2nd par.) practice law
within one
year from
resignation,
retirement,
or
separation
from public
 office in
connection
with any
matter
before the
office he
used to be
with.
• Party • Members of the
representation Constitutional
before Katarungan Commission (Art IX-
Pambarangay (Sec A Sec 2)
415 LGC)
• Small Claim cases • Disbarred Lawyers
(A.M 08-8-7-SC) • Suspended Lawyers
• Dead Lawyers
• Lawyers residing
abroad
• Foreign Lawyers
• International anf
domestic
arbitrations (Sec
22 and 33 R.A
9285)

H. The Lawyer’s Oath Judicial, and/or administrative

tribunal.
I, do solemnly swear that I will
• Attorneys enjoy the presumption
maintain allegiance to the Republic of the
of regularity in the discharge of
Philippines, I will support the Constitution
his duty (His statements, if
and obey the laws as well as the legal orders
relevant or material to the case,
of the duly constituted authorities therein; I
are absolutely privileged
will do no falsehood, nor consent to the
regardless of their defamatory
doing of any in court; I will not wittingly or
tenor. He can speak freely and
willingly promote or sue any groundless,
courageously in proceedings
false or unlawful suit, or give aid nor
without the risk of criminal
consent to the same; I will delay no man for
prosecution.)
money or malice, and will conduct myself as
• Other privileges inherent in his
a lawyer according to the best of my
status as quasi-judicial officer:
knowledge and discretion, with all good
a. Passing the bar is
fidelity as well to the courts as to my clients;
equivalent to First-grade
and I impose upon myself these voluntary
Civil Service eligibility for
obligations without any mental reservation
any position in the
or purpose of evasion. So, help me God.
classified service of the
I. Privileges of a Lawyer government, the duties of
• The Privilege of practicing law which require knowledge
before the Judicial, Quasi- of law.
 b. Second-grade eligibility (b) To observe and maintain the
for any other government respect due to the courts of justice
position not requiring and judicial officers;
proficiency in the law.
(c) To counsel or maintain such
• The court, in admitting him to
actions or proceedings only as
practice, presents him to the public as
appear to him to be just, and such
worthy of its confidence and as a
defenses only as he believes to be
person fit and proper to assume and
honestly debatable under the law.
discharge the responsibilities of an
attorney. (d) To employ, for the purpose of
• Has the privilege to set the judicial maintaining the causes confided
machinery in motion. to him, such means only as are
consistent with truth and honor,
➢ He can stand up for his right and never seek to mislead the
or the right of his client even judge or any judicial officer by an
in the face of a hostile court. artifice or false statement of fact
➢ He has the right to protest, in or law;
respectful language, any
(e) To maintain inviolate the
unwarranted treatment of a
confidence, and at every peril to
witness or any unjustified
himself, to preserve the secrets of
delay.
his client, and to accept no
➢ The rights and privileges
compensation in connection with
which they enjoy as officers of
his client's business except from
the court are necessary for the
him or with his knowledge and
proper administration of
approval;
justice as for the protection of
attorney and his client. (f) To abstain from all offensive
➢ There can be no strong bar personality and to advance no fact
without courageous and prejudicial to the honor or
fearless attorneys. reputation of a party or witness,
➢ As a man of law, his is unless required by the justice of
necessarily a leader in the the cause with which he is
community, looked up to as a charged;
model citizen.
(g) Not to encourage either the
➢ Integrity, ability, and learning
commencement or the
often makes him qualified to
continuance of an action or
administer the Executive
proceeding, or delay any man's
Departments or the Legislative
cause, from any corrupt motive or
bodies.
interest;
Duties of a Lawyer (Rules of Court Section 20)
(h) Never to reject, for any
Duties of attorneys. — It is the consideration personal to himself,
duty of an attorney: the cause of the defenseless or
oppressed;
(a) To maintain allegiance to the
Republic of the Philippines and to (i) In the defense of a person
support the Constitution and obey accused of crime, by all fair and
the laws of the Philippines. honorable means, regardless of
 his personal opinion as to the • Rule 1.02 - A lawyer shall not
guilt of the accused, to present counsel or abet activities aimed at
every defense that the law defiance of the law or at lessening
permits, to the end that no person confidence in the legal system.
may be deprived of life or liberty, • Rule 1.03 - A lawyer shall not, for
but by due process of law. any corrupt motive or interest,
III. Lawyer’s Duties and Responsibilities under encourage any suit or proceeding or
the Code of Professional Responsibility. delay any man's cause.

• CANON 1 - A LAWYER SHALL Palencia v Linsangan

UPHOLD THE CONSTITUTION, A.C 10557
OBEY THE LAWS OF THE LAND The Court defined ambulance chasing as the
AND PROMOTE RESPECT FOR solicitation of almost any kind of legal business
LAW OF AND LEGAL by laymen employed by an attorney for the
PROCESSES. purpose or by the attorney himself.
•
In re Gutierrez Ambulance chasing has spawned recognized
A.C 363 evils and is prohibited because:

