LIBERTAS ET IUSTICIA

2015 LEGAL AND JUDICIAL ETHICS

What is legal ethics?
It is a branch of moral science which treats of the duties which an attorney owes to the court, to his client,
to his colleagues in the profession and to the public as embodied in the Constitution, Rules of Court, the
Code of Professional Responsibility, Canons of Professional Ethics, jurisprudence, moral, laws and
special laws.
What constitutes practice of law?
Practice of law means any activity, in or out of court, which requires the application of law, legal
procedure, knowledge, training, and experience. The following acts constitute practice of law:
a. Giving of advice or rendering any kind of service that involves legal knowledge.
b. Appearance in court and conduct of cases in court.
c. Preparation of pleadings and other papers incident to actions as well as drawing of deeds and
instruments of conveyance.
Distinguish attorney-at-law from attorney in fact.
Attorney-at-law pertains to a class of persons who are licensed officers of the court empowered to
appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are
developed by law as consequence. An Attorney in fact simply pertains to an agent whose authority is
strictly limited by the instrument appointing him. His authority is provided in a special power of attorney
or general power of attorney or letter of attorney. He is not necessarily a lawyer.
Who is a counsel/attorney de officio?
A counsel/attorney de officio is an attorney appointed by the court to defend an indigent defendant in a
criminal action.
Who is an amicus curiae?
An amicus curiae is an experienced and impartial attorney invited by the court to appear and help in the
disposition of the issues submitted to it. An amicus curiae appears in court not to represent any particular
party but only to assist the court. (plural: Amici Curiae)
Who is an Of Counsel?
He is an experienced lawyer, usually a retired member of the judiciary, employed by law firms as
consultants.
What are the requisites if a clerk of court wishes to practice law?
1. Written permission which must be approved by the Supreme Court; and
2. Approved leave of absence with justifiable reasons
Can the legislature enact laws to regulate the practice of the law?
No. It is noteworthy that unlike the 1935 and 1973 Constitution, the 1987 Constitution no longer provides
for the power of the legislature to repeal, alter and supplement the Rules promulgated by the Supreme
Court.

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Nam omnia praeclara tam difficilia quam rara sunt

For all that is excellent and eminent is as difficult as it is rare
-Spinoza on Ethics

However, the legislature, in the exercise of police power may enact laws regulating the practice of law to
protect the public and promote public welfare.
Is the requirement of good moral character a continuing requirement?
Yes. Well-settled is the rule that good moral character is not only a condition precedent for admission to
the legal profession, but it must also remain intact in order to maintain ones good standing in that
exclusive and honored fraternity.
The requirement of good moral character has four general purposes, namely:
1. To protect the public
2. To protect the public image of lawyers
3. To protect prospective clients
4. To protect errant lawyers from themselves.
Distinguish Ambulance Chasing from Barratry
Ambulance chasing is any act of improper solicitation of cases such as fomenting litigation or instigating
unnecessary lawsuits. It is the practice of lawyers in frequenting hospitals and homes of the injured in
order to convince them to go to court. Barratry is an offense of exciting or stirring up suits and quarrels.
Both are improper and unethical acts of a lawyer. Ambulance chasing refers more to a lawyer who
instigates a victim in a motor vehicle accident to file a case. Barratry is any form of fomenting suit.
Under the Code of Professional Responsibility what is the principal obligation of a lawyer towards
the development of the legal system?
A lawyer shall participate in the improvement of the legal system by initiating or supporting efforts in law
reform and in the administration of justice (Canon 4, Code of Professional Responsibility). He shall keep
abreast of legal developments; participate in continuing legal education programs, support efforts to
achieve high standards in law school as well as in the practical training of law students and assist in
disseminating information regarding the law and jurisprudence. (Canon 5, Code of Professional
Responsibility)
Under the Code of Professional Responsibility, what is the principal obligation of a lawyer towards:
the legal profession and the Integrated Bar?
A lawyer shall at all times uphold the integrity and dignity of the legal profession, and support the
activities of the integrated bar. (Canon 7, Code of Professional Responsibility)
Under the Code of Professional Responsibility, what is the principal obligation of a lawyer towards
his professional colleagues?
A lawyer shall conduct himself with courtesy, fairness and candor towards his professional colleagues,
and shall avoid harassing tactics against opposing counsel. (Canon 8, Code of Professional
Responsibility)
A Complaint was filed against Atty. M of the Public Attorneys Office (PAO). One of the charges
against Atty. M which she admitted is telling her clients Iyak-iyakan lang ninyo si Judge M at

