1.

Practice of Law
A. Concept 1. Practice of law is not a natural property or constitutional right but a mere privilege to be extended or withheld in the exercise of sound judicial discretion. It is a privilege accorded only to those who measure up to certain rigid standards of mental and moral fitness. But the practice of law is a right in the sense that it cannot be capriciously taken from a lawyer, without due process of law. 2. Practice of law is a profession, a form of public trust, the performance of which is entrusted only to those who are qualified and who possess good moral character. It is not a business, using bargain counter methods to reap a large profit. The gaining of a livelihood is but a secondary consideration.

Possible MCQs
1. Practice of law is a privilege that may be extended only by: (A) the President; (B) the Congress the Judiciary (D) the law schools Practice of law is a privilege that may be withdrawn: (A) at anytime; (B) after due process; upon reaching retirement age; (D) only upon death.

2.

Possible MCQs
3. The practice of law is a profession , a form of public trust, where the gaining of a livelihood (A) is a primary consideration, (B) is a secondary consideration (D) is not a consideration at all (B) is none of the above.

4. The practice of law is a profession which proinciplly requires: (A) organizational skills, (B) management skills; marketing skills; (D) good moral character.

Practice of law generally to engage in the practice of law is to do any of those acts which are characteristic of the legal profession (Phil. Lawyers Association v Agrava, 105 Phil. 173). It embraces any activity in or out of court, which requires the application of law, legal principle, practice or procedure, and calls for legal knowledge, training and experience ( Cayetano v. Monsod, 201 SCRA 210). It is not limited to the conduct of cases in court. It includes legal advice and counselling, and the preparation of legal documents and contracts by which legal rights are secured (Ulep v. Legal Clinic, Inc., 223 SCRA 378

Characteristics of practice of law: 1. Habituality 2. Compensation 3. Application of law, legal principle , practice or procedure 4. Attorney-client relationship

Possible MCQs

1.

2.

Who of the following is not qualified to be appointed judge: (A) the HR Manager of a call center in the last 10 yeas; (B) the IP Manager of a family business I the past 10 years; a teacher of Philippine history at a private school for the past 10 years; (D) a member if the Board of Directors of a rural bank in the past 10 years. Practice of law is not limited to appearance in court but also includes all but one of the following activities. Which one?: (A) giving legal advice (B) drafting con tracts; organizing corporations. (D) judging moot court contests

B. Qualifications for admission to the practice of law:

1. Citizen of the Philippines; 2. Resident of the Philippines; 3. At least 21 years of age; 4. Of good moral character; 5. No charge involving moral turpitude filed or pending in court; (In Re Lanuevo, 66 SCRA 245, concealment of criminal charge) 6. Educational qualifications: a. completion of a four year high school course and a collegiate course leading to a bachelors degree in arts or sciences with political science, logic, English, Spanish, history and economics as major; b. completion of a four-year law course in a school or university officially approved and recognized by the Secretary of Education. 7. Passing the Bar examinations. (Alawi v. Alauya, 268 SCRA 628, Sharia bar not
enough)

Possible MCQs
1. The loss of one of the following qualifications will mean a loss of the right to practice law in the Philippines: (A) Philippine citizenship; (B) Residence in the Philippines; The age of 18 years; (D) Lucrative employment. 2. One of the following is disqualified from practicing law in the Philippines: (A) A soldier in active service. (B) A Filipino who became a naturalized Canadian citizen. A balikbayan who failed to pay his IBP dues while abroad. (D) A lawyer who worked as a nurse in the Middle East for 5 years. .

C. Appearance of Non-lawyers
1. Student Practice Rule (Rule 138-A) A law student who has successfully completed his 3rd year of the regular four-year curriculum and is enrolled in the schools clinical legal education program approved by the Supreme Court, may appear before any trial court, tribunal, board or officer to represent indigent clients accepted by the legal clinic of the law school. 2. Non-lawyers in courts a. In municipal or metropolitan trial courts, a person may appear by himself of through a friend.. b. In municipalities where no lawyer is available, the judge of a Municipal Trial Court may appoint a person of repute for integrity and competence to represent a party in a criminal proceeding. c. In the RTC, a party may appear for himself (pro se) or through a lawyer . d. Persons authorized by the Supreme Court as in Small Claims cases.

3.

Non-lawyers in administrative bodies Non-lawyers may be allowed by law to appear, such as union representatives allowed to represent union member in the NLRC (Art.722 [a], Labor Code), but subject to three limitations: a. should not undertake purely legal work; b. should not render services habitually; c. Should not charge or collect attorneys fees.

4. Proceedings where lawyers prohibited from appearing: a. Proceedings before the Katarungan Pambarangay (Art. 415, Local Government Code) b. Small claims proceedings (Secs. 16 & 17, Rule on Small Claims Cases)

Possible MCQs
1. A non-lawyer may appear in court on behalf of another in the following case: (A) on behalf of another in a civil case in the RTC; (B) as counsel de oficio in a criminal case in the RTC; as counsel de oficio in criminal case in the MTC of a remote municipality; (D) on behlaf of an OFW in the POEA. 2. A non-lawyer who appears for himself in case is: (A) a counsel de oficio; (B) a counsel pro se; ( C) a counsel de parte; (D) an amicus curiae.

D. Sanctions for practice or appearance without authority: 1. Lawyers without authority this constitutes malpractice and violation of the lawyers oath, for which he may be suspended or disbarred. 2. Persons not lawyers may be punished for contempt of court.

E. Public Officials and Practice of Law

1.Prohibited from practicing President, Department secretaries, judges and justices, prosecutors, Solicitor General and members of the OSG, members of Constitutional Commissions, Governors and Mayors. 2. Allowed to practice but subject to restrictions Senators, members of the House of Representatives, Vice-Governors and Vice Mayors, members of the Sanggunians,. 3. Approval of department head required - Civil Service employees (Catu v. Rellosa, AC 5738, Feb. 9, 2008 [punong barangay] ; Abella v. Cruzaba, AC 5088, June 3, 2009 [ [Register of Deeds employee]).

Possible MCQs
1. An Assistant City Prosecutor may appear in court in the settlement of his mothers estate, without the approval of the Secretary of Justice because: (A) He is in effect handling his own case; (B) It is only an islolated appearance; It is not prohibited by the Constitution; (D) It is allowed by the City Prosecutor. 2, The following public officers are not prohibited form practicing law while in office (A) Department Secretary; (B)_ Provincial Governor; Municipal Mayor (D) Barangay Chairman.

(1) Prohibitions and disqualifications of former government attorneys: (a) Under R.A. 6713 retired government officials are allowed to practice their profesison, but for a period of one year after their retirement, they are not allowed to practice in the office where they had previously been connected. (b) Under the Code of Professional Responsibility - A lawyer may not, after leaving government service, accept engagement or employment in connection with any matter in which he had intervened while in said service (Rule 6.03; PCGG v. Sandiganbayan, 455 SCRA 526 ). (c) Under the Judiciary Retirement Act (R.A. 910) retired members of the judiciary cannot appear as counsel in cases, civil, criminal or administrative, where the government is the adverse party.

Possible MCQs
1. A fter retirement, a Branch Attorney of a government-owned bank: (A) may not engage in the practice of law for one year; (B) may engage in the practice of law but may not handle cases in the bank for a period of one year after retirement; may handle cases in the bank as long as they do not involve documents notarized by him; (D) may handle cases involving documents notarized by him but not those in which he benefited. A lawyer employed as a document examiner in a Register of Deeds (A) may notarize documents submitted for registration; (B) may notarize documents with the approval of the Register of Deeds. may notarize documents with the approval of the Secretary of Justice (D) may notarize documents with the approval of the CSC.

2.

F. Lawyers authorized to represent the government: 1. Members of the Office of the Solicitor General 2. State prosecutors 3. Members of the Office of the Government Corporate Counsel 4. Officers who may be authorized by law. 5. Private lawyers retained by government entities with the approval of the OSG or GOCC and the Commission on Audit (Rey A. Vargas v. Atty. Michael A. Ignes, A.C. No. 8096, July 5, 2010) .