The Court ruled that the 1. It stirs up litigation with resulting

Pardon awarded to Diosdado Gutierrez burdens on courts and the public;
is not absolute, and is merely 2. Supports perjury.
conditional. Further the court specified 3. Defrauds innocent persons by
that Lawyers are one of the pillars of judgments, upon manufactured causes
Justice and thus are held at a high of actions.
standard. Lawyers should adhere to a 4. Defrauds injured persons having
high moral standard that do not waiver proper causes of action but ignorant of
with the violation of Gutierrez the Court legal rights and court procedure by
decided to disbar him. means of contracts which retain
exorbitant expenses and by settlement
• Rule 1.01 - A lawyer shall not made for quick returns of fees against
engage in unlawful, dishonest, the rights of the injured persons.
immoral or deceitful conduct.
Ventura v Samson
• Rule 1.04 - A lawyer shall encourage his
In the case the Court defined and clients to avoid, end or settle a controversy
distinguished Immoral conduct and gross if it will admit of a fair settlement.
immoral conduct. The Court defined Immoral
conduct as an act that are willful, flagrant, or • He should be a mediator for
shameless and that show a moral indifference concord and a conciliator for
to the opinion of the upright and respectable
compromise rather than an
members of the community.
instigator of controversy and a
Meanwhile, it is gross when it is corrupt predator of conflict, a true
as to constitute a criminal act, or so exponent of the primacyof truth
unprincipled as to be reprehensible to a high and moral justice rather than a
degree or committed under such scandalous or virtuoso of technicality in the
revolting circumstances as to shock the conduct of litigation. (Agpalo,
community’s sense of decency. 2009)
 shall secure a certification from the
• CANON 2 - A LAWYER SHALL Public Attorney's Office (PAO), the
MAKE HIS LEGAL SERVICES Department of Justice (DOJ) or
AVAILABLE IN AN EFFICIENT accredited association of the Supreme
AND CONVENIENT MANNER Court indicating that the said legal
COMPATIBLE WITH THE services to be provided are within the
INDEPENDENCE, INTEGRITY AND services defined by the Supreme Court,
EFFECTIVENESS OF THE and that the agencies cannot provide the
PROFESSION. legal services to be provided by the
private counsel.
• Rule 2.01 - A lawyer shall not reject, For purpose of determining the
except for valid reasons, the cause of number of hours actually provided by the
the defenseless or the oppressed. lawyer and/or professional firm in the
provision of legal services, the
RA 9999 (2006), Legal Aid association and/or organization duly
accredited by the Supreme Court shall
Section 2. Declaration of Policy. issue the necessary certification that said
It is the declared policy of the State legal services were actually undertaken.
to value the dignity of every human The certification issued by, among
person and guarantee the rights of every others, the PAO, the DOJ and other
individual, particularly those who cannot accredited association by the Supreme
afford the services of legal counsel. Court shall be submitted to the Bureau of
Furthermore, it is the policy of the Internal Revenue (BIR) for purposes of
State to promote a just and dynamic availing the tax deductions as provided
social order that will ensure the for in this Act and to the DOJ for purposes
prosperity and independence of the nation of monitoring.
and free the people from poverty through
policies and programs that provide
adequate social services and improve the RA 10389, Recognizance Act of 2012
quality of life for all. Section 3. Recognizance Defined. –
In addition, the State shall Recognizance is a mode of securing the release
guarantee free legal assistance to the of any person in custody or detention for the
poor and ensure that every person who commission of an offense who is unable to post
cannot afford the services of a counsel is bail due to abject poverty. The court where the
provided with a competent and case of such person has been filed shall allow the
independent counsel preferably of his/her release of the accused on recognizance as
own choice, if upon determination it provided herein, to the custody of a qualified
appears that the party cannot afford the member of the barangay, city or municipality
services of a counsel, and that services of where the accused resides.
a counsel are necessary to secure the ends Section 6. Requirements. – The competent court
of justice and protect of the party. where a criminal case has been filed against a
Section 4. Requirements for Availment. person covered under this Act shall, upon
motion, order the release of the detained person
For purposes of availing of the on recognizance to a qualified custodian:
benefits and services as envisioned in this
Act, a lawyer or professional partnership
Provided, that all of the following requirements secretary shall submit any
are complied with: resolution adopted under this Act
within twenty-four (24) hours from
(a) A sworn declaration by the person in
its passage to the mayor who shall
custody of his/her indigency or incapacity
act on it within the same period of
either to post a cash bail or proffer any
time from receipt thereof;
personal or real property acceptable as
sufficient sureties for a bail bond; (3) If the mayor or any person
acting as such, pursuant to law,
(b) A certification issued by the head of
fails to act on the said resolution
the social welfare and development office
within twenty-four (24) hours from
of the municipality or city where the
receipt thereof, the same shall be
accused actually resides, that the accused
deemed to have been acted upon
is indigent;
favorably by the mayor;
(c) The person in custody has been
(4) If the mayor or any person
arraigned;
acting as such, pursuant to law,
(d) The court has notified the city or disapproves the resolution, the
municipal sanggunian where the accused resolution shall be returned within
resides of the application for twenty-four (24) hours from
recognizance. The sanggunian shall disapproval thereof to the
include in its agenda the notice from the sanggunian presiding officer or
court upon receipt and act on the request secretary who shall be responsible
for comments or opposition to the in informing every member thereof
application within ten (10) days from that the sanggunian shall meet in
receipt of the notice. The action of the special session within twenty-four
sanggunian shall be in the form of a (24) hours from receipt of the veto
resolution, and shall be duly approved by for the sole purpose of considering
the mayor, and subject to the following to override the veto made by the
conditions: mayor.
(1) Any motion for the adoption of For the purpose of this Act, the
a resolution for the purpose of this resolution of the sanggunian of the
Act duly made before the municipality or city shall be
sanggunian shall he considered as considered final and not subject to
an urgent matter and shall take the review of the Sangguniang
precedence over any other Panlalawigan, a copy of which
business thereof: Provided, that a shall be forwarded to the trial
special session shall be called to court within three (3) days from
consider such proposed resolution date of resolution.
if necessary;
The resolution of the sanggunian
(e) The accused shall be properly
shall include in its resolution a list
documented, through such processes as,
of recommended organizations
but not limited to, photographic image
from whose members the court
reproduction of all sides of the face and
may appoint a custodian.
fingerprinting: Provided, That the costs
(2) The presiding officer of the involved for the purpose of this subsection
sanggunian shall ensure that its shall be shouldered by the municipality or
city that sought the release of the accused probability of flight if released on
as provided herein, chargeable to the recognizance;
mandatory five percent (5%) calamity
(f) There is a great risk that the accused
fund in its budget or to any other
may commit another crime during the
available fund in its treasury; and
pendency of the case; and
(f) The court shall notify the public
(g) The accused has a pending criminal
prosecutor of the date of hearing therefor
case which has the same or higher penalty
within twenty-four (24) hours from the
to the new crime he/she is being accused
filing of the application for release on
of.
recognizance in favor of the accused:
Provided, That such hearing shall be held
Algura v The Local Government Unit of the
not earlier than twenty-four (24) hours City of Naga, 506 SCRA 81
nor later than forty-eight (48) hours from
the receipt of notice by the prosecutor: The Rules of Court stated what is a pauper
Provided, further, That during said litigant specifically on:
hearing, the prosecutor shall be ready to Section 22. Pauper litigant. —Any court may
submit the recommendations regarding authorize a litigant to prosecute his action or
the application made under this Act, defense as a pauper upon a proper showing
wherein no motion for postponement shall that he has no means to that effect by
be entertained. affidavits, certificate of the corresponding
Section 7. Disqualifications for Release provincial, city or municipal treasurer, or
on Recognizance. – Any of the following otherwise. Such authority [,] once given [,]
circumstances shall be a valid ground for shall include an exemption from payment of
legal fees and from filing appeal bond,
the court to disqualify an accused from
printed record and printed brief. The legal
availing of the benefits provided herein:
fees shall be a lien to any judgment rendered
(a) The accused bad made untruthful in the case [favorable] to the pauper, unless
statements in his/her sworn affidavit the court otherwise provides.
prescribed under Section 5(a);
Further, Section 16. Pauper-litigants exempt
(b) The accused is a recidivist, quasi- from payment of court fees.—Pauper-litigants
recidivist, habitual delinquent, or has include wage earners whose gross income do
committed a crime aggravated by the not exceed P2,000.00 a month or P24,000.00
circumstance of reiteration; a year for those residing in Metro Manila, and
P1,500.00 a month or P18,000.00 a year for
(c) The accused had been found to have those residing outside Metro Manila, or those
previously escaped from legal who do not own real property with an
confinement, evaded sentence or has assessed value of not more than P24,000.00,
violated the conditions of bail or release or not more than P18,000.00 as the case may
on recognizance without valid be.
justification;
(d) The accused had previously • AM-17-03-09-SC (Rules on Community
committed a crime while on probation, Legal Aid Service)
parole or under conditional pardon;
(e) The personal circumstances of the ➢ SECTION 2. Rationale. -The legal
accused or nature of the facts profession is imbued with public
surrounding his/her case indicate the interest. As such, lawyers are charged
 with the duty to give meaning to the shall not refuse to render legal
guarantee of access to adequate legal advice to the person concerned if
assistance under Article III, Section only to the extent necessary to
11 of the 1987 Constitution by safeguard the latter's rights.
making their legal services available • Rule 2.03 - A lawyer shall not do or
to the public in an efficient and permit to be done any act designed
convenient manner compatible with primarily to solicit legal business.
the independence, integrity and • Rule 138 sec 27, Rules of
effectiveness of the profession. As a Court:
way to discharge this constitutional • Section 27. Attorneys
duty, lawyers are obliged to render removed or suspended
pro bono services to those who by Supreme Court on
otherwise would be denied access to what grounds. — A
adequate legal services. member of the bar may
➢ Section 4 (a) Covered lawyers-shall be removed or
refer to those who have successfully suspended from his
passed the Annual Bar Examinations office as attorney by the
and have signed the Roll of Attorneys Supreme Court for any
for that particular year; for purposes deceit, malpractice, or
of this Rule, it shall include those other gross misconduct
who will pass the 2017 Bar in such office, grossly
Examination and are admitted to the immoral conduct, or by
Bar in 2018. reason of his conviction
➢ Section 4 (b)(2): of a crime involving
• Representation of qualified moral turpitude, or for
litigants any violation of the
• Legal counseling. oath which he is
• Developmental Legal required to take before
Assistance. the admission to
• Legal services provided as part practice, or for a willful
of employment in the disobedience of any
judiciary, executive, or lawful order of a
legislative branches of superior court, or for
government. corruptly or willful
• Legal services provided to appearing as an
marginalized sectors and attorney for a party to a
identities case without authority
• Urban poor. so to do. The practice
• Workers/laborers. of soliciting cases at
• Overseas foreign law for the purpose of
workers. gain, either personally
• Children in conflict or through paid agents
with the law. or brokers, constitutes
• Persons involved in malpractice.
gender issues.
• Rule 2.02 - In such cases, even if the
lawyer does not accept a case, he
 In Re Tagorda. assumed name shall be used. The
continued use of the name of a
Tagorda’s actions are violative to the deceased partner is permissible
Code of Professional Ethics, the most worthy and
provided that the firm indicates in
effective advertisement possible, even for a
all its communications that said
young lawyer, and especially with his brother
partner is deceased.
lawyers, is the establishment of a well-merited
reputation for professional capacity and fidelity
Dacanay v Baker and McKenzie
to trust. Solicitation, directly and indirectly is
destructive of the honor of a great profession. It As pointed out by the Solicitor
lowers the standards of that profession. It works General, respondents' use of the firm
against the confidence of the community in the name Baker & McKenzie constitutes a
integrity of the members of the bar. It results in representation that being associated