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palalayain na kayo. Malambot ang puso noon. Did she violate the Code of Professional
Responsibility?
Yes. Atty. M made irresponsible advices to her clients in violation of Rule 1.02 and Rule 15.07 of the
Code of Professional Responsibility. It is the mandate of Rule 1.02 that a lawyer shall not counsel or
abet activities aimed at defiance of the law or at lessening confidence in the legal system. Rule 15.07
states that a lawyer shall impress upon his client compliance with the laws and the principles of
fairness. However, while her remark was inappropriate and unbecoming, her comment was not
disparaging and reproachful so as to cause dishonor and disgrace to the Judiciary. Thus, she was only
reprimanded and sternly warned.
When is public comment and criticism of a court decision permissible and when would it be
improper?
A lawyer, like every citizen, enjoys the right to comment on and criticize the decision of the court. As an
officer of the court, a lawyer is expected not only to exercise that right but also to consider it his duty to
expose the shortcomings and indiscretion of courts and judges. But such right is subject to the limitation
that it shall be bona fide. It is proper to criticize the court and judges, but it is improper to subject them to
abuse and slander, degrade them or destroy public confidence in them. Moreover, a lawyer shall not
attribute to a judge motive not supported by the record or have no materiality in the case (Rule 11.04,
Code of Professional Responsibility).
Under the Code of Professional Responsibility, what is the principal obligation of a lawyer towards
the administration of justice?
A lawyer shall not exert every effort and consider his duty to assist in the speedy and efficient
administration of justice.(Canon 12, Code of Professional Responsibility)
When may refusal of a counsel to act as counsel de oficio be justified on grounds aside from reasons
of health, extensive travel abroad, or similar reasons of urgency? Support your answer.
Other justified grounds for refusal to act as counsel de oficio are:
1. Too many de oficio cases assigned to the lawyer (People v. Daeng, 49 SCRA 222);
2. Conflict of interest (Rule 14.03, CPR);
3. Lawyer is not in a position to carry out the work effectively or competently (supra);
4. Lawyer is prohibited from practicing law by reason of his public office which prohibits appearances
in court; and
5. Lawyer is preoccupied with too many cases which will spell prejudice to the new clients
What is a lawyers duty if he finds that he cannot honestly put up a valid or meritorious defense but
his client insists that he litigate? Explain.
It depends, if it is a criminal case, he may not decline to represent the accused solely on his opinion
regarding the guilt of said person (Rule 14.01, Code of Professional Responsibility). The Supreme Court
has held that a counsel de officio has the duty to defend his client no matter how guilty he perceives him
to be {People v. Nadera, Jr.,324 SCRA 490(2002)}. But if the case is a civil case, he should decline to
accept the same. In a civil action, the rules and ethics of the profession enjoin a lawyer from taking a bad
case. The Attorneys signature in every pleading constitutes a certification that there is good cause to
support it and that it is not interposed for delay. It is the Attorneys duty to counsel or maintain such

