NOTES ON JUDICIAL AND LEGAL ETHICS | MAE PARSOMALA | USPF LAW

NOTES ON LEGAL AND JUDICIAL ETHICS • Attorney ad Hoc – a person named and appointed by the court to defend an
absentee defendant in the suit in which the appointment is made.
DEFINITIONS • Attorney of Record – an attorney whose name is entered in the records if an
• Legal Ethics – branch of moral science which treats of the duties that an action of suit as the lawyer.
attorney owes to the PUBLIC, to the BAR, to the COURT and to his CLIENT, as • Lead Counsel – the counsel on either side of litigated action who is charged
embodied in the Constitution, Rules of Court, the Code of Professional with the principal management and direction of party’s case.
Responsibility, the Canons of Professional Ethics, jurisprudence, and special • Collaborating Counsel – a lawyer who assists another lawyer in the
laws. management, prosecution or defense of a suit or action.
• Judicial Ethics – branch of moral science which treats of the right and proper • Counsel de Parte – a lawyer engaged by a party to represent the latter in
conduct and behavior to be observed by all judges and magistrates in trying case.
and deciding controversies brought before them for adjudication which • Amicus Curiae – (literally, friend of the court) an experienced and impartial
conduct and behavior must be demonstrative of independence, integrity, attorney invited by the court to appear and help in the disposition of the
impartiality, equality, propriety, competence and diligence. issues submitted to it; appears in court not to represent any particular party
• Practice of Law – any activity, in or out of court, which requires the but only to assist the court.
application of law, legal procedure, knowledge, training and experience. • Amicus Curiae par excellence – a bar association which appears in court as
Generally, to practice law is to give advice or render any kind of service which amicus curiae; merely acts a consultant to guide the court in a doubtful
advice or service requires the use in any degree of legal knowledge or skill. question or issue pending before it.
• Bar & Bench – BAR refers to the whole body of lawyers; BENCH denotes the • Pro se practice (appearance in propria persona) – a party may conduct his
whole body of judges. own litigation by prosecuting or defending in court his own case without the
• Bar Admission – act by which one is licensed to practice before courts of a assistance of a member of the Bar.
particular jurisdiction after satisfying certain requirements. • Bar Association – an association of members of the legal profession.
• Lawyer / Attorney-at-Law / Titulo de Abogado / Counsellor-at-Law – a person • Integrated Bar of the Philippines – is the national organization of lawyers
trained in the law and authorized to advise or represent others in legal created by law; the official unification of the entire lawyer population and
matters. requires membership and financial support of every attorney as condition
• Attorney-in-Fact – an agent whose authority is strictly limited by the sine qua non to the practice of law and the retention of his name in the Roll
instrument appointing him. His authority is provided in a SPA. of Attorneys of the Supreme Court.
• Trial Lawyer – a lawyer who personally handles cases in court, administrative • Of Counsel – an experienced lawyer, usually a retired member of the firm or
agencies or tribunals, which means engaging in actual trial work, either for judiciary, employed by law firms as consultants.
the prosecution or for the defense of cases of clients. • In-house counsel – a lawyer how acts as attorney for business though carried
• Practicing Lawyer – one engaged in the practice of law. as an employee of that business and not as an independent lawyer.
• Counsel de Oficio – a counsel, appointed or assigned by the court, to • Client – one who engages the services of a lawyer for legal advice or for
represent a party, usually an indigent defendant, in a criminal case. purposes of prosecuting or defending a suit in his behalf and usually for a fee.

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• Assumpit – is the action filed by a lawyer against his client for collection of to pay the former a portion of the thing or property recovered as
attorney’s fees. compensation.
• Attorney’s fees (ordinary concept) – the reasonable compensation paid to a • Quantum Meruit – (as much as he deserves) the fee which is as much as the
lawyer by his client for the legal services he has rendered to the latter. lawyer deserves considering the reasonable value of the services he has
• Attorney’s fees (extraordinary concept) – an indemnity for damages ordered rendered.
by the court to be paid by the losing party in a litigation. • Attorney’s lien – the right of a lawyer to lawfully withhold his client’s
• Barratry – act of fomenting suits among individuals and offering his legal properties (funds or documents) that lawfully comes to his possession, until
services to one of the them for monetary motives or purposes. payment of attorney’s fees in which case it is known as Retaining Lien.