needless litigation and in incenting to strife with the firm they could "render legal
otherwise peacefully inclined citizens. services of the highest quality to
multinational business enterprises and
others engaged in foreign trade and
investment" (p. 3, respondents' memo).
Ulep v The Legal Clinic This is unethical because Baker &
McKenzie is not authorized to practise
the use of simple signs stating the name
law here.
or names of the lawyers, the office and residence
address and fields of practice, as well as
advertisement in legal periodicals bearing the Nebreja v Reonel
same brief data, are permissible. Even the use of With regard to respondent’s
calling cards is now acceptable.21 Publication in misrepresentation of his office address, the
reputable law lists, in a manner consistent with case of Porac Trucking, Inc. v. Court of
the standards of conduct imposed by the canon, Appeals, sets an example. In the said case,
of brief biographical and informative data is the Court imposed a six-month suspension
likewise allowable. As explicitly stated in Ulep v. on the lawyer after it was established that
Legal Clinic, Inc the said lawyer indeed claimed to be a
• Rule 2.04 - A lawyer shall not charge lawyer of Porac Trucking, Inc. when, in
rates lower than those customarily truth and in fact, he was not. Still, in
prescribed unless the circumstances so another case, the same six (6) month
warrant. suspension was imposed on the erring
• CANON 3 - A LAWYER IN MAKING lawyer after it was established that he
claimed before the trial court to be a
KNOWN HIS LEGAL SERVICES
member of Citizens Legal Assistance Office
SHALL USE ONLY TRUE, HONEST,
when in truth, he was not.
FAIR, DIGNIFIED AND OBJECTIVE
INFORMATION OR STATEMENT
OF FACTS. • Rule 3.03 - Where a partner accepts public
• Rule 3.01 - A lawyer shall not use or office, he shall withdrawal from the firm
permit the use of any false, fraudulent, and his name shall be dropped from the
misleading, deceptive, undignified, self- firm name unless the law allows him to
laudatory or unfair statement or claim practice law currently.
regarding his qualifications or legal
services. • Constitution Art VI, Sec. 14:
• Rule 3.02 - In the choice of a firm ➢ No Senator or Member of the
name, no false, misleading or House of Representatives may
 personally appear as counsel Ombudsman, or as Secretaries,
before any court of justice or Undersecretaries, chairmen or
before the Electoral Tribunals, or heads of bureaus or offices,
quasi-judicial and other including government-owned or
administrative bodies. Neither controlled corporations and their
shall he, directly or indirectly, be subsidiaries.
interested financially in any
contract with, or in any franchise • Constitution Art 9, Sec 2.
or special privilege granted by the ➢ No member of a Constitutional
Government, or any subdivision, Commission shall, during his tenure,
agency, or instrumentality thereof, hold any other office or employment.
including any government-owned Neither shall he engage in the
or controlled corporation, or its practice of any profession or in the
subsidiary, during his term of active management or control of any
office. He shall not intervene in business which, in any way, may be
any matter before any office of the affected by the functions of his office,
Government for his pecuniary nor shall he be financially interested,
benefit or where he may be called directly or indirectly, in any contract
upon to act on account of his with, or in any franchise or privilege
office. granted by the Government, any of its
subdivisions, agencies, or
• Constitution Art 7, Section 13. instrumentalities, including
➢ The President, Vice-President, the government-owned or controlled
Members of the Cabinet, and their corporations or their subsidiaries.
deputies or assistants shall not,
unless otherwise provided in this • Rule 3.04 - A lawyer shall not pay or give
Constitution, hold any other office anything of value to representatives of the
or employment during their mass media in anticipation of, or in return
tenure. They shall not, during said for, publicity to attract legal business.
tenure, directly or indirectly,
practice any other profession, Cruz v Salva. 105 Phil 1151
participate in any business, or be
financially interested in any The members of the Court were greatly
disturbed by Salva’s actions. His actuations in this
contract with, or in any franchise,
regard went well beyond the bounds of prudence,
or special privilege granted by the
discretion and good taste. It is bad enough
Government or any subdivision,
to have such undue publicity when a criminal
agency, or instrumentality thereof,
case is being investigated by the authorities, even
including government-owned or
when it is being tried in court; but when
controlled corporations or their
said publicity and sensationalism is allowed,
subsidiaries. They shall strictly even encouraged, when the case is
avoid conflict of interest in the on appeal and is pending consideration by this
conduct of their office. The spouse Tribunal, the whole thing becomes inexcusable,
and relatives by consanguinity or even abhorrent, and this Court, in the interest of
affinity within the fourth civil justice, is constrained and called upon to put an
degree of the President shall not end to it and a deterrent against its repetition
during his tenure be appointed as by meting an appropriate disciplinary
members of the Constitutional measure, even a penalty to the one liable.
Commissions, or the Office of the
• CANON 4 - A LAWYER SHALL C. At least five (5) hours shall be
PARTICIPATE IN THE devoted to alternative dispute
DEVELOPMENT OF THE LEGAL resolution.
SYSTEM BY INITIATING OR D. At least nine (9) hours shall be
SUPPORTING EFFORTS IN LAW devoted to updates on
REFORM AND IN THE substantive and procedural
IMPROVEMENT OF THE laws, and jurisprudence.
ADMINISTRATION OF JUSTICE. E. At least four (4) hours shall be
• CANON 5 - A LAWYER SHALL KEEP devoted to legal writing and
ABREAST OF LEGAL oral advocacy.
DEVELOPMENTS, PARTICIPATE IN F. At least two (2) hours shall be
CONTINUING LEGAL EDUCATION devoted to international law
PROGRAMS, SUPPORT EFFORTS TO and international conventions.
ACHIEVE HIGH STANDARDS IN LAW G. The remaining six (6) hours
SCHOOLS AS WELL AS IN THE shall be devoted to such
PRACTICAL TRAINING OF LAW subjects as may be prescribed
STUDENTS AND ASSIST IN by the MCLE Committee.
DISSEMINATING THE LAW AND Rule 7:
JURISPRUDENCE.
Section 1. Parties exempted from the MCLE
B.M 850 (MCLE, as amended by the ➢ The following members of the Bar are
Supreme Court) exempt from the MCLE requirement:
• Rule 2: a. The President and the Vice
Section 1. Constitution of the MCLE President of the Philippines, and
Committee: the Secretaries and
Undersecretaries of Executives
➢ Within two (2) months from the Departments;
approval of these Rules by the b. Senators and Members of the
Supreme Court En Banc, the House of Representatives;
MCLE Committee shall be c. The Chief Justice and Associate
constituted in accordance with Justices of the Supreme Court,
these Rules. incumbent and retired members of
Section 2. Requirements of completion the judiciary, incumbent members
of MCLE: of the Judicial and Bar Council
and incumbent court lawyers
➢ Members of the IBP not exempt covered by the Philippine Judicial
under Rule 7 shall complete, Academy program of continuing
every three (3) years, at least judicial education;
thirty-six (36) hours of continuing d. The Chief State Counsel, Chief
legal education activities State Prosecutor and Assistant
approved by the MCLE Secretaries of the Department of
Committee. Of the 36 hours: Justice;
A. At least six (6) hours shall be e. The Solicitor General and the
devoted to legal ethics. Assistant Solicitor General;
B. At least (4) hours shall be f. The Government Corporate
devoted to trial and pretrial Counsel, Deputy and Assistant
skills. Government Corporate Counsel;
 g. The Chairmen and Members of period requirement may be counted
the Constitutional Commissions; toward meeting the current compliance
h. The Ombudsman, the Overall period requirement.
Deputy Ombudsman, the Deputy
Ombudsmen and the Special • Section 2. Termination of delinquent listing
Prosecutor of the Office of the administrative process.
Ombudsman; ➢ The termination of listing as a delinquent
i. Heads of government agencies member is administrative in nature but it
exercising quasi-judicial shall be made with notice and hearing by
functions; the MCLE Committee.
j. Incumbent deans, bar reviews and
professors of law who have B.M 1922 (Supreme Court Resolution January
teaching experience for at least 10 14, 2014)
years accredited law schools; Arnado v Adaza
k. The Chancellor, Vice-Chancellor
and members of the Corps of As stated in the case of Arnado vs Adaza,
Professors and Professorial aside from Adaza failing to comply with the MCLE
Lectures of the Philippine Judicial requirement, his other faults are: (1) Respondent
applied exemption only on the first and second
Academy; and
compliance period, yet he still did not comply on
l. Governors and Mayors. the third compliance period, and (2) Respondent
➢ Section 2. Other parties exempted from failed to inquire or follow up on the status of his
the MCLE application for exemption which resulted to him
A. The following Members of the Bar being ignorant of the fact that his applications
are likewise exempt: were rejected.
(a) Those who are not in law
practice, private or public. CANON 6 - THESE CANONS SHALL
(b) Those who have retired from APPLY TO LAWYERS IN GOVERNMENT
law practice with the approval SERVICES IN THE DISCHARGE OF
of the IBP Board of THEIR TASKS.
Governors.
RA 6713 (1989) Section 4:
RULE 14: REINSTATEMENT
Norms of Conduct of Public Officials and
• Section 1. Process Employees. –
➢ The involuntary listing as a delinquent
member shall be terminated when the • Every public official and employee shall
member provides proof of compliance observe the following as standards of
with the MCLE requirement, including personal conduct in the discharge and
payment of non-compliance fee. A execution of official duties:
member may attain the necessary credit A. Commitment to public interest. -
hours to meet the requirement for the Public officials and employees shall
period of non-compliance during the always uphold the public interest over
period the member is on inactive status. and above personal interest. All
These credit hours may not be counted government resources and powers of
toward meeting the current compliance their respective offices must be
period requirement. Credit hours employed and used efficiently,
attained during the period of non- effectively, honestly and
compliance in excess of the number economically, particularly to avoid
needed to satisfy the prior compliance wastage in public funds and revenues.
B. Professionalism. - Public officials consultations and hearings whenever
and employees shall perform and appropriate, encourage suggestions,
discharge their duties with the highest simplify and systematize policy, rules
degree of excellence, and procedures, avoid red tape and
professionalism, intelligence and develop an understanding and
skill. They shall enter public service appreciation of the socio-economic
with utmost devotion and dedication conditions prevailing in the country,
to duty. They shall endeavor to especially in the depressed rural and
discourage wrong perceptions of their urban areas.
roles as dispensers or peddlers of F. Nationalism and patriotism. - Public
undue patronage. officials and employees shall at all
C. Justness and sincerity. - Public times be loyal to the Republic and to
officials and employees shall remain the Filipino people, promote the use
true to the people at all times. They of locally produced goods, resources
must act with justness and sincerity and technology and encourage
and shall not discriminate against appreciation and pride of country and
anyone, especially the poor and the people. They shall endeavor to
underprivileged. They shall at all maintain and defend Philippine
times respect the rights of others, and sovereignty against foreign intrusion.
shall refrain from doing acts contrary G. Commitment to democracy. - Public
to law, good morals, good customs, officials and employees shall commit
public policy, public order, public themselves to the democratic way of
safety and public interest. They shall life and values, maintain the principle
not dispense or extend undue favors of public accountability, and manifest
on account of their office to their by deeds the supremacy of civilian
relatives whether by consanguinity or authority over the military. They shall
affinity except with respect to at all times uphold the Constitution
appointments of such relatives to and put loyalty to country above
positions considered strictly loyalty to persons or party.
confidential or as members of their H. Simple living. - Public officials and
personal staff whose terms are employees and their families shall
coterminous with theirs. lead modest lives appropriate to their
D. Political neutrality. - Public officials positions and income. They shall not
and employees shall provide service indulge in extravagant or ostentatious
to everyone without unfair display of wealth in any form.
discrimination and regardless of party • The Civil Service Commission shall adopt
affiliation or preference. positive measures to promote (1) observance
E. Responsiveness to the public. - of these standards including the
Public officials and employees shall dissemination of information programs and
extend prompt, courteous, and workshops authorizing merit increases
adequate service to the public. Unless beyond regular progression steps, to a
otherwise provided by law or when limited number of employees recognized by
required by the public interest, public their office colleagues to be outstanding in
officials and employees shall provide their observance of ethical standards; and (2)
information of their policies and continuing research and experimentation on
procedures in clear and measures which provide positive motivation
understandable language, ensure to public officials and employees in raising
openness of information, public
 the general level of observance of these
standards. Vitriolo v Dasig.

