Legal and Judicial Ethics Midterms Transcript 20131
Legal and Judicial Ethics Midterms Transcript 20131
Legal and Judicial Ethics Midterms Transcript 20131
JUDICIAL ETHICS
A.M. No. 03-05-01-SC Adopting the NEW CODE OF JUDICIAL CONDUCT for
the Philippine Judiciary - Took effect June 1, 2004
Definition of Terms
Ethics the discipline dealing with what is good and bad, or right and
wrong.
xxx (4 whereas)
WHEREAS, the adoption of the universal declaration of standards for
ethical conduct of judges embodied in the Bangalore Draft as revised at
the Round Table Conference of Chief Justices at The Hague is imperative
not only to update and correlate the Code of Judicial Conduct and the
Canons of Judicial Ethics adopted for the Philippines, but also to stress
the Philippines solidarity with the universal clamor for a universal code
of judicial ethics.
Xxx
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several amendments;
WHEREAS, the Bangalore Draft, as amended, is intended to be the
Universal Declaration of Judicial Standards applicable in all judiciaries;
WHEREAS, the Bangalore Draft is founded upon a universal recognition
that a competent, independent and impartial judiciary is essential if the
courts are to fulfill their role in upholding constitutionalism and the rule of
law; that public confidence in the judicial system and in the moral authority
and integrity of the judiciary is of utmost importance in a modern
democratic society; and that it is essential that judges, individually and
collectively, respect and honor judicial office as a public trust and strive to
enhance and maintain confidence in the judicial system;
th
xxx (4 whereas)
In the new code, there are seven cardinal values that every judge should
possess. And these are embodied in six canons.
7 Cardinal Values
1.
2.
3.
4.
5.
6.
7.
Independence
Integrity
Impartiality
Propriety
Equality
Competence
Diligence
NOW, THEREFORE, the Court hereby adopts this New Code of Judicial
Conduct for the Philippine Judiciary.
CANON 1: INDEPENDENCE
NO. It only correlates the existing judicial ethics rules. It adds some
new sections also not found in the old code.
The preamble of the Old Code says, An honorable competent and
independent judiciary exists to administer justice and thus promote
the unity of the country, the stability of government, and the wellbeing of the people.
The New Code of Conduct will update and correlate the Code
of Judicial Conduct and the Canons of Judicial Ethics. So we
have the Code of Judicial Conduct, we also have the even
earlier form of ethical rule that is the Canons of Judicial
That is how importance judicial independence is. Without it, there could be
no fair trial.
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1.
1.
2.
Internal Source
-
2.
Both are important. You cannot choose one. So when you say
independence of the judiciary, you refer to individual and institutional
judicial independence.
External Source
-
The judge must only decide cases based on the facts and the law and
not on some other source of influence.
Ramirez v. Corpus-Macandog
Based merely on the facts of the case and the law applicable to the
facts of the case. If a judge decides a case because of extraneous
factors, then there is no independence.
The judge here admitted that she rendered rulings based upon the
directives of a government official. In her defense, she said it was a
revolutionary government, and therefore, she found it fit to succumb to
the pressure of the government official.
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YES. They still retain their independence from the other justice. Even
in collegiate courts, this still applies.
Justices, even in the same division, are free to dissent if they do not
agree with the majority opinion.
Libarios v. Dabalos
There is a rally conducted outside the courtroom. The rally was conducted
by the supporters of the complainant. Because of that rally, the judge was
overwhelmed. So the judge issued a warrant of arrest and fixed the bail of
the accused without the required hearing.
SC said that there was unjustified haste in the actions of the judge. A judge
must diligently ascertain the facts and applicable law, unswayed by
partisan or personal interest. So it was very clear here that the judge acted
in that way because of the rally conducted outside.
If judges must be independent from their colleagues, they should not also
wield influence on their judicial colleagues. You extend not just to other
judicial colleagues but also other administrative or quasi-judicial bodies.
The judiciary could be a very close knit brotherhood. But regardless of the
close relations, the camaraderie and compaerismo, judges must make
sure that they remain independent from their judicial colleagues.
Dear NLRC, my wife is a party in a case before you. This letter is to inform
you that everything my wife said in her affidavits and pleadings are
untrue.
In other words, that the judge is telling them not to believe his wife.
Reason of the judge was that he was merely interested in upholding the
truth? Ethical or unethical?
-
th
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The position of the judge is very delicate. The judge may not be aware that
the people whom he trusts could already be selling him, without him
knowing it.
Example:
Section 4 reminds judges of this danger and so they should do their best
not to let their public office advance the private interests of others.
Close associates, or even family members, might say, give me 50k and you
will win the case before my uncle judge. But in reality that nephew or niece
already knew the decision beforehand because when he visited his uncle
judge, he saw in the table the draft decision. The nephew already knew
that he would win. So taking the opportunity to earn money, he went to
that party about to win and asked 50k.
All throughout the Code, there is a similar theme: the actual possession of
the quality of the judge is just as important as the appearance. So,
APPEARANCE is just as important as the actual quality itself.
So, the judge must be able to safeguard himself from influence peddling
people. Especially those close to him, especially those people that he trust.
Example: Judges must not only be independent, but must also appear to
be independent.
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It could be very difficult for the judge to remain independent from the
two other departments. How?
1.
2.
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CANON 2: INTEGRITY
Integrity is essential not only to the proper discharge of the judicial office
but also to the personal demeanor of judges.
When you say integrity, you really cannot separate the judge as a judge,
and the judge as a person. Integrity has to be taken in its entirety. So the
judge must not only be a good judge, but must also be a good person.
When applying for judgeship or promotion in the judiciary, there is the
duty to disclose all disciplinary, criminal and civil cases. Many judges have
been suspended, or dismissed from the judiciary because of the failure to
disclose pending cases.
SECTION 1. Judges shall ensure that not only is their conduct above
reproach, but that it is perceived to be so in view of a reasonable observer.
1.
2.
3.
4.
5.
Accepting bribes
Going to casinos and cockpits
Delay in rendering decisions
Ignorance of the law
Voyeurism
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said that this is very basic and elementary. He is not just incompetent,
he also lacks integrity.
2.
SECTION 2. The behavior and conduct of judges must reaffirm the peoples
faith in the integrity of the judiciary. Justice must not merely be done but
must also be seen to be done.
Ignorance of the law obviously, this shows incompetence. But there are
also instances where in addition to lack of competence, it could also mean
lack of integrity.
You might think that the most important part of the judges task is to
render fair decisions. But that is not the only important thing. Equally
important is the PROCESS reaching that decision. The parties might still
entertain the idea that the judge is biased or prejudiced because there
seems to be no fairness in the process.
Basic policy: the judges conduct in his private and public life can always be
subjected to scrutiny.
Examples:
1.
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CANON 3: IMPARTIALITY
1.
2.
3.
4.
So the judge should police the justice system. If the judge learns of some
abuses committed by court personnel, the judge must not hesitate to
undertake the necessary investigative or administrative action. Same thing
for lawyers, if the judge learns that the lawyer engages in unethical or
illegal courses of action, it is incumbent upon the judge to expose said
lawyer. The judges owe it to the administration of justice, to be vigilant not
just on themselves but also on the other participants in the justice system.