• Ambulance Chasing – act of chasing (figuratively speaking) an ambulance Also, an equitable right to have the fees and lawful disbursements due a
carrying the victim of an accident for the purpose of talking to the said victim lawyer for his services in a suit secured to him out of the judgment for the
or relatives and offering his legal services for the filing of a case against the payment of money and executions issued in pursuance thereof in the
person who cause the accident. particular suit, in which case it is known as Charging Lien.
• General Retainer – a contract of engagement between a client and an • Good moral character – is more than just the absence of bad character, such
attorney to secure his future services as “general counsel” for any ordinary character expresses itself in the will to do the unpleasant thing if it is right
legal problem that may arise in the ordinary business of the client and and the resolve not to do the pleasant thing if it is wrong.
referred to him for legal action. The client pays fixed retainer fees, which • Grossly immoral conduct – an act/conduct that must be so corrupt and false
could be monthly or otherwise. The fees are paid whether or not there are as to constitute a criminal act or so unprincipled as to be reprehensible to a
cases referred to the lawyer. high degree.
• Special Retainer – a contract of engagement between a client and an • Moral turpitude – an act of baseness, vileness, or depravity in the duties
attorney for a particular case or service only. After the termination of the which one person owes to another or to society in general which is contrary
case or the rendition of the service, the retainership is likewise ended. to the usually accepted and customary rule of right and duty which a person
• Retaining fee – a preliminary fee paid to ensure and secure a lawyer’s future should follow; any act deemed contrary to justice, honesty or good morals.
services, to remunerate him for being deprived, by being retained by one • Unlawful conduct – it is a transgression of any provision of law, which need
party, of the opportunity of rendering services to the other party and pf not to be a penal law.
receiving pay from him. • Dishonest act – denotes an absence of integrity; a disposition to cheat,
• Contingent Fee Agreement – an agreement between a lawyer and a client in deceive, or defraud; deceive or betray.
which the lawyer’s professional fee, usually a fixed percentage of what may • Confidential/Privileged Communication – refers to information transmitted
be recovered in the action is made to depend upon the success of the by voluntary act of disclosure between the attorney and the client in
litigation. confidence and by means of which, so far as the client is aware, discloses the
• Champertous Contract – one whereby the lawyer agrees to prosecute suits information to no third person other than one reasonable necessary for the
at his own expense, without reimbursement from the client, for the recovery transmission of the information or the accomplishment of the purpose for
of things or property belonging to or claimed by the client, the latter agreeing which it was given.

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• Conflict of Interest – a lawyer represents conflicting interest when, in behalf Violation of the rules of membership Violation of the rules on membership
of one client, it is his duty to contend for that which duty to another client may or may not result to sanctions can be ground for disciplinary action
requires him to oppose. and can lead to suspension or
• Doctrine of Imputed Knowledge – notice to counsel is notice to client; the disbarment
knowledge acquired by an attorney during the time that he is acting within
the scope of his authority is imputed to the client. Barratry Ambulance Chasing
Refers to any action Refers to personal injury cases
DIFFERENTIATION Refers to suits before judicial or non- Refers to cases brought before judicial
Attorney-in-Fact Attorney-at-law judicial bodies for a
Not necessarily a lawyer; can be a non- A lawyer
lawyer Contingent Fee Contract Champertous Contract
Authority is by virtue of a document, an Authority to practice law is given by the Lawyer may pay expenses but always The lawyer undertakes to bear all
SPA, executed by the principal. Supreme Court; a privilege. subject to reimbursement by client expenses incident to the litigation
May be paid in cash Payable only in kind out of the
Attorney of Record Attorney of Counsel properties recovered
Takes an active role in the conduct of Merely serve in advisory aspect Valid Void as against public policy and the
litigation ethics of the profession
Name is shown in the court records Name may not appear in the court
records Retaining Lien Charging Lien
Passive Lien. It cannot be Active Lien. It can be
Practicing Lawyer Trial Lawyer Nature actively enforced. It is a enforced by execution. It
Extent of practice is broader Limited only to appearance in courts or General Lien. is a Special Lien.
administrative bodies Lawful possession of Securing of a favorable
All trial lawyers are practicing lawyers but not all practicing lawyers are trial lawyers papers, documents, money judgment for the
Basis
property belonging to client.