Generally speaking, a lawyer who holds a

Pimentel v Fabros government office may not be disciplined as a
By certifying to false figures, they member of the Bar for misconduct in the
committed misconduct subject to disciplinary discharge of his duties as a government official.
action. In fact, by invoking the defenses of honest However, if said misconduct as a
mistake, oversight due to fatigue, even simple government official also constitutes a violation of
negligence, respondents virtually admitted the his oath as a lawyer, then he may be disciplined
existence of the discrepancies in the number of by this Court as a member of the Bar.
votes reflected in the questioned documents. As In this case, the record shows that the
public officers, respondents failed to live up to the respondent, on various occasions, during her
high degree of excellence, professionalism, tenure as OIC, Legal Services, CHED, attempted to
intelligence and skill required of them. extort from Betty C. Mangohon, Rosalie B. Dela
Torre, Rocella G. Eje, and Jacqueline N. Ng sums
As lawyers, they were found to have of money as consideration for her favorable
engaged in unlawful, dishonest, immoral and action on their pending applications or requests
deceitful conduct. They also violated their oath as before her office.
officers of the court to foist no falsehood on We find that respondent's misconduct as
anyone. Furthermore, by express provision of a lawyer of the CHED is of such a character as to
Canon 6 of the Code of Professional affect her qualification as a member of the Bar,
Responsibility, the avoidance of such conduct is for as a lawyer, she ought to have known that it
demanded of them as lawyers in the government was patently unethical and illegal for her to
service. demand sums of money as consideration for the
approval of application and requests awaiting
Rule 6.01 - The primary duty of a lawyer action by her office
engaged in public prosecution is not to convict
but to see that justice is done. The suppression
of facts or the concealment of witnesses
capable of establishing the innocence of the Rule 6.03 - A lawyer shall not, after leaving
accused is highly reprehensible and is cause government service, accept engagement or
for disciplinary action. employment in connection with any matter in
which he had intervened while in said service.
Spouses Buffe v Secretary Raul Gonzales
RA 6713, Sec 7(b):
The IBP has no jurisdiction over
Section 7. Prohibited Acts and Transactions. -
government lawyers who are charged with
administrative offenses involving their official In addition to acts and omissions of public
duties. For such acts, government lawyers fall officials and employees now prescribed in the
under the disciplinary authority of either their Constitution and existing laws, the following
superior21 or the Ombudsman.22 Moreover, shall constitute prohibited acts and transactions
an anomalous situation will arise if the IBP of any public official and employee and are
asserts jurisdiction and decides against a hereby declared to be unlawful:
government lawyer, while the disciplinary
authority finds in favor of the government (b) Outside employment and other activities
lawyer. related thereto. - Public officials and employees
during their incumbency shall not:
1. Own, control, manage or accept
Rule 6.02 - A lawyer in the government service employment as officer, employee,
shall not use his public position to promote or consultant, counsel, broker, agent,
advance his private interests, nor allow the trustee or nominee in any private
latter to interfere with his public duties.
 enterprise regulated, supervised management of public affairs and public
or licensed by their office unless property as well as to establish effective
expressly allowed by law; practices aimed at the prevention of graft
2. Engage in the private practice of and corruption in government. Towards
their profession unless authorized this end, the State shall maintain honesty
by the Constitution or law, and responsibility among its public
provided, that such practice will officials and employees, and shall take
not conflict or tend to conflict appropriate measures to promote
with their official functions; or transparency in each agency with regard
3. Recommend any person to any to the manner of transacting with the
position in a private enterprise public, which shall encompass a
which has a regular or pending program for the adoption of simplified
official transaction with their procedures that will reduce red tape and
office. expedite transactions in government.

Query of Atty Karen M. Silverio Buffet

The Lawyers and the Legal Profession

Under both Canon 3 and RA 6713, a CANON 7 - A LAWYER SHALL AT ALL

common objective is to avoid any conflict of TIMES UPHOLD THE INTEGRITY AND
interest on the part of the employee who may DIGNITY OF THE LEGAL PROFESSION
wittingly or unwittingly use confidential AND SUPPORT THE ACTIVITIES OF THE
information acquired from his employment, or INTEGRATED BAR.
use his or her familiarity with court personnel
still with the previous office
Fernandez v Grecia
Atty Grecia descending to the level
of a common thief, respondent has
R.A 3019 Sec 3 (d) demeaned and disgraced the legal
profession. He has demonstrated his moral
• Section 3. Corrupt practices of public unfitness to continue as a member of the
officers. In addition to acts or omissions of honorable fraternity of lawyers. He has
public officers already penalized by existing forfeited his membership in the BAR. His
law, the following shall constitute corrupt actions such as instructing his “driver” and
practices of any public officer and are tearing certain pages of the file certainly
hereby declared to be unlawful: violates Canon 7. It not only tarnishes the
legal system, it lowers the trust by the
(d) Accepting or having any member of public on the system.
his family accept employment in a
private enterprise which has pending
official business with him during the REPUBLIC ACT No. 6397: AN ACT
pendency thereof or within one year after PROVIDING FOR THE
its termination. INTEGRATION OF THE
PHILIPPINE BAR, AND
RA. 9485: APPROPRIATING FUNDS
➢ SECTION 1. Short Title. - This Act shall THEREFOR.
be known as the "Anti-Red Tape Act of ➢ Section 1. Within two years from the
2007". approval of this Act, the Supreme Court
➢ SEC. 2. Declaration of Policy. - It is may adopt rules of court to effect the
hereby declared the policy of the State to integration of the Philippine Bar under
promote integrity, accountability, proper such conditions as it shall see fit in order
 to raise the standards of the legal respect to character, education, or other
profession, improve the administration of relevant attribute.
justice, and enable the bar to discharge • Rule 7.03 - A lawyer shall not engage in
its public responsibility more effectively. conduct that adversely reflects on his
➢ Section 2. The sum of five hundred fitness to practice law, nor shall he whether
thousand pesos is hereby appropriated, in public or private life, behave in a
out of any funds in the National Treasury scandalous manner to the discredit of the
not otherwise appropriated, to carry out legal profession.
the purposes of this Act. Thereafter, such
sums as may be necessary for the same Guevarra v Eala
purpose shall be included in the annual
appropriations for the Supreme Court. Respondent Eala through his
actions, seemingly made fun of the
law and took light of his privileges as
RULE 139-A a lawyer. His unrepentance and alibis
further made the court believe that
➢ Section 9. Membership dues. — he is unfit for the profession.
Every member of the Integrated
Bar shall pay such annual dues as
the Board of Governors shall • CANON 8 - A LAWYER SHALL
determine with the approval of the CONDUCT HIMSELF WITH
Supreme Court. A fixed sum COURTESY, FAIRNESS AND CANDOR
equivalent to ten percent (10%) of TOWARDS HIS PROFESSIONAL
the collection from each Chapter COLLEAGUES, AND SHALL AVOID
shall be set aside as a Welfare HARASSING TACTICS AGAINST
Fund for disabled members of the OPPOSING COUNSEL.
Chapter and the compulsory heirs
Reyes v Chiong
of deceased members thereof.
➢ Section 10. Effect of non-payment As in the case stated,
of dues. — Subject to the Respondent Chiong filed a Civil
provisions of Section 12 of this Complaint for the collection of a sum
Rule, default in the payment of of money and damages as well as for
annual dues for six months shall the dissolution of a business venture
against complainant, Xu, and
warrant suspension of
Prosecutor Salanga, when clearly as
membership in the Integrated Bar, stated by the Court, there was no
and default in such payment for legal ground for the complaint,
one year shall be a ground for the therefore his actions constitute
removal of the name of the unfairness and discourtesy towards
delinquent member from the Roll his colleagues.
of Attorneys.
• Rule 7.01 - A lawyer shall be answerable
for knowingly making a false statement or • Rule 8.01 - A lawyer shall not, in his
suppressing a material fact in connection professional dealings, use language which
with his application for admission to the is abusive, offensive or otherwise improper.
bar.
• Rule 7.02 - A lawyer shall not support the
application for admission to the bar of any
person known by him to be unqualified in
 (b) Where a lawyer undertakes to
complete unfinished legal business of a
deceased lawyer; or
Spouses Nuezca v Atty Ernesto (c) Where a lawyer or law firm includes
Villagracia non-lawyer employees in a retirement
plan even if the plan is based in whole
As stated in the case of
or in part, on a profit-sharing
Spouses Nuezca vs Atty Villagracia,
although a lawyer should be forceful
agreement.
and emphatic, he should still carry a
certain standing, dignity, and
respect. A lawyer should not use The Lawyer and the Courts
crude, and offensive words. A
CANON 10 - A LAWYER OWES
lawyer’s words can be convincing
and not derogatory. A lawyer should CANDOR, FAIRNESS AND GOOD
always remember to carry his FAITH TO THE COURT.
profession with him, and must
Masinsin v Albano
conduct themselves with honor at all
times. Any act on the part of a lawyer,
an officer of the court, which visibly
tends to obstruct, pervert, impede and
• Rule 8.02 - A lawyer shall not, directly or degrade the administration of justice is
contumacious calling for both an
indirectly, encroach upon the professional exercise of disciplinary action and
employment of another lawyer, however, it warranting application of the contempt
is the right of any lawyer, without fear or power
favor, to give proper advice and assistance
to those seeking relief against unfaithful or
neglectful counsel.
Ting Dumali v Torres
• CANON 9 - A LAWYER SHALL NOT,
DIRECTLY OR INDIRECTLY, ASSIST Respondent clearly violated
IN THE UNAUTHORIZED PRACTICE Canon 10 when he permitted Marcelina
OF LAW. to falsely testify that she had no siblings
aside from Felicisima and when he
offered such testimony in the petition
• Rule 9.01 - A lawyer shall not delegate to for reconstitution of the title involving
any unqualified person the performance of Lot 1605.
any task which by law may only be
performed by a member of the bar in good
standing.
• Rule 10.01 - A lawyer shall not do any
• Rule 9.02 - A lawyer shall not divide or
falsehood, nor consent to the doing of any
stipulate to divide a fee for legal services
in Court; nor shall he mislead, or allow the
with persons not licensed to practice law,
Court to be misled by any artifice.
(a) Where there is a pre-existing
agreement with a partner or
associate that, upon the latter's
death, money shall be paid over a
reasonable period of time to his
estate or to persons specified in
the agreement; or
 • Rule 10.03 - A lawyer shall observe the
Vasco-Tamayo v Daquis rules of procedure and shall not misuse
Complainant alleged that her them to defeat the ends of justice.
signature was forged, and with further
investigation, it was proven to be • CANON 11 - A LAWYER SHALL
forged. Now, there are no evidence to OBSERVE AND MAINTAIN THE
prove that respondent forged RESPECT DUE TO THE COURTS AND
complainant's signature, the fact
TO JUDICIAL OFFICERS AND
remains that respondent allowed a
forged signature to be used on a
SHOULD INSIST ON SIMILAR
petition she prepared and notarized CONDUCT BY OTHERS.
which constitutes a violation of both • Rule 11.01 - A lawyer shall appear in court
Canon 10.1 and Canon 7.03 properly attired.

