Pomoly Bar Reviewer Day 2 PM Ethics

ETHICS
(4 questions)
Qualifications for New Lawyers (Includes those who reacquire citizenship)
Legal Principles Notes

1. Requirements for All Applicants for Admission to the Bar (Sec. 2 and SC’s Exclusive Power of Admission to the Bar
5, Rule 138, Rules of Court) The act of admitting, suspending, disbarring and
a. Citizen of the Philippines (PH) reinstating lawyers in the practice of law is a judicial
b. At least 21 years of age function because it requires "(1) previously
c. Of good moral character established rules and principles; (2) concrete facts,
d. PH resident whether past or present, affecting determinate
e. Must produce before the Supreme Court (SC) satisfactory evidence of individuals; and (3) decision as to whether these
good moral character facts are governed by the rules and principles."
f. Evidence that there are no charges against him involving moral (Caballero, et. al. v. Pimentel, et. al., G.R. No.
turpitude have been filed or are pending in any court in the PH 230642, 10 September 2019)
g. Show that they have regularly studied law for 4 years and have
successfully completed all prescribed courses in a law school or Possession of Good Moral Character as a
university, officially approved and recognized by the Secretary of Continuing Requirement for the Practice of Law
Education Possession of good moral character is not only
• Affidavit of the candidate + A certificate from the university or required of those who aspire to be admitted in the
school of law as evidence of such facts; further evidence may be practice of law. It is a continuing requirement in
required by the court order for a lawyer to maintain his or her
• Subjects: membership in the bar in good standing.
o Civil Law, Commercial Law, Remedial Law, Criminal
Law, Public and Private International Law Requirements for Lawyers who Reacquired
o Political Law, Labor and Social Legislation, Medical Citizenship
Jurisprudence, Taxation, Legal Ethics (In re: Petition to reacquire the privilege to practice
• Pre-law (Sec. 6, Rule 138) law in the Philippines of Muneses, B.M. No. 2112
o Certificate that he has pursued and satisfactorily [2012]).
completed in an authorized and recognized university or 1. Petition for Re-acquisition of Philippine
college Citizenship
▪ Requiring for admission thereto the completion 2. Order (for Re-acquisition of Philippine
of a four-year high school course Citizenship)
o Course of study prescribed therein for a bachelor’s 3. Oath of Allegiance to the Republic of the
degree in arts or sciences Philippines
▪ Political Science, Logic, English, Spanish, 4. Identification Certificate issued by the Bureau
History, Economics of Immigration
• Filipino citizen who graduated from a foreign law school must 5. Certificate of Good Standing issued by the
submit to the SC the following certifications: (UP BOC) Integrated Bar of the Philippines (IBP)
o Completion of all courses leading to the degree of 6. Certification from the IBP indicating updated
Bachelor of Laws or its equivalent degree payments of annual membership dues
o Recognition or accreditation of law school by the proper 7. Proof of payment of professional tax
authority 8. Certificate of compliance issued by the
o Completion of all the fourth year subjects in the Bachelor Mandatory Continuing Legal Education
of Laws academic program in a law school duly (MCLE) Office
recognized by the Philippine Government • At least 36 credit hours of
MCLE
2. Continuing Requirements for the Practice of Law • Retaking of the lawyer’s oath
a. Good Moral Character (Petition for Leave to Resume
b. Citizenship Practice of Law of Dacanay,
• Sec. 14, Art. XII, 1987 Constitution: The practice of all B.M. No. 1678 [2007]).
professions in the Philippines shall be limited to Filipino
Citizens, save in cases prescribed by law. NOTE: Documents will be submitted to the Office
of the Bar Confidant and will be reviewed by the
Court en banc for resolution
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#LSB Pomoly: AvocadoShake, Cheezecake, Kopiko, Henley, Boogie, TheReal, Teban, London, One, Leimin, Yan, Cjm, Rols
Code of Professional Responsibility (Includes Duties incorporated in the Lawyer’s Oath)
CODE OF PROFESSIONAL RESPONSIBILITY

Chapter I – The Lawyer and Society
i. Canon 1 – A lawyer shall uphold the Any act or omission that is contrary to, prohibited or unauthorized by, in
constitution, obey the laws of the land, and defiance of, disobedient to, or disregards the law is "unlawful." "Unlawful"
promote respect for law and legal processes. conduct does not necessarily imply the element of criminality although the
concept is broad enough to include such element.
Rule 1.01 – A lawyer shall not engage in unlawful,
dishonest, immoral, or deceitful conduct.
Rule 2.03 should be read in connection with Rule 1.03.
Rule 1.02 – A lawyer shall not counsel or abet activities
aimed at defiance of the law or at lessening confidence This rule proscribes "ambulance chasing" (the solicitation of almost any
in the legal system. kind of legal business by an attorney, personally or through an agent in
order to gain employment) as a measure to protect the community from
Rule 1.03 – A lawyer shall not, for any corrupt motive or barratry and champerty. (Linsangan v. Tolentino, A.C. No. 6672, 4
interest, encourage any suit or proceeding or delay any September 2009)
man’s cause.
Gross misconduct has been defined as any inexcusable, shameful or
Rule 1.04 – A lawyer shall encourage his clients to avoid,
flagrantly unlawful conduct on the part of the person involved in the
end, or settle a controversy if it will admit of a fair
administration of justice, conduct that is prejudicial to the rights of the
settlement.
parties, or to the right determination of the cause. (Manalang v. Buendia,
A.C. No. 12079, 10 November 2020)
"Immoral conduct" has been defined as that conduct which is so willful,

flagrant, or shameless as to show indifference to the opinion of good and
respectable members of the community. 21 This Court has held that for
such conduct to warrant disciplinary action, the same must be "grossly
immoral, that is, it must be so corrupt and false as to constitute a criminal
act or so unprincipled as to be reprehensible to a high degree." (Fabugais
v. Faundo, G.R. No. 10145, 11 June 2018)
To be "dishonest" means the disposition to lie, cheat, deceive, defraud or

betray; be untrustworthy; lacking in integrity, honesty, probity, integrity in
principle, fairness and straightforwardness.
On the other hand, conduct that is "deceitful" means as follows:
Having the proclivity for fraudulent and deceptive misrepresentation,

artifice or device that is used upon another who is ignorant of the true facts,
to the prejudice and damage of the party imposed upon. In order to be
deceitful, the person must either have knowledge of the falsity or acted in
reckless and conscious ignorance thereof, especially if the parties are not
on equal terms, and was done with the intent that the aggrieved party act
thereon, and the latter indeed acted in reliance of the false statement or
deed in the manner contemplated to his injury. (Manalang v. Buendia, A.C.
No. 12079, 10 November 2020)
Common barratry consisting of frequently stirring up suits and quarrels

between individuals was a crime at the common law, and one of the
penalties for this offense when committed by an attorney was disbarment.
Statutes intended to reach the same evil have been provided in a number
of jurisdictions usually at the instance of the bar itself, and have been
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upheld as constitutional. The reason behind statutes of this type is not
difficult to discover. The law is a profession and not a business. The lawyer
may not seek or obtain employment by himself or through others for to do
so would be unprofessional. (In re: Luis B. Tagorda, 23 March 1929)
ii. Canon 2 – A lawyer shall make his legal Rule 2.03 of the CPR provides: x x x x
services available in an efficient and
convenient manner compatible with the Hence, lawyers are prohibited from soliciting cases for the purpose of gain,
independence, integrity, and effectiveness either personally or through paid agents or brokers. Such actuation
of the profession. constitutes malpractice, a ground for disbarment. (Linsangan v. Tolentino,
A.C. No. 6672, 4 September 2009)
Rule 2.01 - A lawyer shall not reject, except for valid
reasons, the cause of the defenseless or the oppressed.
Rule 2.03 of the CPR explicitly states that "[a] lawyer shall not do or permit
Rule 2.02 - In such cases, even if the lawyer does not to be done any act designed primarily to solicit legal business." Thus,
accept a case, he shall not refuse to render legal advice "ambulance chasing," or the solicitation of almost any kind of business by
to the person concerned if only to the extent necessary an attorney, personally or through an agent, in order to gain employment,
to safeguard the latter's rights. is proscribed. (Zamora v. Gallanaosa, A.C. No. 10738, 14 September
2020)
Rule 2.03 - A lawyer shall not do or permit to be done
any act designed primarily to solicit legal business.
General Rule: A lawyer cannot advertise his talents, as he is a member of
Rule 2.04 - A lawyer shall not charge rates lower than
an honorable profession whose primary purpose is to render public service
those customarily prescribed unless the circumstances
and help secure justice and in which the remuneration is a mere incident
so warrant.
Exceptions:
1. Publication in reputable law lists
2. Engaging in business or other occupations, EXCEPT:
a. Could be deemed improper,
b. Could be seen as indirect solicitation, or
c. Would be the equivalent of law practice
3. Ordinary, simple, and professional card
4. Simple announcements of the opening of a law firm or of changes in
the partnership associates, firm name, or office address, being for
the convenience of the profession
5. Listing in a phone directory, but not under a designation of a special
branch of law
6. The offer of free legal services to the indigent, even when
broadcasted over the radio or tendered or through circulation of
printed matter to the general public
7. Seeking a public office, which can only be held by a lawyer, or in a
dignified manner, a position as a full time corporate counsel
8. Activity of an associate for the purpose of legal representation
9. With propriety, written articles for publications in which a lawyer gives
information about the law; but he should not accept employment from
such publications to advise inquiries in respect to their individual
rights (Source: Agpalo, Legal and Judicial Ethics, 2009 ed., pp. 119-
123)
iii. Canon 3 – A lawyer in making known his Canons of the CPR are rules of conduct all lawyers must adhere to,
legal services shall use only true, honest, including the manner by which a lawyer’s services are to be made known.
fair, dignified, and objective information or Thus, Canon 3 of the CPR provides: x x x x
statement of facts.
Time and time again, lawyers are reminded that the practice of law is a
Rule 3.01 - A lawyer shall not use or permit the use of profession and not a business; lawyers should not advertise their talents
any false, fraudulent, misleading, deceptive, undignified, as merchants advertise their wares. To allow a lawyer to advertise his
self-laudatory or unfair statement or claim regarding his talent or skill is to commercialize the practice of law, degrade the profession
qualifications or legal services. in the public’s estimation and impair its ability to efficiently render that high
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character of service to which every member of the bar is called. (Linsangan
Rule 3.02 - In the choice of a firm name, no false, v. Tolentino, A.C. No. 6672, 4 September 2009)
misleading or assumed name shall be used. The
continued use of the name of a deceased partner is
permissible provided that the firm indicates in all its A lawyer’s best advertisement is a well-merited reputation for professional
communications that said partner is deceased. capacity and fidelity to trust based on his character and conduct. For this
reason, lawyers are only allowed to announce their services by publication
Rule 3.03 - Where a partner accepts public office, he in reputable law lists or use of simple professional cards.
shall withdrawal from the firm and his name shall be
dropped from the firm name unless the law allows him to Professional calling cards may only contain the following details:
practice law currently.
(a) lawyer’s name;
Rule 3.04 - A lawyer shall not pay or give anything of (b) name of the law firm with which he is connected;
value to representatives of the mass media in (c) address;
anticipation of, or in return for, publicity to attract legal (d) telephone number and
business. (e) special branch of law practiced.
Labiano’s calling card contained the phrase "with financial assistance." The
phrase was clearly used to entice clients (who already had representation)
to change counsels with a promise of loans to finance their legal actions.
Money was dangled to lure clients away from their original lawyers, thereby
taking advantage of their financial distress and emotional vulnerability. This
crass commercialism degraded the integrity of the bar and deserved no
place in the legal profession. (Linsangan v. Tolentino, A.C. No. 6672, 4
September 2009)
The attorney's roll or register is the official record containing the names and
signatures of those who are authorized to practice law. A lawyer is not
authorized to use a name other than the one inscribed in the Roll of
Attorneys in his practice of law. (Pangan v. Ramos, A.M. No. 1053, 7
September 1979)
iv. Canon 4 – A lawyer shall participate in the
development of the legal system by
initiating or supporting efforts in law reform
and in the improvement of the
administration of justice.
v. Canon 5 – A lawyer shall keep abreast of Mandatory Continuing Legal Education (Bar Matter No. 850, 22
legal developments, participate in August 2000)
continuing legal education programs,
support efforts to achieve high standards in 1. Purpose: Continuing legal education is required of members of the
law schools as well as in the practical Integrated Bar of the Philippines (IBP) to ensure that throughout their
training of law students and assist in career, they keep abreast with law and jurisprudence, maintain the
disseminating information regarding the ethics of the profession and enhance the standards of the practice of
law and jurisprudence. law.
It must be emphasized that the primary duty of lawyers is to obey the laws
of the land and promote respect for the law and legal processes. They are
expected to be in the forefront in the observance and maintenance of the
rule of law. This duty carries with it the obligation to be well-informed of the
existing laws and to keep abreast with legal developments, recent
enactments and jurisprudence. It is imperative that they be conversant with
basic legal principles. Unless they faithfully comply with such duty, they
may not be able to discharge competently and diligently their obligations
as members of the bar. Worse, they may become susceptible to committing
mistakes. (Santiago v. Rafanan, A.C. No. 6252, October 5, 2004)
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i. Canon 6 – These canons shall apply to The key to unlock Rule 6.03 lies in comprehending first, the meaning of
lawyers in government service in the "matter" referred to in the rule and, second, the metes and bounds of the
discharge of their official tasks. "intervention" made by the former government lawyer on the "matter." The
American Bar Association in its Formal Opinion 342, defined "matter" as
Rule 6.01 - The primary duty of a lawyer engaged in any discrete, isolatable act as well as identifiable transaction or conduct
public prosecution is not to convict but to see that justice involving a particular situation and specific party, and not merely an act of
is done. The suppression of facts or the concealment of drafting, enforcing or interpreting government or agency procedures,
witnesses capable of establishing the innocence of the regulations or laws, or briefing abstract principles of law. (Presidential
accused is highly reprehensible and is cause for Commission on Good Government v. Sandiganbayan, et.al., G.R. Nos.
disciplinary action. 151809-12, 12 April 2005)
Rule 6.02 - A lawyer in the government service shall not

