LEGAL ETHICS Bar Matter No.

1153
Branch of Moral Science which treats of the duties an Re: Letter of Atty. Estelito P. Mendoza Proposing
attorney owes to the court, to his client, to his Reforms in the Bar Examinations Through Amendments
colleagues in the profession and to the public as to Rule 138 of the Rules of Court.
embodied in the Constitution, Rules of Court, the Code
of Professional Responsibility, Canons of Professional The Court Resolved to APPROVE the proposed
Ethics, jurisprudence, moral law and special laws. amendments to Sections 5 and 6 of Rule 138.

A. PRACTICE OF LAW SEC. 5.Additional Requirement for Other Applicants. —

All applicants for admission other than those referred to
1. Concept in the two preceding sections shall, before being
Any activity, in or out of the court, which requires the admitted to the examination, satisfactorily show that
application of law, legal procedure, knowledge, training they have successfully completed all the prescribed
and experience. courses for the degree of Bachelor of Laws or its
(Cayetano vs Monsud, GR 100113, Sept 3, 1991) equivalent degree, in a law school or university officially
recognized by the Philippine Government or by the
Practice of Law is more than an isolated appearance for proper authority in the foreign jurisdiction where the
it consists in frequent or customary action. degree has been granted.

2. Qualifications for Admission to the Bar No applicant who obtained the Bachelor of Laws degree
in this jurisdiction shall be admitted to the bar
Who may practice law examination unless he or she has satisfactorily
completed the following course in a law school or
Any person heretofore duly admitted as a member of university duly recognized by the government: civil
the bar, or hereafter admitted as such in accordance law, commercial law, remedial law, criminal law, public
with the provisions of the rule, and who is in good and and private international law, political law, labor and
regular standing, is entitled to practice law (Sec. 1, Rule social legislation, medical jurisprudence, taxation and
138, Rules of Court). legal ethics.

A Filipino citizen who graduated from a foreign law

“Private practice of law” contemplates a succession of school shall be admitted to the bar examination only
acts of the same nature habitually or customarily upon submission to the Supreme Court of
holding one’s self to the public as a lawyer. certifications showing: (a) completion of all courses
leading to the degree of Bachelor of Laws or its
QUALIFICATIONS equivalent degree; (b) recognition or accreditation of
C21-GRENAPOS the law school by the proper authority; and (c)
completion of all the fourth year subjects in the
1. A Citizen of the Philippines; Bachelor of Laws academic program in a law school duly
2. At least 21 years of age; recognized by the Philippine Government.
3. Of Good moral character;
4. A Resident of the Philippines; SEC. 6. Pre-Law. — An applicant for admission to the
5. Must produce before the SC satisfactory Evidence of bar examination shall present a certificate issued by the
good moral character; proper government agency that, before commencing
6. No charges against him, involving moral turpitude, the study of law, he or she had pursued and
have been filed or are pending in any court in the satisfactorily completed in an authorized and
Philippines (Sec. 2, Rule 138, RRC) recognized university or college, requiring for admission
7. Must have complied with the Academic thereto the completion of a four-year high school
requirements; course, the course of study prescribed therein for a
8. Must Pass the bar examinations; bachelor's degree in arts or sciences.
9. Take the lawyer’s Oath; and
10. Sign the Roll of Attorneys. A Filipino citizen who completed and obtained his or
her Bachelor of Laws degree or its equivalent in a
Passing the Bar examination is not sufficient for foreign law school must present proof of having
admission of a person to the Philippine Bar. He still has completed a separate bachelor's degree course.
to take the oath of office and sign the Roll of
Attorney’s as prerequisites to admission. 3. Continuing requirements for membership in the bar

a. Filipino citizenship is a requirement for admission

to the bar and is, in fact, a continuing requirement
for the practice of law.

Page 1 of 18
b. Good moral character is a continuing iv. Any official or other person appointed or
requirement. designated to appear for the Government of
Well-settled is the rule that good moral character the Philippines in accordance with law (Sec. 33,
is not only a condition precedent for admission to Rule 138, RRC).
the legal profession, but it must also remain intact
in order to maintain one’s good standing in that v. Under the Labor Code, non-lawyers may appear
exclusive and honored fraternity. before the NLRC or any Labor Arbiter, if:

4. Appearance of Non-Lawyers a. They represent themselves; or

A. Law student practice rule (Rule 138-A) b. They represent their organization or
members thereof (Art. 222, PD 442, as
i. Has successfully completed his third year of the amended) (2002 Bar); or
regular four-year prescribed law curriculum.
c. If they are duly accredited members of any
ii. Enrolled in a recognized law school’s clinical legal aid office duly recognized by the
legal education program approved by the Department of Justice, or the Integrated Bar of
Supreme Court. the Philippines in cases referred to by the latter
.
iii. Appear without compensation in any civil, vi. Under the Cadastral Act, a non-lawyer can
criminal or administrative case before any trial represent a claimant before the Cadastral Court
court, tribunal, board or officer, to represent (Sec. 9, Act No. 2259).
indigent clients accepted by the legal clinic of
the law school C. Proceedings where lawyers are prohibited from
appearing as counsels
iv. Appearance of the law student is under the
direct supervision and control of a member of i. Proceedings before the Small Claims Court - No
the Integrated Bar of the Philippine duly attorney shall appear in behalf of or represent a
accredited by the law school. party at the hearing, unless the attorney is the
plaintiff or defendant (Sec. 17, Rule of
v. Any and all pleadings, motions, briefs, Procedure for Small Claims Cases).
memoranda or other papers to be filed, must
be signed by the supervising attorney for and ii. Proceedings before the Katarungang
in behalf of the legal clinic. Pambarangay - During the pre-trial conference
under the Rules of Court, lawyers are prohibited
vi. The law student shall comply with the standards from appearing for the parties. Parties must
of professional conduct governing members of appear in person only except minors or
the Bar. Failure of an attorney to provide incompetents who may be assisted by their next
adequate supervision of student practice may of kin who are not lawyers (P.D. No. 1508,
be a ground for disciplinary action Formerly Sec. 9; Local Government Code of
1991, R.A. 7160, Sec. 415).
B. Non-Lawyers in Courts
5. Prohibited practice of non-lawyers and appearance
i. Cases before the MTC: A party to the litigation, without authority.
may conduct his own case or litigation in
person, with the aid of an agent or friend Limits on the appearance of non-lawyers
appointed by him for that purpose (Sec. 34,
Rule 138, RRC); 1. He should confine his work to non-adversary
contentions;
ii. Criminal case before the MTC in a locality
where a duly licensed member of the Bar is not 2. He should not undertake purely legal work, such as
available, the judge may appoint a non- lawyer the examination or cross- examination of witnesses, or
who is a: the presentation of evidence; and
a. Resident of the province; and
b. Of good repute for probity and ability to aid 3. His services should not be habitually rendered. He
the accused in his defense should not charge or collect attorney’s fees (PAFLU v.
Binalbagan Isabela Sugar Co., G.R. No. L-23959,
iii. Before any other court, a party may conduct November 29, 1971)
his litigation personally but if he gets someone
to aid him, that someone must be authorized 6. Public officials and the practice of law; prohibitions
member of the Bar (Sec. 34, Rule 138, RRC); and disqualifications.