G. Lawyers Oath :
I, ______ do solemnly swear that: I will maintain allegiance to the Republic of the Philippines; will support the Constitution and obey the laws as well as the legal order of duly constituted authorities therein; I will do no falsehood nor consent to the doing of the same in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, not give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well to the courts as to my clients; and I impose upon myself this voluntary obligation, without any mental reservation or purpose of evasion, SO HELP ME GOD.
(Aguirre v. Rana, B.M. 1036, June 10, 2003, last step is signing the

Attorneys Roll)

2. DUTIES AND RESPONSIBILITIES OF A LAWYER

A. Duties to Society in general: 1. Uphold the Constitution, Obey the laws of the land, and Promote respect for the law and legal processes (Canon 1, CPR .(Canon 1) a. Not engage in unlawful, dishonest, immoral and deceitful conduct. Rule 1.01) b. Not counsel or abet activities aimed at defiance of the law and lessening confidence in the legal system, ( Rule 1.02 ) c. Not encourage any suit or proceeding or delay and any mans cause. (Rule 1.03) d. Encourage his clients to ,avoid, and/or settle a controversy if it will admit of a fair settlement. (Rule 1.04)

Examples of Unlawful Conduct

* * Circumvention of the Constitution Drawing up fictitious contracts Drawing up antedated, undervalued contracts Notarizing will with only two witnesses, Notarizing agreement for separation of spouses. Drawing up agreements for waiver of legitime. Issuance of bouncing checks Drafting of unlawful contracts. Acting under road rage. Bribing judges. Failure to account for clients funds.

Examples of Dishonest Conduct

Notarizing outside territorial jurisdiction. Notarizing document without the presence of the party executing. Notarizing document without ascertaining identity of party acknowledging. Certifying false certificate of canvass. Lying in application for admission to bar examination. Borrowing money under false pretenses. Submitting falsified power of attorney to secure bank loan. Presenting cancelled title as evidence.

Definition of Immoral conduct

Immoral conduct:
Conduct which is willful, flagrant or shameless, and which shows a moral indifference to the opinion of good and responsible members of the community.
A grossly immoral act is one that is so corrupt or false as to constitute a criminal act or so unprincip0led or disgraceful as to be reprehensible to a high degree.

Examples of Immoral Conduct

1. Beso-Beso not immoral 2. Lawyer keeping a mistress (even if he marries her aftewards. 3. Lawyer having a child out of marriage (subject to aggravating circumstance if he denies or fails to support child) 4, Married lawyer having an affair with another woman (mitigated if woman knew he was married. 5. Lawyer having an affair with a married woman. 6. Lawyers who commit bigamy or polygamy (subject to mitigating or aggravating circumstances) 7. Married lawyers who seduce innocent women. 8. Married lawyers who have an affair with each other.

Examples of deceitful conduct

1. 2. 3. 4. 5. 6. 7. Acquiring clients properties through medium of corporation creaed and controllsed by him. Persuading client to transfer properties to him to save them from her husband;s creditors. Acquigint the property of his clients which he was retained to recover. Sale of property without a title and not owned by him. Selling fictitious property to client. Convincing client to create real estate corporation to who he subsequently sold fictitious properties. Selling property entrusted to him to sell and not accounting for proceeds.

 Shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system (Rule 1.02)
Should not promote an organization known to be violating the law or engaging in a dishonest scheme (In Re Turrel, 2 Phil. 266) , Scheme to fleece OFWs (Yu vs. Atty. Palana, A.C. 7747, July 14, 2008). Lawyer who assisted in illegal recruitment of overseas workers Sebastian v. Calis, 314 SCRA `1

A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any mans cause (Rule 1.03) Stirring up litigation Barratry Ambulance chasing

A lawyer should be a mediator for concord and a conciliator for compromise rather than an initiator of controversy and a predator of conflict, a true exponent of the primacy of truth and moral justice rather than a virtuoso of technicality (Nilo v. CA, 174 SCRA 172, De Ysasi v. NLRC, 331 SCRA 173)

2. A lawyer shall make his services available in an efficient and convenient manner (Canon 2) a. Shall not reject, except for valid reasons, the cause of the defenseless or oppressed (Rule 2.01). But should not accept more cases than he can handle, Canoy v. Ortiz, 453 SCRA 410). b. In case he cannot accept the case, at least give legal advice to the extent necessary to safeguard his rights.. (Rule 2.02) c. Shall not do or permit to be done any act primarily designed to solicit legal business. ( Art. 2.03) (Tan Tek Beng v. David, 126 SCRA 289; Linsangan vs. Tolentino, A.C. 6672, Sept. 4, 2009) d. Shall not charge rates lower than those customarily prescribed unless the circumstances so warrant (Rule 2.04)

Possible MCQs
1. A lawyer tells an agrarian leader to go to Tarlac and organize farmers there into
cooperatives which shall retain him as lawyer to handle their agrarian reform claims. He promises to give the organizer 30% of the fees that he will earn from such cases. (A) He is guilty of soliciting business. (B) He is guilty of stirring up litigation. He is guilty of sharing his fees with a non-lawyer. (D) He is guilty of all of the above. 2. A lawyer has decided to devote his career to pro bono cases. How many should he accept? (A) all of them without limitation; (B) only all whom he can efficiently handle. only the poorest of the poor; ; (D) only those who can vote for him on election time.

3. In making known his legal services, use only true, honest, fair, dignified and objective information (Canon 3)(Ulep v. Legal Clinic, Inc. 223 SCRA 378) a. Not use any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement of claim. (Rule 3.01) (Khan v. Simbillo, 409 SCRA 209) c. Continued use of name of deceased partner permitted provided firm indicates that he is deceased. (Rule 3.02) (In re Sycip, Salazar, 92 SCRA 1) d. When partner joins public office, his name should be dropped, unless he is allowed to practice law concurrently ( Rule 3.03), E. Not pay members of media in return for publicity (Rule 3.04)

Possible MCQs

A law firm has placed an ad in a newspaper with the title Dont run where angels fear to tread. Beneath it is an announcement by the law firm that it is an expert in drawing up Pre-Nuptial agreements, and can make one for interested parties according to their special circumstances. The ad ends with the brief statement Bargain Basement prices. (A) The ad is ethical because it seeks to preserve, not destroy, marriage (B) The ad is unethical because no one can claim to be an expert in prenuptial agreements. The ad is unethical because it goes against Filipinjo culture. (D) The is unethical because it smacks of a commercial advertisement. .

Possible MCQs

The name of a law firm is Abogado (R.I.P.), Abogado (R.I.P.), Abogado (Ret.) and Senator Abogado . Is the name ethical or not? (A) Ethical, because there is an indication that some partners are already dead. (B) Unethical, because it contains the name of a partner who is only retired)
Unethical, because the name of Senator Abogado should have been dropped. (D) Ethical, because a senator is allowd to practice law.

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 (Canon 4) 5. A lawyer shall keep abreast of legal developments, participate in continuing legal education programs, support efforts to achieve high standards in law schools as well as in the practical training of students and assist in disseminating the law and jurisprudence. (Dulalia v. Cruz, AC 6854, Aug. 20, 2007)

b. Duties to the legal profession.

1. Integrated Bar of Philippines

(a) Integration of the Bar is the official unification of the entire lawyer population ordained by the Supreme Court on January 16, 1973.
(b) Integration is constitutional (In re Integration, 49 SCRA 22)

(c) Objectives of the IBP: elevate standard of the legal profession, improve the administration of justice, enable Bar to discharge its public responsibility more effectively.

(d) Purposes of the IBP include:

(1) assist in the administration of justice (2) foster and maintain high ideals of integrity, learning , professional competence, public service and conduct among its members, (3) safeguard the professional interests of its members, (4) cultivate among its members a spirit of cordiality and brotherhood, (5) provide a forum for discussion of law, jurisprudence, law reform, pleading, practice and procedure, and the Bar to the Bench and the public, (6) encourage and foster legal education, (7) promote a continuing program of legal research and make reports and recommendations thereon.

member in good standing who is 75 years old or who has been lawyer for 40 years or is unable to practice law due to physical disability or judicially adjudged mental incapacity, may be retired from the IBP upon petition to the Board of Governors. A retired member cannot practice law, but may be reinstated by the Board of Governors upon written application. (f) Every member of the Integrated Bar shall pay annual dues fixed by the Board of Governors. Failure to pay dues can be a ground for suspension and/or disbarment (In re Edillon, 84 SCRA 554)/. (g) Mandatory on all members of the bar, even those abroad. (h) Non-payment of dues is not excused by limited practice of law and senior citizens discount (Santos vs. Llamas, 322 SCRA 529)

(e) Membership in the IBP is obligatory on all lawyers. A

Possible MCQs
1. A lawyer has the right to practice law during his lifetime. However, he may apply for retirement for any, but one, of the following grounds. Which one is not a ground? (A) He is already 75 years old; (B) He has practiced law for 40 years; He is suffering from physical or mental disability; (D) He has been suspended indefinitely. 2. One of the following is a valid ground for not payiing IBP dues: (a) the lawyer is abroad and no longer practicing in thePhilippjnes (b) the lawyer is a senior ciitzen with a limited practice; the lawyer has been allowed to retire; (d) the lawyer is under suspension .