➢ Should be a Barong Tagalog or a

• Rule 10.02 - A lawyer shall not knowingly coat and tie, either of which is the
misquote or misrepresent the contents of a ➢ recognized formal attire in the
paper, the language or the argument of country.
opposing counsel, or the text of a decision ➢ Respect to the court must begin with
or authority, or knowingly cite as law a the lawyer’s outward physical
provision already rendered inoperative by appearance in court.
repeal or amendment, or assert as a fact ➢ Sloppy or informal attire adversely
that which has not been proved. reflects on the lawyer and demeans
the dignity and solemnity of the court
In re Lozano, A.M 10-1-13-SC proceedings.
➢ If he dresses improperly, he may be
Professional misconduct
involving the misuse of constitutional
cited for contempt.
provisions for the purpose of insulting • Rule 11.02 - A lawyer shall punctually
Members of this Court is a serious appear at court hearings.
breach of the rigid standards that a ➢ Inexcusable absence from, or
member of good standing of the legal repeated tardiness in attending a pre-
profession must faithfully comply trial or hearing may subject the
with. Thus, the penalty of indefinite lawyer to disciplinary action and may
suspension was imposed. However, in prejudice his client who may be
the past two years during which Atty. declared in default.
Lozano has been suspended, he has ➢ A lawyer shows respect to the court
repeatedly expressed his willingness
by appearing during the trial
to admit his error, to observe the rules
and standards in the practice of law,
punctually and in proper attire.
and to serve the ends of justice if he ➢ He owes it to his client, to the court,
should be reinstated. And in these two and to the public.
years, this Court has not been • Rule 11.03 - A lawyer shall abstain from
informed of any act that would scandalous, offensive or menacing
indicate that Atty. Lozano had acted in language or behavior before the Courts.
any unscrupulous practices • Rule 11.04 - A lawyer shall not attribute to
unsuitable to a member of the bar. a Judge motives not supported by the
record or have no materiality to the case.
• Rule 11.05 - A lawyer shall submit • Constitution III sec 16
grievances against a Judge to the proper o Section 16. All persons shall have the
authorities only. right to a speedy disposition of their
➢ Constitution Article VIII Section 6. cases before all judicial, quasi-
▪ The Supreme Court shall have judicial, or administrative bodies.
administrative supervision •
over all courts and the Rule 12.01 - A lawyer shall not appear for
personnel thereof. trial unless he has adequately prepared
himself on the law and the facts of his case,
Maceda v Vasquez
the evidence he will adduce and the order
OMBUDSMAN CANNOT of its preference. He should also be ready
SUBPOENA SUPREME COURT AND with the original documents for
ITS PERSONNEL; REASON. — The comparison with the copies.
Ombudsman cannot compel this Court, o Rule 18.02 - A lawyer shall not
as one of the three branches of handle any legal matter without
government, to submit its records, or to adequate preparation
allow its personnel to testify on this
matter, as suggested by public Rule 12.02 - A lawyer shall not file multiple
respondent Abiera in his affidavit- actions arising from the same cause.
complaint. The rationale for the
foregoing pronouncement is evident in o Forum shopping is the improper
this case. Administratively, the question practice of going from one court to
before Us is this: should a judge, having another in the hope of securing a
been granted by this Court an extension favorable relief in one court which
of time to decide cases before him, another court has denied or the filing of
report these cases in his certificate of repetitious suits or proceedings in
service? As this question had not yet different courts concerning substantially
been raised with, much less resolved by, the same subject matter.
this Court, how could the Ombudsman
resolve the present criminal complaint Rule 12.03 - A lawyer shall not, after obtaining
that requires the resolution of said extensions of time to file pleadings,
question? memoranda or briefs, let the period lapse
without submitting the same or explaining his
failure to do so.
• CANON 12 - A LAWYER SHALL EXERT o Pressure of work or the need for more
EVERY EFFORT AND CONSIDER IT time to finish the job often constrains a
HIS DUTY TO ASSIST IN THE SPEEDY lawyer to ask the court for an extension
AND EFFICIENT ADMINISTRATION of time to file a pleading, memorandum,
OF JUSTICE. or brief. The lawyer’s failure to make an
• Rules of Court, Rule 138 explanation constitutes discourtesy to the
o Section 20. Duties of attorneys. — It court.
is the duty of an attorney: o Where a lawyer’s motion for extension of
▪ (g) Not to encourage either the time to file a pleading, memorandum or
commencement or the brief has remained unacted by the court,
continuance of an action or the least that is expected of him is to file
proceeding, or delay any man's it within the period asked for.
cause, from any corrupt motive or
interest;
 o A lawyer should use those rules for the
purpose and not for its frustration.

Chua v Castro
Saa v IBP-CBD
The operative phrase for causing
delay in any suit or proceeding under Rule The Court strongly disapprove of Atty.
1.03 is "for any corrupt motive or Venida’s blatant refusal to comply with
interest." Considering that this matter various court directives. As a lawyer, he had
concerned Atty. De Castro's state of mind, the responsibility to follow legal orders and
it absolutely behooved Chua to present processes. Yet, he disregarded this very
sufficient evidence of the overt acts
important canon of legal ethics when he filed
committed by Atty. De Castro that
only a partial comment on January 26, 1993
demonstrated his having deliberately
intended thereby to do wrong or to cause or 11 months after being directed to do so in
damage to him and his business. That the February 17, 1992 resolution. Worse, he
demonstration, however, was not made by filed his complete comment only on June 14,
Chua. 1995 or a little over three years after due
date. In both instances, he managed to delay
On the contrary, there was a clear the resolution of the case, a clear violation of
indication that the postponements of the Canon 12 and Rules 1.03 and 12.04 of the
hearing at Atty. De Castro's instance were Code of Professional Responsibility.
mostly sanctioned by the trial court, which
negated or foreclosed malice, or Yet again, Atty. Venida failed to file a
dishonesty, or deceit, or grave memorandum within the period required in
misconduct. The motions to re-set were our May 17, 2004 resolution. Despite the 30-
based on grounds such as the possibility day deadline to file his memorandum, he still
for an amicable settlement, trips abroad did not comply. As if taunting authority, he
for an emergency medical treatment, and continually ignored our directives for him to
to attend a son's graduation from the show cause and comply with the May 17,
University of California, which are not 2004 resolution.
flimsy excuses.