use his public position to promote or advance his private In fine, the intervention cannot be insubstantial and insignificant.
interests, nor allow the latter to interfere with his public Originally, Canon 36 provided that a former government lawyer "should
duties. not, after his retirement, accept employment in connection with any matter
which he has investigated or passed upon while in such office or employ."
Rule 6.03 - A lawyer shall not, after leaving government As aforediscussed, the broad sweep of the phrase "which he has
service, accept engagement or employment in investigated or passed upon" resulted in unjust disqualification of former
connection with any matter in which he had intervened government lawyers. The 1969 Code restricted its latitude, hence, in DR
while in said service. 9-101(b), the prohibition extended only to a matter in which the lawyer,
while in the government service, had "substantial responsibility." The
1983 Model Rules further constricted the reach of the rule. MR 1.11(a)
provides that "a lawyer shall not represent a private client in connection
with a matter in which the lawyer participated personally and substantially
as a public officer or employee." (PCGG v. Sandiganbayan, et.al., G.R.
Nos. 151809-12, 12 April 2005)
The "revolving door" – the process by which lawyers temporarily enter

government service from private life then leave it for large fees in private
practice, where they can exploit information, contacts, and influence
garnered in government service. To address this, the disqualification of a
former government lawyer who has entered private practice may be sought
based either on "adverse-interest conflict" or "congruent-interest
representation conflict."
In the "adverse-interest conflict," a former government lawyer is enjoined

from representing a client in private practice if the matter is substantially
related to a matter that the lawyer dealt with while employed by the
government and if the interests of the current and former clients are
adverse. It must be observed that the "adverse-interest conflict" applies to
all lawyers in that they are generally disqualified from accepting
employment in a subsequent representation if the interests of the former
client and the present client are adverse and the matters involved are the
same or substantially related. On the other hand, in "congruent-interest
representation conflict," the disqualification does not really involve a
conflict at all, because it prohibits the lawyer from representing a private
practice client even if the interests of the former government client and the
new client are entirely parallel. The "congruent-interest representation
conflict," unlike the "adverse-interest conflict," is unique to former
government lawyers.
Chapter II – The Lawyer and the Legal Profession
ii. Canon 7 – A lawyer shall at all times uphold Upon the facts on Record even without testimonial evidence from
the integrity and dignity of the legal Complainant, we find Respondent's lack of good moral character
profession and support the activities of the sufficiently established.
integrated bar.
Firstly, his declaration in his application for Admission to the 1981 Bar
Examinations that he was "single" was a gross misrepresentation of a
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Rule 7.01 - A lawyer shall be answerable for knowingly material fact made in utter bad faith, for which he should be made
making a false statement or suppressing a material fact answerable. Rule 7.01, Canon 7, Chapter II of the Code of Professional
in connection with his application for admission to the Responsibility explicitly provides: "A lawyer shall be answerable for
bar. knowingly making a false statement or suppression of a material fact in
connection with his application for admission to the bar." That false
Rule 7.02 - A lawyer shall not support the application for statement, if it had been known, would have disqualified him outright from
admission to the bar of any person known by him to be taking the Bar Examinations as it indubitably exhibits lack of good moral
unqualified in respect to character, education, or other character.
relevant attribute.
Respondent's protestations that he had acted in good faith in declaring his
Rule 7.03 - A lawyer shall not engage in conduct that status as "single" not only because of his pact with Complainant to keep
adversely reflects on his fitness to practice law, nor shall the marriage under wraps but also because that marriage to the
he whether in public or private life, behave in a Complainant was void from the beginning, are mere afterthoughts
scandalous manner to the discredit of the legal absolutely wanting of merit. Respondent cannot assume that his marriage
profession. to Complainant is void. The presumption is that all the requisites and
conditions of a marriage of an exceptional character under Article 76 of the
Civil Code have been met and that the Judge's official duty in connection
therewith has been regularly performed. (Leda v. Tabang, A.C. No. 2505,
21 February 1992)
iii. Canon 8 – A lawyer shall conduct himself With regard to respondent’s violation of Rule 8.02 of the CPR, settled is
with courtesy, fairness, and candor toward the rule that a lawyer should not steal another lawyer’s client nor induce
his professional colleagues, and shall avoid the latter to retain him by a promise of better service, good result or
harassing tactics against opposing reduced fees for his services. Again the Court notes that respondent never
counsel. denied having these seafarers in his client list nor receiving benefits from
Labiano’s "referrals." Furthermore, he never denied Labiano’s connection
Rule 8.01 - A lawyer shall not, in his professional to his office. Respondent committed an unethical, predatory overstep into
dealings, use language which is abusive, offensive or another’s legal practice. He cannot escape liability under Rule 8.02 of the
otherwise improper. CPR. (Linsangan v. Tolentino, A.C. No. 6672, 4 September 2009)
Rule 8.02 - A lawyer shall not, directly or indirectly,

encroach upon the professional employment of another Lawyers are licensed officers of the court who are empowered to appear,
lawyer, however, it is the right of any lawyer, without fear prosecute, and defend; and upon whom peculiar duties, responsibilities,
or favor, to give proper advice and assistance to those and liabilities are devolved by law as a consequence. Membership in the
seeking relief against unfaithful or neglectful counsel. Bar imposes upon them certain obligations. Mandated to maintain the
dignity of the legal profession, they must conduct themselves honorably
and fairly. To this end, Canon 8 of the CPR commands, to wit: x x x x
Case law instructs that "[l]awyers should treat their opposing counsels and
other lawyers with courtesy, dignity [,] and civility. A great part of their
comfort, as well as of their success at the bar, depends upon their relations
with their professional brethren. Since they deal constantly with each other,
they must treat one another with trust and respect. Any undue ill feeling
between clients should not influence counsels in their conduct and
demeanor toward each other. Mutual bickering, unjustified recriminations
[,] and offensive behavior among lawyers not only detract from the dignity
of the legal profession, but also constitute highly unprofessional conduct
subject to disciplinary action."
In this case, respondent's underhanded tactics against complainant were

in violation of Canon 8 of the CPR. As aptly pointed out by the Investigating
Commissioner, instead of availing of remedies to contest the ruling adverse
to his client, respondent resorted to personal attacks against the opposing
litigant's counsel, herein complainant. Thus, it appears that respondent's
acts of repeatedly intimidating, harassing, and blackmailing complainant
with purported administrative and criminal cases and prejudicial media
exposures were performed as a tool to return the inconvenience suffered
by his client. His actions demonstrated a misuse of the legal processes
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available to him and his client, especially considering that the aim of every
lawsuit should be to render justice to the parties according to law, not to
harass them. More significantly, the foregoing showed respondent's lack of
respect and despicable behavior towards a colleague in the legal
profession, and constituted conduct unbecoming of a member thereof.
(Roque v. Balbin, A.C. No. 7088, 4 December 2018)
iv. Canon 9 – A lawyer shall not, directly or A lawyer who allows a non-member of the Bar to misrepresent himself as
indirectly, assist in the unauthorized a lawyer and to practice law is guilty of violating Canon 9 and Rule 9.01 of
practice of law. the Code of Professional Responsibility, which read as follows: x x x x
Rule 9.01 - A lawyer shall not delegate to any unqualified The term "practice of law" implies customarily or habitually holding
person the performance of any task which by law may oneself out to the public as a lawyer for compensation as a source of
only be performed by a member of the bar in good livelihood or in consideration of his services. Holding one's self out as a
standing. lawyer may be shown by acts indicative of that purpose like identifying
oneself as attorney, appearing in court in representation of a client, or
Rule 9.02 - A lawyer shall not divide or stipulate to divide associating oneself as a partner of a law office for the general practice of
a fee for legal services with persons not licensed to law. Such acts constitute unauthorized practice of law.
practice law, except:
The lawyer's duty to prevent, or at the very least not to assist in, the
(a) Where there is a pre-existing agreement with a unauthorized practice of law is founded on public interest and policy. Public
partner or associate that, upon the latter's policy requires that the practice of law be limited to those individuals found
death, money shall be paid over a reasonable duly qualified in education and character. The permissive right conferred
period of time to his estate or to persons on the lawyer is an individual and limited privilege subject to withdrawal if
specified in the agreement; or he fails to maintain proper standards of moral and professional conduct.
The purpose is to protect the public, the court, the client, and the bar from
(b) Where a lawyer undertakes to complete the incompetence or dishonesty of those unlicensed to practice law and
unfinished legal business of a deceased lawyer; not subject to the disciplinary control of the Court. It devolves upon a lawyer
or to see that this purpose is attained. Thus, the canons and ethics of the
profession enjoin him not to permit his professional services or his name
(c) Where a lawyer or law firm includes non-lawyer to be used in aid of, or to make possible the unauthorized practice of law
employees in a retirement plan even if the plan by, any agency, personal or corporate. And, the law makes it a misbehavior
is based in whole or in part, on a profit sharing on his part, subject to disciplinary action, to aid a layman in the
agreement. unauthorized practice of law. (David Yu Kimteng v. Young, et. al., G.R. No.
210554, 5 August 2015)
Chapter III – The Lawyer and the Courts
v. Canon 10 – A lawyer owes candor, fairness, Rule 10.03, Canon 10 of the Code of Professional Responsibility mandates
and good faith to the court. all lawyers to observe the rules of procedure and not misuse them to defeat
the ends of justice. To say that lawyers must at all times uphold and respect
Rule 10.01 - A lawyer shall not do any falsehood, nor the law is to state the obvious, but this statement's profound importance
consent to the doing of any in Court; nor shall he mislead, can never be over-stressed. Considering that, of all classes and
or allow the Court to be misled by any artifice. professions, lawyers are most sacredly bound to uphold the law, it is
imperative that they also live by the law.
Rule 10.02 - A lawyer shall not knowingly misquote or
misrepresent the contents of a paper, the language or x x x x
the argument of opposing counsel, or the text of a
decision or authority, or knowingly cite as law a provision Lamentably, many legal practitioners use their knowledge of the law to
already rendered inoperative by repeal or amendment, perpetrate misdeeds or to serve their selfish motives. Respondent was
or assert as a fact that which has not been proved. found to be one of these lawyers who has repeatedly deliberately abused
court processes to fulfill his unlawful intentions and to harass fellow lawyers
Rule 10.03 - A lawyer shall observe the rules of and their clients as well as judges and court employees who do not actuate
procedure and shall not misuse them to defeat the ends his bidding.
of justice.
Records reveal that in order to unduly prolong the proceedings in different
cases filed against him, respondent had interposed numerous appeals and
petitions from issuances rendered by courts in these cases. A template for
this kind of practice, G.R. No. 157659 and G.R. No. 157660, respondent
deliberately ignored the final and executory decisions therein and
disregarded the writs of possession correspondingly issued by the courts.
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Respondent's dilatory and vexatious tactics were obviously to delay the full
enforcement of the courts' decisions that were adverse to him. It is a
fundamental rule that it is the ministerial duty of courts of law to issue a writ
of possession once the decision in a case becomes final and executory.
As it was, however, despite finality, respondent did not recognize these
decisions, rendering them inutile. Worse, respondent employed all possible
ways to stall the execution of the final and executory decisions.
Respondent's act of unduly extending the proceedings in these cases