2. Upholding the Dignity and Integrity of the Profession. (Canon 7) a. Answerable for knowingly making a false statement or suppressing a material fact in application for admission to the bar. (Rule 7.01) (In re Lanuevo, 66 SCRA 245 failure to disclose criminal charge; mDiao v. Martinez, 7 SCRA 475 false claim of an A.A. degree). b. No support for person known to be unqualified. (Rule 7.02) c. Shall not engage in conduct that adversely affects his fitness to practice law, nor, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. (Rule 7.03) (Guevarra v. Eala, AC 7136, August 2007, Cham v. Patta-Moya, A.C. 7494, June 27, 2008, Keld Stemmerik v. Atty. Mas, AC 8010, June 10, 2009).

Possible MCQs

In his municipality, Atty. Juan operated a jueteng business. Asked to show cause why he should not be disciplined by the Supreme Court for such activity, Atty. Juan claimed that it has nothing to do with the practice of law. Can he be disciplined or not? A) No, because operating a jueteng business pertains to the privatge life of the lawyer. (B) Yes, because jueteng is prohibited by law. . Yes, because operating a jueteng business tends to make people look down on the legal profession. (D) No, because jueteng gives people hope of improving themselves.

3. A lawyer shall conduct himself with courtesy, fairness and candor towards professional colleagues, and avoid harassing tactics against opposing counsel. (Canon 8) a. Not use abusive, offensive and improper language. (Rule 8.01) (Barandon, Jr. v. Ferrer, Jr., AC 578, Mar. 26, 2010)
b. Not, directly or indirectly, encroach on the professional employment of another lawyer. (Rule 8.02) (Camacho v Pagulayan, 328 SCRA 631 negotiating with adverse party without passing through the lawyer; Linsangan v. Tolentino, AC 6672, Sep. 4, 2009 enticing clients of another lawyer to transfer their cases to him)

Possible MCQs

At a cocktail party, Atty. Pedro approached Jose, the adverse party of his client in a pending case. He convinced Jose to enter into and amicable settlement with his client. When the compromise agreement was presen ted in court for approval, it was objected to by Atty. Pablo, Joses counsel of record. Should the compromise agreement be approved by the court? (A) Yes, because a compromise agreement will put an end to the dispute. (B) No, because it should have the conformity of Atty. Pablo. Yes, because entering into a compromise is within the authority of the parties. (D)) No, because Atty. Pedro has encroached on the employment of Atty. Pable.

4. No assistance in unauthorized practice of law. (Canon 9). a. No delegation to an unauthorized person of work that may be performed only by a member of the bar in good standing.; (Rule 9.01) b. Shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except: i. pre-existing agreement with partner or associate for payment to family over a reasonable period in case of latters death; ii. Undertakes to complete unfinished business of deceased lawyer. iii. Retirement plan for employees (Rule 9.02)

Possible MCQs

Out of sympathy, Atty. Bart hired Atty. Bong, a suspended lawyer, to review and improve his pleadings to be filed in appellate courts. Has Atty. Bart violated the law against assisting an unauthorized person to practice law? (A) No, because reviewing pleadings does not constitute practice of law. (B) Yes, because reviewing pleadings will involve determining applicable law. No, because Atty. Bong will not sign the pleadings. (D) Yes, hiring Atty. Bong will mitigate the severity of his penalty.

c. Duties to the Courts.

1. Candor, Fairness and Good Faith to the courts. (Canon 10) (Emanates from his role as an officer of the court. a. Shall not allow falsehood in court, nor mislead or allow the courts to be misled. (Rule 101) Maligaya v Doronila, 502 SCRA 1, Fernandez v. Villalon, AC 7084, Feb. 27, 2009, De Leon v. Castelo, AC 7907. Jan. 12, 2011 b. Must not knowingly misquote or misinterpret. (Rule 10.02). c. Observe rules of procedure and not misuse them. (Rule 10.03)

Possible MCQs
1. The duty to be candid with the courts includes: (A) the duty to allege all relevant facts of your clients case; (B) the duty to allege the reliefs sought by your client; the duty to allege documents material to the case; (D) the duty to allege facts constituting a defense for the adverse party Candor to the courts also means (A) presenting causes he honestly believes to be meritorious; (B) presenting defenses he believes to be at least debatable; presenting witnesses whom he believes will be credible; (D) rejecting appointment as counsel de oficio for an accused whom he believes to be guilty.

2.

2. Observe and maintain respect due to the courts and judicial officers (Canon 11) a. Appear in court properly attired (Rule 11.01) b. Appear in court hearings punctually. (Rule 11.02) c. Abstain from scandalous, offensive or menacing language or behavior. (Rule 11.03) (Letter of Atty. Sorreda, 464 SCRA 43, Lacurom v. Jacoba, 484 SCRA 206, Ng vs. Alar, AC 7252, Nov. 22, 2006) d. Do not attribute to judge motives not supported by the record or immaterial to the case (Rule 11.04) (Fudot v. Cattleyla Land, Inc., GR 171008, Oct. 25, 2008) e. Do not criticize personal or official conduct of judge in an insulting and intemperate language. (Rule 11.05) f. Submit grievances against a judge to the proper authorities only. (Rule 11.06)

3. Assist in speedy and efficient administration of justice. (Canon 12) a. Appear at trial adequately prepared. (Rule 12.01) b. No forum shopping (Rule 12.02) (Que v. Revilla, AC 7054, Dec. 4, 2009; Alonso v. Relamida, AC 8481, Aug. 3, 2010 c. Observe extensions of time . (Rule 12.03) d. Unduly delaying a case, impeding execution of a judgement, and misusing court processes. (Rule 12.04) (Hegna v. Paderanga, AC 5955, Sep. 8, 2009) e. Refrain talking to witness during recess. (Rule 12.05) f. Do not assist a witness misrepresent himself. (Rule 12.06) g. Not abuse, browbeat or harass a witness. (Rule 12.07) h. Avoid testifying in favor of a client , except: i. on formal matters ii. On substantial matters where his testimony is essential (Rule 12.08) Santiago v. Rafanan, 440 SCRA 91 not applicable to preloiminary investigations)

Possible MCQs
1. Forum-shopping violates a lawyers duty (A) to be candid with the court (B) to be respectful to judicial officers to assist the court in the performance of its duties (D) to put an end to disputes. The use of strong, insulting language is a violation of the lawyers duty (A) to be candid with the court; (B) to be respectful to the court; to assist the court in the speedy administration of justice; (D) to avoid attributing false motives to the judge.

2.

4. Reliance on merits of case, not from improper influence upon the courts. (Canon 13) a. Shall not extend extraordinary attention or hospitality to judges. (Rule 13.01) (Erlinda Bildner v. Erlinda Ilusorio and Atty. Manuel Singson, G.R. No. 157384, June 5, 2009) b. Shall not make public statements in media tending to arouse public opinion for or against a party. (Rule 13.02) Re: Suspension of Atty. Bagabuyo, AC 608, Oct. 9, 2007 Foodsphere, Inc. v. Mauricio, AC 7199, July 22, 2009. c. Shall not invite interference by another branch of government in the normal course of judicial proceedings. (Rule 13.03)

D. Duties to the Client 1. A lawyer shall not refuse his services to the needy (Canon 14) a. Creation of lawyer-client relationship b. Lawyer shall not decline to represent a person solely on account of the latters race, sex, creed or status in life or because of his opinion regarding the guilt of said person (Rule 14.01) (Francisco v. Portugal, 484 SCRA 571) b. Not decline appointment as counsel de oficio or amicus curiae, or request of IBP to render free legal aid. (Rule 14.02) counsel de oficio lawyer appointed by the court to represent an indigent party; opposite of counsel de parte. amicus curiae friend of the court; appointed to advise the court in complex cases. amicus curiae par excellance the entire bar pro bono legal service without expecting payment

c. Valid grounds for refusing to represent indigent: i. No competence, ii. Conflict of interest. (Rule 14.03) b. Observance of same standard of con duct (Rule 14.04)

2. Candor, Fairness and Loyalty to client. (Canon 15)

a. In conferring with a prospective client, determine as soon as practicable the existence of a conflict of interest (Rule 15.01) i. Types of conflict of interest: Concurrent or multiple representation Sequential or successive representation

Possible MCQs

. Which of the following is not a valid test for determining conflict of interest? (A) the lawyer will be required to debate with himself; (B ) the lawyer will be required to reveal information received from a former client; the new case will be injurious to a former client; (D) acceptance of the new case will raise suspicion of disloyalty to a present client.