__________________________________________________________
A judge should not only render a just, correct and impartial decision but
should do so in such a manner as to be free from any suspicion as to its
fairness and impartiality and as to its integrity.
Although the senator-judges are not really members of the judiciary, a very
good example would come to mind. But you recall some senator-judges
who may have acted in such a way that their impartiality may be
questioned?
What good is a fair and impartial decision if the process did not seem fair?
The judge may be seen to be too friendly to the defense, and too hostile to
the prosecution. Lets say there is nothing wrong with the decision, it is
perfect, still the same, it is tainted with doubts and suspicions as to the
fairness of the judge. So judges must not only concern themselves of the
final product of the case which is the decision. Everything, all the
proceedings that lead to the decision must be fair, and must appear to be
fair in the eyes of the reasonable observer. Even the appearance of
impartiality is enough to discipline the judge.
EXTRAJDUCIAL SOURCE RULE
this is the standard used to know whether the judge is partial or not. To
sustain a claim of bias or prejudice, the resolution or opinion or decision of
the court must be based upon an extrajudicial source, that is, some
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SECTION 1. Judges shall perform their judicial duties without favor, bias, or
prejudice.
SECTION 2. Judges shall ensure that his or her conduct, both in and out of
court, maintains and enhances the confidence of the public, the legal;
profession and litigants in the impartiality of the judge and of the judiciary.
What is it to be like Caesars wife? Judges are said to be like Caesars wife,
meaning, they should be above reproach and beyond suspicion. Its not
easy to be a judge.
Examples:
1.
2.
3.
4.
5.
It is not uncommon among lawyer circles that some judges tend to develop
a reputation. Some judges are known to be biased in favor of children in
child abuse cases, or this judge has a reputation to be tender to the rights
of the accused, etc.
Judges are reminded not to let their personal biases, their personal
convictions, their ideals of goodness, clout their judgment. There are limits
to how they adjudicate. And they must adjudicate according to the facts
and law, and not for some other reasons. Otherwise, there is a tendency
that the lawyers will talk, and wittingly or unwittingly, the judge finds
himself with a reputation.
And although a speedy determination of an action implies a speedy trial,
speed is not the chief objective of a trial.
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If there is conflict of interest, the public official must resign from the
position in any private enterprise within 30 DAYS from assumption of
office.
If not just mere employment, like you are the owner, then the second
one applies to you, you divest from shareholdings or interest within 60
DAYS from assumption of office.
Scenario
CASE
You are a judge, and you are thinking of opening a business. Would it be
wise and ethical for you to open a surety bonding company which is
connected to your profession?
-
1.
The judge acted as broker together with the complainant in the sale of
lots to the Church of Jesus Christ xxx.
SC: By allowing himself to act as agent in the sale of the subject property,
respondent judge has increased the possibility of his disqualification to act
as an impartial judge in the event that a dispute involving the said contract
of sale arises.
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3.
The judge lends money at unconscionable interests and files suits for
collection at the place where he is judge, to enable him to take
advantage of his position. Reprimanded.
Castillo v. Juan
In every litigation, the manner and attitude of the judge are crucial to
everyone concerned. He should, in the performance of his functions, avoid
side comments, side remarks, hasty conclusions, loose statements, or
gratuitous utterances that could form the basis for erroneous impressions
in the mind of those who hear and who could conclude that he is
prejudging the case or the issues that come before him.
Bar Exam Question
Judge advised the parties to plea bargain or compromise. That by itself
would not be so unethical. What made it unethical was the way he
advised. Accused, I suggest that you plead guilty to a lesser offense.
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Take note of the word shall. Judges shall disqualify. This is mandatory,
there is no discretion involved. The judge has no other choice but to
disqualify himself. In the instances of mandatory disqualification, the law
itself conclusively presumed that the judge is unable to decide the matter
impartially.
a) The judge has
a.
b.
Judge is riding a bus, and then the bus collided with another bus. The judge
was there to witness everything. If a case for reckless imprudence xxx filed
against one of the drivers is raffled to the judge, can the judge disqualify
himself from hearing the case?
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b.
c.
served as a lawyer or
was a material witness in the matter in controversy;
c) The judge or member of his or her family, has economic interest in the
outcome of the matter in controversy
Self-explanatory. Again, recall the definition of Judges family.
Judges family includes a
a.
b.
c.
d.
e.
f.
judges spouse,
son,
daughter,
son-in-law,
daughter-in-law, and
any other relative by consanguinity or affinity
i.
within the sixth civil degree, or
ii.
person who is a companion or employee of the judge and
iii.
who lives in the judges household
From RTC judge, the judge is promoted CA justice. One of the cases raffled
to him was an appeal of his decision as RTC judge. Can the judge disqualify
himself?
YES. Mandatory disqualification. He cannot review his own decision.
f) The judge is related by consanguinity or affinity to a party litigant
within the 6th civil degree or to counsel within the 4th civil degree; or
relationship to the lawyer.
th
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The judge must ask himself whether a losing party could entertain a
reasonable belief that the judge was partial to the prevailing party. It
is not whether the judge was actually partial or not. So even the
appearance of partiality, the judge should already determine if there
could be the appearance of partiality, or bias, or prejudice.
Examples:
VOLUNTARY INHIBITION
1.
2.
2 paragraph: the new code of judicial conduct, the old code does not
expressly provide for voluntary inhibition, but you have heard of judges
voluntarily inhibiting. That is allowed. But the authority is not the Code of
Judicial Conduct, but Rule 137, Section 1, Rules of Court, particularly the
nd
2 paragraph which says:
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2.
3.
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Martinez v. Gironella
The judge insisted on hearing the case even if there was a motion for
inhibition, notwithstanding vehement objection by the other party. There
is a murder case before this judge. There were 3 accused, but only 1
accused (C) is being tried because the 2 others (A and B) are at large. In the
decision of the trial judge in the criminal case, the trial judge said,
according to evidence presented by the prosecution, accused (C) is only, if
ever he is liable, would only be liable as an accessory. But even then, C was
acquitted because he was not proven guilty beyond reasonable doubt. And
in the same decision, the judge said that A is really the principal, A is the
one guilty of murder.
SC said it was NOT proper. It was only on account of dispelling any doubt
and perception of bias. Clearly therefore, no just and valid reason supports
the inhibition of the judge.
Another issue: The fact that the judge previously decided against the
petitioner is not a proper ground for inhibition. It is not enough reason
absent any extrinsic evidence of malice or bad faith to conclude that the
judge was biased and partial against petitioner. So the remedy of
erroneous interlocutory rulings in the course of a trial is not the outright
disqualification of a judge, for there is yet to come a judge with
omniscience to issue rulings that are always infallible. Judges will always be
mistaken. If you use that as a reason to inhibit the judge, then it is not
sufficient reason, it is not a valid reason. The courts will close shop if we
disqualify judges who err, for we all err.
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2.
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For example the judge would disclose in open court to all parties and
lawyers that the other lawyer is his son. He also said that he would not
be biased and his relationship would not affect his decision making.
The other parties and lawyers agreed right then and there that the
judge would continue hearing the case.
There was no proper remittal of disqualification because (requisite #1)
the parties must agree independently of the judges participation. The
judge should not have gotten the consent that way. He should have
given the parties sufficient occasion to confer with one another
independently of the judges participation. Allow the parties to talk by
themselves, et cetera.
