Ethics Syllabus Based
Ethics Syllabus Based
Ethics Syllabus Based
LEGAL ETHICS
A. Practice of Law
1. Concept
Practice of law means any activity, in or out of court, which requires the application of law, legal procedure, knowledge,
training, and experience (Cayetano v. Monsod, G.R. No. 100113, September 3, 1991).
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;
and
d. Notarial acts.
NOTE: A lawyer who is a detention prisoner is not allowed to practice his profession as a necessary consequence of his status
as a detention prisoner.
Essential criteria in determining whether a person is engaged in the practice of law [CAHA]
1. Compensation – implies that one must have presented himself to be in active practice and that his professional services are
available to the public for compensation, as a source of livelihood or in consideration of his said services;
2. Application of law, legal principle, practice or procedure which calls for legal knowledge, training and experience;
3. Habituality – implies customary or habitually holding oneself out to the public as a lawyer. Practice of law is more than an
isolated appearance for it consists in frequent or customary action; and
4. Attorney-Client relationship - engaging in the practice of law presupposes the existence of a lawyer-client relationship. Ten
(10) years of practice of law includes work as a litigator, in-house counsel, giving of legal advice, teaching of law, and even
foreign assignment which requires the knowledge and application of the laws.
4. Appearance of Non-Lawyers
GR: Only those who are licensed to practice law can appear and handle cases in court.
XPNs:
1. Law student practice;
2. Non-lawyers in court can appear for a party in MTC; and
NOTE: Section 34, Rule 138 of the Revised Rules of Court expressly allows pro se practice or the right of a non-member of the
bar to engage in limited practice of law (Antiquiera, 1992).
3. Non-lawyers can represent parties in administrative tribunals such as NLRC, DARAB, and Cadastral Courts.
Section 1. Conditions for student practice. — A law student who has successfully completed his 3rd year of the
regular four-year prescribed law curriculum and is enrolled in a recognized law school's clinical legal
education program approved by the Supreme Court, may appear without compensation in any civil, criminal or
administrative case before any trial court, tribunal, board or officer, to represent indigent clients accepted by the
legal clinic of the law school.
Section 2. Appearance. — The appearance of the law student authorized by this rule, shall be under the direct
supervision and control of a member of the Integrated Bar of the Philippines duly accredited by the law
school. Any and all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the
supervising attorney for and in behalf of the legal clinic.
Section 3. Privileged communications. — The Rules safeguarding privileged communications between attorney and
client shall apply to similar communications made to or received by the law student, acting for the legal clinic.
Section 4. Standards of conduct and supervision. — The law student shall comply with the standards of professional
conduct governing members of the Bar. Failure of an attorney to provide adequate supervision of student practice
may be a ground for disciplinary action. (Circular No. 19, dated December 19, 1986).
2. Before any other court, a party may conduct his litigation personally but if he gets someone to aid him, that someone
must be authorized member of the Bar (Sec. 34, Rule 138, RRC);
NOTE: A non-lawyer conducting his own litigation is bound by the same rules in conducting the trial case. He cannot after
judgment, claim that he was not properly represented.
3. Criminal case before the MTC in a locality where a duly licensed member of the Bar is not available, the judge may
appoint a non- lawyer who is a:
4. Any official or other person appointed or designated to appear for the Government of the Philippines in accordance
with law (Sec. 33, Rule 138, RRC).
NOTE: Such person shall have all the rights of a duly authorized member of the Bar to appear in any case in which said
government has a direct or indirect interest (Sec. 33, Rule 138, RRC).
NOTE: He is not, however, entitled to attorney’s fees under Article 222 of the Labor Code for not being a lawyer (Five J. Taxi v.
NLRC, G.R. No. 111474, August 22, 1994).
2. Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Sec. 9, Act No. 2259).
1. Proceedings before the Small Claims Court - No attorney shall appear in behalf of or represent a party at the hearing,
unless the attorney is the plaintiff or defendant (Sec. 17, Rule of Procedure for Small Claims Cases).
NOTE: If the court determines that a party cannot properly present his/her claim or defense and needs assistance, the court may, in
its discretion, allow another individual who is not an attorney to assist that party upon the latter’s consent. (Sec. 17, Rule of
Procedure for Small Claims Cases)
2. Proceedings before the Katarungang Pambarangay - During the pre-trial conference under the Rules of Court, lawyers
are prohibited from appearing for the parties. Parties must appear in person only except minors or incompetents who may be
assisted by their next of kin who are not lawyers (P.D. No. 1508, Formerly Sec. 9; Local Government Code of 1991, R.A. 7160, Sec.