Rule 12.05 - A lawyer shall refrain from

Rule 12.04 - A lawyer shall not unduly delay a
talking to his witness during a break or recess
case, impede the execution of a judgment or
in the trial, while the witness is still under
misuse Court processes.
examination.
o For where a lawyer insisted on the
Rule 12.06 - A lawyer shall not knowingly
client’s patently unmeritorious case or
assist a witness to misrepresent himself or to
interposed an appeal merely to delay
impersonate another.
litigation or thwart the prompt
satisfaction of the prevailing party’s just Rule 12.07 - A lawyer shall not abuse,
and valid claim, the court may adjudge browbeat or harass a witness nor needlessly
the lawyer liable to pay treble costs. inconvenience him.
o Procedural rules are precisely designed
PRESIDENTIAL DECREE No. 1829
to accomplish the purpose of rendering
justice to the parties to a lawsuit free PENALIZING OBSTRUCTION OF
from the ―law’s delays. APPREHENSION AND PROSECUTION OF
CRIMINAL OFFENDERS
WHEREAS, crime and violence continue to e) delaying the prosecution of criminal
proliferate despite the sustained vigorous cases by obstructing the service of
efforts of the government to effectively contain process or court orders or disturbing
them; proceedings in the fiscal's offices, in
Tanodbayan, or in the courts;
WHEREAS, to discourage public indifference
f) making, presenting or using any record,
or apathy towards the apprehension and
document, paper or object with
prosecution of criminal offenders, it is
knowledge of its falsity and with intent to
necessary to penalize acts which obstruct or
affect the course or outcome of the
frustrate or tend to obstruct or frustrate the
investigation of, or official proceedings
successful apprehension and prosecution of
in, criminal cases;
criminal offenders;
g) soliciting, accepting, or agreeing to
Section 1. The penalty of prision correccional accept any benefit in consideration of
in its maximum period, or a fine ranging from abstaining from, discounting, or
1,000 to 6,000 pesos, or both, shall be imposed impeding the prosecution of a criminal
upon any person who knowingly or willfully offender;
obstructs, impedes, frustrates or delays the h) threatening directly or indirectly another
apprehension of suspects and the investigation with the infliction of any wrong upon his
and prosecution of criminal cases by person, honor or property or that of any
committing any of the following acts: immediate member or members of his
family in order to prevent such person
a) preventing witnesses from testifying in from appearing in the investigation of, or
any criminal proceeding or from official proceedings in, criminal cases,
reporting the commission of any offense or imposing a condition, whether lawful
or the identity of any offender/s by means or unlawful, in order to prevent a person
of bribery, misrepresentation, deceit, from appearing in the investigation of or
intimidation, force or threats; in official proceedings in, criminal
b) altering, destroying, suppressing or cases;
concealing any paper, record, document, i) giving of false or fabricated information
or object, with intent to impair its verity, to mislead or prevent the law
authenticity, legibility, availability, or enforcement agencies from apprehending
admissibility as evidence in any the offender or from protecting the life or
investigation of or official proceedings property of the victim; or fabricating
in, criminal cases, or to be used in the information from the data gathered in
investigation of, or official proceedings confidence by investigating authorities
in, criminal cases; for purposes of background information
c) harboring or concealing, or facilitating and not for publication and publishing or
the escape of, any person he knows, or disseminating the same to mislead the
has reasonable ground to believe or investigator or to the court.
suspect, has committed any offense under j) If any of the acts mentioned herein is
existing penal laws in order to prevent penalized by any other law with a higher
his arrest prosecution and conviction; penalty, the higher penalty shall be
d) publicly using a fictitious name for the imposed.
purpose of concealing a crime, evading
prosecution or the execution of a Rule 12.08 - A lawyer shall avoid testifying in
judgment, or concealing his true name behalf of his client, except:
and other personal circumstances for the
same purpose or purposes;
 (a) on formal matters, such as the o Newspaper publications by a lawyer
mailing, authentication or custody of an concerning pending litigation may
instrument, and the like; or interfere with a fair trial and
prejudice the impartial
(b) on substantial matters, in cases
administration of justice.
where his testimony is essential to the
o The restriction, however, does not
ends of justice, in which event he must,
prohibit issuance of statements made
during his testimony, entrust the trial of
by public officials charged with the
the case to another counsel.
duty of prosecuting or defending
• CANON 13 - A LAWYER SHALL RELY actions in court.
UPON THE MERITS OF HIS CAUSE o However, such statements should
AND REFRAIN FROM ANY avoid any statement of fact likely to
IMPROPRIETY WHICH TENDS TO create an adverse attitude in the
INFLUENCE, OR GIVES THE public mind.
APPEARANCE OF INFLUENCING THE
Cruz v Salva. 105 Phil 1151
COURT.
o Improper acts lessen the confidence The members of the Court were greatly
of the public in the impartial disturbed by Salva’s actions. His actuations in this
administration of justice and should regard went well beyond the bounds of prudence,
be avoided. discretion and good taste. It is bad enough
• Rule 13.01 - A lawyer shall not extend to have such undue publicity when a criminal
extraordinary attention or hospitality to, case is being investigated by the authorities, even
nor seek opportunity for cultivating when it is being tried in court; but when
familiarity with Judges. said publicity and sensationalism is allowed,
o The unusual attention may subject even encouraged, when the case is
both the judge and the lawyer to on appeal and is pending consideration by this
suspicion. Tribunal, the whole thing becomes inexcusable,
▪ The common practice of some even abhorrent, and this Court, in the interest of
lawyers making judges and justice, is constrained and called upon to put an
end to it and a deterrent against its repetition
prosecutors godfathers of their
by meting an appropriate disciplinary
children to enhance their
measure, even a penalty to the one liable.
influence and their law
practice should be avoided by
judges and lawyers alike. • Rule 13.03 - A lawyer shall not brook or
▪ A lawyer should not see a invite interference by another branch or
judge in chamber and talk to agency of the government in the normal
him about a case he is course of judicial proceedings.
handling and pending in the CANON 14 - A LAWYER SHALL NOT
judge’s court. REFUSE HIS SERVICES TO THE NEEDY.
▪ A lawyer should not
communicate to the judge the • Rule 14.01 - A lawyer shall not decline to
merits of a pending case. represent a person solely on account of the
• Rule 13.02 - A lawyer shall not make latter's race, sex. creed or status of life, or
public statements in the media regarding a because of his own opinion regarding the
pending case tending to arouse public guilt of said person.
opinion for or against a party. • Rule 138 sec 20:
o Section 20. Duties of attorneys. — It man's cause, from any
is the duty of an attorney: corrupt motive or interest;
▪ (a) To maintain allegiance to ▪ (h) Never to reject, for any
the Republic of the consideration personal to
Philippines and to support the himself, the cause of the
Constitution and obey the defenseless or oppressed;
laws of the Philippines. ▪ (i) In the defense of a person
▪ (b) To observe and maintain accused of crime, by all fair
the respect due to the courts and honorable means,
of justice and judicial regardless of his personal
officers; opinion as to the guilt of the
▪ (c) To counsel or maintain accused, to present every
such actions or proceedings defense that the law permits,
only as appear to him to be to the end that no person may
just, and such defenses only be deprived of life or liberty,
as he believes to be honestly but by due process of law.
debatable under the law. • B.M 2012 (MCLAS)
▪ (d) To employ, for the o SECTION 2. Purpose. - This Rule
purpose of maintaining the seeks to enhance the duty of lawyers
causes confided to him, such to society as agents of social change
means only as are consistent and to the courts as officers thereof
with truth and honor, and by helping improve access to justice
never seek to mislead the by the less privileged members of
judge or any judicial officer society and expedite the resolution of
by an artifice or false cases involving them. Mandatory free
statement of fact or law; legal service by members of the bar
▪ (e) To maintain inviolate the and their active support thereof will
confidence, and at every peril aid the efficient and effective
to himself, to preserve the administration of justice especially in
secrets of his client, and to cases involving indigent and pauper
accept no compensation in litigants.
connection with his client's o SECTION 3. Scope. - This Rule shall
business except from him or govern the mandatory requirement
with his knowledge and for practicing lawyers to render free
approval; legal aid services in all cases
▪ (f) To abstain from all (whether, civil, criminal or
offensive personality and to administrative) involving indigent
advance no fact prejudicial to and pauper litigants where the
the honor or reputation of a assistance of a lawyer is needed. It
party or witness, unless shall also govern the duty of other
required by the justice of the members of the legal profession to
cause with which he is support the legal aid program of the
charged; Integrated Bar of the Philippines.
▪ (g) Not to encourage either
the commencement or the • Rule 14.02 - A lawyer shall not decline,
continuance of an action or except for serious and sufficient cause, an
proceeding, or delay any appointment as counsel de officio or as
amicus curiae, or a request from the
 Integrated Bar of the Philippines or any of in localities where such members of
its chapters for rendition of free legal aid. the bar are not available, the court
o Rule 138, sec 31, 20(h) may appoint any person, resident of
▪ Section 31. Attorneys for the province and of good repute for
destitute litigants. — A court probity and ability, to defend the
may assign an attorney to accused. (7a)
render professional aid free of o Section 8. Time for counsel de oficio
charge to any party in a case, to prepare for arraignment. —
if upon investigation it Whenever a counsel de oficio is
appears that the party is appointed by the court to defend the
destitute and unable to employ accused at the arraignment, he shall
an attorney, and that the be given a reasonable time to consult
services of counsel are with the accused as to his plea before
necessary to secure the ends of proceeding with the arraignment. (8)
justice and to protect the • Rule of Court, Rule 124, sec 2.
rights of the party. It shall be o Section 2. Appointment of counsel
the duty of the attorney so de oficio for the accused. — If it
assigned to render the appears from the record of the case
required service, unless he is as transmitted that (a) the accused is
excused therefrom by the court confined in prison, (b) is without
for sufficient cause shown. counsel de parte on appeal, or (c) has
▪ Section 20—Duties of an signed the notice of appeal himself,
Attorney: the clerk of court of the Court of
• (h) Never to reject, for Appeals shall designate a counsel de
any consideration oficio.
personal to himself, the • P.D no. 543:
cause of the defenseless o Section 1. Designation of Municipal
or oppressed; Judges and lawyers in any branch of
• Rules of Court. Rule 116: the government service, as counsel de
o Section 6. Duty of court to inform oficio. In places where there are no
accused of his right to counsel. — available practicing lawyers, the
Before arraignment, the court shall District Judge or Circuit Criminal
inform the accused of his right to Court Judge shall designate a
counsel and ask him if he desires to municipal judge or a lawyer
have one. Unless the accused is employed in any branch, subdivision
allowed to defend himself in person or instrumentality of the government
or has employed a counsel of his within the province, as counsel de
choice, the court must assign a oficio for an indigent person who is
counsel de oficio to defend him. (6a) facing a criminal charge before his
o Section 7. Appointment of counsel court, and the services of such
de oficio. — The court, considering counsel de oficio shall be duly
the gravity of the offense and the compensated by the Government in
difficulty of the questions that may accordance with Section thirty-two,
arise, shall appoint as counsel de Rule One Hundred Thirty Eight of the
oficio only such members of the bar Rules of Court.
in good standing who, by reason of
their experience and ability, can o If the criminal case wherein the
competently defend the accused. But services of a counsel de oficio are
 needed is pending before a City or members of his family
municipal court, the city or municipal dependent upon him for
judge concerned shall immediately subsistence.
recommend to the nearest District o RA 6034: AN ACT PROVIDING
Judge the appointment of a counsel TRANSPORTATION AND OTHER
de oficio, and the District Judge shall ALLOWANCES FOR INDIGENT
forthwith appoint one in accordance LITIGANTS.
with the preceding paragraph. ▪ Section 2. If the court
determines that the petition for
o For purposes of this Decree an transportation allowance is
indigent person is anyone who has no meritorious, said court shall
visible means of support or whose immediately issue an order
income does not exceed P300 per directing the provincial, city
month or whose income even in or municipal treasurer to pay
excess of P300 is insufficient for the the indigent litigant the travel
subsistence of his family, which fact allowance out of any funds in
shall be determined by the Judge in his possession and proceed
whose court the case is pending, without delay to the trial of the
considering the number of the case. The provincial, city or
members of his family dependent municipal treasurer shall hold
upon him for subsistence. any such payments as cash
• Rule 14.03 - A lawyer may not refuse to items until reimbursed by the
accept representation of an indigent client national government.
unless: o RA 6035: AN ACT REQUIRING
a) The is not in a position to carry out the STENOGRAPHERS TO GIVE
work effectively or competently; FREE TRANSCRIPT OF NOTES
b) He labors under a conflict of interest TO INDIGENT AND LOW-
between him and the prospective client INCOME LITIGANTS AND
or between a present client and the PROVIDING A PENALTY FOR
prospective client. THE VIOLATION THEREOF.
• Rule 14.04 - A lawyer who accepts the ▪ For the purpose of this Act, an
cause of a person unable to pay his "indigent or low income
professional fees shall observe the same litigant" shall include anyone
standard of conduct governing his relations who has no visible means of
with paying clients. support or whose income does
o RA 6033: AN ACT REQUIRING not exceed P300 per month or
COURTS TO GIVE PREFERENCE whose income even in excess
TO CRIMINAL CASES WHERE of P300 per month is
THE PARTY OR PARTIES insufficient for the subsistence
INVOLVE ARE INDIGENTS. of his family, which fact shall
▪ Section 2. As used in this Act, be determined by the
the term "indigent" shall refer investigating fiscal or trial
to a person who has no visible judge or commissioner or
means of income or whose tribunal hearing the case
income is insufficient for the taking into account the
subsistence of his family, to be number of the members of his
determined by the fiscal or family dependent upon him for
judge, considering the subsistence.
• RA 6036: AN ACT PROVIDING THAT may, upon satisfactory proof of those facts
BAIL SHALL NOT, WITH CERTAIN before the Supreme Court, be allowed to
EXCEPTIONS, BE REQUIRED IN continue such practice after taking the
CASES OF VIOLATIONS OF following oath of office:
MUNICIPAL OR CITY ORDINANCES
AND IN CRIMINAL OFFENSES WHEN I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been
permitted to continue in the practice of law in
THE PRESCRIBED PENALTY FOR
the Philippines, do solemnly swear that I
SUCH OFFENSES IS NOT HIGHER recognize the supreme authority of the Republic
THAN ARRESTO MAYOR AND/OR A of the Philippines; I will support its Constitution
FINE OF TWO THOUSAND PESOS OR and obey the laws as well as the legal orders of
BOTH. the duly constituted authorities therein; I will do
no falsehood, nor consent to the doing of any in
• RA 9406 court; I will not wittingly or willingly promote
o AN ACT REORGANIZING AND or sue any groundless, false or unlawful suit, nor
STRENGTHENING THE PUBLIC give aid nor consent to the same; I will delay no
ATTORNEY'S OFFICE (PAO), man for money or malice, and will conduct
AMENDING FOR THE PURPOSE myself as a lawyer according to the best of my
knowledge and discretion with all good fidelity
PERTINENT PROVISIONS OF
as well as to the courts as to my clients; and I
EXECUTIVE ORDER NO. 292,
impose upon myself this voluntary obligation
OTHERWISE KNOWN AS THE without any mental reservation or purpose of
"ADMINISTRATIVE CODE OF evasion. So, help me God.
1987", AS AMENDED,
GRANTING SPECIAL • Rule 15.01. - A lawyer, in conferring with a
ALLOWANCE TO PAO prospective client, shall ascertain as soon
OFFICIALS AND LAWYERS, AND as practicable whether the matter would
PROVIDING FUNDS THEREFOR. involve a conflict with another client or his
o SEC. 16-D. Exemption from Fees own interest, and if so, shall forthwith
and Costs of the Suit. - The clients of inform the prospective client.
the PAO shall exempt from payment
of docket and other fees incidental to De Guzman v De Dios
instituting an action in court and It was complainant who retained
other quasi-judicial bodies, as an respondent to form a corporation. She
original proceeding or on appeal. appeared as counsel in behalf of
• CANON 15 - A LAWYER SHALL complainant. There was evidence of collusion
OBSERVE CANDOR, FAIRNESS AND between the board of directors and
LOYALTY IN ALL HIS DEALINGS AND respondent. Indeed, the board of directors
TRANSACTIONS WITH HIS CLIENTS. now included respondent as the president,
• Rule 138, sec 3: Ramon del Rosario as secretary, Hikoi Suzuki
as chairman, Agnes Rodriguez as treasurer
• Section 3. Requirements for lawyers
and Takayuki Sato as director.7 The present
who are citizens of the United States situation shows a clear case of conflict of
of America. — Citizens of the United interest of the respondent. Lawyers must
States of America who, before July 4, conduct themselves, especially in their
1946, were duly licensed members of dealings with their clients and the public at
the Philippine Bar, in active practice large, with honesty and integrity in a manner
in the courts of the Philippines and in beyond reproach.
good and regular standing as such
 • Rule 15.06. - A lawyer shall not state or
Hornilla v Salunat imply that he is able to influence any public
Atty. Salunat is found guilty of official, tribunal or legislative body.
representing conflicting interests. • Rule 15.07. - A lawyer shall impress upon
Engaging as counsel for a corporation his client compliance with the laws and the
and representing part of its members in a principles of fairness.
derivative suit would normally give rise • Rule 15.08. - A lawyer who is engaged in
to a conflict of interests. another profession or occupation
Since this is still his first offense, concurrently with the practice of law shall
Atty. Salunat is admonished to observe a make clear to his client whether he is
higher degree of fidelity in his acting as a lawyer or in another capacity.
professional practice, and is further
warned that a repetition of such act will Nakpil v Valdez
be dealt with severely.