Possible MCQs

Atty. A successfully defended Mr. X in an ejectment case against him, by proving that Mr. X had title to the property he was occupying. Twelve years after, Mr. X, and Atty. A filed suit against his heirs , for the annulment of his title to the same property. Is Atty. A guilty of violating the rule on conflict of interest? (A) No, because his relationship with Mr. X terminated 12 years ago; (B) Yes, because his duty of loyalty to his client continues even after the death of the latter. (C) No, because the latter case is a question of ownership while the former one was a question of possession only; (D) No, because it does not involve violation of confidential information.

ii. Tests of conflict of interest:

(1) Whether a lawyer is duty bound to fight for an issue or claim in behalf of one client , and at the same time, to oppose that claim for another client; (2) Whether the acceptance of a new relation would prevent the full discharge of his duty of undivided loyalty to his client. (3) Whether the acceptance of a new relation would invite suspicion of unfaithfulness or double-dealing in the performance of his duty of fidelity and loyalty. (4) Whether in the acceptance of the new relation, he would be called upon to injure his former client on a matter that he has handled for him, or require him to reveal information that his former client has given to him.

b. A lawyer shall be bound by the rule on privileged communication in respect to matters disclosed to him by a prospective client (Rule 15.02) c. A lawyer shall not represent conflicting interests except by written consent of all concerned given after full disclosure of the facts (Rule 15.03) . Heirs of Falame v. Baguio, AC 6876, Mar. 7. 2006 Pacana v. Pascual-Lopez, AC 8243, JUly24, 2009 Gamilla v. Mario, A.C. 4763, March 20, 2003 Hornilla v. Salunat, A.C. 5804, July 1, 2003 Quiambao v. Bamba , A.C. 6708, August 28, 2005

d. A lawyer may act as mediator, conciliator or

arbitrator (Art. 15.04 ) e. Give a candid opinion on the merits and probable results (Art. 15.05) f. A lawyer shall not state that he can influence a court. (Art. 15.06) g. A lawyer shall impress on his client compliance with the law. (Art. 15.07) h. A lawyer shall make clear to client if he is acting as a lawyer or in another capacity (Art. 15.08)

3.A lawyer shall hold in trust all moneys and properties of his client that may come into his possession.(Canon 16) a. A lawyer shall account for all money or property collected or received for or received from the client (Rule 16.01) (Yuhico v. Guttierez, AC8391, Nov. 23, 2010 ; Tan v. Balon, AC 6483, Aug. 31, 2007)). i. Money given for a purpose must be used for such purpose; otherwise, returned to client immediately. ii. Failure to do so will raise presumption that lawyer misappropriated it. (De Chavez-Blanco v. Lumasag, Jr., AC 5195, Apr. 10, 2009) b. A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him. (Rule 16.02)

Possible MCQs

In an action for collection, Atty. Ben was successful in recovering P100,000 for his client Carlos. Of the said amount, he sent P50,000 to Carlos, with a note that he was applying the rest to his attorneys fees. Carlos objected that he never agreed to such a fee which he found to be exorbitant. Was Atty. Ben correct in applying the P50,000 to his fees (A) Yes, because that was part of his retaining lien. (B) Yes, because the Code of Professional Responsibility allows the lawyer to pay himself out of the funds of the client. No, because Atty. Ben was en titled on ly to a fee based on quantum meruit. (D) N0o, because he cannot apply his clients funds to his fee as long as the client is objecting to the amount thereof.

Possible MCQs
Atty. Dan asked his client for the sum of P50,000 to post as an injunction bond in the case he was handling. He was given said amount be he no longer deposited it in court because he found it unnecessary. So, he applied the said amount to his attorneys fees instead. Did he act correctly ? (A) No, because he received money for a purpose, and since he did not use it for such purpose, he should have returned it to the client. (B) Yes, because a lawyer is entitled to protection for his fees. Yes, because he is entitled to a retaining lien. (D) No, because he is entitled to recover his fees in the same action.

c. A lawyer shall deliver the funds and property of client upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. (Rule 16.03)
i. A Lawyer may not apply clients funds to his fees if client is still objecting to the amount thereof. (Genato v. Adaza, 328 SCRA 694; Lemoine v. Balon, 414 SCRA511). ii. A lawyer will not be ordered to return money given to him for facilitation fee. (Arellano University v. Mijares, AC 380, Nov. 30. 2009)

Possible MCQs
Atty. Velasco was given by his client the sum of P500,000.00 to settle a BIR claim for unpaid taxes in the amount of P5,000,000.00. He was also given another P500,000.00 for the boys. He failed to render any service. So, his client demanded the return of the P1,000,000 given to him. (A) He can be ordered to return the entire P`1,000,000.00 because he rendered no service. (B) He can be ordered to return P500,000 only for his fees, but not the P500,000 for the boys, which was clearly intended to be a bribe. He can be ordered to return the P500,000 for the boys fee, but not the P500,000 which was intended to be a settlement with the B IR. (D) He can be ordered to returmn the P500,000.00 for the boys fee, but not the other P500,000 which he can apply to his fees for other services in the past.

d. A lawyer shall not borrow money from his client unless the clients interests are fully protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to his client except, when in the interest of justice, he has to advance necessary expenses in a legal mater he is handling for the client. (Rule 16.04) (Wong v. Moya, AC 6972, 2008) i. Prohibition under Article 1491 of the Civil Code. Conditions: (a) Lawyer-client relationship; (b) Clients property involved in a litigation; (c) Lawyer is handling litigation for the client; (d) Litigation is still pending; (e) Lawyer acquires the property directly or indirectly:

Possible MCQs

Atty. Ernesto was retained by Evelyn to file a case for the recovery of her farm which was foreclosed by the PNB. For his services, Evelyn promised to pay Atty. Ernesto a contingent fee of 30% of the farm. Is this fee violative of Art. 1491 of the New Civil Code? (A) Yes, because Atty. Ernesto will acquire 30% of Evelyns farm. (B) No, because he will acquire the property only after the case Is terminated. No, because 30% is reasonable. (D) No, because the proposal came from Evelyn.

(1) includes mortgage or lease to lawyer or partnership or corporation owned by him. (2) includes acquisition of a right of redemption of clients property; (3) not violated by contingent fee contract; (4) void on ground of public policy; fraud is irrelevant.

4. A lawyer owes fidelity to the cause of his client and shall be mindful of the trust and confidence reposed in him (Canon 17). Belleza v. Macasa, AC 7815, July 23, 2009

5. A lawyer shall serve his client with competence and diligence (Canon 18).

Competence knowledge of the law. Diligence ordinary, not extraordinary; includes adequate preparation for trial (Rule 18.02). a. A lawyer shall not neglect a legal matter entrusted to him and his negligence will render him liable. (Rule 18.03) (Talento v. Paneda, AC 7433, Dec. 23, 2009) b. Shall not undertake a legal service that he knows or should know he is not qualified to render, unless his client consents to his obtaining a collaborating counsel. (Rule 18.01) c. Client shall keep the client informed of the status of his case and shall respond within reasonable time to his clients request for information. (Rule 18.04) (Solidon v. Macalalad, AC 8158, Feb. 124, 2010)

6. Representation with zeal within legal bounds (Canon 19). a. Lawyer shall employ only fair and honest means to obtain the goals of his client. (Rule 19.01) Briones v. Jimenez, AC 6691, April 17, 2007 Pea v. Aparicio, AC 7208, June 25, 2007. Rural Bank of Calape v. Florido, AC 5736, June 29, 2010) b. A lawyer shall call on his client to rectify a fraud on the tribunal, otherwise, terminate their relationship. (Rule 19.02) c. Should not allow his client to dictate the procedure in handling the case. (Rule 19.03)

Possible MCQs

Atty. Fred agreed to handle the registration of Garys land in Samar, and was paid P10,000 as acceptance fee. For six months thereafter, Atty. Fred did not take an y step to register the land, and neither did he reply to the letters of Gary. He was charged with negligence , and he answered that he had been waiting for Gary to end him some necessary documents. Can he be held liable for negligence? (A) No, because it was Garys fault in not sending the needed documents. (B) Yes, because the burden of keeping the client informed is the duty of the lawyer. No, because he was waiting for the documents to be sent by Gary to him. (D) No, because he sas waiting for Gary to write to him. .