Bar Association IBP client.
Voluntary grouping of lawyers State mandated Covers only papers, Covers all judgments for
Membership is voluntary Membership is mandatory documents and property the payment of money
Payment of membership dues may be Payment of IBP dues is mandatory in the lawful possession and executions issued in
Coverage
voluntary or no fee at all. of the attorney by reason pursuance of such
Membership is not essential in the Membership is a continuing of his professional judgments.
practice of law requirement for a lawyer to continue in employment.
his practice of law

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As soon as the attorney As soon as the claim for BASIS OF LEGAL ETHICS
gets possession of the attorney’s fees had been Original Bases of Legal Ethics
Effectivity
papers, documents or entered into the records • Canons of Professional Ethics
property. of the case. • Supreme Court Decisions
Client need not be Client and adverse party • Statutes
Notice notified to make it must be notified to make • Constitution
effective. it effective. • Rules of Court
May be exercised before Generally, it is • Treatises & Publications
judgment or execution or exercisable only when
Applicability regardless thereof. the attorney had already Present Basis of Philippine Legal Ethics
secured a favorable • Code of Professional Responsibility
judgment for his client.
When possession lawfully When the client loses QUALIFICATIONS FOR ADMISSION TO THE PRACTICE OF LAW
ends, as when the lawyer the action as the lien 1) Citizen of the Philippines.
voluntarily parts with the may only be enforced 2) Resident of the Philippines.
funds, documents, and against a judgment 3) At least 21 years of age.
Extinguishment papers, but not when the awarded in favor of the 4) A person of good moral character.
documents have been client, the proceeds 5) Evidence of good moral character and that no charges against him involving
improperly or illegally thereof or executions moral turpitude, are filed or pending in court.
taken from lawyer’s thereon. 6) Possess the required educational qualifications.
custody. 7) Pass the bar examinations.
8) Take the lawyer’s oath.
9) Sign the roll of attorneys.
ENUMERATION
QUALIFICATIONS FOR ADMISSION TO THE PRACTICE OF LAW
SIGNIFICANCE OF LEGAL ETHICS 1) Member of the Bar in good and regular standing:
• Guards against the abuses and ills of the profession, such as dishonesty, - Payment of IBP dues
deceit, negligence, immorality and other forms of malpractice. - Payment of professional tax
• Raises the standard of the legal profession - Compliance with the MCLE
• Encourages and enhances the respect for the law 2) Possession of good moral character
• Assures an effective and efficient administration of justice 3) Filipino citizenship
• Assists in the keeping and maintenance of law and order
• Provides basis for the weeding out of the unfit and the misfit

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FILIPINO GRADUATES OF FOREIGN LAW SCHOOLS TO TAKE THE PHILIPPINE BAR o President, VP, Members of the Cabinet, their deputies and
Filipino citizens who are graduates of foreign law schools are allowed to take the bar assistants
examinations provided they show the following: o Chairman and members of the Constitutional Commission
1) Completion of all courses leading to the degree of Bachelor of Laws or its o Ombudsman and his deputies
equivalent degree; o Governors, city and municipal mayors
2) Recognition or accreditation of the law school by the proper authority; o Civil service officers or employees whose duties require
3) Completion of all the fourth year subjects in a law school duly recognized by them to devote their entire time at the disposal of the
the Philippine Government [SC Bar Matter 1153: Re: Letter of Atty. Estelito government
Mendoza (2010)] o Those who are by special law are prohibited from engaging
in the practice of their legal profession
NON-LAWYERS IN COURT/TRIBUNALS ii. Public Officials – Practice with Restrictions
• General Rule: Only those who are licensed to practice law can appear and o Senators and Members of the House of Representatives
handle cases in court. o Members of the Sanggunian
• Exceptions: o Retired Justice or Judge
1) A party litigant (Pro Se Practice) o Civil service officers or employees whose duty does not
2) Before the MTC and in any other court (Sec. 34, Rule 138, ROC) require their entire time to be at the disposal of the
3) Law Student Practice Rule (Rule 138-A, ROC) government
4) Before the NLRC (Art. 222, Labor Code)
5) Before a Cadastral Court PRIMARY CHARACTERISTICS WHICH DISTINGUISHES THE LEGAL PROFESSION FROM
6) Before the DARAB BUSINESS
7) Any official or person appointed or designated in accordance 1) A duty of public service, of which the emolument is a by-product, and in
with the law to appear for the government or any of its officials. which one may attain the highest eminence without making much money.