415).
NOTE: These prohibitions shall continue to apply for a period of 1 year after resignation, or separation from public office.
The 1-year prohibition shall also apply in connection with any matter before the office he used to be with.
Public officials not allowed to engage in law practice (Absolute Prohibition) [JOPPC2OMS]:
1. Judges and other officials and employees of the Supreme Court (Sec. 35, Rule 148, RRC);
2. Officials and employees of the OSG (Ibid.);
3. Government Prosecutors (People v. Villanueva, G.R. No. L-19450, May 27, 1965);
4. President, Vice-President, Members of the Cabinet, their deputies and assistants (Sec. 13, Art VII, 1987 Constitution);
5. Members of the Constitutional Commission (Sec. 2, Art IX-A, 1987 Constitution);
6. Civil Service Officers or employees whose duties and responsibilities require that their entire time be at the disposal of the
government (Ramos v. Rada, A.M. No. 202, July 22, 1975);
7. Ombudsman and his deputies (Sec. 8 [second par.], Art. IX, 1987 Constitution);
8. All governors, city and municipal Mayors (Sec. 90, R.A. No. 7160); and
9. Those prohibited by Special laws.
NOTE: What is prohibited is to “personally appear” in court and other bodies. The word “appearance” includes not only
arguing a case before any such body but also filing a pleading on behalf of a client as “by simply filing a formal motion, plea, or
answer.”
2. Under the Local Government Code (Sec. 91, RA 7160), Sanggunian members may practice their professions provided that if
they are members of the Bar, they shall NOT:
a. Appear as counsel before any court in any civil case wherein a local government unit or any office, agency, or
instrumentality of the government is the adverse party;
b. Appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an
offense committed in relation to his office;
c. Collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an
official; or
d. Use property and personnel of the government except when the Sanggunian member concerned is defending the interest of
the government.
3. Under Sec. 1, R.A. 910, as amended, a retired justice or judge receiving pension from the government, cannot act as counsel:
a. In any civil case in which the Government, or any of its subdivision or agencies is the adverse party; or
b. In a criminal case wherein an officer or employee of the Government is accused of an offense in relation to his office; nor
c. Collect any fees for his appearance in any administrative proceedings to maintain an interest adverse to the government,
provincial or municipal, or to any of its legally constituted officers (Sec. 1, R.A. 910).
4. Civil service officers and employees without permit from their respective department heads (Noriega v. Sison, A.M. No. 2266,
October 27, 1983).
5. A former government attorney cannot, after leaving government service, accept engagement or employment in connection
with any matter in which he had intervened while in the said service (Rule 6.03, CPR).
1. Uphold the Constitution and obey the laws of the land and legal processes
2. Make legal services available in an efficient and convenient manner
3. Use of true, honest, fair, dignified and objective information in making known legal services
4. Participate in the improvement of the legal system
5. Keep abreast of legal development and participate in continuing legal education program and assist in disseminating
information regarding the law and jurisprudence
6. Applicability of the CPR to lawyers in the government service
Section 10. Effect of non-payment of dues. — Subject to the provisions of Section 12 of this Rule, default in
the payment of annual dues for six months shall warrant suspension of membership in the Integrated Bar,
and default in such payment for one year shall be a ground for the removal of the name of the delinquent
member from the Roll of Attorneys.
Section 11. Voluntary termination of membership; re-instatement. — A member may terminate his
membership by filing a written notice to that effect with the Secretary of the Integrated Bar, who shall
immediately bring the matter to the attention of the Supreme Court. Forthwith he shall cease to be a member
and his name shall be stricken by the Court from the Roll of Attorneys. Reinstatement may be made by the
Court in accordance with rules and regulations prescribed by the Board of Governors and approved by the
Court.
NOTE: Membership dues are not prohibited by the Constitution. The fee is imposed as a regulatory measure, designed to raise funds
for carrying out the purposes and objectives of the integration (In the Matter of IBP Membership dues delinquency of Atty. Marcial
Edillon, A.M. No. 1928, August 3, 1978).