Possible MCQs
Atty. Gregorio was retained by his friend Mario to settle the estate of his deceased father. Atty. Gregorio computed the estate tax to amount to P5 million. He advised Mario that the tax can be reduced to P1 million, if Mario can get a certification from a barangay chairman that the deceased had a family home in his barangay, and a certification from the local rural bank that the deceased owed it P3 million before he died. Was such advice proper? (A) No, because he owed Mario warm zeal within the bounds of the law. (B) Yes, because it was up to Mario to take it or not. No, because Mario is entitled to use any benefit provided by law. (D) Yes, because the estate tax is unreasonably high.

7. A lawyer shall charge only fair and reasonable fees (Canon 20) Factors in determining fees a. Time spent and extent of services required b. Novelty and difficulty of questions involved c. Importance of subject matter d. Skill demanded e. Losing other employment f. Customary charges g. Amount involved h. Contingency of compensation i. Character of employment j. Professional standing (Rule 20.1)
Law Firm of Tungol & Tibayan v. CA, GR 166298, July 9, 2008 Vinson Pineda v. Atty. De Jesus, GR 166224, August 23, 2006

Possible MCQs
1. A lawyers right to attorneys fees is based on: (A) a written contract between the lawyer and the client; (B) a lawyer-client relation authority of the client (D) lawyer-client relationship and services rendered. A lawyer is entitled to fees on the basis of quantum meruit in the following cases: (A) There is no agreement between him and the client as to his fees; (B) When the agreement for attorneys fees has been annulled by the court for being unconscionable; When the client terminated the lawyers services without cause; (D) When the lawyer and client mutually agreed to set aside their agreement for attorneys fees.

2.

Possible MCQs
3, A champertous agreement is an agreement where (A) the lawyers fee is payable upon rendition of judgment only; (B) the lawyers fee is cont9ngent on a favorab le judgment.; the lawyers fee is contingent on a favorable judgment qnd he agrees to agrees to advance the expenses of l9itigation; (D) the lawyers fee is contingent on a favorable judgment and he agrees to shoulder the expenses of litigation. 4. In fixing an attorneys fee, the rule on inverse proportion means: (A) the bigger the property involved, the bigger the fee; (B) the bigger the property involved, the percentage fee contingent on recovery becomes smaller.; the bigger the property involved, the smaller the fee; (D) the more valuable the property, the smaller the fee.

a. Acceptance fee - down payment on attorneys fees if he accepts to render service in the case. Should not be made a precondition to rendering such legal service (Ceniza v. Rubia, AC 6166, Oct. 2, 2009). b. Contingency fee arrangements contract between lawyer and client whereby the lawyer agrees to handle the clients case but his fee, usually a proportion of the funds or property that may be recovered, shall be contingent on his success in handling the case. Because he takes a risk in the payment of his fees, a larger amount is allowed. A contingent fee agreement is valid. A contingency fee arrangement is different from a champertous agreement where the lawyers fee is also contingent on his success in achieving the goal of his client, but with the additional stipulation that all expenses of the litigation will be shouldered by him. A champertous agreement is invalid.

c. Attorneys liens: Retaining lien a lawyer is allowed to retain possession of the monies properties and documents of his client until he is paid his fees. Requisites are: (1) lawyer obtained possession by virtue of a lawyer-client relationship, (2) lawyer has rendered services, (3) lawyer has not been paid. Retaining lien is a passive lien. There is no action required of the lawyer to take to establish the lien. If the documents are needed to be used as evidence, the lawyer may be ordered to give them to the client, provided the latter posts a bond for the attorneys fees. A retaining lien is lost once the lawyer loses possession. A retaining lien is a general lien. It can be exercised to enforce the payment of the lawyers fees in all the services he has rendered to the client.

Possible MCQs
1. The differences between a retaining lien and charging lien are: (A) a retaining lien is a passive lien while a charging lien is an active lien; (B) a retaining lien is a general lien while a charging lien is a special lien; a retaining lien does not depend on a money judgment while a charging lien depends on a judgment for a sum of money; (D) a retaining lien can be annotated on the clients title; a charging lien cannot. The differences between ordinary and extraordinary attorneys fees are: (A) Ordinary fees are payable to the lawyer; extraordinary fees to the client; (B) Ordinary fees comes from the client; extraordinary fees from the adverse party;

2.

Generally, an attorney is entitled to attorneys fees, a client is not. (D) Award for extraordinary fees has to be justified in the judgment; not so with award for ordinary attorneys fees. .

Charging lien the right of a lawyer to charge the judgment and all its executions for the payment of his fees. The charging lien is an active lien. The lawyer is required to file a motion in the case he is handling to charge the judgment with his fees. Copies of his motion should be furnished to his client and the adverse party, who will be obliged to pay his fees before paying his client. Necessarily a charging lien can be established only on a judgment for a sum of money. A charging lien is a special lien. It can be utilized only for the payment of the lawyers services in the case he is handling.

d. Fees and controversies with clients. 1. A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs, commission, interest, rebate of forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than the client. (Rule 20.03) (Spouses Rafols vs. Barrios, AC 4973, Mar 15, 2010)

2. Avoid controversies with clients concerning his compensation and resort to judicial action only to prevent imposition, injustice of fraud. (Rule 20.04) 3. May file petition for attorneys fees as an incident in the same action he is handling or in a separate civil case.

Possible MCQs
1. Why should a lawyer not accept compensation from any person other than his client, without the knowledge and consent of his client? (A) Because it might involve conflict of interest, (B) Because it may be taken as a sign of disloyalty, Because it violates his duty of candor to the client. (D) Because it violates his fiduciary duty. Why should a lawyer avoid suing his client for payment of hjs fees? (A) Because it will give him a bad reputation. (B) Because the practice of law is a profession. Because one should not bite the hand that feeds him. (D) Because the client might have a valid reason not to pay.,

2.

e. Concepts of attorneys fees. 1. Ordinary the fee that the client pays his counsel for the latters services. 2. Extraordinary - attorneys fees as an item of damages which the court may order a losing party to pay to the winning party. As a general rule, attorneys fees in the concept of damages is not recoverable- Public policy requires that no penalty be placed on the right to litigate. Exceptions are provided in Article 2208 of the Civil Code. Claim for attorneys fees must be pleaded.

8. Preservation of clients confidences a. General Rule: A lawyer shall preserve the confidence and secrets of the client even after the attorney-client relationship is terminated (Canon 21) . b. Exceptions (when allowed): a. When authorized by the client ; b. When authorized by law; c. When necessary to collect his fees or to defend himself. His employees and associates or by judicial action (Rule 21.01) d. Disclosure to partners or associates of the firm, unless prohibited by the client (Rule 21.04)

Possible MCQs
1.
In one consultation, Tomas admitted to his lawyer Atty. Perez, that he was the one who killed Salvador, for which Victor, another client of Atty. Perez, was being tried for murder. Can Atty. Perez reveal such information in defense of Victor? (A) Yes, if that is the only way of saving Victor from conviction. (B) No, because he is obliged to keep such information confidential. Yes, because a lawyer cannot be a party to a crime. (D) No, because Tomas is not being charged for the murder of Salvador. 2. A cousin of a lawyer told him once that he had an illegitimate child but has keot it a secret. After his cousins death, the lawyer wrote to the child and advised him to claim his inheritance from his cousins estate. Did the lawyer act correctly or not?

(A) No, because it violated his duty of confidentiality. (B) Yes, because the child is entitled to a legitime. No, because he did not use the information to his own advantage. (D) Yes, because the information was not intended to be confidential.