On requisite #2, son-lawyer could say that he and his father had a rift,
and that he was disinherited, and that he always loses in cases tried
before his father-judge. So the reason for inhibition is immaterial and
unsubstantial.
CANON 4: PROPRIETY
Propriety and appearance of propriety are essential to the performance of
all the activities of a judge.
Examples:
1.
2.
____________________________________________________________
3.
4.
5.
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b.
c.
d.
e.
f.
Financial activities
Fiduciary activities
Practice of other profession
Extrajudicial appointments
Political activities
A judge may engage in the following activities provided that they do not
interfere with the performance of judicial duties or detract from the
dignity of the court:
Examples of restrictions:
a.
1.
2.
3.
b.
c.
d.
Examples:
a.
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Subject to the provisions of the proceeding rule, a judge may hold and
manage investments but should not serve as officer, director, manager or
advisor, or employee of any business except as director of a family
business of the judge.
Allowed
-
A judge or any immediate member of the family shall not accept a gift,
bequest, factor or loan from anyone except as may be allowed by law.
Judges must also make full financial disclosure of all their financial
activities.
In the SALN, there is also a portion of business interests, not just of the
judge, but also members of his own family.
C.
FIDUCIARY ACTIVITIES
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NO. He may not because his duties as executor will interfere with the
proper performance of judicial duties. He might not be able to work as a
judge anymore as he is busy partitioning the vast estate.
Conditions:
1.
2.
E.
EXTRAJUDICIAL APPOINTMENTS
Can judges be appointed in other agencies or bodies that are nonjudicial?
All notarial fees shall be for the government, and turned over to
the municipal treasurer.
Certification must be made in the notarized documents attesting
to the lack of any lawyer, notary public, in such locality.
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F.
POLITICAL ACTIVITIES
Absolutely prohibited:
A judge is entitled to entertain personal views on political questions. But to
avoid suspicion of political partisanship, a judge shall not make political
speeches, contribute to party funds, publicly endorse candidates for
political office or participate in other partisan political activities.
SECTION 3. Judges shall, in their personal relations with individual
members of the legal profession who practice regularly in their court, avoid
situations which might reasonably give rise to suspicion or appearance of
favoritism or partiality.
Unethical acts:
1.
2.
SECTION 5. Judges shall not allow the use of their residence by a member
of the legal profession to receive clients of the latter or of other members
of the legal profession.
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Examples:
1.
Judge filed his own case for estafa. He is the private offended
party. He filed such case in his own sala and issued a warrant of
arrest against the accused. Here, there is the obvious abuse of the
judicial office, to advance his personal interest.
2.
a) Write, lecture, and participate in activities concerning the law, the legal
system, the administration of justice or related matters;
b) Appear at a public hearing before an official body concerned with
matters relating to the law, the legal system, the administration of justice
or related matters;
c) Engage in other activities if such activities do not detract from the dignity
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SECTION 11. Judges shall not practice law whilst the holder of judicial
office.
SECTION 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 omitted
to be done in connection with their duties or functions.
In a case, a judge advised the municipality that it can impose a certain kind
of tax. The SC said that it was unethical for the judge to advise the
municipality because in so doing, the judge acted as a lawyer. Judges can
only give opinions in actual cases pending before them.
SECTION 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 omitted to be done by him or her in connection with the
performance of judicial duties.
Correlate this with the provisions in the RPC regarding bribery, indirect
bribery, also with RA 3019, the Anti-Graft and Corrupt Practices Act, as well
as RA 6713 Code of Conduct and Ethical Standards of Public Officials.
So section 14 really just gives more teeth to section 13, because without
section 14, you could provide opportunities or avenues on the part of the
judge to escape the prohibition in section 13 by asking the person to give
the gift instead to the court staff. So section 14 expands the prohibition
under section 13.
SECTION 15. Subject to the law and to any legal 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 reasonably be perceived as intended to influence the
judge in the performance of judicial duties or otherwise give rise to an
appearance of partiality.
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CANON 5: EQUALITY
Ensuring equality of treatment to all before the court is essential to the due
performance of judicial office.
CASE:
Judge accepted the free use, for a year, of a car, and availed for free of
battery recharging services of the shop of a litigant who has a pending case
before him. The judge violated RA 6713.
Judges must know that there could be factors to give different treatments,
and it would be injustice to treat everyone equally if such factors exist in a
case. So when you say equality, there is really no prohibition against
differentiation. What is prohibited is differentiation on improper or
irrelevant grounds.
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different from the usual adult witnesses. Some minors are even named
AAA or BBB to protect their identity.
The judges may also treat new lawyers differently. Judges should be
patient, attentive, and courteous to lawyers, especially the young and
inexperienced. So judges are required to be more courteous and more
considerate to new lawyers.
We have Juvenile Justice Welfare Act, Senior Citizens Act, Magna Carta of
Disabled Persons, Solo Parents Act, et cetera. There is a different
treatment here.
SECTION 4. Judges shall not knowingly permit court staff or other subject to
his or her influence, direction or control to differentiate between persons
concerned, in a matter before the judge, on any irrelevant ground.
So in a case a judge reprimanded the lawyer for making sexist and racist
comments in his pleading.
__________________________________________________________
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SECTION 1. The judicial duties of a judge take precedence over all other
activities.
We might say that the job of the judge is to hear and decide cases, but that
is not the only job of the judge. Another job of the judge is administration.
In other words, aside from hearing and deciding cases, the judge is also the
manager of his courtroom; the judge is the boss of his courtroom. As such,
he must know how to manage his personnel. He must know how to
manage case files, how to do efficient record keeping, etc. The judge
cannot just lay the blame on court employees, because it is the duty of the
NO. They are not required, it is mandatory only for lawyers. But
they are still welcome to attend.
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Example:
Case of a judge who renders decisions pursuant to dwarves. He also has
healing sessions in his courtroom. Judge dismissed from the judiciary.
SC said spiritual, paranormal beliefs have no room in the decision making
of the judge. In the case, the judge admitted that he renders decisions that
way.
They should not also be ignorant of the law. Ignorance of the law is the
main spring of injustice as well as corruption. Disrespect and lack of
confidence will be detrimental if judges are ignorant. You cross reference
this with pertinent RPC provisions. Knowingly rendering unjust judgment,
judgment rendered through negligence, unjust interlocutory order, and
malicious delay in the administration of justice.
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Judges should not only render fair decisions, but must render them on
time they should dispose decisions with reasonable promptness. It would
be like an empty victory on the part of the party who has already died
waiting for the decision.
This includes the utilization of pretrial, discovery modes, modes of ADR, in
order to abbreviate the proceedings.
Constitutional timeframe
The constitution says shall, but it is only a directory provision
notwithstanding the word shall. However, it could subject the
responsible government official to administrative liability, but it will in no
way affect the validity of the decision or the jurisdiction.
Judges are required to execute a certificate of service. It is equivalent to a
DTR. This shall serve as basis for their salary. There is a clause in the
certificate of service wherein the judge certifies that he has no pending
cases which have not been resolved after 90 days. So meaning, he has not
delayed decisions. This is mandatory. That certificate of service is a
prerequisite before they can receive salary.
24 months
12 months
3 months
Periods provided by no less than the constitution. You start to count that
from the date the case is deemed submitted for decision.