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For all that is excellent and eminent is as difficult as it is rare
-Spinoza on Ethics

actions or proceedings only as appear to him to be just and such defenses only as he believes to be
honestly debatable under the law.
May a lawyer decline as appointment by the court as counsel de oficio for an accused because he
believes, and is fully convinced that the accused is guilty of the crime charged? Will your answer be
different if the legal aid is requested in a civil case?
A lawyer may not decline an appointment as counsel de oficio even if he is convinced that the accused is
guilty. It is his obligation to at least protect his rights. He might even have him acquitted or at least reduce
his penalty depending on the evidence presented during the trial.
My answer will not be exactly the same, because in a civil case, the lawyer can also decline if he believes
the action or defense to be unmeritorious. He is ethically bound to maintain only actions and proceedings
which appear to him to be just and only such defenses which he believes to be honestly debatable under
the law.
Under the Code of Professional Responsibility, what is the principal obligation of a lawyer towards
his client?
A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his client.
(Canon 15, Code of Professional Responsibility)
Explain your understanding of Conflict of Interest under the Code of professional Responsibility.
A lawyer is prohibited from representing conflicting interest. There is conflict of interests within the
context of the rule when, on behalf of client, it is the lawyers duty to contented for that which his duty to
another client requires him to oppose. Another test is weather the acceptance of a charging fully his duty
of undivided fidelity and loyalty to another client or invite suspicion of unfaithfulness or double-dealing
in the performance thereof. It is improper for a lawyer to appear as counsel for one party against his
present client even in a totally unrelated case. With regard to former client, the traditional rule is to
distinguish between related and unrelated cases. A lawyer may not represent a subsequent client against
former client in a controversy that is related, directly or indirectly, to the subject matter of the previous
litigation in which he appeared for the former client, otherwise, he may.
Atty. B acted as counsel for C in a civil case. He also acted as counsel for D against C in another
civil case. When D lost his case against C, he filed an administrative complaint against Atty. B for
conflict of interest. Decide.
If the case of C in the first case is entirely different and not related with the case of D against C, there is
no conflict of interest. If the two cases however are related wherein the attorney has knowledge of the
evidence of C then there is conflict of interest. Rule 15.01 provides that: A lawyer in conferring with a
prospective client shall ascertain as soon as practicable whether the matter would involve a conflict with
another client or his own interest, and if so, shall forthwith inform the prospective client. Rule 15.03
further provides that: A lawyer shall not represent conflicting interest except by written consent of all
concerned given after a full disclosure of the facts.
A lawyer charged his client P10, 000.00 for filing fees pertaining to the complaint he filed in court.
He actually spent only P1, 000.00. He did not account the balance. May his client charge him for
misconduct as a member of the Philippine bar? Explain your answer.

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The client may charge his lawyer with misconduct for not accounting for the balance on P9, 000.00. it is
well settled that where the client gives his lawyer money for a specific purpose, such as to pay the docket
fees for the filling of an action in court, so much of the money not used for the purpose belongs to the
client and the lawyer holds in it trust for him. And it is the lawyers duty to promptly account for all
money received from his client. For this reason, the lawyers failure to account for the balance of the
money not spent for filling fees will render him liable for misappropriation, which is a ground for
disbarment.
What should a lawyer, generally obligated by law to accept a retainer, do if he knows or should
know that he is not qualified to render the legal service required? Explain.
A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to
render. However, he may render such service if, with the consent of his client, he can obtain as
collaborating counsel a lawyer who is competent on the matter. (Rule 18.0, Code of Professional
Conduct)
On account of his mistake, is counsel liable to his client for damages? Explain.
A lawyer shall not neglect a legal matter entrusted to him and his negligence in connection therewith shall
make him liable (Rule 18.03, Code of Professional Responsibility). A client who suffers prejudice by
reason of his counsels inexcusable negligence in the discharge of his duty may file an action for damages
against him. However, there must be a showing that had the lawyer exercise due diligence, the client
under the facts and the law would have succeeded in recovering from the adverse party on in resisting the
claim of the latter.
What is your understanding of quantum meruit as attorneys fees?
Quantum meruit literally means as such as he deserve. It is a measure for the lawyers fees in the
absence of a contract, or when the fees stipulated in a contract are found unconscionable, or when the
lawyers services are terminated for a cause. The lawyer is entitled to receive what he merits for his
services, as much as he has earned. The factors to be taken into consideration are enumerated in Rule 22
of the Code of Professional responsibility.
When is recovery of attorneys fees based on quantum meruit allowed?
1. There is no express contract for payment of attorneys fees agreed upon between the lawyer in the
client;
2. When although there is a formal contract for attorneys fees, the fees stipulated are found
unconscionable or unreasonable by the court; and
3. When the contract for attorneys fees is void due to purely formal defects of execution;
4. When the counsel, for justifiable cause, was not able to finish the case to its conclusion;
5. When lawyer and client disregard the contract for attorneys fees.
What is Assumpsit and when is it proper?
Assumpsit is an action in common law for the recovery of damages for the non-performance of a parol or
simple contract, (Bouviers Law Dictionary, Vol. 1, pp. 269-270). The term has been used in relation to
the collection of attorneys fees on a quantum meruit basis. Where the lawyer has been employed without
a contract for his compensation, he is entitled to recover an amount his services merit, on the basis of an