3. To the courts (Canons 10 to 13)
CHAPTER 3
THE LAWYER AND THE COURTS
(Canons 10-13)
10. Owes candor, fairness and good faith to the court
11. Observe and maintain the respect due to the courts and judicial officers and should insist on similar conduct by others
12. Duty to assist in the speedy and efficient administration of justice
13. Rely upon the merits of his cause, refrain from any impropriety which tends to influence courts, or give the appearance of
influencing the courts
4. To the clients
a. Canons 14 to 22
CHAPTER 4
THE LAWYER AND THE CLIENT
(Canons 14-22)
14. Not to refuse his services to the needy
15. Observe candor, fairness and loyalty in all his dealings and transactions with clients
16. Hold in trust all the moneys and property of his client that may come to his possession
17. Owes fidelity to client’s cause and be mindful of the trust and confidence reposed in him
18. Serve client with competence and diligence
19. Represent client with zeal within the bounds of law
20. Charge only fair and reasonable fees
21. Preserve the confidence and secrets of client even after the attorney-client relation is terminated
22. Withdraw services only for good cause and upon notice
b. Attorney’s fees
CANON 20 A lawyer shall charge only fair and reasonable fees
GR: Only lawyers are entitled to attorney’s fees. The same cannot be shared with a non-lawyer. It is unethical.
XPNs: A lawyer may divide a fee for legal services with persons not licensed to practice law:
i. Acceptance fees
An acceptance fee is not a contingent fee, but is an absolute fee arrangement which entitles a lawyer to get paid for his efforts
regardless of the outcome of the litigation. Dissatisfaction from the outcome of the cases would not render void the retainer
agreement for Atty. Jack appears to have represented the interest of Rose. (Yu v. Bondal, A.C. No. 5534, January 17, 2005)
ii. Contingency fee arrangements
Contingent fee where the lawyer is paid for his services depending on the success of the case. This applies usually in civil suits
for money or property where the lawyer’s fee is taken from the award granted by the court.
Acceptance of an initial fee before or during the progress of the litigation detract from the contingent nature of the
fees
The acceptance of an initial fee before or during the progress of the litigation does not detract from the contingent nature of
the fees, as long as the bulk thereof is made dependent upon the successful outcome of the action. (Francisco v. Matias, G.R.
No. L-16349, January 31, 1964)
Requisites in order for an attorney to be able to exercise his retaining lien [ALU]
1. Attorney-client relationship;
2. Lawful possession by the lawyer of the client’s funds, documents and papers in his professional capacity; and
3. Unsatisfied claim for attorney’s fees or disbursements.
Attorney’s charging lien
A charging lien is the right of a lawyer to the same extent upon all judgments for the payment of money, and executions
issued in pursuance of such judgments which he has secured in a litigation of his client, from and after the time when he shall
have caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgment, or
issuing such execution, and shall have caused written notice thereof to be delivered to his client and to the adverse party; and
he shall have the same right and power over such judgments and executions as his client would have to enforce his lien and
secure the payment of his fees and disbursements. (Sec. 37, Rule 138, RRC)
Requisites in order for an attorney to be able to exercise his charging lien
1. Existence of attorney-client relationship;
2. The attorney has rendered services;
3. Favorable money judgment secured by the counsel for his client;
4. The attorney has a claim for attorney’s fees or advances; and
5. A statement of the claim has been duly recorded in the case with notice thereof served upon the client and the adverse
party.
NOTE: A charging lien, to be enforceable as a security for the payment of attorney’s fees, requires as a condition sine qua non
a judgment for money and execution in pursuance of such judgment secured in the main action by the attorney in favor of his
client.
RETAINING Lien vs. CHARGING Lien
1. Retaining Lien - right of the attorney to retain the funds, documents, and papers of his client which have lawfully come
into his possession until his lawful fees and disbursements have been paid and to apply such funds to the satisfaction thereof.
2. Charging Lien - right which the attorney has upon all judgments for the payment of money, and executions issued in
pursuance of said judgments, which he has secured in litigation of his client.
Under this rule, this lien, whether retaining or charging, takes legal effect only from and after, but not before, notice of said
lien has been entered in the record and served on the adverse party (Elena De Caiña, et al. v. Hon. Victoriano, et al., G.R. No. L-
12905, February 26, 1959).