If for some valid reason, a judge cannot decide the case within the period
prescribed, he must request the SC for an extension of time to render the
decision.
If the judge just sits on the case, and deals with it in his own free time, he
is endangering himself, making himself susceptible to administrative
action. A party litigant might complain against him. If upon prompt audit, it
is found that he has a lot of cases, already long due, if he did not earlier
seek for extension, it might be difficult for him to explain later on in an
administrative case. So the judge should ask for an extension.
A judge who fails to decide cases within the required period and continues
to receive his salary upon his certification that he has no pending matters
to resolve beyond the prescribed period transgresses the constitutional
rights of the people to the speedy disposition of cases. Good faith (no
malicious intent to lie or defraud) could be mitigating, but not absolutory.
It will not absolve the judge from administrative liability.
Usual penalties for delaying the disposition of cases:
a.
b.
Reprimand
Dismissal, depending upon the circumstances.
In cases where the judges were dismissed, most of the dismissals were the
result of gross and inexcusable negligence, or because of the use of
falsified certificates of service.
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2.
3.
2.
Examples:
a.
b.
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imposable penalties for serious charges, less serious charges, and light
charges.
1.
2.
You cannot remove SC Justices via an administrative case. They can only be
removed through impeachment. To allow them to be removed through an
administrative case would be an indirect violation of the constitutional
provision requiring impeachment as a mode of removal from office of SC
Justices.
b.
I.
II.
Dishonesty
The disposition to lie, to cheat, or to defraud.
Examples:
a.
b.
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c.
Examples:
a.
b.
c.
d.
e.
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So you also see what are the accessory penalties. If the accessory penalty
to the conviction includes civil interdiction, then the judge must necessarily
be de-benched.
Moral turpitude any act of violence, moral depravity that is against the
normally accepted code of mankind.
Falsification
Violation of BP22
Robbery
Smuggling
Estafa
a.
b.
a.
b.
c.
d.
e.
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2.
3.
2.
Suspension from office without salary and other benefits for not
less than 1 nor more than 3 months
A fine of more than P10,000 but not exceeding P20,000.
A fine of not less than P1,000 but not exceeding P10,000; and/or
Censure;
Reprimand;
Admonition with warning.
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What you read is only the decision, but the proceedings leading to the
decision are confidential. So only the decision, but not the
proceedings.
Appeal, or other modes of review like special civil actions but not civil,
criminal or administrative action against the judge in the absence of
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Under the RPC we have the offenses committed by the public officers,
which could also be committed by judges like falsification of official
documents, malversation of public funds. Under special laws we have
plunder, illegally acquired wealth, among many others.
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You could invoke the provisions under the NCC: 19, 20, 27,32. We also
have those provisions in the Revised Administrative Code providing the
civil liabilities of judges in cases of misfeasance, malfeasance and
nonfeasance.
Again, same thing, if after the death you can no longer substantiate
the allegations, then you dismiss on the ground of insufficiency of
evidence.
Disabilities of Judges
Article 1491 of the Civil Code judges cannot acquire properties and rights
pending litigation before them. Any contract in violation of 1491 is VOID.
Article 739 of the Civil Code donations to the judge, his spouse,
ascendants or descendants by reason of his office are also VOID.
Not anymore.
Does the separation or retirement of the respondent judge render the
administrative case moot and academic?
NO, it does not render the case moot and academic. Although you can
no longer impose dismissal or suspension, there could still be
adequate penalties like the accessory penalties of disqualification to
hold public office, or you could also impose fines.
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Withdrawal of complaint
Death of complainant
Death of judge
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3.
7.
8.
9.
Acknowledgement of fault
Apology
Other analogous circumstances
Case 1
The CA Justice here joined the election for the officers and members of the
Board of Trustees of a Homeowners Association and got herself involved
in the issues that animated the two groups which shared the powers of the
association, thus getting drawn into a bitter litigation. So that was the
charge against the CA Justice: that she should not have ran as an officer in
the homeowners association.
SC: Joining the judiciary does not mean that a judge should live the life of a
hermit. The Code of Judicial Ethics does not bar him from joining
associations or institutions that promote the common good. To be sure, no
social or moral considerations prevent him from taking active part in
organizations that aim to promote the welfare of his family or community
like a homeowners association. So there is nothing wrong with the act of
the justice of being active in her homeowners association.
Mitigating Circumstances
Case 2
Case of a judge because of a delay in the disposition of the case under the
rules on summary procedure. But prior to this case, the judge had already
been found guilty in other administrative cases. So this was not the first
administrative case of the judge. In the last administrative case, prior to
this case, the judge was dismissed from the service for gross inefficiency,
gross ignorance of the law, dereliction of duty and violation of the code of
judicial conduct. So at the time of rendition of the decision, the judge has
already been dismissed from the service in another previous case. Just the
same, the SC found him guilty of delay in rendition of judgments undue
1.
2.
3.
4.
5.
6.
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Judge procured from complainant the building materials he needed for the
construction of his house. In doing so, he compromised his position as a
judge. His business and financial dealings with the complainant will create
a doubt about his fairness and impartiality in deciding the case and will
tend to corrode the respect and dignity of the court. Dismissed from
service.
Case 4
Case 7 Impropriety
There was a spot audit. Judge was found to have failed in deciding 102
criminal cases and 43 civil cases on time. He cannot take refuge behind the
common excuse of heavy caseload. He could have asked the court for a
reasonable period of extension to dispose of the cases but did not. His
inefficiency caused not only unnecessary financial strain to the litigants but
also physical and emotional anxiety. He was fined 50k to be deducted from
his retirement benefits.
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the courts heading must be observed at all times. Respondent judge here
used the courts heading in his personal letter, and unwittingly dragged the
name of the court into his private affairs, giving the appearance that there
is an implied consent of the court to his cause. Judge admonished.
Case 14 Gross Ignorance of the Law
Information filed before the MTC, but it is clear in the information that the
official was salary grade 28. Sandiganbayan has jurisdiction, yet the MTC
denied the motion to quash the information for lack of jurisdiction and
insisted in hearing the case.
Case 15 Gross Ignorance of the Law
The charge is reckless imprudence resulting in homicide. The judge
ordered the impounding of the buss involved with directive that it will be
released only upon posting of 50k cash bond. He also increased the bond
of the accused from 60k to 350k to be posted in cash. Excessive bail and
order of impounding is premature.
Case 16 Gross Ignorance of the Law
The judge issued a warrant of arrest against the lawyer of the accused for
the lawyers failure to attend the promulgation of judgment and directed
that the said lawyer to remain in jail until the judgment is promulgated.
Case 17 Gross Ignorance of the Law
Case 13
Letterhead serves as primary identifier of the office. Written
correspondence bearing the courts heading gives the impression that it
has the imprimatur of the court, and that the signatory carries such
representation. Considering this important implication, scrupulous use of
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SC said the conveyance of several pieces of realty does not close and
terminate the case. Disciplinary cases involve not only private interest,
they are undertaken to maintain the faith and confidence of the people in
the government. To allow the parties to dictate the course of disciplinary
investigations would render hollow the courts power of supervision over
court officials and employees.
So here, the complainant was no longer interested to pursue the case
because he already received parcels of land. But just the same, the SC said
that they should continue the case. We have here the act of the judge
issuing unfunded checks.