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Nam omnia praeclara tam difficilia quam rara sunt

For all that is excellent and eminent is as difficult as it is rare
-Spinoza on Ethics

implied promise by the client to pay for such services. This has been referred to as assumpsit on quantum
meruit
Cite at least five (5) valid reasons under any of which a lawyer may be allowed to withdraw from a
case even without her clients consent.
1. When the client pursues an illegal or immoral course of conduct in connection with the matters he
(the lawyer) is handling.
2. When the client insists that the lawyer pursue conduct violative of these canons and rules.
3. When his inability to work with co-counsel will not promote the best interest of the client.
4. When the mental or physical condition of the lawyer renders it difficult for him to carry out the
employment effectively.
5. When the lawyer is elected or appointed to a public office.
6. Other similar cases. (Rule 22.01, Code of Professional Responsibility).
A disbarment case was filed by Q against her lawyer Atty. R. During the pendency of the
proceedings, Q withdrew the disbarment case. Will it result to the termination of the disbarment
proceeding?
The withdrawal of a disbarment case against a lawyer does not terminate or abate the jurisdiction of
the IBP and of this Court to continue an administrative proceeding against a lawyer-respondent as a
member of the Philippine Bar. The complainant in a disbarment case is not a direct party to the case, but a
witness who brought the matter to the attention of the Court.
Complainants who are members of the CV Homeowners Association, Inc. filed a Complaint for
Disbarment against Atty. J for violating the Code of Professional Responsibility for his negligence
in handling an appeal in a case involving the Association and willful violation of his duties as an
officer of the court. Atty. J alleged that CV Homeowners does not have the personality to file the
complaint. Is Atty. J correct?
No. In Heck v. Judge Santos, the Court held that [a]ny interested person or the court motu proprio may
initiate disciplinary proceedings. The right to institute disbarment proceedings is not confined to clients
nor is it necessary that the person complaining suffered injury from the alleged wrongdoing. The
procedural requirement observed in ordinary civil proceedings that only the real party-in-interest must
initiate the suit does not apply in disbarment cases. Disbarment proceedings are matters of public interest
and the only basis for the judgment is the proof or failure of proof of the charges.
Atty. N. had an extramarital affair with O, a married woman, as a result of which they begot a
child P and undertook to support him. On the basis of the admission, is Atty. N. subject to
disciplinary action by the Supreme Court? Why?
In the case of Tucay v. Tucay, 318 SCRA 229 (1999), the Supreme Court held that the finding that a
lawyer had been carrying on an illicit affair with a married woman is a grossly immoral conduct and
only indicative of an extremely low regard for the fundamental ethics of his profession.
H filed a complaint against Atty. E for violation of the Lawyers Oath due to the latters failure to
pay a loan and for issuance of worthless. Can Atty. E be held liable for such acts?
Yes. Atty. E was found guilty of gross misconduct. The deliberate failure to pay just debts and the
issuance of worthless checks constitute gross misconduct, for which a lawyer may be sanctioned. Verily,