(Sec. 33, Rule 138, ROC) 2) A relation as an “officer of court” to the administration of justice involving
sincerity, integrity, and reliability.
PRACTICE OF LAW BY PUBLIC OFFICIALS 3) A relation to clients in the highest degree of fiduciary.
• General Rule: The appointment or election of an attorney to a government 4) A relation to colleagues characterized by candor, fairness and unwillingness
office disqualifies him from engaging in the private practice of law. to resort to current business methods of advertising and encroachment on
• Prohibition: (i) absolutely prohibited; (ii) not absolutely prohibited their practice or dealing directly with their clients.
i. Public Officials – Absolutely Prohibited
o Judges and other officials or employees of the superior EXEMPTED FROM THE MCLE
court 1) President, VP, the Secretaries & Undersecretaries of the executive
o Officials/employees of the OSG departments
o Government prosecutors 2) Senators and Members of the House of Representatives

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3) The Chief Justice and Associate Justices of the Supreme Court, incumbent 3 – not a division of fees but a pension representing additional deferred wages
and retired members of the judiciary, incumbent members of the JBC, to the employee’s past services
incumbent members of the MCLE Committee, incumbent court lawyers who
have availed the PhilJA program of continuing legal education. EXCEPTIONS TO DUTY TO AVOID TESTIFYING ON BEHALF OF A CLIENT
4) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of Exceptions:
the DOJ 1) On formal matter, such as the mailing, authentication or custody of an
5) The Solicitor General and the Assistant Solicitor General instrument and the like; or
6) The Government Corporate Counsel, Deputy and Assistant Government 2) On substantial matters, in cases where his testimony is essential to the end
Corporate Counsel of justice, in which event he must, during his testimony, entrust the trial of
7) The Chairmen and Members of the Constitutional Commission the case to another counsel.
8) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen
and the Special Prosecutor of the Office of the Ombudsman THREE TESTS TO DETERMINE THE EXISTENCE OF CONFLICTING INTERESTS
9) Heads of the government agencies exercising quasi-judicial functions • Conflicting Duties – When, on behalf of one client, it is the attorney’s duty to
10) Incumbent deans, bar reviewers and professor of law who have teaching contest for that which his duty to another client requires him to oppose or
experience for at least 10 years in accredited law school when possibility of such situation will develop.
11) The Chancellor, Vice-Chancellor and members of the Corps of Professors and • Invitation of Suspicion – Whether the acceptance of the new relation will
Professional Lecturers of the PhilJA prevent a lawyer from full discharge of his duty of undivided fidelity and
12) Governors and Mayors loyalty to his client or will invite suspicion of unfaithfulness or double-dealing
in the performance thereof.
DIVISION OF LEGAL FEES WITH NON-LAWYERS • Use of Prior Knowledge Obtained – Whether a lawyer will be called upon in
• General Rule: Non-lawyers are not entitled to attorney’s fees. his new relation to use against the first client any knowledge acquired in the
• Exceptions: previous employment.
1) Where there is pre-existing agreement with a partner or
associate that, upon the latter’s death, money shall be paid TYPES OF CONFLICT OF INTEREST
over a reasonable period of time to his estate or to persons • Concurrent or multiple representations – generally occurs when a lawyer
specified in the agreement; or represents clients whose objectives are adverse to each other, no matter
2) Where a lawyer undertakes to complete unfinished legal how slight or remote such adverse interest may be.
business of a deceased lawyer; or • Sequential or successive representation – involves representation of a
3) Where a lawyer or law firm includes non-lawyer employees in a present client who may have an interest adverse to a prior or former client
retirement plan, even if the plan is based in whole or in part, on of the lawyer/firm.
a profit sharing arrangement. NOTE: What is material in determining whether there is a conflict of interest in
NOTE: the representation is probability, not certainty of conflict.