Page 2 of 18
Public Officials 7. Ombudsman and his deputies (Sec. 8 [second par.],
Includes elective or appointive officials and employees, Art. IX, 1987 Constitution);
permanent or temporary, whether in the career or non-
career service, including military and police personnel, 8. All governors, city and municipal Mayors (Sec. 90,
whether or not they receive compensation, regardless R.A. No. 7160); and
of amount (Sec. 3 (b), R.A. No. 6713, Code of Conduct
and Ethical Standards for Public Officials and 9. Those prohibited by Special laws.
Employees).
Restrictions on the Practice of Law on Certain
Prohibited acts or omissions of public officers individuals (RELATIVE PROHIBITION)

1. Accepting or having any member of his family accept 1. No Senator or member of the House of
employment in a private enterprise which has pending Representatives may personally “appear” as counsel
official business with him during the pendency thereof before any court of justice or before the Electoral
or within one year after termination. (Sec. 3[d], RA Tribunals, or quasi-judicial and other administration
3019); bodies (Sec. 14, Art. VI, 1987 Constitution).

2. Own, control, manage or accept employment as 2. Under the Local Government Code (Sec. 91, RA
officer, employee, consultant, counsel, broker, agent, 7160), Sanggunian members may practice their
trustee or nominee in any private enterprise regulated, professions provided that if they are members of the
supervised or licensed by their office unless expressly Bar, they shall NOT:
allowed by law (Sec. 7[b], RA 6713);
a. Appear as counsel before any court in any civil
3. A lawyer shall not, after leaving a government case wherein a local government unit or any office,
service, accept engagement or employment in agency, or instrumentality of the government is
connection with any matter in which he had intervened. the adverse party;
while in said service (Rule 6.03, CPR); and b. Appear as counsel in any criminal case wherein
an officer or employee of the national or local
4. A lawyer should not accept employment as an government is accused of an offense committed in
advocate in any matter upon the merits which he has relation to his office;
previously acted in a judicial capacity (Canon 36, CPE). c. Collect any fee for their appearance in
administrative proceedings involving the local
These prohibitions shall continue to apply for a period government unit of which he is an official; or
of 1 year after resignation, or separation from public d. Use property and personnel of the government
office. The 1-year prohibition shall also apply in except when the Sanggunian member concerned is
connection with any matter before the office he used to defending the interest of the government.
be with.
3. Under Sec. 1, R.A. 910, as amended, a retired justice
Public officials not allowed to engage in law practice or judge receiving pension from the government,
(ABSOLUTE PROHIBITION) [JOPPC2OMS]: cannot act as counsel:

1. Judges and other officials and employees of the a. In any civil case in which the Government, or
Supreme Court (Sec. 35, Rule 148, RRC); any of its subdivision or agencies is the adverse
party; or
2. Officials and employees of the OSG (Ibid.); b. In a criminal case wherein an officer or
employee of the Government is accused of an
3. Government Prosecutors (People v. Villanueva, G.R. offense in relation to his office; nor
No. L-19450, May 27, 1965); c. Collect any fees for his appearance in any
administrative proceedings to maintain an
4. President, Vice-President, Members of the Cabinet, interest adverse to the government, provincial or
their deputies and assistants (Sec. 13, Art VII, 1987 municipal, or to any of its legally constituted
Constitution); officers (Sec. 1, R.A. 910).

5. Members of the Constitutional Commission (Sec. 2, 4. Civil service officers and employees without permit
Art IX-A, 1987 Constitution); from their respective department heads (Noriega v.
Sison, A.M. No. 2266, October 27, 1983).
6. Civil Service Officers or employees whose duties and
responsibilities require that their entire time be at the 5. A former government attorney cannot, after leaving
disposal of the government (Ramos v. Rada, A.M. No. government service, accept engagement or
202, July 22, 1975); employment in connection with any matter in which he
had intervened while in the said service (Rule 6.03,
CPR).
Page 3 of 18
B. DUTIES AND RESPONSIBILITIES OF A LAWYER UNDER stricken by the Court from the Roll of Attorneys (Sec.11,
THE CODE OF PROFESSIONAL RESPONSIBILITY Rule 139-A, RRC).

FOUR-FOLD DUTY OF A LAWYER Membership Dues

1. Public/Society – He must not undertake any action Every member of the Integrated Bar shall pay such
which violates his responsibility to the society as a annual dues as the Board of Governors shall determine
whole, he must be an example in the community for his with the approval of the Supreme Court. A fixed sum
uprightness as a member of the society. The lawyer equivalent to ten percent (10%) of the collections from
must be ready to render legal aid, foster legal reforms, each Chapter shall be set aside as a Welfare Fund for
be a guardian of due process, and aware of his special disabled members of the Chapter and the compulsory
role in the solution of special problems and be always heirs of deceased members thereof. (Sec. 9, Rule 139-A,
ready to lend assistance in the study and solution of RRC)
social problems (Canon 1-6, CPR).
NOTE: Membership dues are not prohibited by the
2. Bar/Legal Profession – Observe candor, fairness, Constitution. The fee is imposed as a regulatory
courtesy and truthfulness in his conduct towards other measure, designed to raise funds for carrying out the
lawyers, avoid encroachment in the business of other purposes and objectives of the integration (In the
lawyers and uphold the honor of the profession. (Canon Matter of IBP Membership dues delinquency of Atty.
7-9, CPR) Marcial Edillon, A.M. No. 1928, August 3, 1978).