clearly run counter to the objective of the Rules of Court to promote a just,
speedy, and inexpensive disposition of every action and proceeding.
(Genato v. Mallari, A.C. No. 12486, 15 October 2019)
As officers of the court, lawyers are expected to act with complete candor.
They may not resort to the use of deception, not just in some, but in all their
dealings. The CPR bars lawyers from committing or consenting to any
falsehood, or from misleading or allowing the court to be misled by any
artifice or guile in finding the truth. Needless to say, complete and absolute
honesty is expected of lawyers when they appear and plead before the
courts. Any act that obstructs or impedes the administration of justice
constitutes misconduct which merits disciplinary action on lawyers. (Lim v.
Mendoza, A.C. No. 10261, 16 July 2019)
On the other hand, bribery is classified as a serious charge that constitutes

malfeasance in office. When an attempted bribery is committed, the
transaction is always done in secret and often only between the two parties
concerned. A lawyer who commits attempted bribery, or corruption of
public officials, against a judge or a court personnel, violates Canon 10 and
Rule 10.01 of the Code, to wit: x x x
In this case, while CV Case No. 2004-0181-D was pending before the sala
of complainant, where respondent was the counsel for the plaintiff therein,
respondent fraternized with complainant and gave an impression that he
was an influence peddler. He tried to impress complainant with his
influence by dropping names of two Justices of the Supreme Court, who
were supposedly his colleagues and close friends.
Then, while defendants' notice of appeal was pending before complainant,

respondent asked him to deny the said notice and issue a writ of execution.
He declared that the case of Pathways was closely monitored by the said
Supreme Court Justices. He also stated that then President Aquino III
would supposedly appoint him as the Presidential Legal Consultant. Verily,
respondent consistently applied his influence peddling scheme in order to
persuade complainant to rule in favor of his client.
At the same time, he related to complainant that he would share a portion

of his attorney's fees with complainant in exchange for the issuance of the
writ of execution and the denial of the notice of appeal filed by defendants.
He also insisted that a portion of the judgment would be donated to the
U.P. Law Center. Evidently, this constitutes attempted bribery or corruption
of public officers on the part of respondent as he offered monetary
consideration in exchange for a favorable ruling. (Dumlao, Jr. v. Camacho,
A.C. No. 10498, 4 September 2018)
vi. Canon 11 – A lawyer shall observe and A lawyer must foster respect for the courts and its officers. A lawyer must
maintain respect due to the courts and to not sow hate or disrespect against the court and its members. He or she
must be at the forefront in upholding its dignity. A lawyer, more than
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judicial officers and should insist on similar anyone, must know that there are proper venues for grievances against a
conduct by others. magistrate or his or her decision or orders, which are sanctioned by law.
Debate, a public one at that, is not one of these remedies.
Rule 11.01 - A lawyer shall appear in court properly
attired. By provoking a sitting Justice of the Court of Appeals to a debate,
respondent violated his basic obligation under the Rules of Court to obey
Rule 11.02 - A lawyer shall punctually appear at court the laws of the Philippines, and to observe and maintain the respect due to
hearings. the courts of justice and judicial officers.11 He also transgressed Rule
11.05, Canon 11 of the Code of Professional Responsibility, which
Rule 11.03 - A lawyer shall abstain from scandalous, provides:
offensive or menacing language or behavior before the
Courts. 11.05 - A lawyer shall submit grievances against a Judge to the proper
authorities only. (Genato v. Mallari, A.C. No. 12486, 15 October 2019)
Rule 11.04 - A lawyer shall not attribute to a Judge
motives not supported by the record or have no
materiality to the case. Contempt of court is a defiance of the authority, justice or dignity of the
court, such conduct as tends to bring the authority and administration of
Rule 11.05 - A lawyer shall submit grievances against a the law into disrespect or to interfere with or prejudice parties, litigant or
Judge to the proper authorities only. their witnesses during litigation.
There are two kinds of contempt punishable by law: direct contempt and
indirect contempt. Direct contempt is committed when a person is guilty
of misbehavior in the presence of or so near a court as to obstruct or
interrupt the proceedings before the same, including disrespect toward the
court, offensive personalities toward others, or refusal to be sworn or to
answer as a witness, or to subscribe an affidavit or deposition when lawfully
required to do so. Indirect contempt or constructive contempt is that
which is committed out of the presence of the court. Any improper conduct
tending, directly or indirectly, to impede, obstruct, or degrade the
administration of justice would constitute indirect contempt.
A pleading containing derogatory, offensive or malicious statements

submitted before a court or judge where the proceedings are pending
constitutes direct contempt, because it is equivalent to misbehavior
committed in the presence of or so near a court or judge as to interrupt the
administration of justice. In this regard, respondent committed a serious
blunder when he cited complainant for indirect contempt. (Baculi v. Belen,
A.M. No. RTJ-09-2176, 20 April 2009)
vii. Canon 12 – A lawyer shall exert every effort Likewise, Atty. Deloria violated Rule 12.02, Canon 12 of the CPR on forum
and consider it his duty to assist in the shopping, which states: x x x x
speedy and efficient administration of
justice. Forum shopping exists when, as a result of an adverse decision in one
forum, or in anticipation thereof, a party seeks a favorable opinion in
Rule 12.01 - A lawyer shall not appear for trial unless he another forum through means other than appeal or certiorari. There is
has adequately prepared himself on the law and the facts forum shopping when the elements of litis pendentia are present or where
of his case, the evidence he will adduce and the order of a final judgment in one case will amount to res judicata in another. They
its proferrence. He should also be ready with the original are as follows: (a) identity of parties, or at least such parties that represent
documents for comparison with the copies. the same interests in both actions; (b) identity of rights or causes of action;
and (c) identity of relief sought. (Buenavista Properties, Inc. v. Deloria, A.C.
Rule 12.02 - A lawyer shall not file multiple actions No. 12160, 14 August 2018)
arising from the same cause.
Rule 12.03 - A lawyer shall not, after obtaining To aggravate further respondent's administrative liability, the Court notes
extensions of time to file pleadings, memoranda or that respondent initially moved for an extension of time to tile comment but
briefs, let the period lapse without submitting the same did not file the same) prompting the Court to repeatedly fine him and order
or offering an explanation for his failure to do so. his arrest. Such audacity on the part of respondent - which caused undue
delay in the resolution of this administrative case - is a violation of Canon
9
Rule 12.04 - A lawyer shall not unduly delay a case, 11, Canon 12, Rule 12.03, and Rule 12.04 of the CPR, which respectively
impede the execution of a judgment or misuse Court read: x x x x
processes.
Verily, respondent's acts of seeking for extension of time to file a comment,
Rule 12.05 - A lawyer shall refrain from talking to his and thereafter, failing to file the same and ignoring the numerous directives
witness during a break or recess in the trial, while the not only indicated a high degree of irresponsibility, but also constituted utter
witness is still under examination. disrespect to the judicial institution. The orders of the Court are not to be
construed as a mere request, nor should they be complied with partially,
Rule 12.06 - A lawyer shall not knowingly assist a inadequately, or selectively; and the obstinate refusal or failure to comply
witness to misrepresent himself or to impersonate therewith not only betrays a recalcitrant flaw in the lawyer's character, but
another. also underscores his disrespect to the lawful orders of the Court which is
only too deserving of reproof. Undoubtedly, the Court's patience has been
Rule 12.07 - A lawyer shall not abuse, browbeat or tested to the limit by what in hindsight amounts to a lawyer's impudence
harass a witness nor needlessly inconvenience him. and disrespectful bent. At the minimum, members of the legal fraternity
owe courts of justice respect, courtesy, and such other becoming conduct
Rule 12.08 - A lawyer shall avoid testifying in behalf of essential in the promotion of orderly, impartial, and speedy justice. What
his client, except: respondent has done was the exact opposite; hence, he must be
disciplined accordingly. (Roque v. Balbin, A.C. No. 7088, 4 December
(a) on formal matters, such as the mailing, 2018)
authentication or custody of an instrument, and
the like; or
(b) on substantial matters, in cases where his

testimony is essential to the ends of justice, in
which event he must, during his testimony,
entrust the trial of the case to another counsel.
viii. Canon 13 – A lawyer shall rely upon the The highly immoral implication of a lawyer approaching a judge — or a
merits of his cause and refrain from any judge evincing a willingness — to discuss, in private, a matter related to a
impropriety which tends to influence, or case pending in that judge's sala cannot be over-emphasized. A lawyer is
gives the appearance of influencing the duty-bound to actively avoid any act that tends to influence, or may be seen
court. to influence, the outcome of an ongoing case, lest the people's faith in the
judicial process is diluted. The primary duty of lawyers is not to their clients
Rule 13.01 - A lawyer shall not extend extraordinary but to the administration of justice. To that end, their clients' success is
attention or hospitality to, nor seek opportunity for wholly subordinate. The conduct of a member of the bar ought to and must
cultivating familiarity with Judges. always be scrupulously observant of the law and ethics. Any means, not
honorable, fair and honest which is resorted to by the lawyer, even in the
Rule 13.02 - A lawyer shall not make public statements pursuit of his devotion to his client's cause, is condemnable and unethical.
in the media regarding a pending case tending to arouse
public opinion for or against a party. A lawyer that approaches a judge to try to gain influence and receive a
favorable outcome for his or her client violates Canon 13 of the Code.
Rule 13.03 - A lawyer shall not brook or invite (Dumlao, Jr. v. Camacho, A.C. No. 10498, 4 September 2018)
interference by another branch or agency of the
government in the normal course of judicial proceedings.
Sub Judice is a Latin term which refers to matters under or before a judge
or court; or matters under judicial consideration.19 In essence, the sub
judice rule restricts comments and disclosures pertaining to pending
judicial proceedings. The restriction applies to litigants and witnesses, the
public in general, and most especially to members of the Bar and the
Bench. (Re: Show Cause Order in the Decision dated May 11, 2018 in G.R.
No. 237428 [Republic of the Philippines, represented by Solicitor General
Jose C. Calida v. Maria Lourdes P.A. Sereno], A.M. No. 18-06-01-SC, 17
July 2018)
Closely linked with the right to freedom of speech and of the press is the
public right to scrutinize and criticize government. The freedom to question
the government has been a protected right of long-standing tradition
throughout American history. There is no doubt that the fundamental
10
freedom to criticize government necessarily includes the right to criticize
the courts, their proceedings and decisions. Since the drafting of their
Constitution over 200 years ago, American judges have anticipated and
sometimes even encouraged public scrutiny of themselves, if not of the
judiciary as a whole.
This open justice principle, which is as fundamental to a democratic

society as freedom of speech, has been an accepted doctrine in several
jurisdictions. It is justified on the ground that if the determination of justice
cannot be hidden from the public, this will provide: (1) a safeguard against
judicial arbitrariness or idiosyncrasy, and (2) the maintenance of the
public’s confidence in the administration of justice. (In the Matter of the
Allegations Contained in the Columns of Mr. Amado P. Macasaet
Published in Malaya dated September 18, 19, 20, and 21, 2007, A.M. No.
07-09-13-SC, 8 August 2008)
To accomplish these tasks, an independent judiciary is very vital. Judicial

independence is the backbone of democracy. It is essential not only to the
preservation of our justice system, but of government as well. Chief Justice
Shirley Abrahamson of the Wisconsin Supreme Court has observed that
judicial independence encompasses two distinct but related concepts of
independence.
One concept is individual judicial independence, which focuses on each