• Rule 15.02.- A lawyer shall be bound by the Respondent is a CPA-lawyer

rule on privilege communication in respect who is actively practicing both
of matters disclosed to him by a prospective professions. He is the senior partner of
client. his law and accounting firms which
carry his name. In the case at bar,
• Matters disclosed by a prospective client
complainant is not charging respondent
to a lawyer are protected by the rule on with breach of ethics for being the
privileged communications even if the common accountant of the estate and
prospective client does not thereafter the two creditors. He is charged for
retain the lawyer or the lawyer declines allowing his accounting firm to
the employment. represent two creditors of the estate
• Reason: To make the prospective client and, at the same time, allowing his law
discuss freely whatever he wishes with firm to represent the estate in the
the lawyer without fear that what he proceedings where these claims were
discloses will not be divulged nor used presented. The act is a breach of
professional ethics and undesirable as it
against him and for the lawyer to be
placed respondent's and his law firm's
equally free to obtain information from
loyalty under a cloud of doubt. Even
such prospective client. granting that respondent's misconduct
• Rule 15.03. - A lawyer shall not represent refers to his accountancy practice, it
conflicting interests except by written would not prevent this Court from
consent of all concerned given after a full disciplining him as a member of the Bar.
disclosure of the facts. The rule is settled that a lawyer may be
• Rule 15.04. - A lawyer may, with the suspended or disbarred for ANY
written consent of all concerned, act as misconduct, even if it pertains to his
mediator, conciliator or arbitrator in private activities, as long as it shows
settling disputes. him to be wanting in moral character,
honesty, probity or good
• Rule 15.05. - A lawyer when advising his demeanor. Possession of good moral
client, shall give a candid and honest character is not only a prerequisite to
opinion on the merits and probable results admission to the bar but also a
of the client's case, neither overstating nor continuing requirement to the practice
understating the prospects of the case. of law.
 have a lien over the funds and may
CANON 16 - A LAWYER SHALL HOLD IN apply so much thereof as may be
TRUST ALL MONEYS AND PROPERTIES necessary to satisfy his lawful fees and
OF HIS CLIENT THAT MAY COME INTO disbursements, giving notice promptly
HIS PROFESSION. thereafter to his client. He shall also
have a lien to the same extent on all
• Article 1491. The following persons cannot judgments and executions he has
acquire by purchase, even at a public or secured for his client as provided for in
judicial auction, either in person or the Rules of Court.
through the mediation of another:
• (4) Public officers and employees, the Rule 16.04 - A lawyer shall not borrow money
property of the State or of any from his client unless the client's interest are
subdivision thereof, or of any fully protected by the nature of the case or by
government-owned or controlled independent advice. Neither shall a lawyer
corporation, or institution, the lend money to a client except, when in the
administration of which has been interest of justice, he has to advance necessary
intrusted to them; this provision shall expenses in a legal matter he is handling for
apply to judges and government the client.
experts who, in any manner
whatsoever, take part in the sale; Barnachea v Quicho
• (5) Justices, judges, prosecuting A lawyer is obliged to hold in trust
attorneys, clerks of superior and money or property of his client that may
inferior courts, and other officers and come to his possession. He is a trustee to
employees connected with the said funds and property.5 He is to keep the
administration of justice, the property funds of his client separate and apart from
and rights in litigation or levied upon his own and those of others kept by him.
an execution before the court within Money entrusted to a lawyer for a specific
whose jurisdiction or territory they purpose such as for the registration of a
exercise their respective functions; deed with the Register of Deeds and for
this prohibition includes the act of expenses and fees for the transfer of title
acquiring by assignment and shall over real property under the name of his
client if not utilized, must be returned
apply to lawyers, with respect to the
immediately to his client upon demand
property and rights which may be the therefor.
object of any litigation in which they
may take part by virtue of their
profession; • CANON 17 - A LAWYER OWES
(6) Any others specially disqualified FIDELITY TO THE CAUSE OF HIS
by law. (1459a) CLIENT AND HE SHALL BE
• Rule 16.01 - A lawyer shall account for MINDFUL OF THE TRUST AND
all money or property collected or CONFIDENCE REPOSED IN HIM.
received for or from the client. • CANON 18 - A LAWYER SHALL
• Rule 16.02 - A lawyer shall keep the SERVE HIS CLIENT WITH
funds of each client separate and apart COMPETENCE AND DILIGENCE.
from his own and those of others kept • Rules 18.01 - A lawyer shall not
by him. undertake a legal service which he
• Rule 16.03 - A lawyer shall deliver the knows or should know that he is not
funds and property of his client when qualified to render. However, he may
due or upon demand. However, he shall render such service if, with the consent
 of his client, he can obtain as with such client in accordance with
collaborating counsel a lawyer who is the Rules of Court.
competent on the matter. • Rule 19.03 - A lawyer shall not allow his
• Rule 18.02 - A lawyer shall not handle client to dictate the procedure in handling
any legal matter without adequate the case.
preparation. • CANON 20 - A LAWYER SHALL
• Rule 18.03 - A lawyer shall not neglect CHARGE ONLY FAIR AND
a legal matter entrusted to him, and his REASONABLE FEES.
negligence in connection therewith
shall render him liable. • RA 1706 (2015):
• Rule 18.04 - A lawyer shall keep the o Section 1. This Decree shall be
client informed of the status of his case known as "The National Service
and shall respond within a reasonable Law."
time to the client's request for o Section 2. National service shall be
information. obligatory for all citizens of the
• CANON 19 - A LAWYER SHALL Philippines. As used in this decree,
REPRESENT HIS CLIENT WITH "National service" shall consist of
ZEAL WITHIN THE BOUNDS OF
three main programs namely: civic
THE LAW.
welfare service, law enforcement
• Rule 19.01 - A lawyer shall employ only
fair and honest means to attain the service; and military service.
lawful objectives of his client and shall o Section 3. Each citizen shall render
not present, participate in presenting or national service in any of the three
threaten to present unfounded criminal main programs stated in Section 2 of
charges to obtain an improper this decree or a combination thereof:
advantage in any case or proceeding. Provided, that such service shall be
• Rule 138 Section 20. Duties of credited in his favor for the purpose
attorneys. — It is the duty of an of fulfilling educational requirements
attorney: established by law.
• To employ, for the purpose of o Section 4. The terms "military
maintaining the causes service" and "military training"
confided to him, such means referred to in Commonwealth Act
only as are consistent with Number One, as amended, shall mean
truth and honor, and never
"national service" and "training for
seek to mislead the judge or
any judicial officer by an national service", respectively, as
artifice or false statement of herein defined.
fact or law; o Section 5. The Minister of National
• Rule 19.02 - A lawyer who has Defense, in coordination with the
received information that his client Ministers of Human Settlements,
has, in the course of the Education and Culture, and Local
representation, perpetrated a fraud Government and Community
upon a person or tribunal, shall Development, shall issue rules and
promptly call upon the client to regulations to implement this Decree,
rectify the same, and failing which subject to the approval of the
he shall terminate the relationship President.
 o Section 6. All provisions of o The probability of losing other
Commonwealth Act Number One, as employment as a result of
amended, laws, orders, rules and acceptance of the proffered case;
regulations, or parts thereof, which o The customary charges for
are inconsistent with this Decree are similar services and the schedule
hereby repealed, amended or of fees of the IBP chapter to
which he belongs;
modified accordingly.
o The amount involved in the
• RA 5185, Sec 6: controversy and the benefits
Section 6. Prohibition Against Practice. A resulting to the client from the
member of the Provincial Board or City or service;
Municipal Council shall not appear as counsel o The contingency or certainty of
compensation;
before any court in any civil case wherein the
o The character of the
province, city or municipality, as the case may
employment, whether occasional
be, is the adverse party: Provided, however, or established; and
That no member of the Provincial Board shall o The professional standing of the
so appear except in behalf of his province in lawyer.
any civil case wherein any city in the province • Rule 20.02 - A lawyer shall, in case of
is the adverse party whose voters are referral, with the consent of the client, be
enfranchised to vote for provincial officials, nor entitled to a division of fees in proportion to
shall such member of the Provincial Board or the work performed and responsibility
City or Municipal Council appear as counsel assumed.
for the accused in any criminal case wherein an • Rule 20.03 - A lawyer shall not, without the
officer or employee of said province, city or full knowledge and consent of the client,
municipality is accused of an offense committed accept any fee, reward, costs, commission,
in relation to the latter's office, nor shall he interest, rebate or forwarding allowance or
other compensation whatsoever related to
collect any fee for his appearance in any
his professional employment from anyone
administrative proceedings before provincial,
other than the client.
city or municipal agencies of the province, city o Section 20. Duties of attorneys. — It
or municipality, as the case may be, of which he is the duty of an attorney:
is an elected official. The provisions of this ▪ (e) To maintain inviolate the
Section shall likewise apply to provincial confidence, and at every peril
governors and city and municipal mayors. to himself, to preserve the
secrets of his client, and to
• Rule 20.01 - A lawyer shall be guided by accept no compensation in
the following factors in determining his connection with his client's
fees: business except from him or
o the time spent and the extent of with his knowledge and
the service rendered or required; approval;
o the novelty and difficulty of the • Rule 20.04 - A lawyer shall avoid
questions involved; controversies with clients concerning his
o The importance of the subject compensation and shall resort to judicial
matter; action only to prevent imposition, injustice
o The skill demanded; or fraud.
• Section 138, Sec 24, 32 Rules of Court.
 o Section 24. Compensation of o Section 24. Disqualification by
attorneys; agreement as to fees. — reason of privileged communication.
An attorney shall be entitled to have — The following persons cannot
and recover from his client no more testify as to matters learned in
than a reasonable compensation for confidence in the following cases:
his services, with a view to the
• Art, 209 Revised Penal Code.
importance of the subject matter of
o Art. 209. Betrayal of trust by an
the controversy, the extent of the
attorney or solicitor. — Revelation of
services rendered, and the
secrets. — In addition to the proper
professional standing of the attorney.
administrative action, the penalty of
No court shall be bound by the
prision correccional in its minimum
opinion of attorneys as expert
period, or a fine ranging from 200 to
witnesses as to the proper
1,000 pesos, or both, shall be
compensation, but may disregard
imposed upon any attorney-at-law or
such testimony and base its
solicitor ( procurador judicial) who,
conclusion on its own professional
by any malicious breach of
knowledge. A written contract for
professional duty or of inexcusable
services shall control the amount to
negligence or ignorance, shall
be paid therefor unless found by the
prejudice his client, or reveal any of
court to be unconscionable or
the secrets of the latter learned by
unreasonable.
him in his professional capacity.
o Section 32. Compensation for
o The same penalty shall be imposed
attorneys de oficio. — Subject to
upon an attorney-at-law or solicitor
availability of funds as may be
(procurador judicial) who, having
provided by the law the court may, in
undertaken the defense of a client or
its discretion, order an attorney
having received confidential
employed as counsel de oficio to be
information from said client in a
compensates in such sum as the court
case, shall undertake the defense of
may fix in accordance with section 24
the opposing party in the same case,
of this rule. Whenever such
without the consent of his first client.
compensation is allowed, it shall be
• Rule 21.01 - A lawyer shall not reveal the
not less than thirty pesos (P30) in any
confidences or secrets of his client except;
case, nor more than the following
a) When authorized by the client after
amounts: (1) Fifty pesos (P50) in
acquainting him of the
light felonies; (2) One hundred pesos
consequences of the disclosure;
(P100) in less grave felonies; (3) Two
b) When required by law;
hundred pesos (P200) in grave
c) When necessary to collect his fees or
felonies other than capital offenses;
to defend himself, his employees or
(4) Five Hundred pesos (P500) in
associates or by judicial action.
capital offenses.
• Rule 21.02 - A lawyer shall not, to the
• CANON 21 - A LAWYER SHALL
disadvantage of his client, use information
PRESERVE THE CONFIDENCE AND
acquired in the course of employment, nor
SECRETS OF HIS CLIENT EVEN
shall he use the same to his own advantage
AFTER THE ATTORNEY-CLIENT
or that of a third person, unless the client
RELATION IS TERMINATED.
with full knowledge of the circumstances
• Rule 130, Sec 24(b)
consents thereto.
• Rule 21.03 - A lawyer shall not, without the (e) When the client deliberately fails to
written consent of his client, give pay the fees for the services or fails to
information from his files to an outside comply with the retainer agreement;
agency seeking such information for
(f) When the lawyer is elected or
auditing, statistical, bookkeeping,
appointed to public office; and
accounting, data processing, or any similar
(g) Other similar cases.
purpose.
• Rule 21.04 - A lawyer may disclose the • Rule 22.02 - A lawyer who withdraws or is
affairs of a client of the firm to partners or discharged shall, subject to a retainer lien,
associates thereof unless prohibited by the immediately turn over all papers and
client. property to which the client is entitled, and
• Rule 21.05 - A lawyer shall adopt such shall cooperative with his successor in the
measures as may be required to prevent orderly transfer of the matter, including all
those whose services are utilized by him, information necessary for the proper
from disclosing or using confidences or handling of the matter.
secrets of the clients. • Sec. 12. Component Evidence of Identity.
• Rule 21.06 - A lawyer shall avoid indiscreet The phrase "competent evidence of identity"
conversation about a client's affairs even refers to the identification of an individual
with members of his family. based on:
• Rule 21.07 - A lawyer shall not reveal that
he has been consulted about a particular (a) at least one current identification
case except to avoid possible conflict of document issued by an official agency
interest. bearing the photograph and signature of
• CANON 22 - A LAWYER SHALL the individual, such as but not limited to,
WITHDRAW HIS SERVICES ONLY FOR passport, driver’s license, Professional
GOOD CAUSE AND UPON NOTICE Regulations Commission ID, National
APPROPRIATE IN THE Bureau of Investigation clearance, police
CIRCUMSTANCES. clearance, postal ID, voter’s ID,
• Rule 22.01 - A lawyer may withdraw his Barangay certification, Government
services in any of the following case: Service and Insurance System (GSIS) e-
card, Social Security System (SSS) card,
(a) When the client pursues an illegal Philhealth card, senior citizen card,
or immoral course of conduct in Overseas Workers Welfare
connection with the matter he is Administration (OWWA) ID, OFW ID,
handling; seaman’s book, alien certificate of
(b) When the client insists that the registration/immigrant certificate of
lawyer pursue conduct violative of these registration, government office ID,
canons and rules; certification from the National Council
for the Welfare of Disable Persons
(c) When his inability to work with co- (NCWDP), Department of Social
counsel will not promote the best Welfare and Development (DSWD)
interest of the client; certification;
(d) When the mental or physical
• Discipline of Lawyers
condition of the lawyer renders it
o Rule of Court 139-B (Disbarment)
difficult for him to carry out the
employment effectively;
• Section 1. How Instituted. — Proceedings constitutionalism and the rule of law; that
for the disbarment, suspension, or public confidence in the judicial system and in
discipline of attorneys may be taken by the the moral authority and integrity of the
Supreme Court motu propio, or by the judiciary is of utmost importance in a modern
Integrated Bar of the Philippines (IBP) democratic society; and that it is essential that
upon the verified complaint of any person. judges, individually and collectively, respect
The complaint shall state clearly and and honor judicial office as a public trust and
concisely the facts complained of and shall strive to enhance and maintain confidence in
be supported by affidavits of persons the judicial system;
having personal knowledge of the facts
WHEREAS, the adoption of the universal
therein alleged and/or by such documents
declaration of standards for ethical conduct of
as may substantiate said facts.
judges embodied in the Bangalore Draft as
• The IBP Board of Governors may, motu revised at the Round Table Conference of Chief
propio or upon referral by the Supreme Justices at The Hague is imperative not only to
Court or by a Chapter Board of Officers, or update and correlate the Code of Judicial
at the instance of any person, initiate and Conduct and the Canons of Judicial Ethics
prosecute proper charges against erring adopted for the Philippines, but also to stress
attorneys including those in the the Philippines’ solidarity with the universal
government service. clamor for a universal code of judicial ethics.
• Six (6) copies of the verified complaint
shall be filed with the Secretary of the IBP Re: In the matter of the Petition for Reinstatement
or the Secretary of any of its chapter who of Rolando Torres.
shall forthwith transmit the same to the 1. There must be proof of remorse and reformation.
IBP Board of Governors for assignment to These shall include but should not be limited to
an investigator. certifications or testimonials of the officer(s) or
chapter(s) of the Integrated Bar of the Philippines,
IV. New Code of Judicial Conduct in the judges or judges’ associations and prominent
Philippine Judiciary. members of the community with proven integrity
and probity. A subsequent finding of guilt in an
The Bangalore Draft:
administrative case for the same or similar
WHEREAS, at the Round Table Meeting of misconduct will give rise to a strong presumption of
Chief Justices held at the Peace Palace, The non-reformation.
Hague, on 25-26 November 2002, at which the 2. Sufficient time must have lapsed from the
Philippine Supreme Court was represented by imposition of the penalty to ensure a period of
the Chief Justice and Associate Justice Reynato reform.
S. Puno, the Bangalore Draft of the Code of
3. The age of the person asking for clemency must
Judicial Conduct adopted by the Judicial Group
show that he still has productive years ahead of him
on Strengthening Judicial Integrity was that can be put to good use by giving him a chance
deliberated upon and approved after to redeem himself.
incorporating therein several amendments;
4. There must be a showing of promise (such as
WHEREAS, the Bangalore Draft, as amended, intellectual aptitude, learning or legal acumen or
is intended to be the Universal Declaration of contribution to legal scholarship and the
Judicial Standards applicable in all judiciaries; development of the legal system or administrative
and other relevant skills), as well as potential for
WHEREAS, the Bangalore Draft is founded public service.
upon a universal recognition that a competent,
independent and impartial judiciary is essential 5. There must be other relevant factors and
circumstances that may justify clemency.
if the courts are to fulfill their role in upholding
Article VIII, Sec 7: respective commissions, or, when the
commissions of two or more of them shall bear
• No person shall be appointed Member of the same date, according to the order in which
the Supreme Court or any lower collegiate their commissions have been issued by the
court unless he is a natural-born citizen of President.
the Philippines. A Member of the Supreme
Court must be at least forty years of age, The Presiding Justice and the Associate Justices
and must have been for fifteen years or shall not be removed from office except on
more, a judge of a lower court or engaged impeachment upon the grounds and in the
in the practice of law in the Philippines. manner provided for in Sections 2, 3 and 4 of
• The Congress shall prescribe the Article XIII of the 1973 Constitution.
qualifications of judges of lower courts, but The Presiding Justice shall receive an annual
no person may be appointed judge thereof compensation of P60,000.00 and each
unless he is a citizen of the Philippines and Associate Justice P55,000.00 which shall not be
a member of the Philippine Bar. diminished during their continuance in office.
• A Member of the Judiciary must be a They shall have the same rank, privileges and
person of proven competence, integrity, other emoluments, be subject to the same
probity, and independence. inhibitions and disqualifications, and enjoy the
BP 129 same retirement and other benefits as those
provided for under existing laws of the
Section 7. Qualifications. – The Presiding Presiding Justice and Associate Justices of the
Justice and the Associate Justice shall have Court of Appeals.
the same qualifications as those provided in
Constitution for Justice of the Supreme Court. Whenever the salaries of the Presiding Justice
and the Associate Justices of the Court of
PD 1606 Appeals are increased, such increases in
Section 1. Sandiganbayan; composition; salaries shall be correspondingly extended to
qualifications; tenure; removal and and enjoyed by the Presiding Justice and the
composition. A special court, of the same level Associate Justices of the Sandiganbayan.
as the Court of Appeals and possessing all the They shall hold office until they reach the age of
inherent powers of a court of justice, to be 65 years or become incapacitated to discharge
known as the Sandiganbayan is hereby created the duties of their office.
composed of a Presiding Justice and eight
Associate Justices who shall be appointed by RA 9282 Sec 1:
the President. Section 1. Section 1 of Republic Act No. 1125,
No person shall be appointed Presiding Justice as amended is hereby further amended to read
or Associate Justice of the Sandiganbayan; as follows:
unless he is a natural-born citizen of the "SECTION 1. Court; Justices; Qualifications;
Philippines, at least 40 years of age and for at Salary; Tenure. - There is hereby created a
least ten years has been a judge of a court of Court of Tax Appeals (CTA) which shall be of
record or been engaged in the practice of law in the same level as the Court of Appeals,
the Philippines or has held office requiring possessing all the inherent powers of a Court of
admission to the bar as a pre-requisite for a like Justice, and shall consist of a Presiding Justice
period. and five (5) Associate Justices. The incumbent
The Presiding Justice shall be so designated in Presiding Judge and Associate Judges shall
his commission and the other Justices shall continue in office and bear the new titles of
have precedence according to the dates of their Presiding Justice and Associate Justices. The
Presiding Justice and the most Senior Associate Section 26. Qualifications. – No person shall
Justice shall serve as chairmen of the two (2) be appointed judge of a Metropolitan Trial
Divisions. The additional three (3) Justices and Court, Municipal Trial Court, or Municipal
succeeding members of the Court shall be Circuit Trial Court unless he is a natural-born
appointed by the President upon nomination by citizen of the Philippines, at least 30 years of
the Judicial and Bar Council. The Presiding age, and, for at least five years, has been
Justice shall be so designated in his engaged in the practice of law in the
appointment, and the Associate Justices shall Philippines, or has held a public office in the
have precedence according to the date of their Philippines requiring admission to the practice
respective appointments, or when the of law as an indispensable requisite.
appointments of two (2) or more of them shall
I. Independence
bear the same date, according to the order in
which their appointments were issued by the • Canon 1
President. They shall have the same Judicial independence is a pre-requisite to the
qualifications, rank, category, salary, rule of law and a fundamental guarantee of a
emoluments and other privileges, be subject to fair trial. A judge shall therefore uphold and
the same inhibitions and disqualifications, and exemplify judicial independence in both its
enjoy the same retirements and other benefits as individual and institutional aspects.
those provided for under existing laws for the
Presiding Justice and Associate Justices of the o Section 1
Court of Appeals. Judges shall exercise the judicial function
"Whenever the salaries of the Presiding Justice independently on the basis of their assessment
and the Associate Justices of the Court of of the facts and in accordance with a
Appeals are increased, such increases in conscientious understanding of the law, free of
salaries shall be deemed correspondingly any extraneous influence, inducement, pressure,
extended to and enjoyed by the Presiding threat or interference, direct or indirect, from
Justice and Associate Justices of the CTA. any quarter or for any reason.