The judge circulated calling cards bearing the following: his name as
presiding judge of RTC Branch 73 indicating that he is a bar exam
topnotcher with a grade with 87.55% and with full second honors from
Ateneo de Manila University, AB and LLB. Before he starts his court
session, he is introduced as a private law practitioner, a graduate of
Ateneo de Manila University with second honors and a bar topnotcher
during the 1983 bar exams with an average score of 87.55%, then a
reading of the Holy Bible follows, particularly the book of revelation
according to St. John. Then he gives the people of the courtroom to asks
questions on the matter read. If no question is asked, the session starts.
Violation of Canon 2 which states that a judge should not seek publicity for
personal vain glory.
Case 23 Gross Ignorance of the Law
He ordered the release of the accused on recognizance without the
presence of the prosecutor, thus depriving the latter of any opportunity to
oppose said release. He also ordered the release without first requiring the
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PROCEDURE
Who can remove Judges?
a.
b.
This rule is by virtue of a SC circular and many authors are of the opinion
that this SC circular is unconstitutional because the constitution expressly
mandates that the SC en banc should decide administrative cases against
judges and justices, however, since the SC has spoken and only the SC can
render laws and rules unconstitutional so this is still being followed.
Can the IBP investigate judges?
-
Case 26
Unbecoming Conduct for Openly Criticizing the Rules of Court and
Philippine Justice System and for Using highly Improper and Intemperate
Language during Court Proceedings. Fined 40k. Mitigating: new in the job
and there was no allegation or proof that he acted in bad faith or corrupt
motive.
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c.
For example there is an anonymous complaint that this certain judge does
not know how to apply the indeterminate sentence law, in fact you see
attached certified true copies of 10 judgments he rendered misapplying
the ISL. Can the SC entertain it?
-
Where to file?
If the complaint is not sufficient in form and substance, outright dismissal.
a.
b.
With the SC
If filed before the IBP, the IBP has to forward it to the SC
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If the comment has already been filed, or the time to file has lapsed, the
court will assign the matter to the Office of the Court Administrator for
evaluation, report and recommendation.
After investigation, after evaluating the case, they are of the opinion
that there is no evidence to substantiate the charges, can they dismiss
the case on the ground of lack of evidence?
-
Is it possible that the SC will assign the case to somebody else and not
to the OCA? Can the SC opt not to assign it to the OCA?
-
YES.
a.
b.
c.
SEC. 4. Hearing. The investigating Justice or Judge shall set a day of the
hearing and send notice thereof to both parties. At such hearing the parties
may present oral and documentary evidence. If, after due notice, the
respondent fails to appear, the investigation shall proceed ex parte.
The Investigating Justice or Judge shall terminate the investigation within
ninety (90) days from the date of its commencement or within such
extension as the Supreme Court may grant.
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LEGAL ETHICS
Legal Ethics - is the branch of moral science which treats of the duties
which an attorney owes to court, to his client, to his colleagues in the
profession and to the public. So, in this definition, we see the four- fold
duties of the lawyer: the duties to the Court, to the bar, to his client and to
the legal profession
The sources of legal ethics
SEC. 6. Action. The Court shall take such action on the report as the facts
and the law may warrant.
The SC ultimately renders the decision. It could affirm, set aside, modify. It
is not bound by the report and recommendation.
____________________________________________________________
Legal Ethics is very important. The highest moral and ethical standards
should be maintained so that the people will continue to repose their trust
and confidence in the legal profession. So ultimately the stability and the
survival of the legal profession depend on Ethics. The Supreme Court has
made known its stress on Legal Ethics as a very important subject. There
are 8 bar subjects and one of them is Legal Ethics and Practical Exercises. It
has a weight of 5% of the entire bar exam, as supposed to all the others
like Political Law (20%), Remedial Law (25%). Dont be misled by the
percentages. The other subject seems to have more weight, but in reality
Legal Ethics has more weight. If you consider Remedial Law (25%), how
many volumes do you need to read for the entire Remedial Law? For
Political Law (20%), how many books do you have to read? While in Legal
Ethics, you only need to read at most 2 books and you will adequately
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practice law directly or indirectly or any other profession for that matter
during their term. The prohibition is from the constitution itself.
The members of the Constitutional Commission (COA, COMELEC and the
Civil Service Commission) cannot practice law. The prohibition is absolute.
They cannot practice any other profession while holding their position.
Senators or members of Congress can still be members of law firms, and
their names can still remain in the law firm.
Senators / members of the House can represent themselves as parties to a
case. In that particular instance, they are not representing somebody; they
are not acting as counsel for somebody. That is embodied in the due
process clause everybody has the right to be heard by himself or by a
counsel. So they can still appear as a party, but not as lawyers.
The Ombudsman and the Deputy Ombudsman cannot practice law. The
prohibition is absolute. So take note of the Constitutional officers, they
cannot practice law absolutely or they can practice law but with
restrictions.
The Rules of Court - When the executor or administrator is an attorney, he
shall not charge against the estate, any professional fee for legal services
rendered by him. If he does, not only it is against the Rules of Court, it is
also unethical.
The Attorney-Client privilege (also from the Rules of Court) - An Attorney
cannot, without the consent of his client, be examined as to any
communication made by the client to him or his advice given thereon, in
the course of professional employment.
Other rules of court that are sources of Legal Ethics: Rule 138 (Attorneys
and admission to the bar); Rule 138-A (Law Student Practice rule) and Rule
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The power to admit into the bar is vested in the Supreme Court. In fact,
the entire process of bar admission is judicial in nature. You do not to show
up in La Salle and take the bar. You have to file a petition to take the bar
first, and that petition starts the entire judicial process of admission to the
bar. In your petition, you give evidence that support that you have all the
qualifications to become a member of the bar. You annex there your
educational attainment, your TOR, your testimonial of good moral
character, your birth certificate, etc. You have to prove that you are
qualified to take the bar exams. If the Supreme Court approved your
petition to take the Bar, The list of Bar candidates will be published in the
newspaper. After you see your name in the list, you can now go to La Salle,
and take the bar. After that you have to take the bar.
Passing the bar does not automatically make you a lawyer. You have to
take the oath, and you have to sign the Rolls of Attorney. If you have not
done even one of those, you are not a full-pledged member of the Bar.
The oath taking is not just an ordinary ceremony. It is a judicial proceeding,
but its just in the PICC because the successful bar candidates and their
proud parents and relatives cannot fit in the Supreme Court. But it is a
judicial proceeding and it is a proceeding en banc, attended by all the
members of the Supreme Court. And it would be a petition to all the
successful BAR candidates there, to take the Lawyers Oath. And the Chief
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In re: Cuevas
We have here a successful Bar candidate. He was allowed to take his oath
after serving his probation. He was convicted to reckless imprudence
resulting to homicide, because he participated in a hazing incident and
somebody died. He was allowed to take his oath after he served his
probation. The court gave him the benefit of the doubt, taking judicial
notice of the general tendency of the youth to be rash. So he was allowed
to take his oath after serving his probation.
The warranties of the SC in admitting a person to the BAR
That person so admitted has necessary learning and proficiency.
Necessary learning and proficiency does not necessarily mean expertise
in the law. It just means the requisite entry level skills. And the second
warranty is that he is a person of good moral character.
Cayetano vs. Monsod (landmark case)
The practice of law is any activity, in or out of the court, which requires the
application of law, legal procedure, knowledge, training and experience.