9. Withdrawal of services a. A lawyer may withdraw his services only for good cause and upon notice appropriate in the circumstances (Canon 22). b. Grounds for withdrawal: (1) client pursues am illegal or immoral course of conduct; (2) client insists that lawyer violate canons and rules; (3) inability to work with co-counsel to detriment of client; (4) mental or physical condition of lawyer makes it difficult for him to continue; (5) client deliberately fails to pay attorneys fees; (6) election or appointment to public office; (7) other similar cases (Rule 22.01)

Possible MCQs
1. Which of the following would not constitute a valid reason for a lawyer to withdraw from representing a client? (A) the lawyer has been stricken with cancer; (B) the client has been placed under guardianship; the lawyer has been elected mayor; (D) the client has maltreating his wife, the lawyers niece. In the course of a trial, a lawyers client died. What should the lawyer do? (A) continue appearing as counsel for the clients heirs. (B) notify the court of the death of the client and the names and addresses of his heirs; write to the heirs to hire another lawyer, (D) simply not appear in court anymore.

2.

3. SUSPENSION, DISBARMENT AND DISCIPLINE OF LAWYERS

a. Nature and characteristics of disciplinary actions against lawyers. (1) sui generis disciplinary proceedings are a class of their own, neither civil nor criminal, but an investigation into the character of a lawyer to determine his fitness to continue in the practice of law. They involve no private interest and afford no redress for private grievance. They are undertaken solely for public welfare. (2) prescription - the Statute of Limitations does not apply. Neither does prescription preclude disbarment proceedings. However, it ma indicate ulterior motive of the part of the complainant or innocence of the respondent.

Possible MCQs
A woman filed a disbarment case against a lawyer because they had an extramarital affair resulting in the birth of a child, but he left her afterwards, returned to his wife, and did not give support to their child. The Supreme Court suspended the lawyer for three years, but did not order support for the child. The woman filed a motion for reconsideration praying for support for her child. Should such motion be granted? (A) No, because the lawyer cannot afford to give support if he is already suspended. (B) No, because the lawyer should give preference to supporting his legitimate children. Yes, because the child is entitled to support. (D) No, because disbarment proceedings is sui generis.

b. Grounds: (1) Acts of misconduct before admission (Garrido v. Garrido, AC 6593, Feb. 4, 2010) (2) Acts of misconduct after admission; (1) Deceit (2) Malpractice (3) Gross misconduct in office (4) Conviction of a crime involving moral turpitude (5) Grossly immoral conduct (6) Violation of the lawyers oath (7) Willful disobedience of a lawful order of the court (8) Corruptly appearing for a party without authority (9) Solicitation of cases (Sec. 27, Rule 138) In general, loss of good moral character.

c. Proceedings: (1) initiated by the Supreme court motu propio or by the IBP, or upon verified complaint by any person filed with the Supreme Court or an IBP Chapter. . (2) if complaint prima facie meritorious, referred to the IBP, or the Solicitor General, any officer of the Court or a judge of a lower court. (3) IBP Board of Governors assigns complaint to Commission on Bar Discipline (CBD). (4) CBD will assign complaint to a Commissioner or group of Commissioners. (5) If complaint found meritorious, Commissioner(s) will require respondent to file an answer. (6) Commissioner will conduct hearing in which respondent is accorded due process.

Posssible MCQs
A verified complaint for disbarment was filed with the Supreme Court against a lawyer. The Supreme Court endorsed it to the IBP for investigation. Finding the complaint to be prima facie meritorious, the IBP required the lawyer to file an answer. He failed to do so. The IBP set the complaint for hearing three times, but the lawyer failed to appear. Can he be penalized for not answering and not appearing? (A) No, because the proceedings are sui generis and can proceed without him. (B) No, because it is his right to waive appearance. Yes, because his failure to appear shows a cavalier attitude. (D) Yes, because his failure to appear shows a lack of respect for legal processes.

(7) After hearing, Commissioner(s) will submit Report and Recommendation to IBP Board of Governors. (8) Board of Governors will render decision, either exonerating the respondent and dismissing the case, or imposing a sanction less than suspension, or recommending suspension or disbarment to the Supreme Court. Exoneration may be appealed by the complainant to the Supreme Court. Sanction of less than suspension or disbarment may be appealed by the respondent to the Supreme Court. Either one may file a motion for reconsideration with the IBP Board before appealing. (9) Supreme Court renders decision, by division if penalty is fine of P10,000 less and/or suspension for one year or less, and by the court en banc, if penalty is fine of more than P10,000.00 and/or suspension for more than one year, or disbarment.

d. Discipline of Filipino Lawyers Practice in Foreign Jurisdiction: (1) They may likewise be disciplined in the Philippines if their misconduct in the foreign jurisdiction also constitutes ground for discipline here. (2) But they are entitled to due process here, and the decision of the authorities abroad shall only be considered as prima facie evidence of misconduct.

4. Readmission to the Bar

a. Lawyers who were suspended: 1. After a finding that the respondent lawyer must be suspended from the practice of law, the Court shall render a decision imposing the penalty. 2. Unless the Court explicitly states that decision is immediately executory upon receipt thereof, the respondent has 15 days within which to file a motion for reconsideration thereof. Denial of the motion for reconsideration shall render the decision final and executory. 3. Upon expiration of the period of suspension, the respondent shall file a Sworn Statement with the Court through the Office of the Bar Confidant stating therein that he or she has desisted from the practice of law and has not appeared in any court during the period of his or her suspension.

4. Copies of the sworn statement shall be furnished the Local Chapter of the IBP and to the Executive Judge of the courts where he or she has pending cases and/or has appeared as counsel. 5. The Sworn Statement shall be considered as proof of respondents compliance with the order of suspension. 6. Any finding or report contrary to the statements made by the lawyer under oath shall be ground for imposition of a more severe punishment, or disbarment, as may be warranted. (Maniago vs. Atty. De Dios, A.C. No. 78472, March 30, 2010)

b. Lawyers who have been disbarred: The Supreme Court may reinstate a disbarred lawyer upon proof that he has regained his good moral character and can again be entrusted with the privileges of a lawyer.
c. Lawyers who have been repatriated: 1. Updating and payment in full of the annual membership dues in the IBP; 2. Payment of professional tax; 3. Completion of at least 36 credit hours of MCLE; 4. Retaking of the lawyers oath. (Petition for Leave to Resume Practice of Law, Benjamin M. Dacanay, 540 SCRA 424)

Possible MCQs

The Supreme Court found Atty. To be guilty of gross immorality and ordered his suspension for three years. He filed a motion for reconsideration, which is still pending resolution. In the meantime, can the lawyer still accept clients and appear in court on their behalf? (A) No, because the order of suspension is immediately executory. (B) Yes, because he is entitled to file a motion for reconsideration and it is only when such motion is denied that the order of execution becomes executory. No, because the lawyer should show respect to the Supreme Court. (D) Yes, because disbarment proceedings are confidential.

5. Mandatory Continuing Legal Education

a. Purpose: to ensure that members of the bar keep abreast with law and jurisprudence; maintain the ethics of the profession; and enhance the standards of the practice of law. b. Requirements: 36 hours of MCLE every three years: 6 hours for legal ethics, 4 hours to trial and pre-trial skills, 5 hours to alternative dispute resolution, 9 hours to updates in substantive and procedural laws, 4 hours to legal writing and oral advocacy , 2 hours to international law and international conventions, 6 hours to subject as may be prescribed by the MCLE committee. c. Compliance each member shall secure a Compliance Card before the end of his compliance period. Such card must be returned not later than the day after the end of his compliance period.

d. Exemptions: 1. President and Vice-President, Secretaries and Undersecretaries of Executive Departments, 2. Senators and Members of the House of Representatives, 3. Chief Justice and Associate Justices of the Supreme Court, incumbent and retired members of the judiciary, incumbent members of the Judicial and Bar Council, incumbent court lawyers covered by the Philippine Judicial Academy, 4. Chief State Counsel, Chief State Prosecutor, and Assistant Secretaries of the Department of Justice, 5. Solicitor General and Assistant Solicitor General, 6. Government Corporate Counsel, Deputy an Assistant Government Corporate Counsel, 7. Chairmen and Members of Constitutional Commissions.

8.