particular judge and seeks to insure his or her ability to decide cases with
autonomy within the constraints of the law. A judge has this kind of
independence when he can do his job without having to hear – or at least
without having to take it seriously if he does hear – criticisms of his personal
morality and fitness for judicial office. The second concept is institutional
judicial independence. It focuses on the independence of the judiciary as
a branch of government and protects judges as a class. (In the Matter of
the Allegations Contained in the Columns of Mr. Amado P. Macasaet
Published in Malaya dated September 18, 19, 20, and 21, 2007, A.M. No.
07-09-13-SC, 8 August 2008)
Chapter IV – The Lawyer and the Client
ix. Canon 14 – A lawyer shall not refuse his It is settled that a lawyer is not obliged to act as counsel for every person
services to the needy. who may wish to become his client. He has the right to decline employment
subject, however, to the provisions of Canon 14 of the Code of Professional
Rule 14.01 - A lawyer shall not decline to represent a Responsibility. Once he agrees to take up the cause of a client, he owes
person solely on account of the latter's race, sex. creed fidelity to such cause and must always be mindful of the trust and
or status of life, or because of his own opinion regarding confidence reposed on him. Respondent Meneses, as counsel, had the
the guilt of said person. obligation to inform his client of the status of the case and to respond within
a reasonable time to his client's request for information. Respondent's
Rule 14.02 - A lawyer shall not decline, except for failure to communicate with his client by deliberately disregarding its
serious and sufficient cause, an appointment as counsel requests for an audience or conference is an unjustifiable denial of its right
de officio or as amicus curiae, or a request from the to be fully informed of the developments in and the status of its case.
Integrated Bar of the Philippines or any of its chapters for (Navarro v. Meneses, A.C. No. 313, 30 January 1998)
rendition of free legal aid.
Rule 14.03 - A lawyer may not refuse to accept Rule 14.01 of the Code of Professional Responsibility clearly directs
representation of an indigent client unless: lawyers not to discriminate clients as to their belief of the guilt of the latter.
It is ironic that it is the defense counsel that actually branded his own clients
(a) he is not in a position to carry out the work as being the culprits that "salvaged" the victims. Though he might think of
effectively or competently; his clients as that, still it is unprofessional to be labeling an event as such
when even the Sandiganbayan had not done so. (Francisco, et.al. v.
Portugal, A.C. No. 6155, 14 March 2006)
11
(b) he labors under a conflict of interest between
him and the prospective client or between a A counsel de oficio is expected to do his utmost. A mere pro-forma
present client and the prospective client. appointment of de oficio counsel who fails to genuinely protect the interests
of the accused merits disapprobation. The exacting demands expected of
Rule 14.04 - A lawyer who accepts the cause of a person a lawyer should be no less than stringent when one is a counsel de officio.
unable to pay his professional fees shall observe the He must take the case not as a burden but as an opportunity to assist in
same standard of conduct governing his relations with the proper dispensation of justice. No lawyer is to be excused from this
paying clients. responsibility except only for the most compelling and cogent reasons.
(People v. Bermas, G.R. No. 120420, 21 April 1999)
x. Canon 15 – A lawyer shall observe candor, Rules 15.01 and 15.03, Canon 15 of the CPR state: x x x x
fairness, and loyalty in all his dealings and
transactions with his clients. In Hornilla v. Salunat, the Court explained the test to determine conflict of
interest, to wit:
Rule 15.01. - A lawyer, in conferring with a prospective
client, shall ascertain as soon as practicable whether the There is conflict of interest when a lawyer represents inconsistent interests
matter would involve a conflict with another client or his of two or more opposing parties. The test is "whether or not in behalf of one
own interest, and if so, shall forthwith inform the client, it is the lawyer's duty to fight for an issue or claim, but it is his duty
prospective client. to oppose it for the other client. In brief, if he argues for one client, this
argument will be opposed by him when he argues for the other client." This
Rule 15.02. - A lawyer shall be bound by the rule on rule covers not only cases in which confidential communications have been
privilege communication in respect of matters disclosed confided, but also those in which no confidence has been bestowed or will
to him by a prospective client. be used. Also, there is conflict of interest if the acceptance of the new
retainer will require the attorney to perform an act which will injuriously
Rule 15.03. - A lawyer shall not represent conflicting affect his first client in any matter in which he represents him and also
interests except by written consent of all concerned whether he will be called upon in his new relation to use against his first
given after a full disclosure of the facts. client any knowledge acquired through their connection. Another test of the
inconsistency of interests is whether the acceptance of a new relation will
Rule 15.04. - A lawyer may, with the written consent of prevent an attorney from the full discharge of his duty of undivided fidelity
all concerned, act as mediator, conciliator or arbitrator in and loyalty to his client or invite suspicion of unfaithfulness or double-
settling disputes. dealing in the performance thereof.
Rule 15.05. - A lawyer when advising his client, shall give "The rule against conflict of interest also 'prohibits a lawyer from
a candid and honest opinion on the merits and probable representing new clients whose interests oppose those of a former client
results of the client's case, neither overstating nor in any manner, whether or not they are parties in the same action or on
understating the prospects of the case. totally unrelated cases,' since the representation of opposing clients, even
in unrelated cases, 'is tantamount to representing conflicting interests or,
Rule 15.06. - A lawyer shall not state or imply that he is at the very least, invites suspicion of double-dealing which the Court cannot
able to influence any public official, tribunal or legislative allow."' Moreover, the requirement under Rule 15.03 is quite clear. A lawyer
body. must secure the written consent of all concerned parties after a full
disclosure of the facts; failure to do so would subject him to disciplinary
Rule 15.07. - A lawyer shall impress upon his client action as he would be found guilty of representing conflicting interests.
compliance with the laws and the principles of fairness. (Buenavista Properties, Inc. v. Deloria, A.C. No. 12160, 14 August 2018)
Rule 15.08. - A lawyer who is engaged in another

profession or occupation concurrently with the practice In engaging the services of an attorney, the client reposes on him special
of law shall make clear to his client whether he is acting powers of trust and confidence. Their relationship is strictly personal and
as a lawyer or in another capacity. highly confidential and fiduciary. The relation is of such delicate, exacting
and confidential nature that is required by necessity and public interest.
Only by such confidentiality and protection will a person be encouraged to
repose his confidence in an attorney. The hypothesis is that abstinence
from seeking legal advice in a good cause is an evil which is fatal to the
administration of justice. Thus, the preservation and protection of that
relation will encourage a client to entrust his legal problems to an attorney,
which is of paramount importance to the administration of justice. One rule
adopted to serve this purpose is the attorney-client privilege: an attorney
is to keep inviolate his client's secrets or confidence and not to abuse them.
Thus, the duty of a lawyer to preserve his client's secrets and confidence
outlasts the termination of the attorney-client relationship, and continues
12
even after the client's death. It is the glory of the legal profession that its
fidelity to its client can be depended on, and that a man may safely go to a
lawyer and converse with him upon his rights or supposed rights in any
litigation with absolute assurance that the lawyer's tongue is tied from ever
disclosing it. (Mercado v. Vitriolo, A.C. No. 5108, 26 May 2005)
xi. Canon 16 – A lawyer shall hold in trust all Rule 16.01 of the Code of Professional Responsibility ("the Code")
moneys and properties of his client that provides that a lawyer shall account for all money or property collected for
may come into his possession. or from the client. Acceptance of money from a client establishes an
attorney-client relationship and gives rise to the duty of fidelity to the client's
Rule 16.01 - A lawyer shall account for all money or cause. Money entrusted to a lawyer for a specific purpose, such as for filing
property collected or received for or from the client. fee, but not used for failure to file the case must immediately be returned
to the client on demand. Paguinto returned the money only after Pariñas
Rule 16.02 - A lawyer shall keep the funds of each client filed this administrative case for disbarment.. (Pariñas v. Paguinto, A.C.
separate and apart from his own and those of others kept No. 6297, 13 July 2004)
by him.
Rule 16.03 - A lawyer shall deliver the funds and Furthermore, respondent also violated Rule 16.01 and Rule 16.03, Canon
property of his client when due or upon demand. 16 of the CPR when she failed to return to complainant the total amount of
However, he shall have a lien over the funds and may P188,000.00 representing her legal fees despite numerous demands from
apply so much thereof as may be necessary to satisfy the latter, viz.: x x x x
his lawful fees and disbursements, giving notice promptly
thereafter to his client. He shall also have a lien to the It bears stressing that the relationship between a lawyer and his client is
same extent on all judgments and executions he has highly fiduciary and prescribes on a lawyer a great fidelity and good faith.
secured for his client as provided for in the Rules of The highly fiduciary nature of this relationship imposes upon the lawyer the
Court. duty to account for the money or property collected or received for or from
his client. Thus, a lawyer's failure to return upon demand the funds held by
Rule 16.04 - A lawyer shall not borrow money from his him on behalf of his client, as in this case, gives rise to the presumption
client unless the client's interest are fully protected by the that he has appropriated the same for his own use in violation of the trust
nature of the case or by independent advice. Neither reposed in him by his client. This act is a gross violation of general morality,
shall a lawyer lend money to a client except, when in the as well as of professional ethics. (Go v. Buri, A.C. No. 12296, 4 December
interest of justice, he has to advance necessary 2018)
expenses in a legal matter he is handling for the client.
Moreover, by engaging in a money-lending venture with his clients as

borrowers, respondent violated Rule 16.04: x x x x
The rule is that a lawyer shall not lend money to his client. The only
exception is, when in the interest of justice, he has to advance necessary
expenses (such as filing fees, stenographer’s fees for transcript of
stenographic notes, cash bond or premium for surety bond, etc.) for a
matter that he is handling for the client. x x x x
As previously mentioned, any act of solicitation constitutes malpractice

which calls for the exercise of the Court’s disciplinary powers. Violation of
anti-solicitation statutes warrants serious sanctions for initiating contact
with a prospective client for the purpose of obtaining employment. Thus, in
this jurisdiction, we adhere to the rule to protect the public from the
Machiavellian machinations of unscrupulous lawyers and to uphold the
nobility of the legal profession. (Linsangan v. Tolentino, A.C. No. 6672, 4
September 2009)
Commingling of Funds
Regarding the issue of commingling of funds, the Court ruled in the case
of Velez v. De Vera, citing Espiritu v. Ulep, that using a client's funds for
the lawyer's personal use and depositing the same in his personal account
is prohibited, to wit:
13
[A] lawyer's failure to return upon demand the funds or property held by
him on behalf of his client gives rise to the presumption that he has
appropriated the same for his own use to the prejudice of, and in violation
of the trust reposed in him by, his client. It is a gross violation of general
morality as well as of professional ethics; it impairs the public confidence
in the legal profession and deserves punishment.
Lawyers who misappropriate the funds entrusted to them are in gross

violation of professional ethics and are guilty of betrayal of public
confidence in the legal profession. Those who are guilty of such infraction
may be disbarred or suspended indefinitely from the practice of law.
(Aguilar-Dyquiangco v. Arellano, A.C. No. 10541, 12 July 2016)
An attorney's lien is of two kinds: one is called retaining lien and the other
charging lien. The retaining lien is the right of the attorney to retain the
funds, documents, and papers of his client which have lawfully come into
his possession until his lawful fees and disbursements have been paid and
to apply such funds to the satisfaction thereof. The charging lien is the
right which the attorney has upon all judgments for the payment of money,
and executions issued in pursuance of said judgments, which he has
secured in litigation of his client. (Peralta Vda. De Caina, et.al. v. Victoriano,
et. al., G.R. No. L-12905, 26 February 1959)
An attorney has a right to be paid a fair and reasonable compensation for