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lawyers must at all times faithfully perform their duties to society, to the bar, to the courts and to their
clients. The prompt payment of financial obligations is one of the duties of a lawyer. The fact that Atty. E
obtained the loan and issued the worthless checks in her private capacity and not as an attorney of
H is of no moment. A lawyer may be disciplined not only for malpractice and dishonesty in his
profession but also for gross misconduct outside of his professional capacity. While the Court may not
ordinarily discipline a lawyer for misconduct committed in his non-professional or private capacity, the
Court may be justified in suspending or removing him as an attorney where his misconduct outside of the
lawyer professional dealings is so gross in character as to show him morally unfit and unworthy of the
privilege which his licenses and the law confer. Thus, Atty. E was suspended from the practice of law for
two (2) years.
A disbarment case was filed against defense counsel Atty. F in connection with the Maguindanao
Massacre case. The disbarment case was publicized X, Y and Z. Atty. F then filed a petition for
contempt against X, Y and Z for publicizing the disbarment case against him in media. Is he
correct?
Section 18, Rule 139-B of the Rules of Court states that proceedings against attorneys shall be private
and confidential. However, the final order of the Supreme Court shall be published like its decisions in
other cases. The purpose of the rule is not only to enable the Court to make its investigations free from
any extraneous influence or interference, but also to protect the personal and professional reputation of
attorneys and judges from the baseless charges of disgruntled, vindictive, and irresponsible clients and
litigants; it is also to deter the press from publishing administrative cases or portions thereto without
authority. Malicious and unauthorized publication or verbatim reproduction of administrative complaints
against lawyers in newspapers by editors and/or reporters may be actionable. Such premature publication
constitutes a contempt of court, punishable by either a fine or imprisonment or both at the discretion of
the Court.
However, Section 18, Rule 139-B of the Rules of Court is not a restriction on the freedom of the press. If
there is a legitimate public interest, media is not prohibited from making a fair, true, and accurate news
report of a disbarment complaint. In the absence of a legitimate public interest in a disbarment
complaint, members of the media must preserve the confidentiality of disbarment proceedings
during its pendency.
In this case, the filing of a disbarment complaint against Atty. Fortun is itself a matter of public concern
considering that it arose from the Maguindanao Massacre case. The interest of the public is not on Atty. F
himself but primarily on his involvement and participation as defense counsel in the Maguindanao
Massacre case. Thus, since the disbarment complaint is a matter of public interest, media had a right to
publish such fact under freedom of the press.
A disbarment case was filed against Atty. Y for acts he committed in 1987. He raised prescription
as defense. Is he correct?
The defense of prescription is untenable. The Court has held that administrative cases against lawyers do
not prescribe. The lapse of considerable time from the commission of the offending act to the institution
of the administrative complaint will not erase the administrative culpability of a lawyer. Otherwise,
members of the bar would only be emboldened to disregard the very oath they took as lawyers,
prescinding from the fact that as long as no private complainant would immediately come forward, they
stand a chance of being completely exonerated from whatever administrative liability they ought to
answer for.

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Nam omnia praeclara tam difficilia quam rara sunt

For all that is excellent and eminent is as difficult as it is rare
-Spinoza on Ethics