The Ombudsman, over-all Deputy Ombudsman, Deputy Ombudsman and Special Prosecutor of the Office of the Ombudsman, 9. Heads of government agencies exercising quasi-judicial functions, 10. Incumbent deans, bar reviewers and professors of law who have teaching experience for a lest ten years in accredited law schools. 11. The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lecturers of the Philippine Judicial Academy,

11. Governors and mayors, 12. Those who are not in law practice, private or public. 13. Those who have retired from law practice approved by the IBP Board of Governors. 14. Good cause.
e. Sanctions: 1. Non-compliance fee. 2. Non-compliance after 60 days for compliance, listed as delinquent member of the IBP.

6. NOTARIAL PRACTICE
a. Qualifications of Notary Public: 1. Citizen of the Philippines 2. Over 21 years of age 3. Resident of the Philippines for at least 1 year 4. Maintains a regular place of work In the city or province where the commission is to be issued, 5. Member of the Philippine bar in good standing 6. Has not been convicted in the first instance of a crime involving moral turpitude.

b. Term of office: two (2) years, commencing from the first day of January of the year in which the commission was issued. c. Powers and limitations: Powers Acknowledgments Oaths and affirmations Jurats Signature witnessing Copy certifications Any other act authorized by the Rules 1. Witnessing signing by thumbmark 2. Signing on behalf of disabled person.

Limitations: 1. A notary shall not perform a notarial act if the person involved as signatory of the instrument: (a) is not in the notarys presence personally at the time of notarization, (Heirs of Villanueva v. Beradio, AC 6270, Jasn 23, 2007) (b) is not personally known to the notary or identified through competent document of identity. (Gonzales v. Padiernos, AC 6713, Dec. 8, 2008) 2. A notary is disqualified from performing a notarial act if he: (a) is a party to the document or instrument to be notarized; (b) will receive as a direct or indirect result any advantage, right, title, interest, cash, property or other consideration; (c) is a spouse, common law partner, ancestor, descendant or relative by affinity or consanguinity of the principal within the fourth civil degree

3. A Notary public shall not perform a notarial act if (a) he knows or has good reason to believe that the transaction is unlawful or immoral, (b) the signatory shows a demeanor which engenders reasonable doubt as to the consequence of the transaction, (c) The signatory is not acting of his own free will. 4. A Notary Public shall not (a) execute a certificate containing information known or believed to be false, (b) affix an official signature or seal on a notarial certificate that is incomplete.

d. Notarial Register a permanently bound book containing a chronological record of notarial acts, with the following particulars: 1. Entry number 2. date and time of act, 3. type of notarial act, 4. type and description of instrument, 5. name and address of each principal, 6. name or address of each witness, 7. fee charged, 8. address where notarization was performed if not in regular place of work, 9. any other circumstance.

e. Jurisdiction of Notary Public and place of notarization: 1. Jurisdiction territorial jurisdiction of the commissioning court.(TanTiong Bio v. Gonzales, AC 6634, Aug. 23, 2007) 2. Place of notarization regular place of work, except: (a) public office, convention halls, and similar places where oaths of office may be administered, (b) public function areas in hotels and similar places for the signing of documents or instruments requiring notarization, (c) hospitals and other medical institutions where a party to an instrument is confined for treatment., (d) any place where a party to an instrument is under detention.

f. Revocation of Commission Executive judge may revoke commission: 1. For any ground for which an application for a commission may be denied; 2. Where the notary public (a) fails to keep a notarial register; (b) fails to make a proper entry in his notarial register; (c) fails to send a copy of his entries to the Executive within10 days of the following month; (d) fails to affix to acknowledgments date of expiration of his commission; (e) fails to submit his notarial register, when filled, to the Executive Judge; (f) fails to make his report to the Executive Judge within a reasonable time, concerning the performance of his duties, as may be required by the Judge

(g) fails to require the presence of a principal at the time of a notarial act; (h) fails to identify a principal on the basis of personal knowledge or competent evidence; (i) executes a false or incomplete certificate; (j) knowingly perform or fails to perform any other act prohibited or mandated by the Rules; (k) commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause for revocation of commission or imposition of administrative sanction.

g. Competent evidence of identity 1. at least one current identification document issued by an official agency bearing the photograph and signature of the individual; or

2. the oath or affirmation of one credible witness not privy of the instrument, document or transaction who is personally known to the notary public, or of two witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification.

h. Sanctions:
The Executive Judge shall cause the prosecution of any person who: (1) knowingly acts or impersonates a notary public; (2) knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a notary public, and (3) knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct. The Executive Judge concerned shall submit semestral reports to the Supreme Court on discipline and prosecution of notaries public.

B. JUDICIAL ETHICS
1. Sources: a. New Code of Judicial Conduct for the Philippine Judiciary (1) Promulgated April 27, 2004; effective June 1, 2004. (2) Based on the Bangalore Draft adopted by the Judicial Group on Strengthening Judicial Integrity, intended to be the Universal Declaration of Judicial Standards, as revised by the Round Table Conference of Chief Justices held at The Hague on November 2526, 2002. b. Code of Judicial Conduct. (1) Promulgated by the Supreme Court of the Philippines on September , 1989; effective October 20, 1989.

2. Qualities:
a. Independence pre-requisite for the rule of law and fundamental guarantee of a fair trial (Canon 1). (1) Covers individual and institutional independence of judges and the judiciary. Sec. 1 judges shall exercise functions on the basis of facts and law, independently, free from influence from any quarter. Go vs. CA, 206 SCRA 165 public opinion Ramirez v. Corpuz-Macandog, 144 SCRA 462 public official Sec. 2 judges shall be independent from judicial colleagues. Sec. 3 - judges shall refrain from influencing another court or administrative agency. Sabitsana v. Villamor,202 SCRA 405 pressuring MTC judge Sec. 4 - judicial prestige should not be used to advance private interests of others.

Sec. 5 judges shall be free from inappropriate connection with the executive and judicial branches.
Sec. 6 judges shall be independent in relation to society in general. Sec. 7 judges shall maintain and enhance institutional and operational independence of the judiciary. Sec. 8 - judges shall promote high standards of judicial conduct in order to promote public confidence in the judiciary which is fundamental to the maintenance of judicial independence.

b. Integrity essential in the official and personal demeanor of judges. (Canon 2)

Sec. 1 judges conduct should not only be above reproach but perceived to be above reproach. In the judiciary, moral integrity is more than a cardinal virtue. It is a necessity. (Fernandez v. Hamoy, 436 SCRA 186) Ignorance of the law is a mark of incompetence, and where the law involved is elementary, ignorance thereof is considered an indication of lack of integrity (Macalintal v. Teh, 280 SCRA 623) Sec. 2 - conduct of judges must reaffirm peoples faith in the integrity of the judiciary. Sec. 3 - judges should take appropriate disciplinary measures against lawyers and court personnel.

c. Impartiality essential to the proper discharge of the judicial office. (Canon 3)

Sec. 1 Judges shall perform duties without favor, bias or prejudice. Sec. 2 - Judges should ensure that their conduct maintains and enhances the confidence of the public in the impartiality of the judge and the judiciary. Pimentel v. Salanga, 21 SCRA 160 peoples faith in the judiciary Parayno v. Meneses, 231 SCRA 807 duty to sit Sec. 3 Judges shall conduct themselves so as to minimize occasions in which it will be necessary for them to be disqualified from hearing or deciding a case. Sec. 4 Judges shall not make any comment might be expected to influence the outcome of the proceeding before him.

Sec. 5 Judges shall disqualify themselves in any proceedings in which they are unable to decide the matter impartially or in which it may appear to a reasonable observer that they are unable to decide the matter impartially. (Ref. Sec. 1, Rule 137, Rules of Court) (a) The judge has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts. (b) The judge has previously served as a lawyer or was a material witness in the matter in controversy. (c) The judge or member of his 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 matter in controversy, or a former associate of the judge served as counsel during their association, or the judge or lawyer was a material witness therein.