INTEGRATED BAR OF THE PHILIPPINES Effect of non-payment of dues

It is an official national body composed of all persons Default in the payment of annual dues for six months
whose names now appear or may hereafter be included shall warrant suspension of membership in the
in the Roll of Attorneys of the Supreme Court (Sec. 1, Integrated Bar, and default in such payment for one
Rule 139-A, RRC). year shall be a ground for the removal of the name of
the delinquent member from the Roll of Attorneys
It is a national organization of lawyers created on 16 (Sec. 10, Rule 139-A, RRC) subject to the requirement of
January 1973 under Rule 139-A of the Rules of Court, due process. (Funa, 2009)
and constituted on 4 May 1973 into a body corporate
by PD No. 181. 3. Courts – A lawyer must maintain towards the court a
respectful attitude, defend against unjust criticisms,
Fundamental purposes of the IBP uphold the court’s authority and dignity, obey court
1. To elevate the standards of the legal profession; orders and processes, assists in the administration of
2. Improve the administration of justice; and justice (Canon 10-13, CPR).
3. Enable the Bar to discharge its public responsibility
more effectively (Sec. 2, Rule 139-A, RRC).

Concept of IBP Membership

To compel a member of the Integrated Bar is not

violative of his constitutional freedom to associate.
Integration does not make a lawyer a member of any
group of which he is not already a member. He became
a member of the Bar when he passed the Bar
Examinations. All that integration actually does is to
provide an official national organization for the well-
defined but unorganized group of which every lawyer is
already a member.

Assuming that the questioned provision does in a sense

compel a lawyer to be a member of the Integrated Bar,
such compulsion is justified as an exercise of the police
power of the State.

Procedure for voluntary termination of membership

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
Page 4 of 18
4. Clients – The lawyer owes entire devotion to the It is like a contract subject to a suspensive
interest of his client, warm and zeal in the maintenance condition wherein the obligation to pay the
of the defense of his rights and exertion of utmost counsel is based upon the outcome of the case.
learning ability to the end that nothing be taken or
withheld from his client except in accordance with law. Contingent fees are sanctioned by the CPE and
He owes a duty of competent and zealous by the CPR subject to certain limitations.
representation to the client, and should preserve his (Licudan v. CA, G.R. No. 91958, January 24,
client’s secrets, preserve his funds and property and 1991)
avoid conflicts of interest (Canon 14- 22, CPR).
iii. Attorney’s Liens
a. Attorney’s Fees A retaining lien is the right of an attorney to
It is well-settled that attorney's fee is understood both retain the funds, documents and papers of his
in its ordinary and extraordinary concept. 1In its client who have lawfully come into his
ordinary sense, attorney's fee refers to the reasonable possession and may retain the same until his
compensation paid to a lawyer by his client for legal lawful fees and disbursements have been paid,
services rendered. and may apply such funds to the satisfaction
Meanwhile, in its extraordinary concept, attorney's fee thereof.
is awarded by the court to the successful litigant to be NOTE: A lawyer is not entitled to unilaterally
paid by the losing party as indemnity for damages.2 appropriate his client’s money for himself by
the mere fact alone that the client owes him
Generally, the amount of attorney’s fees due is that attorney’s fees. (Rayos v. Hernandez, G.R. No.
stipulated in the retainer agreement which is 169079, February 12, 2007)
conclusive as to the amount of lawyer’s compensation
(Funa, 2009) unless the stipulated amount in the Requisites in order for an attorney to be able
written contract is found by the court to be to exercise his RETAINING LIEN [ALU]
unconscionable or unreasonable. 1. Attorney-client relationship;
2. Lawful possession by the lawyer of the
In the absence thereof, the amount of attorney’s fees is client’s funds, documents and papers in his
fixed on the basis of quantum meruit. (Sesbreno v. professional capacity; and
Court of Appeals, G.R. No. 117438, June 8, 1995; Funa, 3. Unsatisfied claim for attorney’s fees or
2009) disbursements.

Requisites in order for an attorney to be able

i. Acceptance Fee to exercise his CHARGING LIEN
Refers to the charge imposed by the lawyer for 1. Existence of attorney-client relationship;
merely accepting the case. 2. The attorney has rendered services;
This is because once the lawyer agrees to represent a 3. Favorable money judgment secured by the
client, he is precluded from handling cases of the counsel for his client;
opposing party based on the prohibition on conflict of 4. The attorney has a claim for attorney’s fees
interest. or advances; and
Thus, this incurs an opportunity cost by merely 5. A statement of the claim has been duly
accepting the case of the client which is recorded in the case with notice thereof served
therefore indemnified by the payment of upon the client and the adverse party.
acceptance fee.
Since the acceptance fee only seeks to Under this rule, this lien, whether retaining or
compensate the lawyer for the lost charging, takes legal effect only from and after,
opportunity, it is not measured by the nature but not before, notice of said lien has been
and extent of the legal services rendered.3 entered in the record and served on the
adverse party (Elena De Caiña, et al. v. Hon.
ii. Contingency Fee Arrangements Victoriano, et al., G.R. No. L-12905, February 26,
One which stipulates that the lawyer will be 1959).
paid for his legal services only if the suit or
litigation ends favorably to the client. (Taganas
v. NLRC, G.R. No. 118746, September 7, 1995)

1
Traders Royal Bank Employees Union-Independent v. NLRC,
336 Phil. 705, 712 (1997).
2
Ortiz v. San Miguel Corporation, 582 Phil. 627, 640 (2008).
3
Dalupan v. Gacott, A.C. No. 5067, June 29, 2015.
Page 5 of 18
C. SUSPENSION, DISBARMENT AND DISCIPLINE OF down as void and of no legal effect for being
LAWYERS ultra vires.

Practice of law is in the nature of a privilege. Hence, 2. Grounds

the same may be suspended or removed from the
lawyer for reasons provided in the rules, law and Specific grounds for suspension or disbarment
jurisprudence. of a lawyer
1. Deceit;
1. Nature and Characteristic of disciplinary 2. Malpractice;
actions against lawyers. 3. Grossly immoral conduct;
4. Conviction of a crime involving moral
The power to discipline a lawyer is JUDICIAL in turpitude;
nature and can be exercised only by the courts. 5. Violation of oath of office;
It cannot be defeated by the legislative or 6. Willful disobedience of any lawful order of a
executive departments. superior court;
NOTE: The power to disbar and to reinstate is 7. Corrupt or willful appearance as an attorney
an inherently judicial function (Andres v. for a party to a case without authority to do so
Cabrera, SBC- 585, February 29, 1984). (Sec. 27, Rule 138, RRC);
8. Non-payment of IBP membership dues
Administrative cases against lawyers belong to (Santos, Jr. v. Atty. Llamas, Adm. Case No. 4749,
a class of their own (sui generis). They are January 20, 2000).
distinct from and may proceed independently of
civil and criminal cases (In re Almacen, G.R. No. The statutory enumeration is not to be taken as
L-27654, February 18, 1970; Funa, 2009). a limitation on the general power of SC to
suspend or disbar a lawyer (In Re: Puno, A.C.
The purpose and the nature of disbarment No. 389, February 28, 1967). HENCE, the
proceedings make the number of defenses grounds enumerated are NOT exclusive.
available in civil and criminal actions
inapplicable in disciplinary proceedings. 3. Proceedings (Rule 139-B, Rules of Court, as
amended)
The defense of in pari delicto is immaterial in an Refer to Illustration
administrative case which is sui generis. The
administrative case is about the lawyer's 4. Recoverable amounts; intrinsically linked to
conduct, not the woman's. professional engagement