Lawyer-referral system
Under this system, if another counsel is referred to the client, and the latter agrees to take him as collaborating counsel, and
there is no express agreement on the payment of attorney’s fees, the said counsel will receive attorney’s fees in proportion to
the work performed and responsibility assumed. The lawyers and the client may agree upon the proportion but in case of
disagreement, the court may fix the proportional division of fees. (Lapena, 2009)
Rule 20.03, Canon 20
A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs, commission,
interest, rebate or forwarding allowance or other compensation whatsoever related to his professional employment
from anyone other than the client. (1997, 2003 Bar)
It is intended to secure the fidelity of the lawyer to his client’s cause and to prevent a situation in which the receipt by him of
a rebate or commission from another with the client’s business may interfere with the full discharge of his duty to his client
(Report of the IBP Committee).
GR: Fees shall be received from the client only.
v. Quantum meruit
Instances when the measure of quantum meruit may be resorted to (2007 Bar)
1. There is no express contract for payment of attorney’s fees agreed upon between the lawyer and the client;
2. Although there is a formal contract for attorney’s fees, the stipulated fees are found unconscionable or unreasonable by the
court;
3. The contract for attorney’s fees is void due to purely formal matters or defects of execution;
4. The counsel, for justifiable cause, was not able to finish the case to its conclusion;
5. Lawyer and client disregard the contract for attorney’s fees; and
6. The client dismissed his counsel before the termination of the case.
Champertous contract
Is one where the lawyer stipulates with his client in the prosecution of the case that he will bear all the expenses for the
recovery of things or property being claimed by the client, and the latter agrees to pay the former a portion of the thing or
property recovered as compensation. It is void for being against public policy (like gambling).
Powers of the Court of Appeals and the Regional Trial Courts [SWARP]
They are also empowered to:
1. Suspend an attorney from practice for any of the causes named in Sec 27, Rule 138 until further action of
the Supreme Court in the case (Sec. 16, Rule 139-B);
2. Warn;
3. Admonish;
4. Reprimand; and
5. Probation (IBP Guidelines)
2. Grounds
Specific grounds for suspension or disbarment of a lawyer
1. Deceit;
2. Malpractice;
3. Grossly immoral conduct;
4. Conviction of a crime involving moral turpitude;
5. Violation of oath of office;
6. Willful disobedience of any lawful order of a superior court;
7. Corrupt or willful appearance as an attorney for a party to a case without authority to do so (Sec. 27, Rule
138, RRC);
8. Non-payment of IBP membership dues (Santos, Jr. v. Atty. Llamas, Adm. Case No. 4749, January 20, 2000).
Other statutory grounds for suspension and disbarment of members of the bar
1. Acquisition of interest in the subject matter of the litigation, either through purchase or assignment (Art.
1491, NCC);
2. Breach of professional duty, inexcusable negligence, or ignorance, or for the revelation of the client’s
secrets (Art. 208, RPC);
3. Representing conflicting interests (Art. 209, RPC).
Other grounds for discipline
1. Non-professional misconduct
GR: A lawyer may not be suspended or disbarred for misconduct in his non-professional or private capacity.
XPN: Where such is so gross as to show him to be morally unfit for office or unworthy of privilege, the court
may be justified in suspending or removing him from the Roll of Attorneys. (2005 Bar Question)
2. Gross immorality – An act of personal immorality on the part of a lawyer in his private relation with
opposite sex may put his character in doubt. But to justify suspension or disbarment, the act must not only be
immoral, it must be grossly immoral (Abaigar v. Paz, A.M. No. 997, September 10, 1979).
NOTE: Cohabitation per se is not grossly immoral. It depends on circumstances and isnot necessary that there
be prior conviction for an offense before lawyer may be disciplined for gross immorality. If the evidence is not
sufficient to hold a lawyer liable for gross immorality, he may still be reprimanded where evidence shows
failure on his part to comply with rigorous standards of conduct required from lawyers.
3. Conviction of a crime involving moral turpitude – All crimes of which fraud or deceit is an element or those
inherently contrary to rules of right conduct, honesty or morality in civilized community.
4. Promoting to violate or violating penal laws
5. Misconduct in discharge of official duties – A lawyer who holds a government office may not be disciplined
as a member of the bar for misconduct in the discharge of his duties as government official.