the services he has rendered to a client. As a security for his fees, Rule
138, Section 37 of the Rules of Court grants an attorney an equitable right
to a charging lien over money judgments he has secured in litigation for
his client. For the lien to be enforceable, the attorney must have caused:
(1) a statement of his claim to be entered in the record of the case while
the court has jurisdiction over the case and before the full satisfaction of
the judgment; and (2) a written notice of his claim to be delivered to his
client and to the adverse party. (Navarez v. Abrogar, G.R. No. 191641, 2
September 2015)
xii. Canon 17 – A lawyer owes fidelity to the In this case, Corazon attested to the fact that Atty. Deloria failed to
cause of his client and he shall be mindful communicate with and inform her, as his client, about her complaint against
of the trust and confidence reposed in him. BPI before the HLURB. Likewise, Atty. Deloria failed to file the required
position paper and draft decision before the HLURB. As such, he neglected
the legal matters entrusted to him and failed to serve his client with
competence and diligence, for which he must be clearly held
administratively liable. (Buenavista Properties, Inc. v. Deloria, A.C. No.
12160, 14 August 2018)
General Rule: A lawyer may not invoke the privilege and refuse to divulge
the name or identity of his client
Exceptions:
1. Client’s identity is privileged where a strong probability exists that
revealing the client’s name would implicate that client in the very
activity for which he sought the lawyer’s advice
2. Where disclosure would open the client to civil liability
3. Where the government’s lawyers have no case against an attorney’s
client unless, by revealing the client’s name, the said name would
furnish the only link that would form the chain of testimony necessary
to convict an individual of a crime
14
4. Competence and diligence (Source: AUSL Purple Notes 2019 for
Legal Ethics])
i. Canon 18 – A lawyer shall serve his client Rule 18.03, Canon 18 of the CPR, which reads: x x x x
with competence and diligence.
Case law exhorts that once a lawyer takes up the cause of his client, he is
Rule 18.01 - A lawyer shall not undertake a legal service duty-bound to serve the latter with competence, and to attend to such
which he knows or should know that he is not qualified client's cause with diligence, care, and devotion whether he accepts it for
to render. However, he may render such service if, with a fee or for free. He owes fidelity to such cause and must always be mindful
the consent of his client, he can obtain as collaborating of the trust and confidence reposed upon him. Therefore, a lawyer's
counsel a lawyer who is competent on the matter. neglect of a legal matter entrusted to him by his client constitutes
inexcusable negligence for which he must be held administratively liable,
Rule 18.02 - A lawyer shall not handle any legal matter as respondent in this case. (Go v. Buri, A.C. No. 12296, 4 December 2018)
without adequate preparation.
Rule 18.03 - A lawyer shall not neglect a legal matter Rule 18.02 of the Code provides that a lawyer shall not handle any legal
entrusted to him, and his negligence in connection matter without adequate preparation. While it is true that respondent was
therewith shall render him liable. not complainant’s lawyer from the trial to the appellate court stage, this fact
did not excuse him from his duty to diligently study a case he had agreed
Rule 18.04 - A lawyer shall keep the client informed of to handle. If he felt he did not have enough time to study the pertinent
the status of his case and shall respond within a matters involved, as he was approached by complainant’s husband only
reasonable time to the client's request for information. two days before the expiration of the period for filing the Appellant’s Brief,
respondent should have filed a motion for extension of time to file the
proper pleading instead of whatever pleading he could come up with, just
to "beat the deadline set by the Court of Appeals." (Hernandez v. Padilla,
A.C. No. 9387, 20 June 2012)
ii. Canon 19 – A lawyer shall represent his Furthermore, respondent's aforesaid acts of threatening complainant with
client with zeal within the bounds of the law. the filing of baseless administrative and criminal complaints in an effort to
strong-arm the latter and his client into submission not only contravened
Rule 19.01 - A lawyer shall employ only fair and honest the Lawyer's Oath, which exhorts that a lawyer shall "not wittingly or
means to attain the lawful objectives of his client and willingly promote or sue any groundless, false or unlawful suit, nor give aid
shall not present, participate in presenting or threaten to nor consent to the same," but also violated Canon 19 and Rule 19.01 of
present unfounded criminal charges to obtain an the CPR. In Aguilar-Dyquiangco v. Arellano, the Court held:
improper advantage in any case or proceeding.
Canon 19 of the Code of Professional Responsibility states that "a lawyer
Rule 19.02 - A lawyer who has received information that shall represent his client with zeal within the bounds of the law," reminding
his client has, in the course of the representation, legal practitioners that a lawyer's duty is not to his client but to the
perpetrated a fraud upon a person or tribunal, shall administration of justice; to that end, his client's success is wholly
promptly call upon the client to rectify the same, and subordinate; and his conduct ought to and must always be scrupulously
failing which he shall terminate the relationship with such observant of law and ethics. In particular, Rule 19.01 commands that a
client in accordance with the Rules of Court. "lawyer shall employ only fair and honest means to attain the lawful
objectives of his client and shall not present, participate in presenting or
Rule 19.03 - A lawyer shall not allow his client to dictate threaten to present unfounded criminal charges to obtain an improper
the procedure in handling the case. advantage in any case or proceeding." Under this Rule, a lawyer should
not file or threaten to file any unfounded or baseless criminal case or cases
against the adversaries of his client designed to secure a leverage to
compel the adversaries to yield or withdraw their own cases against the
lawyer's client. (Roque v. Balbin, A.C. No. 7088, 4 December 2018)
iii. Canon 20 – A lawyer shall charge only fair Generally, the amount of attorney's fees due is that stipulated in the
and reasonable fees. retainer agreement which is conclusive as to the amount of the lawyer’s
compensation. In the absence thereof, the amount of attorney's fees is
Rule 20.01 - A lawyer shall be guided by the following fixed on the basis of quantum meruit, i.e., the reasonable worth of the
factors in determining his fees: attorney’s services. Courts may ascertain also if the attorney's fees are
found to be excessive, what is reasonable under the circumstances. In no
(a) the time spent and the extent of the service case, however, must a lawyer be allowed to recover more than what is
rendered or required; reasonable, pursuant to Section 24, Rule 138 of the Rules of Court.
15
(b) the novelty and difficulty of the questions Canon 20 of the Code of Professional Responsibility states that "A lawyer
involved; shall charge only fair and reasonable fees." Rule 20.01 of the same canon
enumerates the following factors which should guide a lawyer in
(c) The importance of the subject matter; determining his fees: x x x x
(d) The skill demanded; We believe and so hold that the contingent fee here claimed by Atty. Cortes
was, under the facts obtaining in this case, grossly excessive and
(e) The probability of losing other employment as unconscionable. The issues involved could hardly be said to be novel and
a result of acceptance of the proffered case; Atty. Cortes in fact already knew that complainant was already hard up.
We have held that lawyering is not a moneymaking venture and lawyers
(f) The customary charges for similar services and are not merchants. Law advocacy, it has been stressed, is not capital that
the schedule of fees of the IBP chapter to which yields profits. The returns it births are simple rewards for a job done or
he belongs; service rendered. It is a calling that, unlike mercantile pursuits which enjoy
a greater deal of freedom from governmental interference, is impressed
(g) The amount involved in the controversy and the with a public interest, for which it is subject to State regulation. (Cortez v.
benefits resulting to the client from the service; Cortes, A.C. No. 9119, 12 March 2018)
(h) The contingency or certainty of compensation;

Sec. 24, Rule 138, Rules of Court (Compensation of Attorneys;
(i) The character of the employment, whether Agreement as to Fees). An attorney shall be entitled to have and recover
occasional or established; and from his client no more than a reasonable compensation for his
services, with a view to the importance of the subject matter of the
(j) The professional standing of the lawyer. controversy, the extent of the services rendered, and the professional
standing of the attorney. No court shall be bound by the opinion of
Rule 20.02 - A lawyer shall, in case of referral, with the attorneys as expert witnesses as to the proper compensation, but may
consent of the client, be entitled to a division of fees in disregard such testimony and base its conclusion on its own professional
proportion to the work performed and responsibility knowledge. A written contract for services shall control the amount to be
assumed. paid therefor unless found by the court to be unconscionable or
unreasonable.
Rule 20.03 - A lawyer shall not, without the full
knowledge and consent of the client, accept any fee,
reward, costs, commission, interest, rebate or forwarding
A contingent fee arrangement is an agreement laid down in an express
allowance or other compensation whatsoever related to
contract between a lawyer and a client in which the lawyer's professional
his professional employment from anyone other than the
fee, usually a fixed percentage of what may be recovered in the action is
client.
made to depend upon the success of the litigation. This arrangement is
valid in this jurisdiction. It is, however, under the supervision and scrutiny
Rule 20.04 - A lawyer shall avoid controversies with
of the court to protect clients from unjust charges. (Taganas v. National
clients concerning his compensation and shall resort to
Labor Relations Commission, G.R. No. 118746, 7 September 1995)
judicial action only to prevent imposition, injustice or
fraud.
A champertous contract is defined as a contract between a stranger and

a party to a lawsuit, whereby the stranger pursues the party’s claim in
consideration of receiving part or any of the proceeds recovered under the
judgment; a bargain by a stranger with a party to a suit, by which such third
person undertakes to carry on the litigation at his own cost and risk, in
consideration of receiving, if successful, a part of the proceeds or subject
sought to be recovered. An Agreement whereby the attorney agrees to pay
expenses of proceedings to enforce the client’s rights is champertous. [JBP
Holding Corporation v. U.S. 166 F. Supp. 324 (1958)]. Such agreements
are against public policy especially where as in this case, the attorney has
agreed to carry on the action at its own expense in consideration of some
bargain to have part of the thing in dispute. [See Sampliner v. Motion
Pictures Patents Co., et al., 225 F. 242 (1918). The execution of these
contracts violates the fiduciary relationship between the lawyer and his
client, for which the former must incur administrative sanction.
The intention of the law in prohibiting this kind of contract is to prevent a

lawyer from acquiring an interest in the subject of the litigation and to avoid
16
a conflict of interest between him and his client. (Nocom v. Camerino, et.al.,
G.R. No. 182984, 10 February 2009)
Quantum meruit – literally meaning as much as he deserves – is used as

basis for determining an attorney’s professional fees in the absence of an
express agreement. The recovery of attorney’s fees on the basis of
quantum meruit is a device that prevents an unscrupulous client from
running away with the fruits of the legal services of counsel without paying
for it and also avoids unjust enrichment on the part of the attorney himself.
An attorney must show that he is entitled to reasonable compensation for
the effort in pursuing the client’s cause, taking into account certain factors
in fixing the amount of legal fees. (Aquino v. Casabar, et. al., G.R. No.
191470, 26 January 2015)
iv. Canon 21 – A lawyer shall preserve the Additionally, by causing the filing of the complaint before the HLURB, the
confidences and secrets of his client even IBP-BOG correctly points out that respondent must have necessarily
after the attorney-client termination is divulged to Phil Golf and used information that he gathered while he was
terminated. complainant's counsel in violation of Rules 21.01 and 21.02 of the CPR,
which state: x x x x
Rule 21.01 - A lawyer shall not reveal the confidences or
secrets of his client except; The IBP-BOG properly found thus:
(a) When authorized by the client after acquainting him Using confidential information which he secured from complainant while he
of the consequences of the disclosure; was the latter's counsel; respondent accused his former client of several
violations. In the process, respondent disclosed confidential information
(b) When required by law; that he secured from complainant thereby jeopardizing the latter's interest.
As discussed below, respondent violated his professional oath and the
(c) When necessary to collect his fees or to defend CPR.
himself, his employees or associates or by judicial
action. xxxx In the instant case, despite the obvious conflict of interest between
complainant and Phil Golf, respondent nevertheless agreed to represent
Rule 21.02 - A lawyer shall not, to the disadvantage of the latter in business negotiations and worse, even caused the filing of a
his client, use information acquired in the course of law suit against his former client, herein complainant, using information the
employment, nor shall he use the same to his own respondent acquired from his former professional employment. (Palacios
advantage or that of a third person, unless the client with v. Amora, Jr., A.C. No. 11504, 1 August 2017)
full knowledge of the circumstances consents thereto.
Rule 21.03 - A lawyer shall not, without the written In Mercado v. Vitriolo, the Court elucidated on the factors essential to
consent of his client, give information from his files to an establish the existence of the said privilege, viz:
outside agency seeking such information for auditing,
statistical, bookkeeping, accounting, data processing, or In fine, the factors are as follows:
any similar purpose.
(1) There exists an attorney-client relationship, or a prospective
Rule 21.04 - A lawyer may disclose the affairs of a client attorney-client relationship, and it is by reason of this relationship
of the firm to partners or associates thereof unless that the client made the communication.
prohibited by the client.
Matters disclosed by a prospective client to a lawyer are protected by the
Rule 21.05 - A lawyer shall adopt such measures as may rule on privileged communication even if the prospective client does not
be required to prevent those whose services are utilized thereafter retain the lawyer or the latter declines the employment. The
by him, from disclosing or using confidences or secrets reason for this is to make the prospective client free to discuss whatever
of the clients. he wishes with the lawyer without fear that what he tells the lawyer will be
divulged or used against him, and for the lawyer to be equally free to obtain
Rule 21.06 - A lawyer shall avoid indiscreet conversation information from the prospective client. xxx
about a client's affairs even with members of his family.
(2) The client made the communication in confidence.
Rule 21.07 - A lawyer shall not reveal that he has been
consulted about a particular case except to avoid The mere relation of attorney and client does not raise a presumption of
possible conflict of interest. confidentiality. The client must intend the communication to be confidential.
17
A confidential communication refers to information transmitted by voluntary
act of disclosure between attorney and client in confidence and by means
which, so far as the client is aware, discloses the information to no third
person other than one reasonably necessary for the transmission of the
information or the accomplishment of the purpose for which it was given.
Our jurisprudence on the matter rests on quiescent ground. Thus, a

compromise agreement prepared by a lawyer pursuant to the instruction of
his client and delivered to the opposing party, an offer and counter-offer for
settlement, or a document given by a client to his counsel not in his
professional capacity, are not privileged communications, the element of
confidentiality not being present.
(3) The legal advice must be sought from the attorney in his professional
capacity.
The communication made by a client to his attorney must not be intended

for mere information, but for the purpose of seeking legal advice from his
attorney as to his rights or obligations. The communication must have been
transmitted by a client to his attorney for the purpose of seeking legal
advice.
If the client seeks an accounting service, or business or personal