“no investigation shall be interrupted or D. READMISSION TO THE BAR

terminated by reason of the desistance,
settlement, compromise, restitution, 1. Lawyers who have been suspended
withdrawal of the charges or failure of the The lifting of a lawyer’s suspension is not
complainant to prosecute the same unless the automatic upon the end of the period stated in
Supreme Court motu proprio or upon the Court’s decision, and an order from the
recommendation of the IBP Board of Governors Court lifting the suspension at the end of the
determines that there is no compelling reason period is necessary in order to enable [him] to
to continue with the proceedings. “ resume the practice of his profession (J.K.
Mercado and Sons Agricultural Enterprises, Inc.
The Supreme Court has consistently held that a et al. v. Atty. de Vera, et al. and Atty. de Vera v.
clear preponderant evidence is necessary to Atty. Encanto, et al.)
justify the imposition of administrative penalty
considering the serious consequence of Guidelines to be observed in lifting an order of
disbarment or suspension of a member of the suspension of a lawyer
Bar (Rose Bunagan-Bansig v. Atty. Rogelio
Celera, A.C. No. 5581, January 14, 2014; Atty. The following guidelines were issued by the
Clodualdo De Jesus v. Atty. Risos-Vidal, A.C. No. Supreme Court, the same to be observed in the
7961, March 19, 2014). matter of the lifting of an order suspending a
lawyer from the practice of law:
There is NO prescriptive period for the filing of
a complaint against an erring lawyer 1. After a finding that respondent lawyer must
be suspended from the practice of law, the
Rule VII, Section 1 of the Rules of Procedure of Court shall render a decision imposing the
the CBD-IBP, which provides for a prescriptive penalty;
period for the filing of administrative 2. Unless the Court explicitly states that the
complaints against lawyers, should be struck decision is immediately executory upon receipt
Page 6 of 18
 thereof, respondent has 15 days within which development of the legal system), as well as
to file a motion for reconsideration thereof. potential for public service.
The denial of said motion shall render the 5. There must be other relevant factors and
decision final and executory; circumstances that may justify clemency.
3. Upon the expiration of the period of
suspension, RESPONDENT SHALL FILE A SUPREME COURT’S GUIDELINES IN
SWORN STATEMENT WITH THE COURT, REINSTATEMENT
through the Office of the Bar Confidant, stating 1. The applicant’s character and standing prior
therein that he or she has desisted from the to the disbarment;
practice of law and has not appeared in any 2. The nature and character of the charge for
court during the period of his or her suspension; which he was disbarred;
4. Copies of the Sworn Statement shall be 3. His conduct subsequent to the disbarment,
furnished to the Local Chapter of the IBP and and the time that has elapsed between the
to the Executive Judge of the courts where disbarment and the application for
respondent has pending cases handled by him reinstatement (Prudential Bank v. Benjamin
or her, and/or where he or she has appeared Grecia, A.C. No. 2756, December 18, 1990);
as counsel; 4. His efficient government service (In re:
5. The Sworn Statement shall be considered as Adriatico, G.R. No. L-2532, November 17, 1910);
proof of respondent’s compliance with the 5. Applicant’s appreciation of the significance
order of suspension; of his dereliction and his assurance that he
6. Any finding or report contrary to the now possesses the requisite probity and
statements made by the lawyer under oath integrity; and
shall be a ground for the imposition of a more 6. Favorable endorsement of the IBP and pleas
severe punishment, or disbarment, as may be of his loved ones (Yap Tan v. Sabandal, B.M.
warranted. No. 144, February 24, 1989).
NOTE: Whether or not the applicant shall be
2. Lawyers who have been disbard reinstated RESTS ON THE DISCRETION OF THE
COURt (Prudential Bank v. Benjamin Grecia, A.C.
Reinstatement is the restoration of the No. 2756, December 18, 1990).
privilege to practice law after a lawyer has been
disbarred. The court may require applicant for
NOTE: The power of the Supreme Court to reinstatement to enroll in and pass the
reinstate is based on its constitutional required fourth year review classes in a
prerogative to promulgate rules on the recognized law school (Cui v. Cui, In Re: Resian,
admission of applicants to the practice of law A.C. No. 270, March 20, 1974).
(Sec. 5[5], Art. VIII, 1987 Constitution).
Other effects of reinstatement
Effect of reinstatement: Wipes out the 1. Recognition of moral rehabilitation and
restrictions and disabilities resulting from a mental fitness to practice law;
previous disbarment (Cui v. Cui, G.R. No. L- 2. Lawyer shall be subject to the same law,
18727, August 31, 1964). rules and regulations as those applicable to any
other lawyer; and
Prior to actual reinstatement, the lawyer will 3. Lawyer must comply with the conditions
be required to take anew the lawyer’s oath and imposed on his readmission.
sign once again the roll of attorneys after
paying the requisite fees (Funa, 2009). EFFECT OF EXECUTIVE PARDON GRANTED BY
THE PRESIDENT
Requirements for judicial clemency for
disbarred lawyers and judges 1. Absolute or unconditional pardon - the
disbarment case will be dismissed.
1. There must be proof of remorse and 2. Conditional pardon - the disbarment case will
reformation. not be dismissed on the basis thereof.
2. Sufficient time must have elapsed from the NOTE: To be reinstated, there is still a need for
imposition of the penalty to ensure a period of the filing of an appropriate petition with the
reform. Supreme Court (In re: Rovero, A.M. No. 126,
3. The age of the person asking for clemency December 29, 1980).
must show that he still has productive years
ahead of him that can be put to good use by
giving him a chance to redeem himself.
4. There must be a showing of promise (such as
intellectual aptitude, learning or legal acumen
or contribution to the legal scholarship and the
Page 7 of 18
LAWYERS WHO HAVE BEEN REPATRIATED