1 – compensation for services rendered by the deceased lawyer;
2 – the person who undertakes is a lawyer;
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REQUISITES OF THE PRIVILEGED COMMUNICATION 3) Lawyer, without fault, was unable to conclude litigation;
1) There exists an attorney-client relationship or a kind of consultancy 4) Lawyer, for justifiable cause, was not able to finish the case;
relationship with a prospective client. 5) Lawyer and client disregard the contract for fees.
2) The communication was made by the client to the lawyer in the course of the
lawyer’s professional employment. CLIENT’S CONFIDENCES AND SECRETS
3) The communication must be intended to be confidential. General Rule: A lawyer shall not reveal the confidences and secrets of his client.
Exceptions:
Two-fold purpose of the Rule: 1) When authorized by the client after acquainting him of the consequences of
1) To encourage a client to make a full disclosure of the facts of the case to his the disclosure.
counsel without fear; and 2) When required by law.
2) To allow the lawyer freedom to obtain full information from his client. 3) When necessary to collect his fees or to defend himself, his employees or
associates or by judicial action. In case client files complaint against his lawyer
Parties entitled to invoke the privilege or unreasonably refuses to pay his fees: lawyer may disclose so much of
1) The client, who is primarily intended to be protected by the privilege. client’s confidences as may be necessary to protect himself or to collect fees.
2) The lawyer himself or the client’s employee may claim the privilege in the 4) In cases of contemplated crimes or perpetuation of fraud.
absence of any waiver on the part of the client.
3) The attorney’s secretary, stenographer, or clerk, who acquired confidential GOOD CAUSES FOR WITHDRAWAL
information in such capacity, save only when the client and the attorney 1) Client pursuing an illegal or immoral course of conduct;
jointly consent thereto. 2) Client’s insistence that lawyer pursues acts violative of the canons and rules;
3) Inability of lawyer to work with co-counsel;
AVOIDANCE OF DEBTOR-CREDITOR RELATIONSHIP 4) Mental and physical inability of counsel to handle case effectively;
General Rule: A lawyer is not allowed to borrow money from his client. 5) Client’s deliberate failure to pay attorney’s fees agreed upon;
Exception: The lawyer is allowed to borrow money from his client provided the 6) Election or appointment of lawyer to public office;
interests of the client are fully protected by the nature of the case or by independent 7) Other similar cases
advice.
SUBSTITUTION OF COUNSEL IN A CASE
General Rule: A lawyer may not lend money to a client. 1) Written application for substitution
Exception: When it is necessary in the interest of justice to advance necessary 2) Written consent of client
expenses in a legal matter he is handling for the client. 3) Written consent of attorney to be substituted

SOME INSTANCES OF RECOVERY OF ATTORNEY’S FEES ON THE BASIS OF QUANTUM *in case written consent of attorney cannot be secured, proof of service of notice
MERUIT of application upon attorney to be substituted.
1) No express contract for payment of attorney’s fees; **in case of death of original attorney, additional requirement of verified proof of
2) Amount stipulated is unconscionable; death necessary
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LIENS A lawyer may be removed from office or suspended from the practice of law on
grounds other than those specifically provided in the law. The statutory enumeration
Retaining lien – A right merely to retain the funds, documents and papers of his client is not to be taken as a limitation on the general power of SC to suspend or disbar a
which have lawfully come into his possession and may retain the same until his lawful lawyer. (In Re: Puno, A.C. No. 389, Feb. 28, 1967)
fees and disbursements have been paid.
OFFICERS/ENTITIES AUTHORIZED TO INVESTIGATE
The requisites for validity of a retaining lien. 1) Supreme Court
1) Attorney-client relationship 2) IBP, through its authorized investigators
2) Lawful possession by lawyer of the client’s funds, documents and papers in 3) SC referring the case for investigation to the Office of the Bar Confidant or to
his professional capacity any officer of the Supreme Court or judge of lower court.