This is the modern concept of the practice of law.
Minister of Justice Opinion no. 89 series of 1986
Teaching of law is not practice of law. A law professor does not actually
deal with clients whose rights may be subject to legal controversies. He
does not hold himself out to the public as a lawyer, but as a mentor
learned in the law, he is qualified by reason of his legal training, to instruct
students of legal subjects.
Practice of law is a privilege, because you have to prove that you have all
the qualifications and none of the disqualifications to be admitted to the
bar. And upon admission, you have to prove that you are worthy to be a
continued member of good standing in the Bar. Lawyers must always bow
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This line talks about non-lawyers who are authorized as counsel to appear
in court, they are not appearing as party. Because if they appear as a party,
the rule is absolute, it is allowed.
In Re: Borromeo
However, if they appear in the RTC and higher courts, they must be
accompanied by a supervising lawyer in all his appearances as provided in
the Rules of Court.
Under the Labor Code, can non-lawyers appear as counsel? Yes. There are
instances provided.
Under the Cadastral Act, a non-lawyer can represent a claimant before the
cadastral court.
Also before the DARAB, Department of Agrarian Reform Adjudication
Board.
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Under Sec. 1 of R.A. 910, a retired justice or judge can practice law upon
retirement. However, they cannot act as counsel in any civil case in which
the government or any of its subdivisions or agencies is the adverse party
or in any criminal case wherein an officer or employee of the government
is accused of an offense in relation to his office.
Practice of law - any activity in or out of court which requires the
application of the law, legal procedure, knowledge, training or experience.
(Cayetano vs. Monsod)
Attorney, counsel, abogado, bosero - class of persons who are licensed
officers of the court, duly admitted to the bar.
Bar - whole body of lawyers.
Senators and Members of the house. They can practice law but
they cannot personally appear.
Under the local government code, the Sanggunian members
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Canon 1
A lawyer shall uphold the constitution, obey the laws of the land and
promote respect for law and legal processes.
Lawyers must not only uphold and obey the Constitution and the laws but
also Legal orders or processes of courts. They must be the very first one to
obey the law, not to look for loopholes and evade or circumvent the law.
Rule 1.01
A lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.
The nature of the office of an attorney at law requires that she shall be a
person of good moral character. This qualification is not only a condition
precedent to an admission to the practice of law; its continued possession
is also essential for remaining in the practice of law(People vs. Tuanda,
Adm. Case No. 3360 (Jan. 30, 1990).
Rule 138, Section 27, ROC
The commission of unlawful acts, especially crimes involving moral
turpitude, acts of dishonesty in violation of the attorneys oath, grossly
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Rule 1.03
A lawyer shall not, for any corrupt motive or interest, encourage an suit or
proceeding or delay any mans cause.
A lawyer must not unduly delay a case.
The lawyer was reprimanded when he used his legal expertise to
unnecessarily and unjustly delay a case. (Belmundo vs. CA)
A lawyer should not refuse or delay a case just because he may not be paid
well or as expected by him. Because the legal profession is not a money
making trade. Yes, there is money but it is not the main purpose. The main
purpose of the legal profession is public service.
However, this does not mean that a lawyer cannot reject a case, the fact of
which does not convince him to be meritorious. If the lawyer is
deliberately not paid, he may withdraw as counsel. The canons of
professional ethics says that the lawyers highest honor is found in the
reserved reputation for fidelity to the private trust and public duty as an
honest man and as a patriotic and loyal citizen.
Relative to this rule is the encouragement on lawyers to employ alternative
dispute resolution modes, modes of discovery and all those modes that
can expedite and speed up litigation or avoid litigation altogether.
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The lawyer must decline a case when convinced that it is intended merely
to harass or injure the opposite party or to work oppression.
No. It is contrary to ethical rule that the lawyers must not encourage
lawsuits.
Lets say an employee filed an illegal dismissal case before the labor court.
The lawyer for the employer suggest to criminally charge the employee,
like for contempt, then use it for leverage. Drop the illegal dismissal case
then we will drop the criminal charge against you. That is unjustified
because it is not based on facts, it has no grounds.
But otherwise it is the lawyers right and having accepted engagement it
becomes the lawyers duty to insist upon the judgment of the court as to
the legal merits of his clients claim or defense. His appearance in court
should be deemed as an assertion on his honor that in his opinion his
clients case is one proper for judicial determination. Once a lawyer
appears in court, he warrants to the court that his case is grounded on
facts and law, that his case is justified.
Barratry - is the offense of frequently exciting and stirring up quarrels and
suits, either at law or otherwise. It is the lawyers act of fomenting suits
among individuals and offering his legal services to one of them.
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Rule 1.04
A lawyer shall encourage his clients to avoid, end or settle the controversy
if it will admit of a fair settlement.
A compromise is as often the better part of justice as prudence is the
better part of valor and a lawyer who encourages compromise is no less
the clients champion in settlement out of court than he is the clients
champion in the battle of court.
The useful function of a lawyer is not only to conduct litigation but also to
avoid it whenever possible by advising settlement or withholding suit. He
should be a mediator for concord and conciliator for compromise, rather
than a virtuoso of technicality in the conduct of litigation. (De Yaasi III v.
NLRC, 231 SCRA 173 (1994)
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Rule 2.02
In such a case, even if a lawyer does not accept a case, he shall not refuse
to render legal advice to the person concerned if only to the extent
necessary to safeguard the latters right.
If the reason for non-acceptance of a case is conflict of interest, a lawyer
must refrain from giving legal advice because a lawyer-client relationship is
established and may lead to violation of the rule against representing
conflicting interests.
Therefore, if a lawyer has a valid reason to decline engagement, but even
so the lawyer must always render immediate legal advice to protect or
safeguard the rights of the client.
Under Rule 14.03, the lawyer is not in a position to carry out the
work effectively or competently;
Not the field of law where the lawyer is not confident in;
If the lawyer labors under a conflict of interest between him and
the prospective client or between a present client and the
prospective client.
Example, if a client knocks at your door and asked for help, he doesnt
know why he is being arrested. In practice the warrant of arrest is
accompanied by the copy of information, and in the information there is
the recommended bail. So the client presents the warrant to the lawyer
but no information. The lawyer on the other hand has a valid reason to
decline engagement. However the lawyer should not leave the client out in
the cold. He should render immediate assistance, like giving advice in
questioning the warrant of arrest.
Rule 2.03
A lawyer shall not do or permit to be done any act designed primarily to
solicit legal business.
The solicitation of employment by an attorney is a ground for disbarment
or suspension.
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Rule 3.01
1.
A lawyer shall not use or permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-laudatory or unfair statement or
claim regarding his qualifications or legal services.
2.
3.
4.
Avoid self-appraising remarks, must stick to just objective, honest and fair.
5.
Canon 27,CPE
The Canons of the Profession that tell the best advertising possible for a
lawyer is well-merited reputation for professional capacity and fidelity to
trust, which must be earned as the outcome of character and conduct.
Any false pretense therefore by a lawyer intended to defraud, mislead or
deceive to tout on his qualifications or quality of his legal services is
unethical whether done by him personally or through another with his
permission.
The proffer of free legal services to the indigent, even when broadcast
over the radio or tendered through circulations of printed matter to the
general public, offends no ethical rule.