“All Philippine citizens who become citizens of another

country shall be deemed not to have lost their
Philippine citizenship under the conditions of R.A.
9225.” Therefore, a Filipino lawyer who becomes a
citizen of another country is deemed never to have lost
his Philippine citizenship if he reacquires it in
accordance with R.A. 9225. Although he is also deemed
never to have terminated his membership in the
Philippine bar, no automatic right to resume law
practice accrues.
Before a lawyer who reacquires Filipino citizenship
pursuant to R.A. 9225 can resume his law practice, he
must first secure from the SC the authority to do so,
conditioned on:

1. The updating and payment in full of the annual

membership dues in the IBP;
2. The payment of professional tax;
3. The completion of at least 36 credit hours of
mandatory continuing legal education, this is especially
significant to refresh the applicant/petitioner’s
knowledge of Philippine laws and update him of legal
developments; and
4. The retaking of the lawyer’s oath which will not only
remind him of his duties and responsibilities as a lawyer
and as an officer of the Court, but also renew his pledge
to maintain allegiance to the Republic of the
Philippines (Petition for Leave to Resume Practice of
Law of Benjamin Dacanay, B.M. No. 1678, December 17,
2007).

Page 8 of 18
E. MANDATORY CONTINUING LEGAL EDUCATION (BAR 10. Incumbent deans, bar reviewers and
MATTER NO. 850, AS AMENDED) professors of law who have teaching experience
MCLE ensures that members of the IBP are kept for at least 10 years in accredited law schools;
abreast with law and jurisprudence throughout their 11. The Chancellor, Vice-Chancellor and
career, maintain the ethics of the profession and members of the Corps of Professional and
enhance the standards of the practice of law. Professorial Lecturers of the Philippine Judicial
Academy; and
1. Requirements 12. Governors and Mayors because they are
Requirements of completion of MCLE prohibited from practicing their profession
Members of the IBP, unless exempted under
Rule 7, shall complete every 3 years at least 36 Other parties exempted:
hours of continuing legal education activities. 1. Those who are not in law practice, private or
The 36 hours shall be divided as follows: public;
1. 6 hours – legal ethics 2. Those who have retired from law practice
2. 4 hours – trial and pretrial skills with the approval of the IBP Board of
3. 5 hours – alternative dispute resolution Governors.
4. 9 hours – updates on substantive and
procedural laws and jurisprudence 4. Sanctions
5. 4 hours – legal writing and oral advocacy
6. 2 hours – international law and international Consequences of non-compliance
conventions
7. Remaining 6 hours – such other subjects as A member who fails to comply with the
may be prescribed by the Committee on MCLE requirements after the 60-day period shall be
listed as delinquent member by the IBP Board
MCLE for a newly admitted member of the bar of Governors upon recommendation of the
starts on the first day of the month of his Committee on MCLE.
admission (Bar Matter No. 850, Sec. 3, Rule 3).
NOTE: The listing as a delinquent member is an
2. Compliance administrative in nature but it shall be made
3. Exemptions with notice and hearing by the Committee on
Persons exempted from the MCLE MCLE. B.M. No. 1922, which took effect on
1. The President, Vice-President and the January 1, 2009, requires practicing members
Secretaries and Undersecretaries of Executive of the bar to indicate in all pleadings filed
Departments; before the courts or quasi-judicial bodies, the
2. Senators and Members of the House of number and date of issue of their MCLE
Representatives; Certificate of Compliance or Certificate of
3. The Chief Justice and Associate Justices of the Exemption, as may be applicable, for the
Supreme Court, incumbent and retired immediately preceding compliance period.
members of the judiciary, incumbent members Failure to disclose the required information
of Judicial Bar Council, incumbent members of would cause the dismissal of the case and the
the MCLE Committee, incumbent court lawyers expunction of the pleadings from the records.
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;

Page 9 of 18
F. NOTARIAL PRACTICE (A.M. NO. 02-8-13-SC, and the Rules of Court (Section 11, Rule III, A.M.
AS AMENDED) No. 02-8-13-SC).
NOTE: The period of 2 years of a notarial
Effect of notarized document commission will commence at January first
regardless of when it was really granted and will
A document acknowledged before a notary end at exactly 2 years from said date of
public is a public document (Sec. 19, Rule 132, commencement up to December of the 2nd
RRC) and may be presented in evidence without year. Ex. Atty. Antonio applied for and was
further proof, the certificate of given notarial commission on 12 November
acknowledgment being prima facie evidence of 2010, such term will expire on 31 December
the execution of the instrument or document 2011 (2011 Bar).
involved (Sec. 30, Rule 132, RRC).
3. Powers and limitations
1. Qualifications of a notary public
A notary public is empowered to perform the
Notary public following notarial acts: [JAO-CAS]
A person appointed by the court whose duty is 1. Acknowledgements;
to attest to the genuineness of any deed or 2. Oaths and affirmations;
writing in order to render them available as 3. Jurats;
evidence of facts stated therein and who is 4. Signature witnessing;
authorized by the statute to administer various 5. Copy certifications; and
oaths. 6. Any other act authorized by these rules
(Section 1(a), Rule IV, A.M. No. 02-8-13-SC)
NOTE: “Notary Public" and "Notary" refer to
any person commissioned to perform official 4. Notarial Register
acts under the rules on Notarial Practice (Sec. 9, A notary public shall keep, maintain, protect
Rule II, A.M. No. 02-8-13-SC). and provide for lawful inspection as provided in
these Rules, a chronological official notarial
Qualifications of a notary public [C21-RMC] register of notarial acts consisting of a
To be eligible for commissioning as notary permanently bound book with numbered
public, the petitioner must be: pages.