3) Unsatisfied claim for attorney’s fees or disbursements.
HOW TO INSTITUTE DISBARMENT PROCEEDINGS:
Charging lien – An equitable right to have the fees and lawful disbursements due a 1) Supreme Court motu proprio
lawyer for his services, secured to him out of a money judgment. 2) Filing of a complaint with the Supreme Court;
3) Filing of a complaint with the IBP Head Office or Chapter Office
The requisites for validity of a charging lien.
1) Attorney-client relationship CHARACTERISTICS OF A DISBARMENT PROCEEDING
2) Attorney has rendered services 1) Sui Generis
3) Money judgment favorable to the client has been secured in the action 2) The defense of “double jeopardy” cannot be availed of in a disbarment
4) Attorney has a claim for attorney’s fees or advances statement of his claim proceeding.
has been duly recorded in the case with notice thereof served upon the client 3) It can be initiated motu proprio by the Supreme Court.
and adverse party 4) It can proceed regardless of interest or lack of interest of the complainants,
if the facts proven so warrant.
GROUNDS FOR SUSPENSION OR DISBARMENT (SEC. 27, RULE 138) 5) It is imprescriptible.
1) Deceit; 6) It is conducted confidentially.
2) Malpractice, or other gross misconduct in office; 7) It is in itself due process of law.
3) Grossly immoral conduct; 8) Whatever has been decided in a disbarment case cannot be a source of right
4) Conviction of a crime involving moral turpitude; that may be enforced in another action.
5) Violation of oath of office; 9) In pari delicto rule is not applicable.
6) Willful disobedience of any lawful order of a superior court; 10) No prejudicial question in disbarment proceedings.
7) Corrupt or willful appearance as an attorney for a party to a case without 11) Penalty in a disbarment case cannot be in the alternative.
authority to do so. 12) Monetary claims cannot be granted except restitution and return of monies
and properties of the client given in the course of the lawyer-client
relationship.
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MITIGATING CIRCUMSTANCES IN THE IMPOSITION OF PENALTY GUIDELINES FOR LIFTING THE ORDER OF SUSPENSION
1) Absence of a prior disciplinary record; • Upon expiration of the period of suspension, respondent shall file a Sworn
2) Absence of dishonest or selfish motive; Statement with the Court, through the Office of the Bar Confidant, stating
3) Personal or emotional problems; therein that he or she has desisted from the practice of law and has not
4) Timely good faith effort to make restitution or to rectify consequences of appeared in any court during the period of his or her suspension;
misconduct; • Copies of the Sworn Statement shall be furnished to the Local Chapter of the
5) Inexperience in the practice of law; IBP and to the Executive Judge of the courts where the respondent has
6) Remorse; pending cases handled by him or her, and/or where he or she has appeared
7) Age as counsel;
• The Sworn Statement shall be considered as proof of respondent’s
AGGRAVATING CIRCUMSTANCES IN THE IMPOSITION OF PENALTY compliance with the order of suspension. [Maniago v. De Dios, (2010)]
1) Prior disciplinary offenses;
2) Dishonest or selfish motives; NOTARY PUBLIC AND NOTARY
3) A pattern of misconduct; “Notary Public” and “Notary” refer to any person commissioned to perform official
4) Multiple offenses; acts under the rules of Notarial Practice. (Sec. 9, Rule II, A.M. No. 02-8-13-SC)
5) Submission of false evidence, false statements, or other deceptive practices
during the disciplinary process; Qualifications of a Notary Public
6) Refusal to acknowledge wrongful nature of conduct; 1) Must be a citizen of the Philippines;
7) Vulnerability of the victim; 2) Over 21 years of age;
8) Indifference to making restitution. 3) A resident in the Philippines for at least one (1) year and maintains a regular
place of work or business in the city or province where the commission is to
CRITERIA FOR REINSTATEMENT be issued;
1) Appreciation of the significance of his dereliction; 4) Member of the Philippine Bar (in good standing, with clearances from the
2) Assurance to the court that he now possess the requisite proof and integrity Office of the Bar Confidant of the SC and the IBP); and
necessary to guarantee his worthiness to be restored to the practice of law; 5) Must not have been convicted of any crime involving moral turpitude.