assistance, and not legal advice, the privilege does not attach to a
communication disclosed for such purpose. (Jimenez v. Francisco, A.C.
No. 10548, 10 December 2014)
v. Canon 22 – A lawyer shall withdraw his A lawyer may withdraw his services from his client only in the following
services only for good cause and upon instances: (a) when a client insists upon an unjust or immoral conduct of
notice, appropriate in the circumstances. his case; (b) when the client insists that the lawyer pursue conduct violative
of the Code of Professional Responsibility; (c) when the client has two or
Rule 22.01 - A lawyer may withdraw his services in any more retained lawyers and the lawyers could not get along to the detriment
of the following case: of the case; (d) when the mental or physical condition of the lawyer makes
him incapable of handling the case effectively; (e) when the client
(a) When the client pursues an illegal or immoral deliberately fails to pay the attorney's fees agreed upon; (f) when the
course of conduct in connection with the matter lawyer is elected or appointed to public office; (g) other similar cases.
he is handling;
The instant case does not fall under any of the grounds mentioned. Neither
(b) When the client insists that the lawyer pursue can this be considered analogous to the grounds enumerated. As found by
conduct violative of these canons and rules; the Commission on Bar Discipline, this case arose from a simple
misunderstanding between complainant and respondent. Complainant
(c) When his inability to work with co-counsel will was upset by respondent's absence at the hearing where bail was granted
not promote the best interest of the client; to the suspected killers of her husband. She vehemently opposed the grant
of bail. It was thus a spontaneous and natural reaction for her to confront
(d) When the mental or physical condition of the respondent with his absence. Her belligerence arose from her
lawyer renders it difficult for him to carry out the overzealousness, nothing more. Complainant's words and actions may
employment effectively; have hurt respondent's feelings considering the work he had put into the
case. But her words were uttered in a burst of passion. And even at that
(e) When the client deliberately fails to pay the fees moment, complainant did not expressly terminate respondent's services.
for the services or fails to comply with the She made this clear when she refused to sign his "Motion to Withdraw as
retainer agreement; Counsel."
(f) When the lawyer is elected or appointed to Assuming, nevertheless, that respondent was justified in terminating his
public office; and services, he, however, cannot just do so and leave complainant in the cold
unprotected. The lawyer has no right to presume that his petition for
(g) Other similar cases. withdrawal will be granted by the court. Until his withdrawal shall have been
approved, the lawyer remains counsel of record who is expected by his
client as well as by the court to do what the interests of his client require.
18
Rule 22.02 - A lawyer who withdraws or is discharged He must still appear on the date of hearing for the attorney-client relation
shall, subject to a retainer lien, immediately turn over all does not terminate formally until there is a withdrawal of record. (Orcino v.
papers and property to which the client is entitled, and Gaspar, A.C. No. 3773, 24 September 1997)
shall cooperative with his successor in the orderly
transfer of the matter, including all information necessary
for the proper handling of the matter. Termination of Services of Attorney by the Client
1. With just cause: lawyer is not necessarily deprived of his right to be

paid for his services; only if the cause for his dismissal constitutes in
itself a sufficient obstacle to recovery
2. Without just cause: if without express agreement as to fees –
quantum meruit; if there is written agreement and the fee stipulated
is absolute and reasonable payment of full compensation + amount
stipulated as contingent fee; if dismissed before the conclusion of the
action – quantum meruit; if contingency occurs or client prevents its
occurrence – full amount.
Limitations of Client’s Right to Discharge Counsel

1. Cannot deprive right of counsel to be paid for services if dismissal is
without cause
2. Not if used as an excuse to secure repeated extensions of time
3. Notice of discharge required insofar as the court and adverse party
are concerned. (Source: AUSL Purple Notes 2019 for Legal Ethics)
Lawyer’s Oath
Duties under the Lawyer’s Oath Section 27, Rule 138 of the Rules of Court is a standard guideline to
i. Maintain allegiance to the Republic of the determine the weight and repercussions of the acts committed by legal
Philippines professionals. Not only did respondent commit gross misconduct and willful
ii. Support its Constitution disobedience to a superior court, his repeated and persistent
iii. Obey the laws as well as the legal orders of the transgressions of court issuances, abuse of court processes, and
duly constituted authorities therein disrespect to lawful authority demonstrate a clear violation of the lawyer's
iv. Do no falsehood nor consent to the doing of any oath whereby he imposed upon himself the following duties: to maintain
in court allegiance to the Republic of the Philippines; to support its Constitution and
v. Not wittingly or willingly promote or sue any obey the laws as well as the legal orders of the duly constituted authorities
groundless, false, or unlawful suit, nor give aid therein; to do no falsehood nor consent to the doing of any in court; to not
nor consent to the same wittingly or willingly promote or sue any groundless, false or unlawful suit,
vi. Conduct self as a lawyer according to the best or give aid or consent to the same; to not delay any man for money or
of one’s knowledge and discretion with all good malice, and to conduct himself or herself as a lawyer according to the best
fidelity as well to the courts as to one’s client of his or her knowledge and discretion, with all good fidelity as well to the
vii. Impose upon oneself this voluntary obligation court as to his or her clients; and to impose upon himself or herself these
without any mental reservation or purpose of voluntary obligations without any mental reservation or purpose of evasion.
evasion.
Considering respondent's actions vis-a-vis these sworn duties, it is clear
as day that he committed a violation of his basic oath as a lawyer. His
unfitness to remain in the legal profession has now become indubitable.
(Genato v. Mallari, A.C. No. 12486, 15 October 2019)
Disqualifications/Inhibitions for Judges
Disqualifications for Judges [Sec. 5 and 6, Canon 3, New Code of Judicial Conduct for the Philippine Judiciary (A.M. No.
03-05-01-SC)]
Legal Principle Notes
a. The judge has actual bias or prejudice concerning Well-known is the judicial norm that "judges should not only be impartial
a party or personal knowledge of disputed but should also appear impartial." Jurisprudence repeatedly teaches that
evidentiary facts concerning the proceedings; litigants are entitled to nothing less than the cold neutrality of an impartial
19
judge. The other elements of due process, like notice and hearing, would
become meaningless if the ultimate decision is rendered by a partial or
biased judge. Judges must not only render just, correct and impartial
decisions, but must do so in a manner free of any suspicion as to their
fairness, impartiality and integrity. (Angping and Brillantes v. Ros, A.M. No.
12-8-160-RTC, 10 December 2012)
b. The judge previously served as a lawyer or was a
material witness in the matter in controversy;
c. The judge, or a member of his or her family, has an
economic interest in the outcome of the matter in
controversy;
d. The judge served as executor, administrator,
guardian, trustee or lawyer in the case or matter in
controversy, or a former associate of the judge
served as counsel during their association, or the
judge or lawyer was a material witness therein;
e. The judge's ruling in a lower court is the subject of
review;
f. The judge is related by consanguinity or affinity to
a party litigant within the sixth civil degree or to
counsel within the fourth civil degree; or
g. The judge knows that his or her spouse or child has
a financial interest, as heir, legatee, creditor,
fiduciary, or otherwise, in the subject matter in
controversy or in a party to the proceeding, or any
other interest that could be substantially affected
by the outcome of the proceedings.
Sec. 6: Remittal of Disqualification
A judge disqualified as stated above may, instead of

withdrawing from the proceeding, disclose on the
records the basis of the disqualification. If, based on
such disclosure, the parties and lawyers independently
of judge’s participation, all agree in writing that the
reason for the inhibition is immaterial or unsubstantial,
the judge may then participate in the proceeding. The
agreement, signed by all parties and lawyers, shall be
incorporated in the record of the proceedings.
Mandatory or Compulsory Inhibition, Voluntary Inhibition (Rule 137, Rules of Court)
Section 1, Rule 137 of the Rules of Court provides The Rules contemplate two kinds of inhibition: compulsory and voluntary.
that— Under the first paragraph of the cited Rule, it is conclusively presumed that
judges cannot actively and impartially sit in the instances mentioned. The
Section 1. Disqualification of judges.—No judge or second paragraph, which embodies voluntary inhibition, leaves to the
judicial officers shall sit in any case in which he, or his sound discretion of the judges concerned whether to sit in a case for other
wife or child, is pecuniarily interested as heir, legatee, just and valid reasons, with only their conscience as guide. Here, the case
creditor or otherwise, or in which he is related to either of respondent judge would fall under the concept of voluntary inhibition.
party within the sixth degree of consanguinity or affinity,
or to counsel within the fourth degree, computed Indeed, mere imputation of bias or partiality is not enough ground for
according to the rules of the civil law, or in which he has judges to inhibit, especially when the charge is without basis. (Sunico v.
been executor, administrator, guardian, trustee or Gutierrez, A.M. No. RTJ-16-2457, 21 February 2017)
counsel, or in which he has presided in any inferior court
when his ruling or decision is the subject of review,
without the written consent of all parties in interest, Voluntary Inhibition
signed by them and entered upon the record.
Gutierrez v. Santos and Del Castillo v. Javelona paved the way for the
recognition of other circumstances for disqualification– those that
depended upon the exercise of discretion of the judges concerned.
20
While the second paragraph does not expressly enumerate the specific
grounds for inhibition and leaves it to the sound discretion of the judge,
such should be based on just or valid reasons. The import of the rule on
the voluntary inhibition of judges is that the decision on whether to inhibit
is left to the sound discretion and conscience of the judge based on his
rational and logical assessment of the circumstances prevailing in the case
brought before him. It makes clear to the occupants of the Bench that
outside of pecuniary interest, relationship or previous participation in the
matter that calls for adjudication, there might be other causes that could
conceivably erode the trait of objectivity, thus calling for inhibition. That is
to betray a sense of realism, for the factors that lead to preferences and
predilections are many and varied.
In the final reckoning, there is really no hard and fast rule when it comes to
the inhibition of judges. Each case should be treated differently and
decided based on its peculiar circumstances.
The issue of voluntary inhibition is primarily a matter of conscience and

sound discretion on the part of the judge. It is a subjective test, the result
of which the reviewing tribunal will not disturb in the absence of any
manifest finding of arbitrariness and whimsicality. The discretion given to
trial judges is an acknowledgment of the fact that they are in a better
position to determine the issue of inhibition, as they are the ones who
directly deal with the parties-litigants in their courtrooms.
Impartiality being a state of mind, there is thus a need for some kind of
manifestation of its reality, in order to provide "good, sound or ethical
grounds" or "just and valid reasons" for inhibition. Bare allegations of bias
and prejudice are not enough in the absence of clear and convincing
evidence to overcome the presumption that a judge will undertake his noble
role to dispense justice according to law and evidence and without fear or
favor. In Gochan v. Gochan, the Court elucidated further:
Verily, the second paragraph of Section 1 of Rule 137 does not give judges
the unfettered discretion to decide whether to desist from hearing a case.
The inhibition must be for just and valid causes. The mere imputation of
bias or partiality is not enough ground for them to inhibit, especially when
the charge is without basis. This Court has to be shown acts or conduct
clearly indicative of arbitrariness or prejudice before it can brand them with
the stigma of bias or partiality. (Kilosbayan Foundation and Bantay
Katarungan Foundation v. Janolo, et.al., G.R. No. 180543, 18 August
2010)
Direct and Indirect Contempt
Direct Contempt (Rule 71, Rules of Court)

Section 1. Direct contempt punished summarily. — Contempt of court has been defined as a willful disregard or disobedience
A person guilty of misbehavior in the presence of or so of a public authority. In its broad sense, contempt is a disregard of, or
near a court as to obstruct or interrupt the proceedings disobedience to, the rules or orders of a legislative or judicial body or an
before the same, including disrespect toward the court, interruption of its proceedings by disorderly behavior or insolent language
offensive personalities toward others, or refusal to be in its presence or so near thereto as to disturb its proceedings or to impair
sworn or to answer as a witness, or to subscribe an the respect due to such a body. In its restricted and more usual sense,
affidavit or deposition when lawfully required to do so, contempt comprehends a despising of the authority, justice, or dignity of a
may be summarily adjudged in contempt by such court court. The phrase contempt of court is generic, embracing within its legal
and punished by a fine not exceeding two thousand signification a variety of different acts. x x x x
pesos or imprisonment not exceeding ten (10) days, or
both, if it be a Regional Trial Court or a court of
21
equivalent or higher rank, or by a fine not exceeding two Contempt of court is of two kinds, namely: direct contempt, which is
hundred pesos or imprisonment not exceeding one (1) committed in the presence of or so near the judge as to obstruct him in the
day, or both, if it be a lower court. administration of justice; and constructive or indirect contempt, which
Section 2. Remedy therefrom. — The person adjudged consists of willful disobedience of the lawful process or order of the court.
in direct contempt by any court may not appeal
therefrom, but may avail himself of the remedies of The punishment for the first is generally summary and immediate, and no
certiorari or prohibition. The execution of the judgment process or evidence is necessary because the act is committed in facie
shall be suspended pending resolution of such petition, curiae. The inherent power of courts to punish contempt of court committed
provided such person files a bond fixed by the court in the presence of the courts without further proof of facts and without aid
which rendered the judgment and conditioned that he will of a trial is not open to question, considering that this power is essential to
abide by and perform the judgment should the petition preserve their authority and to prevent the administration of justice from
be decided against him. falling into disrepute; such summary conviction and punishment accord
with due process of law. There is authority for the view, however, that an
act, to constitute direct contempt punishable by summary proceeding, need
not be committed in the immediate presence of the court, if it tends to
obstruct justice or to interfere with the actions of the court in the courtroom
itself. Also, contemptuous acts committed out of the presence of the court,
if admitted by the contemnor in open court, may be punished summarily as
a direct contempt, although it is advisable to proceed by requiring the
person charged to appear and show cause why he should not be punished
when the judge is without personal knowledge of the misbehavior and is
informed of it only by a confession of the contemnor or by testimony under
oath of other persons.
In contrast, the second usually requires proceedings less summary than