(e) The judges ruling in a lower court is the subject of review. Sandoval v. CA, 260 SCRA 283 partial participation (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. Villaluz v. Mijares, 288 SCRA 594 petitioner is judges daughter (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. If the parties and lawyer, independently of the judges participation, all agree in writing that the reason for the inhibition is immaterial or unsubstantial, the judge may then participate in the proceedings. The agreement, signed by all the parties and lawyers, shall be incorporated in the record of the proceedings. Remittal of disqualification Code of Judicial conduct

d. Propriety essential to all activities of a judge. (Canon 4)

Sec. 1 Judges shall avoid impropriety and appearance of impropriety in all their activities. a. Acts not per se improper can be perceived by the larger community as such. b. Judge who heard case while on vacation and dressed only in a polo shirt (Liwanag v. Lusre, A.M> MTJ-08-98-1168, April 21, 1999); tasteless jokes in a wedding ceremony (Hadap v. Lee, 114 SCRA 559). Sec. 2 - Judges must accept personal restrictions that might be viewed as burdensome by ordinary citizens, and in particular conduct themselves in a way that is consistent with the dignity of the judicial office.

Sec. 3 In their relations with lawyers who practice regularly before their courts, judges shall avoid situations giving rise to suspicions or appearance of favoritism or partiality. Sec. 4 A judge shall not participate in determination of a case in which any member of their family represents a litigant or is in any manner associated with the case. Sec. 5 - A judge shall not allow the use of his residence by members of the legal profession to receive clients of the latter or of other members of the legal profession. Sec. 6 In exercising freedom of expression, belief, association and assembly, judges shall conduct themselves in such a manner as to preserve the dignity, impartiality and independence of the judicial office. Macias v. Arula, 115 SCRA 135 participating in a political rally In re Judge Acua, 464 SCRA 250 use of expletives

Sec. 7 Judges shall inform themselves about their personal fiduciary and financial interests and those of the members of their family. Sec. 8 Judges shall not use or lend the prestige of the judicial office to advance their private interests or those of a member of their family, or any one else. Vistan v. Nicolas, 201 SCR 524 filed complaint for estafa in his own sala and assisted in issuance of warrant of arrest. Dionisio v. Escao, 302 SCRA 411 posting notices for family restaurnt business in court bulletin board Sec. 9 Confidential information acquired by a judges in their official capacity shall not be used for any other purpose related to their judicial duties. Sec. 10 Judges may engage in activities that do not detract from the dignity of the judicial office or otherwise interfere with the performance of judicial duties. In re Designation of Judge Rodolfo Manzano, AM 88-7-861-RTC consitutional prohibition against designation of judges to agencies performing quasi-judicial or administrative functions.

Sec. 11 - Judges shall not practice law while the holder of judicial office. MTC judges as notaries public ex officio, may not notarize private documenrts, except (1) when no lawyers available in the municipality, and (2) notarial feees are paid to the governments account. Sec. 12 Judges may form or join associations of judges or participate in other organization representing the interests of judges. Sec. 13 Judges and members of their families shall neither ask for nor accept any gift, bequest, loan or favor in relation to anything done or to be done or entitled to be done by him in connection with the performance of his judicial duties.

Sec. 14. Judges shall not knowingly permit court staff or others subject to their influence, direction or authority, to ask for or accept any gift, bequest, loan or favor in relation to anything done or to be done or entitled to be done in connection with their duties and functions. Sec. 15. Subject to law and to any local requirements of public disclosure, judges may receive a token gift, award or benefit as appropriate to the occasion on which it is made, provided that such gift, award or benefit might not be reasonably perceived as intended to influence the judge in the performance of official duties or otherwise give rise to an appearance of partiality. Gifts from foreign sources governed by Sec. 7 (d) of R.A. 6713.

e. Equality - essential to the due performance of judicial duties. (Canon 5)

Sec. 1 Judges shall be aware of and understand diversity in society and differences arising from various sources.

a. Awareness of international instruments concerning equality of humn beings, and rights of women and children. b. Gender and Development Mainstreaming Plan for the Philippine Judicial System adopted on December 9, 2003. c. Judges should avoid first impressions, hasty conclusions and prejudgments. Sec. 2 Judges shall not in performance of judicial duties manifest bias or prejudice on irrelevant grounds. Sec.3 - Judges shall carry out judicial duties with appropriate consideration for all persons, without differentiation on any irrelevant ground. Sec. 4. Judges shall not permit court staff to differentiate between persons concerned in a matter before the judge on any irrelevant ground. Sec. 5 Judges shall require lawyers in proceedings before the court to refrain from manifesting bias or prejudice based on irrelevant grounds.

f. Competence and diligence prerequisite to the due performance of

judicial duties. (Canon 6) Sec. 1 Judicial duties of a judge shall take precedence over all other activities. Sec. 2 Judges shall devote their professional activity to judicial duties, which include other tasks relevant to the judicial office or the courts operations. Sec. 3 Judges shall take reasonable steps to maintain and enhance their knowledge, skill and personal qualities for the proper performance of judicial duties. Sec. 4 Judges shall keep themselves informed about relevant developments of international law, including international conventions and other instruments establishing human rights norms. Two general source of international law custom art and conventional norms.

Sec. 5 Judges shall perform all judicial duties, including the delivery of reserved decisions, efficiently, fairly and with reasonable promptness. Sec. 6. Judges shall maintain order and decorum in all proceedings before the court, and be patent, dignified and courteous in relation to litigants, witnesses, lawyers and others with whom the judge deals in an official capacity. Sec. 7 Judges shall not engage in conduct incompatible with the diligent discharge of judicial duties.

3. Discipline of Members of the judiciary

a. Members of the Supreme Court by impeachment only.
b. Lower court judges and justices by removal by the Supreme Court for grounds as may be provided by law.

c. Grounds: 1. Under Sec. 87 of the Judiciary Act of 1948 Serious misconduct and inefficiency. 2. Under Sections 8, 9 and 10 of Rule 140: serious, less serious and light charges. Serious: 1. Bribery, direct or indirect 2. Dishonesty and violations of the Anti-Graft Law (RA 3019) 3. Gross misconduct constituting violations of the Code of Judicial Conduct. 4. Knowingly rendering an unjust judgment or order. 5. Conviction of a crime involving moral turpitude

6. Willful failure to pay a just debt 7. Borrowing from lawyers and litigants in a case pending before the court 8. Immorality 9. Gross ignorance of the law or procedure 10. Partisan political activities 11. Alcoholism and/or vicious habits Less serious 1. Undue delay in rendering a decision or order. Or in transmitting the records of the court 2. Frequent and unjustified absences without leave or habitual tardiness

3. Unauthorized practice of law 4. Violation of Supreme Court rules, directives, and circulars 5. Receiving additional or double compensation unless specifically authorized by law. 6. Untruthful statements in the certificate of service, and 7. Simple misconduct Light 1. Vulgar and unbecoming conduct 2. Gambling in public 3. Fraternizing with lawyers and litigants with pending cases in court 4. Undue delay in the submission of monthly reports.

d. Impeachment:
Grounds: Culpable Violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of the public trust. Procedure: (1) A verified complaint for impeachment may be filed by any member of the House of Representatives or by any citizen upon a resolution of endorsement by any member thereof. (2) The complaint is referred to the proper committee, and after hearing and a majority vote of it member, the committee shall submit its report to the House.

(3) A vote of at least one-third of all the members of the house shall be necessary either to affirm a favorable resolution of the committee with the articles of impeachment, or override its contrary resolution. (4) The Senate shall have the sole power to try and decide all cases of impeachment while sitting for that purpose. (5) No person shall be convicted without the concurrence of two thirds of all the members of the Senate. (6) Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines. But the party convicted shall be liable and subject to prosecution, trial and punishment according to law. (Secs. 2, 3, 6 and 7, Article XI, 1987 Constitution)

e. Sanctions imposed by the Supreme Court on erring members of the Judiciary.

1. If the judge is guilty of a serious charge: (a) dismissal from the service, (b) forfeiture of all or part of the benefits as the Court may determine, except accrued leave benefits; (c) disqualification from reinstatement or appointment to any public office, including government owned or controlled corporation, (d) Suspension from office without salary and other benefits for more than 3 but not exceeding 6 months. and (e) A fine of more than P20,000.00 but not exceeding P40,000.00.

2. If the judge is guilty of a less serious charge: (a) Suspension from office without salary and other benefits for not less than 1 nor more than 3 months, or (b) A fine of more than P10,000.00 but no exceeding P20,000.00. 3. If the judge is guilty of a light charge: (a) A fine of not less than P1,000.00 but not exceeding P10,000.00, and/or (b) Censure, (c) Reprimand, (d) Admonition with warning.