1. A citizen of the Philippines; The register shall be kept in books to be

2. Over 21 years of age; furnished by the Solicitor General to any notary
3. A resident in the Philippines for at least 1 public upon request and upon payment of the
year and maintains a regular place of work or cost thereof. The register shall be duly paged,
business in the city or province where the and on the first page, the Solicitor General shall
commission is to be issued; certify the number of pages of which the book
NOTE: This is to prohibit the practice of some consists (Sec. 1(a), Rule VI, A.M. No. 02-8-13-
notaries who maintain makeshift “offices” in SC).
sidewalks and street corners of government NOTE: Failure of the notary to make the proper
offices (Tirol, 2010). entry or entries in his notarial register touching
4. A member of the Philippine Bar in good his notarial acts in the manner required by law
standing with clearances from the Office of the is a ground for revocation of his commission
Bar Confidant of the Supreme Court and the (Father Ranhilio C. Aquino Et. Al., v. Atty. Edwin
Integrated Bar of the Philippines; and Pascua, A.C. No. 5095, November 28, 2007, En
5. Has not been convicted in the first instance of Banc).
any crime involving moral turpitude (Second
par., Sec. 1, Rule III, 2004 Rules on Notarial Notary public is personally accountable for all
Practice, A.M. No. 02-8-13-SC). entries in his notarial register. They cannot be
relieved of responsibility for the violation of the
2. Term of office of a notary public aforesaid sections by passing the buck to their
Term of office of a notary public (1995 Bar) secretaries (Lingan v. Atty. Calibaquib, A.C. No.
A notary public may perform notarial acts for a 5377, June 15, 2006).
period of 2 years commencing the 1st day of
January of the year in which the commissioning 5. Jurisdiction of notary public and place of
is made until the last day of December of the notarization
succeeding year regardless of the actual date
when the application was renewed, unless Jurisdiction of Notary Public
earlier revoked or the notary public has GR: A notary public shall not perform a notarial
resigned under the Rules on Notarial Practice act outside his jurisdiction and his regular place
of work or business.
Page 10 of 18
XPNs: A notarial act may be performed at the NOTE: Competent evidence of identity is not
request of the parties in the following sites, required in cases where the affiant is personally
other than his regular place of work or business, known to the Notary Public (Amora, Jr. v.
located within his territorial jurisdiction: Comelec, G.R. No.192280, January 25, 2011).
1. Public offices, convention halls, and similar
places where oaths of office may be 7. Sanctions
administered; Punishable acts under the 2004 Rules on
2. Public function areas in hotels and similar Notarial Practice
places for the signing of instruments or
documents requiring notarization; The Executive Judge shall cause the prosecution
3. Hospitals and other medical institutions of any person who knowingly:
where a party to an instrument or document is 1. Acts or otherwise impersonates a notary
confined for treatment public;
4. Any place where a party to an instrument or 2. Obtains, conceals, defaces, or destroys the
document requiring notarization is under seal, notarial register, or official records of a
detention (Sec. 2, Rule IV, A.M. No. 02-8-13-SC). notary public; and
5. Such other places as may be dictated because 3. Solicits, coerces, or in any way influences a
of emergency. notary public to commit official misconduct
(Sec. 1, Rule XII, Rule on Notarial Practice).
NOTE: It is improper for a notary public to
notarize documents in sidewalk since it is now NOTE: Notarizing documents without the
required that a notary public should maintain a requisite commission therefore constitutes
regular place of work or business within the city malpractice, if not the crime of falsification of
or province where he is commissioned. The SC public documents (St. Louis Laboratory High
evidently wants to eradicate the practice of “fly School Faculty And Staff V. Dela Cruz, A.C. No.
by night” notaries public who notarized 6010. August 28, 2006).
documents in “improvised” offices.
8. Relation to Code of Professional
6. Competent evidence of identity Responsibility
Competent evidence of identity refers to the
identification of an individual based on the A.M. No. 09-6-1-SC, January 21, 2015
following: By performing notarial acts without the
necessary commission from the court, Atty.
1. At least one current identification document Siapno violated not only his oath to obey the
issued by an official agency bearing the laws particularly the Rules on Notarial Practice
photograph and signature of the individual such but also Canons 1 and 7 of the Code of
as but not limited to: Professional Responsibility which proscribes all
a. Passport lawyers from engaging in unlawful, dishonest,
b. Driver's license immoral or deceitful conduct and directs them
c. PRC to uphold the integrity and dignity of the legal
d. NBI clearance profession, at all times.
e. Police clearance
f. Postal ID
g. Voter's ID
h. Any other government issued ID (Sec 12 of
Rule 2, 2004 Rules on Notarial Practice, as
amended by A.M. No.02-8-13-SC dated
February 19, 2008).

2. The oath or affirmation of one credible

witness not privy to the instrument, document
or transaction who is personally known to the
notary public and who personally knows the
individual, or of two credible witnesses neither
of whom is privy to the instrument, document
or transaction who each personally knows the
individual and shows to the notary public
documentary identification (Amendment to Sec.
12 (a), Rule II of the 2004 Rules on Notarial
Practice, February 19, 2008).

Page 11 of 18
II. JUDICIAL ETHICS The six (6) canons under the New Code of
Judicial Conduct for the Philippine Judiciary
Judicial ethics 1. Independence
The branch of moral science which treats of the 2. Integrity
right and proper conduct to be observed by all 3. Impartiality
judges in trying and deciding controversies 4. Propriety
brought before them for adjudication and 5. Equality
which conduct must be demonstrative of 6. Competence and Diligence
impartiality, integrity, competence,
independence and freedom from improprieties. Duties of a magistrate that will bolster the
This freedom from improprieties must be public’s confidence in the judicial system
observed in both the public and private life of a
judge who is the visible representation of the 1. Duty to be above reproach and to appear
law. above reproach (NCJC, Sec.1, Canon 2)
2. Duty to be impartial (NCJC, Canon 3)
1. THE NEW CODE OF JUDICIAL CONDUCT FOR 3. Duty to avoid improprieties and appearance
THE PHILIPPINE JUDICIARY (BANGALORE of improprieties (NCJC, Sec. 1, Canon 4)
DRAFT) (A.M. NO. 03-05-01) 4. Duty of financial transparency and duty to
avoid financial conflicts of interest (NCJC, Sec.
New Code of Judicial Conduct (NCJC) 7, Canon 4)
took effect on June 1, 2004 supersedes the 5. Duty to be efficient, fair and prompt (NCJC,
Canons of Judicial Ethics and the Code of Judicial Sec. 5, Canon 6)
Conduct. 6. Duty to be free from favor, bias, or prejudice
(NCJC, Sec. 1, Canon 3).
Provided, however, that in case of deficiency or
absence of specific provisions, the Canons of 2. CODE OF JUDICIAL CONDUCT
Judicial Ethics and Code of Judicial Conduct shall
be applicable in a suppletory character. Q: How would you characterize the
relationship between the judge and a lawyer?
This was adopted from the universal Explain. (1996 Bar)
declaration of standards for ethical conduct
embodied in the Bangalore Draft as revised at A: The Code of Professional Responsibility
the Round Table Conference of Chief Justices requires lawyers to observe and maintain
at the Hague. respect for judicial officers (Canon 11, CPR). On
the other hand, the Code of Judicial Conduct
It is founded upon a universal recognition that a requires judges to be patient, attentive and
competent, independent and impartial courteous to lawyers (Rule 3.03, CJC). In a
judiciary is essential if the courts are to fulfill word, lawyers and judges owe each other
their role in upholding constitutionalism and MUTUAL RESPECT AND COURTESY.
the rule of law; that public confidence in the
judicial system and in the moral authority and Rule regarding financial activities
integrity of the judiciary is of utmost
importance in a modern democratic society; A judge shall refrain from financial and business
and that it is essential that judges, individually dealings that tend to:
and collectively, respect and honor judicial 1. Reflect adversely on the court’s impartiality;
office as a public trust and strive to enhance 2. Interfere with the proper performance of
and maintain confidence in the judicial system. judicial activities; or
3. Increase involvement with lawyers or persons
The purpose of the New Code of Judicial likely to come before the court.
Conduct for the Philippine Judiciary is to update
and correlate the code of judicial conduct and Rule on judges having investments
canons of judicial ethics adopted for the GR: A judge may hold and manage investments
Philippines, and also to stress the Philippines’ but should not serve as:
solidarity with the universal clamor for a 1. An officer
universal code of judicial ethics (See 2. Director
aforementioned "four Ins" and "four ACID" 3. Manager
problems by Chief Justice Artemio V. 4. Advisor
Panganiban). 5. Employee of any business