the first. The proceedings for the punishment of the contumacious act
committed outside the personal knowledge of the judge generally need the
observance of all the elements of due process of law, that is, notice, written
charges, and an opportunity to deny and to defend such charges before
guilt is adjudged and sentence imposed.
Plainly, therefore, the word summary with respect to the punishment for
contempt refers not to the timing of the action with reference to the offense
but to the procedure that dispenses with the formality, delay, and
digression that result from the issuance of process, service of complaint
and answer, holding hearings, taking evidence, listening to arguments,
awaiting briefs, submission of findings, and all that goes with a
conventional court trial.
A distinction between in-court contempts, which disrupt court

proceedings and for which a hearing and formal presentation of evidence
are dispensed with, and out-of-court contempts, which require normal
adversary procedures, is drawn for the purpose of prescribing what
procedures must attend the exercise of a court’s authority to deal with
contempt. The distinction does not limit the ability of courts to initiate
contempt prosecutions to the summary punishment of in-court contempts
that interfere with the judicial process.
The court may proceed upon its own knowledge of the facts without further
proof and without issue or trial in any form to punish a contempt committed
directly under its eye or within its view. But there must be adequate facts
to support a summary order for contempt in the presence of the court. The
exercise of the summary power to imprison for contempt is a delicate one
and care is needed to avoid arbitrary or oppressive conclusions. The
reason for the extraordinary power to punish criminal contempt in summary
proceedings is that the necessities of the administration of justice require
such summary dealing with obstructions to it, being a mode of vindicating
22
the majesty of the law, in its active manifestation, against obstruction and
outrage.
Proceedings for contempt are sui generis, in nature criminal, but may be
resorted to in civil as well as criminal actions, and independently of any
action. They are of two classes, the criminal or punitive, and the civil or
remedial. A criminal contempt consists in conduct that is directed against
the authority and dignity of a court or of a judge acting judicially, as in
unlawfully assailing or discrediting the authority and dignity of the court or
judge, or in doing a duly forbidden act. A civil contempt consists in the
failure to do something ordered to be done by a court or judge in a civil
case for the benefit of the opposing party therein. It is at times difficult to
determine whether the proceedings are civil or criminal. In general, the
character of the contempt of whether it is criminal or civil is determined by
the nature of the contempt involved, regardless of the cause in which the
contempt arose, and by the relief sought or dominant purpose. The
proceedings are to be regarded as criminal when the purpose is primarily
punishment, and civil when the purpose is primarily compensatory or
remedial. Where the dominant purpose is to enforce compliance with an
order of a court for the benefit of a party in whose favor the order runs, the
contempt is civil; where the dominant purpose is to vindicate the dignity
and authority of the court, and to protect the interests of the general public,
the contempt is criminal. Indeed, the criminal proceedings vindicate the
dignity of the courts, but the civil proceedings protect, preserve, and
enforce the rights of private parties and compel obedience to orders,
judgments and decrees made to enforce such rights. (Lorenzo Shipping
Corporation, et. al. v. Distribution Management Association of the
Philippines, et. al., G.R. No. 155849, 31 August 2011)
Indirect Contempt (Rule 71, Rules of Court)
Section 3. Indirect contempt to be punished after Indirect contempt is committed through any of the acts enumerated under
charge and hearing. — After a charge in writing has Rule 71, Section 3 of the Rules of Court: x x x x
been filed, and an opportunity given to the respondent to
comment thereon within such period as may be fixed by Indirect contempt is only punished after a written petition is filed and an
the court and to be heard by himself or counsel, a person opportunity to be heard is given to the party charged.
guilty of any of the following acts may be punished for
indirect contempt; In the case at bar, petitioners were charged with indirect contempt through
"disobedience of or resistance to a lawful writ, process, order, or judgment
(a) Misbehavior of an officer of a court in the of a court." (Oca, et.al. v. Custodio, G.R. No. 199825, 26 July 2017)
performance of his official duties or in his official
transactions;
As stated, indirect contempt is only punished after a written petition is filed
(b) Disobedience of or resistance to a lawful writ, and an opportunity to be heard is given to the party charged. Verily, the
process, order, or judgment of a court, including trial court here should have outrightly dismissed petitioner's oral charge of
the act of a person who, after being indirect contempt for not being compliant with Section 3, Rule 71 of the
dispossessed or ejected from any real property Rules of Court. Contempt proceedings are penal in nature, thus, their
by the judgment or process of any court of procedure and rules of evidence adopted are similar to those used in
competent jurisdiction, enters or attempts or criminal prosecutions. Consequently, in case of doubt, the contempt
induces another to enter into or upon such real proceedings should be liberally construed in favor of the accused.
property, for the purpose of executing acts of
ownership or possession, or in any manner We also quote with concurrence the Court of Appeals' relevant disposition:
disturbs the possession given to the person
adjudged to be entitled thereto; To be considered contemptuous, an act must be clearly contrary to or
prohibited by the order of the [C]ourt. A person cannot be punished for
(c) Any abuse of or any unlawful interference with contempt for disobedience of an order of the Court, unless the act which is
the processes or proceedings of a court not forbidden or required to be done is clearly and exactly defined, so that there
constituting direct contempt under section 1 of can be no reasonable doubt or uncertainty as to what specific act or thing
this Rule;
23
is forbidden or required. Only in cases of clear or contumacious refusal to
(d) Any improper conduct tending, directly or obey should the power to punish for contempt be exercised. In this case,
indirectly, to impede, obstruct, or degrade the no order or judgment was issued by the RTC which strictly directed private
administration of justice; respondent to attend the hearing on petitioner's motion to examine. Her
absence was not contrary to any order of public respondent as would be
(e) Assuming to be an attorney or an officer of a considered contemptuous. This was treated by the trial court as a mere
court, and acting as such without authority; waiver of her "right to be present on said date and/or oppose the motion"
and not a ground to cite her in indirect contempt of court. As a matter of
(f) Failure to obey a subpoena duly served; fact, in the Order dated June 7, 2016, the court a quo merely reset the
hearing date and directed private respondent to file a comment on
(g) The rescue, or attempted rescue, of a person or petitioner's motions, which she had actually complied with. Without the
property in the custody of an officer by virtue of finding of any contemptuous act, the lower court cannot then be faulted for
an order or process of a court held by him. not citing private respondent in indirect contempt. (Britania v. Gepty, G.R.
No. 246995, 22 January 2020)
But nothing in this section shall be so construed as to
prevent the court from issuing process to bring the
respondent into court, or from holding him in custody
pending such proceedings.
Section 7. Punishment for indirect contempt. — If the
respondent is adjudged guilty of indirect contempt
committed against a Regional Trial Court or a court of
equivalent or higher rank, he may be punished by a fine
not exceeding thirty thousand pesos or imprisonment not
exceeding six (6) months, or both. If he is adjudged guilty
of contempt committed against a lower court, he may be
punished by a fine not exceeding five thousand pesos or
imprisonment not exceeding one (1) month, or both. If
the contempt consists in the violation of a writ of
injunction, temporary restraining order or status quo
order, he may also be ordered to make complete
restitution to the party injured by such violation of the
property involved or such amount as may be alleged and
proved.
The writ of execution, as in ordinary civil actions, shall

issue for the enforcement of a judgment imposing a fine
unless the court otherwise provides.
24
B. Practical Exercises - 2 questions
1. Parts of Conveyancing, Affidavits
Parts of Conveyancing, Affidavits

ACKNOWLEDGMENT (Sec. 1, Rule II, 2004 Rules on Notarial A jurat is a distinct creature from an acknowledgment. It is
Practice) that part of an affidavit in which the notary certifies that
before him or her, the document was subscribed and sworn
SECTION 1. Acknowledgment. - “Acknowledgment” refers to an to by the executor; while an acknowledgment is the act of
act in which an individual on a single occasion: one who has executed a deed in going before some
competent officer or court and declaring it to be his act or
a) appears in person before the notary public and presents deed. (Malvar v. Baleros, A.C. No. 11346, 8 March 2017)
an integrally complete instrument or document;
b) is attested to be personally known to the notary public or

identified by the notary public through competent
evidence of identity as defined by these Rules; and –
c)represents to the notary public that the signature on the

instrument or document was voluntarily affixed by him for
the purposes stated in the instrument or document,
declares that he has executed the instrument or
document as his free and voluntary act and deed, and, if
he acts in a particular representative capacity, that he
has the authority to sign in that capacity.
JURAT (Sec. 6, Rule II, 2004 Rules on Notarial Practice)
SECTION 6. Jurat. - “Jurat” refers to an act in which an individual

on a single occasion:
a) appears in person before the notary public and presents

an instrument or document;
b) is personally known to the notary public or identified by

the notary public through competent evidence of identity
as defined by these Rules;
c) signs the instrument or document in the presence of the

notary; and
d) takes an oath or affirmation before the notary public as

to such instrument or document.
25
SAMPLE:
ACKNOWLEDGMENT
Republic of the Philippines )

City/Municipality of __________________ ) S.S.
BEFORE ME, this __(date)___ day of ___(month)____, ____(year)____ in the City/Municipality of ____________________,
personally appeared:
Name Competent Evidence of Identity Place and Date of Issue

__________________________ _________________________________________ _________________________________
known to me to be the same persons who executed the foregoing instrument, and acknowledged that the same as their voluntary
act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date and place above written.
Notary Public
Commission Expires on ______________________
Commission No. ____________; (Place) (Date)
Roll No. ___________________; (Date)
IBP No. ___________________; (Place) (Date)
PTR No. __________________; (Place) (Date)
MCLE No. _________________; (Place) (Date)
(Office Address)
(Contact Details – Phone No. and/or E-mail Address)
Doc. No. _________;

Page No. _________;
Book No. _________;
Series of _________.
JURAT
SUBSCRIBED and SWORN to before me this _________(date)__________ in _______(place)__________, affiant/s after

exhibiting to me their ____(valid government-issued ID)_____, as competent evidence of their identity.
Notary Public
Roll No. ___________________; (Date)
IBP No. ___________________; (Place) (Date)
PTR No. __________________; (Place) (Date)
(Office Address)
Doc. No. _________;

Page No. _________;
Book No. _________;
26
DEED OF CONVEYANCE (DEED OF SALE)
DEED OF SALE OF REAL PROPERTY
This DEED OF ABSOLUTE SALE OF REAL PROPERTY (hereafter referred to as the “DEED”) is made and entered into by and
between:
(name of seller/s and personal circumstances), hereafter referred to as the “SELLER,”
– and –
(name of buyer/s and personal circumstances), hereafter referred to as the “BUYER,”
Collectively, the “PARTIES.”
WITNESSETH THAT:
WHEREAS, the SELLER is the registered owner and title holder of a parcel of land with the improvements thereon, located at
(address of the property), particularly described in Original/Transfer Certificate of Title (OCT/TCT) No. _________________ issued by
the Register of Deeds for the City/Municipality of ____________________ (hereafter referred to as the “PROPERTY”), as follows:
(Technical Description of the Property)
WHEREAS, the SELLER is offering to sell, transfer, and convey the abovementioned PROPERTY to the BUYER, and is
guaranteeing that the same is free from any liens and encumbrances;
WHEREAS, the BUYER is offering to purchase the PROPERTY and assume the title and interest in, as well as the rights and
obligations pertaining to the PROPERTY;
WHEREAS, the SELLER is accepting the offer from the BUYER;
WHEREAS, the PARTIES mutually agree that the BUYER shall bear all the costs and expenses for the transfer and registration
of title over the PROPERTY;
WHEREAS, the PARTIES mutually agree to bear in equal shares the amount of transfer, capital gains, and other taxes due on
the PROPERTY;
WHEREAS, the SELLER guarantees the payment of any local taxes due or delinquent on the PROPERTY prior to the transfer
of title to the BUYER;
NOW, THEREFORE, for and in consideration of the amount of ___(amount in words)__ (PHP ________________), the receipt
of which is hereby acknowledged in full sum from the BUYER, the SELLER hereby sells, transfers, conveys, and delivers, by way of
absolute sale, unto the BUYER the PROPERTY.
IN WITNESS WHEREOF, the PARTIES have affixed their signatures hereto, this ____(date)________ at ____(place)________.
__________________________________________ _________________________________________
(Name/Signature of SELLER) (Name/Signature of BUYER)
Seller Buyer
SIGNED IN THE PRESENCE OF:
__________________________________________ __________________________________________
27
ACKNOWLEDGMENT

BEFORE ME, this __(date)___ day of ___(month)____, ____(year)____ in the City/Municipality of ____________________,
personally appeared:
Name Competent Evidence of Identity Place and Date of Issue

__________________________ _________________________________________ _________________________________
known to me to be the same persons who executed the foregoing instrument, and acknowledged that the same as their voluntary
act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date and place above written.
Notary Public
Roll No. ___________________; (Date)
IBP No. ___________________; (Place) (Date)
PTR No. __________________; (Place) (Date)
(Office Address)
Doc. No. _________;

Page No. _________;
Book No. _________;
28
AFFIDAVIT (AFFIDAVIT OF LOSS)

AFFIDAVIT OF LOSS
I, ____________________________, of legal age, Filipino, with address at _____________________________, after having

been sworn according to law, depose and state that:
a. I am the owner of Driver’s License No. _____________, issued on _____________, at _______________;

b. On or about ________________ (state the reason for the loss of the identification card)_______________;
c. I could not locate the same despite my most diligent efforts to retrieve the same;
d. The identification card was not confiscated by the proper authorities by reason of violation of traffic regulations whatsoever;
e. This affidavit is executed to attest to the truth of the above representations and for the issuance of a new Driver’s License.
IN WITNESS WHEREOF, I have hereunto affixed my signature this _____ day of ______________ at __________________.
Affiant
29
JURAT
SUBSCRIBED and SWORN to before me this _________(date)__________ in _______(place)__________, affiant/s after

exhibiting to me their ____(valid government-issued ID)_____, as competent evidence of their identity.
Notary Public
Roll No. ___________________; (Date)
IBP No. ___________________; (Place) (Date)
PTR No. __________________; (Place) (Date)
(Office Address)
Doc. No. _________;

Page No. _________;
Book No. _________;
30
Parts of Pleadings, Motions
PARTS AND CONTENTS OF A PLEADING (Rule 7, 2019 Amended Rules of Civil Procedure)
Section 1. Caption. – The caption sets forth the name of the court, the title of the action, and the docket number, if assigned.
The title of the action indicates the names of the parties. They shall all be named in the original complaint or petition; but in subsequent
pleadings, it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other
parties.
Their respective participation in the case shall be indicated.