Initiation of disbarment
Any interested person or the court motu proprio may initiate disciplinary proceedings. There can be no doubt
as to the right of a citizen to bring to the attention of the proper authority acts and doings of public officers
which citizens feel are incompatible with the duties of the office and from which conduct the citizen or the
public might or does suffer undesirable consequences. (2000 Bar Question)
NOTE: A disbarment proceeding may proceed regardless of interest or lack of interest of the complainant
(Rayos-Ombac v. Rayos, A.C. No. 2884, January 28, 1998). However, if the complainant refuses to testify and the
charges cannot then be substantiated, the court will have no alternative but to dismiss the case.
Thus, according to the OBC, a suspended lawyer must first present proof(s) of his compliance by submitting
certifications from the Integrated Bar of the Philippines and from the Executive Judge that he has indeed
desisted from the practice of law during the period of suspension. Thereafter, the Court, after evaluation, and
upon a favorable recommendation from the OBC, will issue a resolution lifting the order of suspension and thus
allow him to resume the practice of law (Maniago v. Atty. De Dios, A.C. No. 7472, March 30, 2010).
NOTE: Whether or not the applicant shall be reinstated rests on the discretion of the court
The court may require applicant for reinstatement to enroll in and pass the required fourth year review
classes in a recognized law school (Cui v. Cui, In Re: Resian, A.C. No. 270, March 20, 1974).
Other effects of reinstatement
1. Recognition of moral rehabilitation and mental fitness to practice law;
2. Lawyer shall be subject to the same law, rules and regulations as those applicable to any other lawyer; and
3. Lawyer must comply with the conditions imposed on his readmission.
1. Requirements
Requirements of completion of MCLE
Members of the IBP, unless exempted under Rule 7, shall complete every 3 years at least 36 hours of
continuing legal education activities. The 36 hours shall be divided as follows:
1. 6 hours – legal ethics
2. 4 hours – trial and pretrial skills
3. 5 hours – alternative dispute resolution
4. 9 hours – updates on substantive and procedural laws and jurisprudence
5. 4 hours – legal writing and oral advocacy
6. 2 hours – international law and international conventions
7. Remaining 6 hours – such other subjects as may be prescribed by the Committee on MCLE
2. Compliance
NON-COMPLIANCE OF THE MCLE
1. Failure to complete education requirement within the compliance period;
2. Failure to provide attestation of compliance or exemption;
3. Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the
prescribed period;
4. Failure to satisfy the education requirement and furnish evidence of such compliance within 60 days from
receipt of non-compliance notice;
5. Failure to pay non-compliance fee within the prescribed period; or
6. Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance
with the MCLE requirements.
NOTE: Members failing to comply will receive a Non-Compliance Notice stating the specific deficiency and
will be given 60 days from date of notification to file a response.
3. Exemptions
Persons exempted from the MCLE
1. The President, Vice-President and the Secretaries and Undersecretaries of Executive Departments;
2. Senators and Members of the House of Representatives;
3. The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired members of the
judiciary, incumbent members of Judicial Bar Council, incumbent members of the MCLE Committee,
incumbent court lawyers who have availed of the Philippine Judicial Academy programs of continuing judicial
education (Amendment to Bar Matter 850, Resolution of the Court En Banc, July 13, 2004);
4. The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Dept. of Justice;
5. The Solicitor General and the Assistant Solicitor General;
6. The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel;
7. The Chairman and Members of the Constitutional Commissions;
8. The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen and the Special Prosecutor of
the Office of the Ombudsman;
9. Heads of government agencies exercising quasi-judicial functions;
10. Incumbent deans, bar reviewers and professors of law who have teaching experience for at least 10 years
in accredited law schools;
11. The Chancellor, Vice-Chancellor and members of the Corps of Professional and Professorial Lecturers of
the Philippine Judicial Academy; and
12. Governors and Mayors because they are prohibited from practicing their profession
4. Sanctions
Consequences of non-compliance
A member who fails to comply with the requirements after the 60-day period shall be listed as delinquent
member by the IBP Board of Governors upon recommendation of the Committee on MCLE.