NOTE: The New Code contains 6 Canons and 44 XPN: As director of a family business of the
Rules. judge (Rule 5.03).
---
Page 12 of 18
Judicial Independence The maintenance of the court’s integrity is not
the sole duty of the judge. It is also the duty of
An independent Judiciary is one free from court personnel to see to it that its integrity is
inappropriate outside influence. unblemished.

Individual Judicial Independence focuses on NOTE: A judge’s personal behavior, both in the
each particular case and seeks to insure the performance of his duties and in his daily life,
ability of the judge to decide cases with must be free from any appearance of
autonomy and within the constraints of the law impropriety as to be beyond reproach.
while Institutional Judicial Independence
focuses on the independence of the judiciary as Judge’s duty with respect to court employees
a branch of the government and protects judges A judge should constantly keep a watchful eye
as a class (In the Matter of the Allegations on the conduct of his employees. His constant
Contained in the Columns of Mr. Amado P. scrutiny of the behavior of his employees would
Macasaet Published in Malaya dated September deter any abuse on the part of the latter in the
18, 19, 20 and 21, 2007). exercise of their duties (Buenaventura v.
Benedicto, A.C. No. 137-5, March 27, 1971).
NOTE: The treatment of independence as a
single Canon is the primary difference between A judge cannot dismiss court personnel. The
the new Canon 1 and the Canon 1 of the 1989 power to dismiss a court employee is vested in
Code. the Supreme Court (Dailay-Papa v. Almora,
A.M. Nos. 543-MC and 1525-MJ, December 19,
Degree of independence 1981).
The highest degree of independence is required
of judges. He must be independent in decision- NOTE: Judges should not be lenient in the
making. He cannot consult with staff and court administrative supervision of employees. As an
officials. However, he can ask colleagues purely administrator, the judge must ensure that all
academic or hypothetical questions but not to court personnel perform efficiently and
the extent of asking them to decide a case. promptly in the administration of justice.
(Ramirez v. Corpuz-Macandog, A.M. No. R-351-
Every judge must decide independently, even in RTJ, September 26, 1986)
collegial court. While there may be discussions
and exchange of ideas among judges, the judge Principle of cold neutrality of an impartial
must decide on the basis of his own, sole, judge
judgment (Funa, 2009). While a judge should possess proficiency in law
NOTE: It is every judge’s duty to respect the in order that he can competently construe and
individual independence of fellow judges. enforce the law, it is more important that he
should act and behave in such a manner that
Principle of Subjudice the parties before him should have confidence
A judge is prohibited from making public in his impartiality. Thus, it is not enough that he
statements in the media regarding a pending decides cases without bias and favoritism. Nor
case so as not to arouse public opinion for or is it sufficient that he in fact rids himself of
against a party. (2007 Bar) prepossessions. His actuations should moreover
inspire that belief. (Rosauro v. Judge Villanueva
This section affirms that a judge’s restraint Jr., A.M. No. RTJ-99-1433, June 26, 2000)
from exerting influence over other judicial or NOTE: A judge has both duties: the duty of
quasi-judicial bodies is required for more than rendering a just decision; and, doing it in a
just propriety. manner completely free from suspicion as to his
fairness and as to his integrity.
Any attempt, whether successful or not, to
influence the decision-making process of Degree of proof required to prove bias on the
another judge, especially one who is of lower part of the judge
rank and over whom a judge exercises The complainant must prove the same by clear
supervisory authority constitutes serious and convincing evidence since allegations of
misconduct. bias are quite serious. Mere allegations are not
sufficient to constitute a violation of the rule.
Presumption regarding judges Bias and prejudice cannot be presumed and
Judges are presumed honest and men of mere suspicion of partiality is not enough.
integrity, unless proven otherwise.