As a rule, why should an attorney not testify as a witness for his client?
The underlying reason for the impropriety of a lawyer acting in such dual capacity lies in the difference
between the function of a witness and that of an advocate. The function of a witness is to tell the facts as
he recalls them in answer to questions. The function of an advocate is that of a partisan. It is difficult to
distinguish between the zeal of an advocate and the fairness and impartiality of a disinterested witness.
The lawyer will find it hard to disassociate his relation to his client as an attorney and his relation to the
party as a witness.
What is a champertous contract?
A champertous contract is one where the lawyer agrees to conduct litigation on his own account and to
pay the expenses thereof, and to receive as his fee a portion of the proceeds of judgment. It is contrary to
public policy and invalid because it violates the fiduciary relationship between the lawyer and his client
(Bautista v Gonzales, 182 SCRA 151 [1990]). In effect, he is investing in the case with the expectation of
making profit. The practice of law is a profession and not a business venture.
Distinguish between a champertous contract and a contingent fee contract.
A contingent fee contract is an agreement in which the lawyers fee, usually a fixed percentage of what
may be recovered in the action, is made to depend upon the success in the effort to enforce or defend the
clients right. It is a valid agreement. It is different from a champertous contract in that the lawyer does
not undertake to shoulder the expenses of litigation.
Distinguish between a retaining lien from a charging lien.
Retaining lien is the right of an attorney to retain possession of a clients document, money or other
property which comes into the hands of the attorney professionally, until the general balance due him for
professional services is paid.
Charging lien is the equitable right of the attorney to have the fees due him for services in a particular
suit secured by the judgment or recovery in a suit. It rests not upon possession as is the case of the
retaining lien, but upon equity of an attorney to pay his services out of the judgment which he has
obtained. The charging lien can be effectively entered before judgment is rendered though it can be
enforced only after judgment is secured.
Distinguish between (A) general retainer, (B) retaining fee, and (C) special retainer
(A) General Retainer is a contract of employment between attorney and client whereby the client
secures beforehand the services of an attorney for any legal problem that might later arise.
(B) Retaining fee is the consideration a client pays a lawyer upon engaging his services.
(C) Special retainer is a contract of employment between the client and attorney for a particular case or
service.
How much compensation is a lawyer, acting in any of the aforesaid capacities, entitled to? Discuss.
1. The counsel de parte is entitled to a reasonable attorneys fees agreed upon or in the absence thereof,
on quantum meruit basis.
2. The counsel de officio is not entitled to collect attorneys fees from the client. He may collect from
government funds if available based on amount fixed by the court.

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3. The amicus curiae is not entitled to attorneys fees. He is only requested to assist the court in deciding
a case properly, especially in a difficult question of law.
Spouses C hired Atty. L on a contingency basis. They agreed to pay 2,000.00 as attorneys fees
and one-half of the subject lot should the case be decided in their favor. Is the agreement valid?
The agreement is void. The agreement is champertous and is contrary to public policy. Any agreement by
a lawyer to conduct the litigation in his own account, to pay the expenses thereof or to save his client
therefrom and to receive as his fee a portion of the proceeds of the judgment is obnoxious to the law.
The rule of the profession that forbids a lawyer from contracting with his client for part of the thing in
litigation in exchange for conducting the case at the lawyers expense is designed to prevent the lawyer
from acquiring an interest between him and his client.
What qualities should an ideal judge possess under the New Code of Judicial Conduct for the
Philippine Judiciary?
The qualities required of judges by the New Code of Judicial Conduct for the Philippine Judiciary are
Independence (Canon 1), Integrity (Canon 2), Impartiality (Canon 3), Propriety (Canon 4), Equality
(Canon 5), and Competence and Diligence (Canon 6).
A judge, in order to ease his clogged docket, would exert efforts to compel the accused in criminal
cases to plead guilty to lesser offense and advise party litigants in civil cases whose positions appear
weak, to accept the compromise offered by opposing party. Is the practice legally acceptable?
The practice is legally acceptable as long as the Judge does not exert pressure on the parties and takes
care that he does not appear to have prejudged the case. Where a judge has told the party that his case is
weak before the latter was fully heard, such was considered as a ground for his disqualification (Castillo
v. Juan, 62 SCRA 124).
The Code of Professional Responsibility is to lawyers, as the Code of Judicial Conduct is to
members of the bench. How would you characterize the relationship between a judge and a lawyer?
Explain.
The Code of Professional Responsibility requires lawyers to observed and maintain respect for the
Judicial Officers (Canon 11). On the other hand, the Code of Judicial Conduct requires judges to be
patient, attentive and courteous to lawyers (Rule 3.03). In a word, lawyers and judges owe each other
mutual respect and courtesy.
Define moral turpitude.
Moral turpitude imports an act of baseness, vileness or depravity in the duties which one person owes to
another or to society in general which is contrary to the usual accepted and customary rule of right and
duty which a person should follow. The question as to whether an offense involves moral turpitude is for
the Supreme Court to decide.
X filed an administrative case against Judge As alleged partiality. What is the quamtum of proof
required to prove an allegation of bias and prejudice?
Bias and prejudice cannot be presumed, in light especially of a judges sacred obligation under his oath
of office to administer justice without respect to the person, and to give equal right to the poor and rich.