NOTE: The listing as a delinquent member is an administrative in nature but it shall be made with notice and
hearing by the Committee on MCLE. B.M. No. 1922, which took effect on January 1, 2009, requires practicing
members of the bar to indicate in all pleadings filed before the courts or quasi-judicial bodies, the number and
date of issue of their MCLE Certificate of Compliance or Certificate of Exemption, as may be applicable, for the
immediately preceding compliance period. Failure to disclose the required information would cause the
dismissal of the case and the expunction of the pleadings from the records.
NOTE: The period of 2 years of a notarial commission will commence at January first regardless of when it was
really granted and will end at exactly 2 years from said date of commencement up to December of the 2nd year.
Ex. Atty. Antonio applied for and was given notarial commission on 12 November 2010, such term will expire
on 31 December 2011
Section 1. Disqualification of judges. — No judge or judicial officer shall sit in any case in which he,
or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise, or in which he is
related to either party within the sixth degree of consanguinity or affinity, or to counsel within the
fourth degree, computed according to the rules of the civil law, or in which he has been executor,
administrator, guardian, trustee or counsel, or in which he has been presided in any inferior court
when his ruling or decision is the subject of review, without the written consent of all parties in
interest, signed by them and entered upon the record.
A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just
or valid reasons other than those mentioned above.
Section 2. Objection that judge disqualified, how made and effect. — If it be claimed that an official
is disqualified from sitting as above provided, the party objecting to his competency may, in writing,
file with the official his objection, stating the grounds therefor, and the official shall thereupon
proceed with the trial, or withdraw therefrom, in accordance with his determination of the question of
his disqualification. His decision shall be forthwith made in writing and filed with the other papers in
the case, but no appeal or stay shall be allowed from, or by reason of, his decision in favor of his
own competency, until after final judgment in the case.
1. Compulsory
Disqualification of justices and judges
GR: Section 1 of Rule 137 provides that a judge is mandated by law to be disqualified under any of the
following instances:
1. The judge, or his wife, or child is pecuniarily interested as heir, legatee, or creditor
2. The judge is related to either party of the case within the sixth degree of consanguinity or affinity, or to the
counsel within the fourth degree (computed according to the rule of civil law)
3. The judge has been an executor, administrator, guardian, trustee or counsel
4. The judge has presided in any inferior court when his ruling or decision is the subject of
review
XPN: The same rule also provides that the judge may hear and decide the case despite the presence
of a disqualification provided the interested parties both give their written consent, signed by them and
entered upon the record. It has been decided by the Supreme Court that oral consent is not valid, even
though both parties have agreed (Lazo v. Judge Tiong, A.M. No. MTJ-98-1173, December 15, 1998).
2. Voluntary VOLUNTARY
Voluntary Inhibition according to the Rules of Court states that a judge through the exercise of sound
discretion, disqualify himself from sitting in a case, for just or valid reasons other than those mentioned
above.
NOTE: A presiding judge must maintain and preserve the trust and faith of the parties-litigants. He must hold
himself above reproach and suspicion. At the very sign of lack of faith and trust in his actions, whether well-
grounded or not, the judge has no other alternative but to inhibit himself from the case (Gutang v. Court of
Appeals, G.R. No. 124760 July 8, 1998).
The self-examination of the judge is necessary. He should exercise his discretion in a way that people’s
faith in the courts of justice will not be impaired. His decision, as to whether to hear the case or not
should be based and dependent on giving importance to the public confidence in the impartiality of a judge.
C. Administrative jurisdiction of the Supreme Court over Judges and Justices (all levels)
III. PRACTICAL EXERCISES
1. That I am the ____________________in the above-entitled case and have caused this
___________________________________ to be prepared; that I read and understood its contents which are true and
correct of my own personal knowledge and/or based on authentic records.
2. That I have not commenced any action of proceeding involving the same issue in the Supreme Court, the
Court of Appeals or any other tribunal or agency; that to the best of my knowledge, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals or any tribunal or agency, and that, if I
should learn thereafter that a similar action or proceeding has been filed or is pending before these courts of
tribunal or agency, I undertake to report that the fact to the Court within five (5) days therefrom.
IN WITNESS WHEREFOR, I have hereunto set my hand this ____ day of __________________,20____.
Affiant SUBSCRIBED AND SWORN to before me this______day of _______________, 20_____ .
NOTARY PUBLIC
F. Judicial Affidavits
G. Notarial certificates: jurat and acknowledgement
H. Motions for extension of time, to dismiss, and to declare in default