Section 2. The body. — The body of the pleading sets forth its designation, the allegations of the party's claims or defenses, the relief
prayed for, and the date of the pleading.
(a) Paragraphs. — The allegations in the body of a pleading shall be divided into paragraphs so numbered to be readily
identified, each of which shall contain a statement of a single set of circumstances so far as that can be done with
convenience. A paragraph may be referred to by its number in all succeeding pleadings.
(b) Headings. — When two or more causes of action are joined the statement of the first shall be prefaced by the words "first
cause of action,'' of the second by "second cause of action", and so on for the others.
When one or more paragraphs in the answer are addressed to one of several causes of action in the complaint, they shall
be prefaced by the words "answer to the first cause of action" or "answer to the second cause of action" and so on; and when
one or more paragraphs of the answer are addressed to several causes of action, they shall be prefaced by words to that
effect.
(c) Relief. — The pleading shall specify the relief sought, but it may add a general prayer for such further or other relief as may
be deemed just or equitable.
(d) Date. — Every pleading shall be dated.

Section 3. Signature and address. —
(a) Every pleading and other written submissions to the court must be signed by the party or counsel representing him or her.
(b) The signature of counsel constitutes a certificate by him or her that he or she has read the pleading and document; that to
the best of his or her knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1) It is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly
increase the cost of litigation;
(2) The claims, defenses, and other legal contentions are warranted by existing law or jurisprudence, or by a non-
frivolous argument for extending, modifying, or reversing existing jurisprudence;
(3) The factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support
after availment of the modes of discovery under these rules; and
(4) The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably
based on belief or a lack of information.
(c) If the court determines, on motion or motu proprio and after notice and hearing, that this rule has been violated, it may impose
an appropriate sanction or refer such violation to the proper office for disciplinary action, on any attorney, law firm, or party
that violated the rule, or is responsible for the violation. Absent exceptional circumstances, a law firm shall be held jointly and
severally liable for a violation committed by its partner, associate, or employee. The sanction may include, but not limited to,
non-monetary directives or sanctions; an order to pay a penalty in court; or, if imposed on motion and warranted for effective
deterrence, an order directing payment to the movant of part or all of the reasonable attorney's fees and other expenses
directly resulting from the violation, including attorney's fees for the filing of motion for sanction. The lawyer or law firm cannot
pass on the monetary penalty to the client.
Section 4. Verification. — Except when otherwise specifically required by law or rule, pleadings need not be under oath or verified.
31
A pleading is verified by an affidavit of an affiant duly authorized to sign said verification. The authorization of the affiant to act on
behalf of a party, whether in the form of a secretary's certificate or a special power of attorney, should be attached to the pleading,
and shall allege the following attestations:
(a) The allegations in the pleading are true and correct based on his personal knowledge, or based on authentic documents;
(b) The pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost of litigation; and
(c) The factual allegations therein have evidentiary support or, if specifically so identified, will likewise have evidentiary support
after a reasonable opportunity for discovery.
The signature of the affiant shall further serve as a certification of the truthfulness of the allegations in the pleading.
A pleading required to be verified that contains a verification based on "information and belief," or upon "knowledge, information and
belief," or lacks a proper verification, shall be treated as an unsigned pleading.
Section 5. Certification against forum shopping. — The plaintiff or principal party shall certify under oath in the complaint or other
initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith:
(a) that he has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-
judicial agency and, to the best of his knowledge, no such other action or claim is pending therein;
(b) if there is such other pending action or claim, a complete statement of the present status thereof; and
(c) if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact
within five (5) calendar days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed.
The authorization of the affiant to act on behalf of a party, whether in the form of a secretary's certificate or a special power of attorney,
should be attached to the pleading.
Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading
but shall be cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion and after hearing. The
submission of a false certification or non-compliance with any of the undertakings therein shall constitute indirect contempt of court,
without prejudice to the corresponding administrative and criminal actions. If the acts of the party or his counsel clearly constitute willful
and deliberate forum shopping, the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt,
as well as a cause for administrative sanctions.
Section 6. Contents. — Every pleading stating a party's claims or defenses shall, in addition to those mandated by Section 2, Rule
7, state the following:
(a) Names of witnesses who will be presented to prove a party's claim or defense;
(b) Summary of the witnesses' intended testimonies, provided that the judicial affidavits of said witnesses shall be attached to
the pleading and form an integral part thereof. Only witnesses whose judicial affidavits are attached to the pleading shall be
presented by the parties during trial. Except if a party presents meritorious reasons as basis for the admission of additional
witnesses, no other witness or affidavit shall be heard or admitted by the court; and
(c) Documentary and object evidence in support of the allegations contained in the pleading.
MOTIONS (Rule 15, 2019 Amended Rules of Civil Procedure)
Section 2. Motions must be in writing. — All motions shall be in writing except those made in open court or in the course of a hearing
or trial.
A motion made in open court or in the course of a hearing or trial should immediately be resolved in open court, after the adverse party
is given the opportunity to argue his or her opposition thereto.
When a motion is based on facts not appearing on record, the court may hear the matter on affidavits or depositions presented by the
respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.
Section 3. Contents. — A motion shall state the relief sought to be obtained and the grounds upon which it is based, and if required
by these Rules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and other papers.
32
Section 6. Notice of hearing on litigious motions; discretionary. — The court may, in the exercise of its discretion, and if deemed
necessary for its resolution, call a hearing on the motion. The notice of hearing shall be addressed to all parties concerned, and shall
specify the time and date of the hearing.
Section 7. Proof of service necessary. — No written motion shall be acted upon by the court without proof of service thereof,
pursuant to Section 5(b) hereof.
Section 11. Form. — The Rules applicable to pleadings shall apply to written motions so far as concerns caption, designation,
signature, and other matters of form.
33
SAMPLE:
PLEADING (MOTION FOR EXTENSION OF TIME TO FILE ANSWER)
Republic of the Philippines

Regional/Municipal Trial Court
_____________ Judicial Region
Branch ________
City/Municipality of __________
ABC,
Plaintiff, Civil Case No. ______________________
- Versus – For: ______________________________
DEF,
Defendant.
x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - x
MOTION FOR EXTENSION TO FILE ANSWER
DEFENDANT, through the undersigned counsel and unto this Honorable Court, respectfully avers that:
1. On 25 November 2021, defendant was served with summons by this Honorable Court in ordering defendant to file his
Answer to the Complaint filed by plaintiff for ____________________.
2. By virtue of the summons, defendant has until 25 December 2021 to file his Answer.
3. The deadline falls on a regular holiday and on a weekend.
4. There are intervening holidays and logistical constraints with limited manpower in undersigned’s law office due to said
intervening holidays.
5. Due to above reasons, defendant respectfully requests for an additional period of thirty (30) days from 25 December 2021,
or until 25 January 2021, within which to file his Answer.
6. This Motion is filed solely for the reasons above and not interposed for delay.
WHEREFORE, defendant prays that he be given an additional period of thirty (30) days from 25 December 2021 or until 25
January 2021 within which to file his Answer. Defendant further prays for such other reliefs as may be just and equitable in the premises.
20 December 2021, (Place).
Counsel for Defendant

Roll No. ___________________; (Date)
IBP No. ___________________; (Place) (Date)
PTR No. __________________; (Place) (Date)
(Office Address)
Copy Furnished:
GHI Law Office
34
Counsel for Plaintiff
(Address)
EXPLANATION FOR SERVICE BY REGISTERED MAIL
Due to the distance, time, manpower, and logistic constraints by reason of the current community quarantine policies, this Motion
for Extenstion to File Answer is being served and filed by registered mail, after serving copies thereof on plaintiff, through counsel, likewise
by registered mail.
(AFFIDAVIT OF PERSONAL SERVICE)
35

Pomoly Bar Reviewer Day 2 PM Ethics

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ETHICS

Legal Principles Notes

CODE OF PROFESSIONAL RESPONSIBILITY

"Immoral conduct" has been defined as that conduct which is so willful,

To be "dishonest" means the disposition to lie, cheat, deceive, defraud or

On the other hand, conduct that is "deceitful" means as follows:

Having the proclivity for fraudulent and deceptive misrepresentation,

Common barratry consisting of frequently stirring up suits and quarrels

Rule 6.02 - A lawyer in the government service shall not

The "revolving door" – the process by which lawyers temporarily enter

In the "adverse-interest conflict," a former government lawyer is enjoined

Rule 8.02 - A lawyer shall not, directly or indirectly,

In this case, respondent's underhanded tactics against complainant were

Respondent's act of unduly extending the proceedings in these cases

On the other hand, bribery is classified as a serious charge that constitutes

Then, while defendants' notice of appeal was pending before complainant,

At the same time, he related to complainant that he would share a portion

A pleading containing derogatory, offensive or malicious statements

(b) on substantial matters, in cases where his

This open justice principle, which is as fundamental to a democratic

To accomplish these tasks, an independent judiciary is very vital. Judicial

One concept is individual judicial independence, which focuses on each

Rule 15.08. - A lawyer who is engaged in another

Moreover, by engaging in a money-lending venture with his clients as

As previously mentioned, any act of solicitation constitutes malpractice

Lawyers who misappropriate the funds entrusted to them are in gross

An attorney has a right to be paid a fair and reasonable compensation for

(h) The contingency or certainty of compensation;

A champertous contract is defined as a contract between a stranger and

The intention of the law in prohibiting this kind of contract is to prevent a

Quantum meruit – literally meaning as much as he deserves – is used as

Our jurisprudence on the matter rests on quiescent ground. Thus, a

The communication made by a client to his attorney must not be intended

If the client seeks an accounting service, or business or personal

1. With just cause: lawyer is not necessarily deprived of his right to be

Limitations of Client’s Right to Discharge Counsel

Disqualifications/Inhibitions for Judges

A judge disqualified as stated above may, instead of

The issue of voluntary inhibition is primarily a matter of conscience and

Direct and Indirect Contempt

Direct Contempt (Rule 71, Rules of Court)

In contrast, the second usually requires proceedings less summary than

A distinction between in-court contempts, which disrupt court

The writ of execution, as in ordinary civil actions, shall

1. Parts of Conveyancing, Affidavits

Parts of Conveyancing, Affidavits

b) is attested to be personally known to the notary public or

c)represents to the notary public that the signature on the

SECTION 6. Jurat. - “Jurat” refers to an act in which an individual

a) appears in person before the notary public and presents

b) is personally known to the notary public or identified by

c) signs the instrument or document in the presence of the

d) takes an oath or affirmation before the notary public as

Republic of the Philippines )

Name Competent Evidence of Identity Place and Date of Issue

Doc. No. _________;

SUBSCRIBED and SWORN to before me this _________(date)__________ in _______(place)__________, affiant/s after

Doc. No. _________;

DEED OF SALE OF REAL PROPERTY

(name of seller/s and personal circumstances), hereafter referred to as the “SELLER,”

(name of buyer/s and personal circumstances), hereafter referred to as the “BUYER,”

Collectively, the “PARTIES.”

SUBSCRIBED and SWORN to before me this ___(date) in _(place)________, affiant/s after

I, , of legal age, Filipino, with address at _, after having

a. I am the owner of Driver’s License No. _______, issued on _, at _________;

SUBSCRIBED and SWORN to before me this ___(date) in _(place)________, affiant/s after