6.
7.
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If only one of the lawyers appearing in the name of the law firm survives,
can the he continue the use of the firm name with his deceased partners
name? Yes.
However, if only associates are left, that is a different story.
Filipino lawyers cannot practice law under the name of a foreign law firm,
as the latter cannot practice law in the Philippines and the use of a foreign
law firm name is unethical.
Filipino lawyers cannot practice law under the name of a foreign law firm.
(Dacanay vs. Baker & Mckenzie)
Canon 33, CPE
In the formation of such partnership, no person should be admitted or held
out as a member who is not a lawyer. Nor may a group of lawyers hold
themselves out as partners when, in fact, they are not or when no
partnership actually exists.
Death of a partner does not extinguish the client-lawyer relationship with
the law firm. (B.R. Sebastian Enterprises Inc. vs. Court of Appeals, 206 SCRA
28)
Negligence of a member in the law firm is negligence of the firm. When the
counsel of records is the Law Firm, the negligence of the lawyer assigned
to the case consisting in his leaving for abroad without notifying his
colleagues is negligence of the Law Firm. (Antonio vs. Court of Appeals,
153 SCRA 592)
What if Atty. X was elected as senator, should you drop his name?
No, because a senator can concurrently practice law.
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Canon 4
Where a partner accepts public office, he shall withdraw from the firm and
his name shall be dropped from the firm name unless the law allows him to
practice law concurrently.
RA 7160, Section 90
General Rule: Name of partner should be dropped from the firm name
when he accepts public office. If a partner in a law firm has accepted a
public office, his name shall be removed from the firm name.
Exception: If the law allows him to practice law concurrently while holding
the position such as Sanggunian members are subject to certain
restrictions.
Rule 3.04
Facing the law in the everyday work of the lawyer, they are the first to
notice the laws imperfections or loopholes. Therefore, the most logical
people who could give suggestions to improve the legal system are the
lawyers themselves.
A lawyer who seeks publicity to attract legal business is debasing the legal
profession, especially so, if he pays something of value for it.
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Canon 5
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President
Vice President
Secretary
Undersecretary
Senators
Members of House of Representatives
Justices of the Supreme Court (including incumbent court lawyers)
Because they are also covered by the Philippine Judicial Academy
continuing legal educational program (PHILJA)
2.
Those who have retired from law practice with the approval of
the IBP Board of Governors. Retirement must be with the
knowledge and approval by the IBP Board of Governors.
The purpose is to ensure that throughout their career that lawyers are
updated with the latest law and jurisprudence and in effect they remain
competent to discharge their functions to the society.
Requirements for MCLE:
There is 3 years compliance period and for each compliance period a
lawyer must complete 36 hours of legal education, which is equal to 36
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Canon 6
Applicability of canons of professional responsibility to lawyers in the
government service
A lawyer does not shed his professional obligations upon his assuming
public office.
Note: Judges are not covered by the CPR. They cannot be investigated by
the IBP. Lawyers who are incumbent judges are governed by the Code of
Judicial Ethics, both the new and old code.
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R.A. 6713
Public Officials include any elective and appointive officials and
employees, permanent or temporary, whether in the career or non-career
service, including military and police personnel, whether or not they
receive compensation, regardless of amount.
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Sec 7 par. b (2) [Government lawyers are prohibited to] engage in the
private practice of their profession unless authorized by the Constitution or
law, provided, that such practice will not conflict or tend to conflict with
their official functions
There are some government lawyers who appear in court because in their
office they are given authority to do so. They have applied for a certain
level of private practice and were authorized. But without that authority
they cannot engage in private practice law, unless allowed by the
Constitution or other laws. But then again even if allowed by the
Constitution or other laws, private practice of the lawyer should NOT
conflict or tend to conflict with their official function.
This prohibition will continue for ONE YEAR after their separation from
public office in connection with any matter pending before the office they
used to be with.
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The prohibition is absolute. Unlike in the prior Canon, there is no one year
prohibition, the CPR is silent. There is no time frame. As long as it is of any
matter in which he had intervened while in service. Otherwise, he would
be guilty of representing conflicting interests.
Note: The intervention must be substantial.
Parallel provision is RA 3019.
Sec. 3 (d) Accepting or having any member of his family accept
employment in a private enterprise which has pending official business
with him during the pendency thereof or within one year after its
termination.
Therefore, aside from possible administrative liability, there is also criminal
liability under the Anti-Graft and Corrupt Practices Act.
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civil case which is about the sequestration of the shares of Tan et. al. in
Allied Bank.
Facts:
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However, this concern does not cast shadow in the case at bar. The act of
Mendoza in informing the Central Bank on the procedure on how to
liquidate the GenBank is a different matter from the subject matter of the
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HELD: The fact that he shamelessly flaunts his mistress constitutes act
which embarrass and discredit the law profession since it is his duty and
obligation to uphold the dignity and integrity of the profession. His
actuation is contrary to good morals.
It is the lawyers ethical duty to the legal profession to see to it that the
new members of the bar are also qualified. Therefore there is the corollary
duty of every lawyer not to support the application for the admission to
the bar of any person known by him to be unqualified.
In fact any misconduct, whether related to the lawyers job or not which
put his moral character in serious doubt, he seems unfit to continue to
practice law.
Violation would make the lawyer liable for disciplinary action for gross
misconduct of office. (Rule 138 Sec 27 of the Rules of Court)
Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on
his fitness to practice law, nor shall he whether in public or private life,
behave in a scandalous manner to the discredit of the legal profession.
Situation:
FACTS: A lawyer is married and has many mistresses. He flaunts his
mistress on social gatherings. An administrative case was filed against him.
He claimed that having a mistress has nothing to do with the competence
and with law practice, in fact within the locality he is one of the most
prominent lawyers because of his competence.
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Santos Jr. v. Atty. Llamas, A.C. No. 4749, Jan. 20, 2000
In the Matter of IBP Membership dues delinquency of Atty. Marcial
Edillon, A.M. No. 1928, Aug. 3, 1978
Is Bar integration constitutional?
Yes, it was declared to be a valid exercise of the police power over an
important profession. The practice of law is not a vested right but a
privilege clothed with public interest. Hence, it is far and just that the
FACTS: Atty. Llamas, for a number of years, has not indicated the proper
PTR and IBP OR Nos. and data in his pleadings. He only indicated IBP Rizal
259060 but he has been using this for at least 3 years already. Atty.
Llamas averred that he is only engaged in a limited practice of law and
under R.A. 7432, as a senior citizen, he is exempted from payment of
income taxes and included in this exemption, is the payment of
membership dues. Is Atty. Llamas correct?
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Rule 8.01 - A lawyer shall not, in his professional dealings, use language
which is abusive, offensive or otherwise improper.
A lawyer should address his colleague with respect and courtesy as well as
the court and this rule should be observed even in the pleadings that the
lawyer files.
Any kind of language which attacks without foundation and integrity of the
opposing counsel or the dignity of the court may be stricken off the
records or may subject a lawyer to disciplinary action. (Report of IBP
Committee, p. 41)
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Canon 9
A lawyer shall not, directly or indirectly, assist in the unauthorized practice
of law.
Public policy requires that practice of law be limited only to those
individuals found duly qualified in education and character.