"The Presiding Justice and Associate Justices o Section 2

shall hold office during good behavior, until In performing judicial duties, Judges shall be
they reach the age of seventy (70), or become independent from judicial colleagues in respect
incapacitated to discharge the duties of their of decisions which the judge is obliged to make
office, unless sooner removed for the same independently.
causes and in the same manner provided by law
for members of the judiciary of equivalent o Section 3
rank." Judges shall refrain from influencing in any
BP. 129 manner the outcome of litigation or dispute
pending before another court or administrative
Section 15. Qualifications. – No persons shall agency.
be appointed Regional Trial Judge unless he is
a natural-born citizen of the Philippines, at o Section 4
least thirty-five years of age, and for at least ten Judges shall not allow family, social, or other
years, has been engaged in the practice of law relationships to influence judicial conduct or
in the Philippines or has held a public office in judgment. The prestige of judicial office shall
the Philippines requiring admission to the not be used or lent to advance the private
practice of law as an indispensable requisite. interests of others, nor convey or permit others
to convey the impression that they are in a Judges should take or initiate appropriate
special position to influence the judge. disciplinary measures against lawyers or court
personnel for unprofessional conduct of which
o Section 5
the judge may have become aware.
Judges shall not only be free from
III. Impartiality
inappropriate connections with, and influence
by, the executive and legislative branches of Impartiality is essential to the proper discharge
government, but must also appear to be free of the judicial office. It applies not only to the
therefrom to a reasonable observer. decision itself but also to the process by which
the decision to made.
o Section 6
o Section 1
Judges shall be independent in relation to
society in general and in relation to the Judges shall perform their judicial duties
particular parties to a dispute which he or she without favor, bias or prejudice.
has to adjudicate.
o Section 2
o Section 7
Judges shall ensure that his or her conduct,
Judges shall encourage and uphold safeguards both in and out of court, maintains and
for the discharge of judicial duties in order to enhances the confidence of the public, the legal
maintain and enhance the institutional and profession and litigants in the impartiality of
operational independence of the judiciary. the judge and of the judiciary.
o Section 8 o Section 3
Judges shall exhibit and promote high Judges shall, so far as is reasonable, so conduct
standards of judicial conduct in order to themselves as to minimize the occasions on
reinforce public confidence in the judiciary which it will be necessary for them to be
which is fundamental to the maintenance of disqualified from hearing or deciding cases.
judicial independence.
o Section 4
II. Integrity
Judges shall not knowingly, while a proceeding
o Canon 2 is before, or could come before, them make any
comment that might reasonably be expected to
Integrity is essential not only to the proper
affect the outcome of such proceeding or impair
discharge of the judicial office but also to the
the manifest fairness of the process. Nor shall
personal demeanor of judges.
judges make any comment in public or
o Section 1 otherwise that might affect the fair trial of any
person or issue.
Judges shall ensure that not only is their
conduct above reproach, but that it is perceived o Section 5
to be so in the view of a reasonable observer.
Judges shall disqualify themselves from
o Section 2 participating in any proceedings in which they
are unable to decide the matter impartially or in
The behavior and conduct of judges must which it may appear to a reasonable observer
reaffirm the people's faith in the integrity of the that they are unable to decide the matter
judiciary. Justice musty not merely be done but impartially. Such proceedings include, but are
must also be seen to be done. not limited to, instances where
o Section 3
 a. The judge has actual bias or the proceeding. The agreement, signed by all
prejudice concerning a party or parties and lawyers, shall be incorporated in
personal knowledge of disputed the record of the proceedings.
evidentiary facts concerning the
Section 1, Rule 137 Rules of Court:
proceedings;
b. The judge previously served as a • Section 1. Disqualification of judges. —
lawyer or was a material witness in No judge or judicial officer shall sit in
the matter in controversy; any case in which he, or his wife or
child, is pecuniarily interested as heir,
c. The judge, or a member of his or her legatee, creditor or otherwise, or in
family, has an economic interest in which he is related to either party within
the outcome of the matter in the sixth degree of consanguinity or
controversy; affinity, or to counsel within the fourth
degree, computed according to the rules
d. The judge served as executor,
of the civil law, or in which he has been
administrator, guardian, trustee or
executor, administrator, guardian,
lawyer in the case or matter in
trustee or counsel, or in which he has
controversy, or a former associate of
been presided in any inferior court when
the judge served as counsel during
his ruling or decision is the subject of
their association, or the judge or
review, without the written consent of all
lawyer was a material witness
parties in interest, signed by them and
therein;
entered upon the record.
e. The judge's ruling in a lower court is
IV. Impartiality
the subject of review;
Propriety and the appearance of propriety are
f. The judge is related by consanguinity
essential to the performance of all the activities
or affinity to a party litigant within
of a judge.
the sixth civil degree or to counsel
within the fourth civil degree; or o Section 1
g. The judge knows that his or her Judges shall avoid impropriety and the
spouse or child has a financial appearance of impropriety in all of their
interest, as heir, legatee, creditor, activities.
fiduciary, or otherwise, in the subject
matter in controversy or in a party to o Section 2
the proceeding, or any other interest As a subject of constant public scrutiny, judges
that could be substantially affected by must accept personal restrictions that might be
the outcome of the proceedings; viewed as burdensome by the ordinary citizen
o Section 6 and should do so freely and willingly. In
particular, judges conduct themselves in a way
A judge disqualified as stated above may, that is consistent with the dignity of the judicial
instead of withdrawing from the proceeding, office.
disclose on the records the basis of
disqualification. If, based on such disclosure, o Section 3
the parties and lawyers independently of the Judges shall, in their personal relations with
judge's participation, all agree in writing that individual members of the legal profession who
the reason for the inhibition is immaterial or practice regularly in their court, avoid
unsubstantial, the judge may then participate in situations which might reasonably give rise to
the suspicion or appearance of favoritism or Subject to the proper performance of judicial
partiality. duties, judges may:
o Section 4 a. Write, lecture, teach and participate in
activities concerning the law, the legal
Judges shall not participate in the
system, the administration of justice or
determination of a case in which any member of
related matters;
their family represents a litigant or is
associated in any manner with the case. b. Appear at a public hearing before an
official body concerned with matters
o Section 5
relating to the law, the legal system, the
Judges shall not allow the use of their residence administration of justice or related
by a member of the legal profession to receive matters;
clients of the latter or of other members of the
c. Engage in other activities if such
legal profession.
activities do not detract from the dignity
o Section 6 of the judicial office or otherwise
interfere with the performance of judicial
Judges, like any other citizen, are entitled to duties.
freedom of expression, belief, association and
assembly, but in exercising such rights, they o Section 11
shall always conduct themselves in such a
Judges shall not practice law whilst the holder
manner as to preserve the dignity of the judicial
of judicial office.
office and the impartiality and independence of
the judiciary. o Section 12
o Section 7 Judges may form or join associations of judges
or participate in other organizations
Judges shall inform themselves about their
representing the interests of judges.
personal fiduciary financial interests and shall
make reasonable efforts to be informed about o Section 13
the financial interests of members of their
Judges and members of their families shall
family.
neither ask for, nor accept, any gift, bequest,
o Section 8 loan or favor in relation to anything done or to
be done or omitted to be done by him or her in
Judges shall not use or lend the prestige of the
connection with the performance of judicial
judicial office to advance their private interests,
duties.
or those of a member of their family or of
anyone else, nor shall they convey or permit o Section 14
others to convey the impression that anyone is
Judges shall not knowingly permit court staff or
in a special position improperly to influence
others subject to their influence, direction or
them in the performance of judicial duties.
authority, to ask for, or accept, any gift,
o Section 9 as last updated by OCA bequest, loan or favor in relation to anything
Cir. 103-06 (2006) done or to be done or omitted to be done in
connection with their duties or functions.
Confidential information acquired by judges in
their judicial capacity shall not be used or o Section 15
disclosed for any other purpose NOT related to
Subject to law and to any legal requirements of
their judicial duties.
public disclosure, judges may receive a token
o Section 10 gift, award or benefit as appropriate to the
occasion on which it is made provided that employees must be devoted to government
such gift, award or benefit might not service to insure efficient and speedy
reasonably be perceived as intended to administration of justice.
influence the judge in the performance of
ACCORDINGLY, all officials and employees of
judicial duties or otherwise give rise to an
the Judiciary are hereby enjoined from being
appearance of partiality.
commissioned as insurance agents or from
ADMINISTRATIVE CIRCULAR NO. 5 engaging in any such related activities, and, to
OCTOBER 4, 1988 immediately desist therefrom if presently
engaged thereat.
SUPREME COURT CIRCULARS AND
ORDERS October 4, 1988.
TO: ALL OFFICIALS AND EMPLOYEES • AM 13-05-05-SC.
OF THE JUDICIARY
SUBJECT: PROHIBITION TO WORK AS A.M. No. 13-05-05-SC – (Re: Revision of
INSURANCE AGENT Restrictions on Teaching Hours of Justices,
Judges and Personnel of the Judiciary). –
In line with Section 12, Rule XVIII of the
Acting on the request of Associate Justice
Revised Civil Service Rules, the Executive
Roberto A. Abad for a revision of the
Department issued Memorandum Circular No.
restrictions on the teaching hours of justices,
17 dated September 4, 1986 authorizing heads
judges, and personnel of the Judiciary under
of government offices to grant their employees
Circular No. 62-97 of the Office of the Court
permission to "engage directly in any private
Administrator, this Court RESOLVES to
business, vocation and profession . . . outside
AMEND the rules and regulations on teaching
office hours."
to read as follows:
However, in its En Banc resolution dated
1 This amends Resolution dated 12
October 1, 1987, denying the request of Atty.
November 2013 in A.M. No. 13-05-05-
Froilan L. Valdez of the Office of Associate
SC which is the subject of OCA Circular
Justice Ameurfina Melencio-Herrera, to be
No. 08-2014 dated 20 January 2014. 1.
commissioned as a Notary Public, the Court
Teaching shall be allowed for not more
expressed the view that the provisions of
than ten (10) hours a week. On regular
Memorandum Circular No. 17 of the Executive
working days (Monday through Friday),
Department are not applicable to officials or
teaching shall not be conducted earlier
employees of the courts considering the express
than 5:30 p.m.
prohibition in the Rules of Court and the nature
of their work which requires them to serve with 2. An application for permission to teach
the highest degree of efficiency and if filed by a judge shall be accompanied
responsibility, in order to maintain public by a certification of the Clerk of Court
confidence in the Judiciary. The same policy concerned regarding the condition of the
was adopted in Administrative Matter No. 88-6- court docket showing:
002-SC, June 21, 1988, where the court denied
the request of Ms. Esther C. Rabanal, Technical (a) the number of pending cases; and
Assistant II, Leave Section, Office of the (b) the number of cases disposed of
Administrative Services of this Court, to work within a three-month period prior to the
as an insurance agent after office hours start of the semester in his or her
including Saturdays, Sundays and holidays. respective sala.
Indeed, the entire time of Judiciary officials and
3. An application for permission to teach Administrative Services, Supreme
filed by a judge or justice shall require Court, of this approval;
approval as follows:
d. If filed by other Supreme Court
a. If filed by a judge from a lower personnel, it shall be subject to
level court, it shall be subject to the approval of the Chief Justice.
the approval of the executive
5. The approving authority may deny the
judge concerned;
application or allow less than ten (10) hours of
b. If filed by an executive judge, it teaching a week, depending on the applicant’s
shall be subject to the approval of performance record.
the Court Administrator;
6. At the end of every year, an approving
c. If filed by an Associate Justice authority shall submit to the Chief Justice a
of the Court of Appeals, the report on the applications submitted for the
Sandiganbayan, or the Court of year and the respective status of, or action
Tax Appeals, it shall be subject to taken on, each application. For strict
the approval of the presiding compliance
justice concerned;
V. Equality
d. If filed by the Presiding Justice
Ensuring equality of treatment to all before
of the Court of Appeals, the
the courts is essential to the due performance
Sandiganbayan, or the Court of
of the judicial office.
Tax Appeals, it shall be subject to
the approval of the Chief Justice. o Section 1
4. An application for permission to teach Judges shall be aware of, and understand,
filed by court personnel shall require diversity in society and differences arising from
approval as follows: various sources, including but not limited to
race, color, sex, religion, national origin, caste,
a. If filed by court personnel from
disability, age, marital status, sexual
a lower level court, it shall be
orientation, social and economic status and
subject to the approval of the
other like causes.
executive judge concerned;
o Section 2
b. If filed by court personnel from
the Court of Appeals, the Judges shall not, in the performance of judicial
Sandiganbayan, or the Court of duties, by words or conduct, manifest bias or
Tax Appeals, it shall be subject to prejudice towards any person or group on
the approval of the presiding irrelevant grounds.
justice or the executive justice
concerned, as the case may be; o Section 3

c. If filed by Supreme Court Judges shall carry out judicial duties with
personnel belonging to a chamber appropriate consideration for all persons, such
of an Associate Justice of the as the parties, witnesses, lawyers, court staff
Supreme Court, it shall be subject and judicial colleagues, without differentiation
to the approval of the Associate on any irrelevant ground, immaterial to the
Justice concerned, who will notify proper performance of such duties.
the Chief Justice and the Office of o Section 4
Judges shall not knowingly permit court staff or Judges shall perform all judicial duties,
others subject to his or her influence, direction including the delivery of reserved decisions,
or control to differentiate between persons efficiently, fairly and with reasonable
concerned, in a matter before the judge on any promptness.
irrelevant ground.
Section 6
Section 5
Judges shall maintain order and decorum in all
Judges shall require lawyers in proceedings proceedings before the court and be patient,
before the court to refrain from manifesting, by dignified and courteous in relation to litigants,
words or conduct, bias or prejudice based on witnesses, lawyers and others with whom the
irrelevant grounds, except such as are legally judge deals in an official capacity. Judges shall
relevant to an issue in proceedings and may be require similar conduct of legal representatives,
the subject of legitimate advocacy. court staff and others subject to their influence,
direction or control.
VI. Competence and Diligence
o Section 7
Competence and diligence are prerequisites to
the due performance of judicial office. Judges shall not engage in conduct
incompatible with the diligent discharge of
o Section 1
judicial duties.
The judicial duties of a judge take precedence
REV. Rules of Court, Rule 140 as amended by
over all other activities.
A.M 01-8-14-SC
o Section 2
SEC. 7. Classification of charges. -
Judges shall devote their professional activity to Administrative charges are classified as serious,
judicial duties, which include not only the less serious, or light.
performance of judicial functions and
responsibilities in court and the making of SEC. 8. Serious charges. - Serious charges
decisions, but also other tasks relevant to the include:
judicial office or the court's operations.
o Section 3 1. Bribery, direct or indirect;

Judges shall take reasonable steps to maintain 2. Dishonesty and violations of the Anti-
and enhance their knowledge, skills and Graft and Corrupt Practices Law (R.A.
personal qualities necessary for the proper No. 3019);
performance of judicial duties, taking
advantage for this purpose of the training and 3. Gross misconduct constituting
other facilities which should be made available, violations of the Code of Judicial
under judicial control, to judges. Conduct;
o Section 4 4. Knowingly rendering an unjust
Judges shall keep themselves informed about judgment or order as determined by a
relevant developments of international law, competent court in an appropriate
including international conventions and other proceeding;
instruments establishing human rights norms.
5. Conviction of a crime involving moral
o Section 5 turpitude;
 6. Willful failure to pay a just debt; 4. Undue delay in the submission of
monthly reports.
7. Borrowing money or property from
lawyers and litigants in a case pending SEC. 11. Sanctions. - A. If the respondent is
before the court; guilty of a serious charge, any of the following
sanctions may be imposed:
8. Immorality;
1. Dismissal from the service, forfeiture
9. Gross ignorance of the law or of all or part of the benefits as the Court
procedure; may determine, and disqualification from
reinstatement or appointment to any
10. Partisan political activities; and public office, including government-
owned or controlled corporations.
11. Alcoholism and/or vicious habits. Provided, however, that the forfeiture of
benefits shall in no case include accrued
SEC. 9. Less Serious Charges. - Less serious leave credits;
charges include:
2. Suspension from office without salary
1. Undue delay in rendering a decision or and other benefits for more than three (3)
order, or in transmitting the records of a but not exceeding six (6) months; or
case;
3. A fine of more than P20,000.00 but
2. Frequently and unjustified absences not exceeding P40,000.00
without leave or habitual tardiness;
B. If the respondent is guilty of a less serious
3. Unauthorized practice of law; charge, any of the following sanctions shall be
imposed:
4. Violation of Supreme Court rules,
directives, and circulars; 1. Suspension from office without salary
and other benefits for not less than one
5. Receiving additional or double (1) nor more than three (3) months; or
compensation unless specifically
authorized by law; 2. A fine of more than P10,000.00 but
not exceeding P20,000.00.
6. Untruthful statements in the certificate
of service; and C. If the respondent is guilty of a light charge,
any of the following sanctions shall be imposed:
7. Simple Misconduct.
1. A fine of not less than P1,000.00 but
SEC. 10. Light Charges. - Light charges not exceeding P10,000.00 and/or
include:
2. Censure;
1. Vulgar and unbecoming conduct;
3. Reprimand;
2. Gambling in public;
4. Admonition with warning.
3. Fraternizing with lawyers and litigants
with pending case/cases in his court; and
SEC. 12. Confidentiality of proceedings. - evidence presented by the parties and the other
Proceedings against Judges of regular and papers in the case.
special courts and Justices of the Court of
Section 5. Action - After the filing of the report,
Appeals and the Sandiganbayan shall be private
the court will take such action as the facts and
and confidential, but a copy of the decision or
the law may warrant.
resolution of the court shall be attached to the
record of the respondent in the Office of the Section 6. Confidential. - Proceedings against
Court Administrator. judges of first instance shall be private and
confidential.
Judicial Discipline and Clemency
• RULE 140
Charges Against Judges of First Instance
End.
Section 1. Complaint - All Charges against
judges of first instance shall be in writing and
shall set out distinctly, clearly, and concisely
the facts complained of as constituting the
alleged serious misconduct or inefficiency of the
respondent, and shall be sworn to and
supported by affidavits of persons who have
personal knowledge of the facts therein alleged,
and shall be accompanied with copies of
documents which may substantiate said facts.
Section 2. Service or dismissal. - If the charges
appear to merit action, a copy thereof shall be
served upon the respondent, requiring him to
answer within ten (10) days from the date
service. If the charges do not merit action, or if
the answer shows to the satisfaction of the court
that the charges are not meritorious, the same
shall be dismissed.
Section 3. Answer; hearing. - Upon the filing of
respondents answer or upon the expiration of
the time for its filing, the court shall assign one
of its members, a Justice of the Court of
Appeals or a judge of first instance to conduct
the hearing of the charges. The Justice or judge
so assigned shall set a day for the hearing, and
notice thereof shall be served on both parties.
At such hearing the parties may present oral or
written evidence.
Section 4. Report - After the hearing, the
Justice or judge shall file with the Supreme
Court a report of his findings of fact and
conclusions of law, accompanied by the