3) Time elapsed between disbarment and application for reinstatement;
4) Good conduct and honorable dealing subsequent to his disbarment; JURISDICTION OF NOTARY PUBLIC AND PLACE OF NOTARIZATION (Rule IV, Sec. 11)
5) Active involvement in civic, educational and religious organizations; • General Rule: A notary public may perform notarial acts only in his regular
6) Favorable endorsement of IBP as well as local government officials and place of work or business.
citizens of his community; and • Exception: However, a notary public may perform notarial acts at the request
7) Pleas of his loved ones. of the parties at the following places, provided that these places are within
the territorial jurisdiction of the court that issued the notarial commission;
o In public offices, convention halls and other places where oaths of
office are administered;
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o Public function areas in hotels and similar areas used for the signing b) He is related to either party within the sixth degree of consanguinity
of instruments or documents requiring notarization; or affinity, or to counsel within the fourth degree, computed
o Hospitals and other medical institutions where a party to an according to the rules of the civil law; or
instrument is confined for treatment; and c) He has been executor, administrator, guardian, trustee or counsel;
o Any place where a party to the instrument requiring notarization is or
under detention. d) 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
JUDICIAL ETHICS interest, signed by them and entered upon the record.

The Bangalore Draft is founded on the following principles: DISCIPLINE OF MEMBERS OF THE JUDICIARY
Three (3) Ways of Instituting Administrative Charges Against Judges
1) A competent, independent and impartial judiciary is essential if the courts
are to fulfill their role in upholding constitutionalism and the rule of law; (1) Motu proprio by the Supreme Court; or
2) Public confidence in the judicial system and in the moral authority and (2) Upon verified complaint with affidavits of persons having personal
integrity of the judiciary is of utmost importance in a modern democratic knowledge of the facts alleged therein or by documents which may
substantiate said allegations; or
society;
(3) Upon an anonymous complaint supported by public records of indubitable
3) It is essential that judges, individuality and collectively, respect and honor
integrity. (Sec. 1, Rule 140, Rules of Court)
judicial office as a public trust and strive to enhance and maintain confidence
in the judicial system.
Administrative Cases against justices, Judges May Be Automatically Treated as
Disbarment Cases
The New Code of Judicial Conduct for the Philippine Judiciary is divided into 6 canons
CANON 1 – Independence; • Under A.M. No. 02-9-02-SC (September 17, 2002), serious administrative
CANON 2 – Integrity; cases against justices and judges are automatically converted as disciplinary
CANON 3 – Impartiality; proceedings against them both as such officials and as members of the
CANON 4 – Propriety; Philippine Bar.
CANON 5 – Equality;
CANON 6 – Competence and Diligence PRACTICE OF LAW IS A PRIVILEGE
• It is a special privilege bestowed only upon those who are competent
CANON 3 – IMPARTIALITY intellectually, academically and morally.
Disqualifications of Justices and Judges • Lawyers are expected to maintain at all times a high standard of legal
• COMPULSORY DISQUALIFICATION [Section 1 (1), Rule 137, Rules of Court] proficiency and morality, including honesty, integrity and fair dealing. They
• No judge or judicial officer shall sit in any case in which: must perform their four-fold duty to society, the legal profession, the courts
a) He, or his wife or child, is pecuniarily interested as heir, legatee, and their clients, in accordance with the values and norms of the legal
creditor or otherwise; or profession as embodied in the Code of Professional Responsibility.

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• In case of doubt whether the act is ethical or not, the lawyer should adopt
the most stringent interpretation and consider the act as unethical.

THE LAWYER’S OATH

“I, ______ of _______ (place of birth) do solemnly swear that I will maintain allegiance
to the Republic of the Philippines; I will support its Constitution and obey the laws as
well as the legal orders of the duly constituted authorities therein; I will do no
falsehood, nor consent to the doing of any in court; I will not willingly promote or sue
any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay
no man for money or malice, and will conduct myself as a lawyer according to the best
of my knowledge and discretion, with all good fidelity as well as to the court as to my
clients; and I impose upon myself this voluntary obligation without any mental
reservation or purpose of evasion. So help me God.”

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