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For all that is excellent and eminent is as difficult as it is rare
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There should be clear and convincing evidence to prove the charge; mere suspicion of partiality is not
enough.
An administrative complaint was filed against Judge A for impropriety for posting her details as
judge in Facebook and posting a picture with an indecent attire for the publics consumption. Can
Judge A be held administratively liable for such acts?
She was guilty of impropriety. While judges are not prohibited from becoming members of and from
taking part in social networking activities, they do not shed off their status as judges. They carry with
them in cyberspace the same ethical responsibilities and duties that every judge is expected to
follow in his/her everyday activities. Judge Austria was guilty of impropriety when she posted her
pictures in a manner viewable by the public. Joining Facebook per se does not violate the New Code of
Judicial Conduct. However, Judge A disregarded the propriety and appearance of propriety required of
her when she posted Facebook photos of herself wearing an off-shouldered suggestive dress and made
this available for public viewing.
An administrative complaint was filed against Judge B for fixing the bail of an accused charged
with Qualified Trafficking, which under Section 10 (C) of R.A. No. 9208 is punishable by life
imprisonment and a fine of not less than P2,000,000 but not more than P5,000,000 and reducing the
same motu proprio. Is Judge B liable for gross ignorance of the law?
Yes. By reason of the penalty prescribed by law, the grant of bail is a matter of discretion which can be
exercised only by Judge B after the evidence is submitted in a hearing. The hearing of the application for
bail in capital offenses is absolutely indispensable before a judge can properly determine whether the
prosecutions evidence is weak or strong. The Supreme Court held that not only did Judge B deviate from
the requirement of a hearing where there is an application for bail, he also granted bail to M without
neither conducting a hearing nor a motion for application for bail. Judge Bs acts are not mere deficiency
in prudence, discretion and judgment on his part, but a patent disregard of well-known rules. When an
error is so gross and patent, such error produces an inference of bad faith, making the judge liable for
gross ignorance of the law.
State the guidelines in resolving requests for judicial clemency.
1. There must be proof of remorse and reformation. These shall include but should not be limited to
certifications or testimonials of the officer(s) or chapter(s) of the Integrated Bar of the Philippines,
judges or judges associations and prominent members of the community with proven integrity and
probity. A subsequent finding of guilt in an administrative case for the same or similar misconduct
will give rise to a strong presumption of non-reformation.
2. Sufficient time must have lapsed from the imposition of the penalty to ensure a period of reform.
3. The age of the person asking for clemency must show that he still has productive years ahead of him
that can be put to good use by giving him a chance to redeem himself.
4. There must be a showing of promise (such as intellectual aptitude, learning or legal acumen or
contribution to legal scholarship and the development of the legal system or administrative and other
relevant skills), as well as potential for public service.
5. There must be other relevant factors and circumstances that may justify clemency.
Moreover, to be reinstated to the practice of law, the applicant must, like any other candidate for
admission to the bar, satisfy the Court that he is a person of good moral character.

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