The purpose of which is to protect the public, the court, the client and the
bar from the incompetence or dishonesty of those unlicensed to practice
law and not subject to the disciplinary control of the court.
The act of pretending or assuming to be an attorney or an officer of the
court and acting as such without authority is punishable with contempt of
court. The lawyer who assists in an unauthorized practice of law whether
directly or indirectly is subject to disciplinary action.
Rule 9.01 - A lawyer shall not delegate to any unqualified person the
performance of any task which by law may only be performed by a member
of the bar in good standing.
The qualifications to be a lawyer is personal and the bar is an exclusive
group of professionals who possess the requisite classifications and for
whom defined functions are reserved. To delegate the functions would
violate the rationale behind reserving defined functions exclusively for
those who are admitted to the bar.
Can you delegate to a suspended lawyer during the period of his
suspension? No, because a suspended lawyer at the time of his suspension
is not qualified to practice law.
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sharing arrangement.
GENERAL RULE: Lawyers should not share legal fees. The reason is to
ensure that the practice of law remains only with the lawyers. If you share
legal fees, it might lead to a situation where you also share with your work
to non-lawyers. This is to avoid that situation where the legal work is also
shared because legal fees are shared. Further, non-lawyers are not
subjected to the supervision of the SC. Therefore, it could become
dangerous if non-lawyers are allowed to share with the legal fees but they
cannot be disciplined by the SC.
EXCEPTIONS:
(a) Where there is a pre-existing agreement with a partner or
associate that, upon the latter's death, money shall be paid over a
reasonable period of time to his estate or to persons specified in
the agreement. This exception is in the nature of a bequest. It is
still in substance, payment to the deceased lawyer. His estate
and/or assignee could not claim entitlement to the money in their
own right but only by representation. (CPR Annotated, PhilJA)
(b) Where a lawyer undertakes to complete unfinished legal business
of a deceased lawyer;
(c) Where a lawyer or law firm includes non-lawyer employees in a
retirement plan even if the plan is based in whole or in part, on a
profit sharing agreement. This is not a division of legal fees but a
pension representing deferred wages for the employees past
services. This exception is an implicit recognition of the
incontestable fact that lawyers need to, and in fact, depend on
non-lawyers for the administrative support functions necessary to
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2.
3.
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Rule 10.03 - A lawyer shall observe the rules of procedure and shall not
misuse them to defeat the ends of justice.
The rules of procedure are intended to facilitate the delivery of justice to
those to whom it is due without it is due without unnecessary expense and
waste of time for truly justice delayed is justice denied.
We have A vs. B for recovery of possession for a parcel of land. The court
granted in favor of B. A does not want to surrender possession. What did
As lawyer do? He opposed the writ of possession issued by the RTC by
filing a motion for reconsideration. Their MR was denied, they filed a
petition for certiorari to the CA. The petition was denied, so they filed a
MR and then it was denied, so they elevated the matter to the SC, petition
for certiorari denied. There was already a decision but they kept on raising
issues which has long been settled, in fact there has been already a writ of
possession. Meanwhile, because of all those dilatory and baseless
petitions, 17 years had passed and B who was supposed to have
possession of the parcel land, which was intended to be used for business,
the land has become a cemetery. At the time it was in the possession of A.
So how can he use it now? He has become the existing owner of a
cemetery. So the court exasperated and said there must be an end to
litigation at a certain point and as officers of the court, lawyers have a
responsibility to assist in the proper administration of justice. They do not
discharge this duty by filing pointless petitions that only add to the
workload of the judiciary especially to this court which is burdened enough
as it is. A judicious study of the facts and the law should advise them when
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said enough, while you can criticize the court, it should not spill over the
walls of decency.
Rule 11.01 - A lawyer shall appear in court properly attired.
Lawyers who appear in court must be properly attired. The traditional
attires for male lawyers in the Philippines are the long-sleeve Barong
Tagalog or coat and tie. Female lawyers appear in a semi-formal attires.
Canon 11
A lawyer shall observe and maintain the respect due to the courts and to
judicial officers and should insist on similar conduct by others.
Judges also appear in the same attire in addition to black robes. The Court
can hold the lawyer in contempt of court if he appears not in proper attire.
Counsel may even be held in contempt in coming late in the hearing or trial
of case or for failing to appear in a trial.
The respect is not only toward the Justices and Judges but also to other
officers of the Courts like Clerk of Court, Sheriffs and other judicial officers
who take part in the judicial work.
In Re: Almacen
Lawyers can criticize the court but such criticisms must be bonafied and
must not spill over the walls of decency.
The lawyer filed a petition to surrender his license to practice law. He
petitioned the SC to accept his license to practice law because he is now
exasperated by the way justice is done. He also resorted to the media and
there in the peoples forum, he kept his tirades against the court. The SC
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thereof. No other branch of the government may intrude into this power,
without running afoul of the doctrine of the separation of powers.
Rule 11.04 - A lawyer shall not attribute to judge motives not supported by
the record or have no materiality to the case.
In Re: Aguas
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The judge instructed the witness not to look at the defendants lawyer but
instead focus his attention on the judge because the judge was asking
something from the witness. When the witness did not give heed to the
warning, the judge arose from his seat and grabbed the witness by the
shoulder and shook the witness violently. The lawyer asked that the
incident be placed on record and when the lawyer did that, the lawyer was
held in contempt. The SC ruled that such act of insisting that the matter be
placed on record is not contemptuous. Lawyers must be courageous
enough to expose arbitrariness and injustice of judges.
CANON 12
A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO
ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.
Rule 12.01 - A lawyer shall not appear for trial unless he has adequately
prepared himself on the law and the facts of his case, the evidence he will
adduce and the order of its preference. He should also be ready with the
original documents for comparison with the copies.
A lawyer is not adequately prepared unless he has a mastery of the facts of
his case, the law and jurisprudence applicable thereto and upon which he
can appropriately anchor his theory or instance. He must have collated
every piece of evidence essential to establish his case and essential to
demolish the pretense of the opponents theory and capable of presenting
and offering his evidence in an orderly and smooth manner without
provoking valid objections.
A newly hired counsel who appears in a case midstream is expected to
know all the antecedents prior to your take over. If he needs more time to
study the case and to prepare, he can ask for the hearing to be postponed.
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dismissal with prejudice; and shall (2) constitute direct contempt, as well
as (3) cause for administrative sanctions.
Forum shopping: the improper practice of going from one court to another
in the hope of securing a favorable relief in one court which another court
has denied; exists when as a result of an adverse opinion in one forum, a
party seeks favorable opinion (other than by appeal or certiorari) in
another, or when he institutes two or more actions or proceedings
grounded on the same cause, on the gamble that one or the other would
make a favorable disposition.
Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file
pleadings, memoranda or briefs, let the period lapse without submitting
the same or offering an explanation for his failure to do so.
Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of
a judgment or misuse Court processes.
Rule 12.05 - A lawyer shall refrain from talking to his witness during a
break or recess in the trial, while the witness is still under examination.
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Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:
a) on formal matters, such as the mailing, authentication or custody of an
instrument, and the like, or
b) on substantial matters, in cases where his testimony is essential to the
ends of justice, in which event he must, during his testimony, entrust the
trial of the case to another counsel.
The rationale of this rule is to protect the reputation and the good names
of both the lawyer and the judge so as not to affect the confidence of the
litigant and the public in general on the judiciary system
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