Page 13 of 18
Extra-judicial source rule 3. A judge may be disqualified if he was
It means that the decision is based on some formerly associated with one of the parties or
influence other than the facts and law their counsel.
presented in the courtroom. 4. A judge who previously notarized the
affidavit of a person to be presented as a
Rule of necessity witness in a case before him shall be
It states that a judge is not disqualified to sit in disqualified from proceeding with the case.
a case where there is no other judge available 5. The judge, or a member of his or her family,
to hear and decide the case. Furthermore, has an economic interest in the outcome of the
when all judges will be disqualified as a result, it matter in controversy (NCJC, Sec. 5 (c), Canon
will not be permitted to destroy the only 3);
tribunal with the power in the premises. The 6. A municipal judge who filed complaints in his
doctrine operates on the principle that a basic own court for robbery and malicious mischief
judge is better than no judge at all. It is the against a party for the purpose of protecting the
duty of the disqualified judge to hear and property interests of the judge’s co-heirs, and
decide the case regardless of objections or then issued warrants of arrest against the party,
disagreements. (Parayno vs. Meneses, G.R. No. was found guilty of serious misconduct and
112684, April 26, 1994) ordered dismissed from the bench before he
was able to rescue himself. (Oktubre v. Velasco
A judge’s language, both written and spoken, A.M. No. MTJ-02-02-1444, July 20, 2004)
must be guarded and measured, lest the best of 7. The judge served as executor, administrator,
intentions be misconstrued. (Fecundo v. guardian, trustee or lawyer in the case or
Berjamen, G.R. No. 88105, December 18, 1989) matter in controversy, or a former associate of
the judge served as counsel during their
No absolute prohibition against judges from association, or the judge or lawyer was a
making comments material witness therein (Sec. 5(d), Canon 3,
Not all comments are impermissible. Judges NCJC);
may express their open-mindedness regarding a 8. The restriction extends to judges who served
pending issue in cases where the judges’ as lawyers in closely related cases.
comments do not necessarily favor one side 9. The judge’s ruling in a lower court is the
over the other. subject of review (Sec. 5(e), Canon 3, NCJC);
10. The judge is related by consanguinity or
However, judges should avoid side remarks, affinity to a party litigant within the 6th civil
hasty conclusions, loose statements or degree or to counsel within the 4th civil degree
gratuitous utterances that suggest they are (Sec. 5(f), Canon 3, NCJC);
prejudging a case. Judges should be aware that NOTE: A preliminary injunction issued by a
the media might consider them a good and judge in favor of his sister before inhibiting
credible source of opinion or ideas, and, himself was found reprehensible. (Hurtado v.
therefore, should refrain from making any Judajena, G.R. No. L-40603, July 13, 1978)
comment on a pending case. There is danger 11. No judge should preside in a case in which
not only of being misquoted, but also of he is not wholly free, disinterested, impartial
compromising the rights of the litigants in the and independent. (Garcia v. De La Pena.
case. A.M.No.MTJ-92-637, February 9, 1994)
12. The judge knows that his or her spouse or
Sec. 5, Canon 3, NCJC child has a financial interest as heir, legatee,
creditor, fiduciary or otherwise, in the subject
The judge has actual bias or prejudice matter in controversy or in a party to the
concerning a party or personal knowledge of proceeding, or any other interest that could be
disputed evidentiary facts concerning the substantially affected by the outcome of the
proceedings (Sec. 5(a), Canon 3, NCJC); proceedings (Sec. (g), Canon 3, NCJC).

1. The rule also requires disqualification if a This rule is intended to ensure judges’
judge has outside knowledge of disputed facts. impartiality by preventing situations in which a
To be a ground for disqualification, the judge must consider familial interests in the
knowledge must have been obtained extra- conflicts before him or her. If the public is
judicially like out-of-court observations. This aware of a family member’s financial interest,
prohibition also disallows extra-judicial research the public may question the judge’s
on the internet. impartiality.
2. The judge previously served as a lawyer or
was a material witness in the matter in
controversy (Sec. 5(b), Canon 3, CJC);

Page 14 of 18
Degree of compliance required by the rule at the back of his mind that he tilted the scale of
under Canon 3, Section 5 of NCJC justice.

Strict compliance of the rule is required so as to Time to file the petition to disqualify a judge
protect the rights of the parties and assure an It must be filed before rendition of the
impartial administration of justice, as well as to judgment, and cannot be raised on appeal.
prevent erosion of the people's confidence in Otherwise, the parties are deemed to have
the judiciary. (Marfil v. Cuachon, A.M. No. 2360- waived any objection regarding the
MJ, August 31, 1981) The grounds for impartiality of the judge.
disqualification of a judge enumerated under
Sec. 5 of Canon 3 are not exclusive. The Remittal of disqualification
provision provides that it is not limited to the A judge disqualified may, instead of
grounds therein provided. withdrawing from the proceeding, disclose in
the records the basis of disqualification. If,
TYPES OF DISQUALIFICATION based on such disclosure, the parties and
1. Mandatory or compulsory disqualification lawyers, independently of the judge’s
2. Voluntary disqualification or inhibition participation, all agree in writing thatthe reason
for the inhibition is immaterial or insubstantial;
Disqualification v. Inhibition the judge may then participate in the
DISQUALIFICATION INHIBITION proceeding. The agreement, signed by all
There are specific The rule only parties and lawyers, shall be incorporated in the
grounds enumerated provides broad basis record of the proceedings. (Sec. 6, Canon 3,
under the rules of for inhibition.
NCJC)
court for
disqualification. Requirements for a judge to continue hearing a
The judge has no The rule leaves the case despite the existence of reasons for
discretion; matter to the judge’s disqualifications
mandatory sound discretion 1. The bona fide disclosure to the parties in
litigation; and
Grounds for mandatory disqualification 2. The express acceptance by all the parties of
1. When he, or his wife, or child is pecuniarily the cited reason as not material or substantial.
interested as heir, legatee, creditor, or
otherwise; Examples of acts of a judge which are not
2. When he is related to either party within the illegal but will constitute a violation of this rule
6th degree of consanguinity or affinity or to
counsel within the 4th civil degree; 1. The act of a judge of hearing cases on a day
3. When he has been an executor, guardian, when he is supposed to be on official leave (Re:
administrator, trustee, or counsel; or Anonymous complaint Against Judge Edmund
4. When he has presided in an inferior court Acuña, A.M. No. RTJ-04-1891, July 28, 2005).
where his ruling or decision is subject to review,
without the written consent of the parties. 2. Photograph showing the judge and a
(Rule 137, RRC) subordinate coming out of a hotel together
even if there was no clear evidence of sexual
INHIBITION congress between them is enough to give rise
An act when a judge personally prevents to the appearance of impropriety that the code
himself from taking cognizance of the case. This strongly warns against (Liwanag v. Lustre, A.M.
is made through a written petition to inhibit No. MTJ-98-1168, April 21 1999).
which shall state the grounds for the same. The
explanation of the judge whether or not to take 3. Joking remark made by a judge to a litigant
cognizance of the case must also be in writing. suggesting that the litigant prove he harbored
If the judge inhibits himself from taking no ill feelings towards the judge (Co v. Plata,
cognizance of the case, the same cannot be A.M. No. MTJ-03-1501, March 14, 2005).
appealed. However, the judge should not
immediately inhibit himself. He should make a Dignified conduct
careful examination by first taking into It is best described as conduct befitting men
consideration the following: and women possessed of temperance and
respect for the law and for others.
1. General consideration – whether the
people’s faith in the judicial system will be
impaired
2. Special consideration –He must reflect on
the probability that the losing party will nurture

Page 15 of 18
NOTE: NCJC does not prohibit a judge from
joining or maintaining an account in a social
networking sites. Section 6, Canon 4 of the New
Code of Judicial Conduct recognizes that judges,
like any other citizen, are entitled to freedom of
expression. However, the same provision also
imposes a correlative restriction on judges: in
the exercise of their freedom of expression,
they should always conduct themselves in a
manner that preserves the dignity of the
judicial office and the impartiality and
independence of the Judiciary (Ibid.).

While rearing fighting cocks is not illegal, Judge

Achas should avoid mingling with a crowd of
cockfighting enthusiasts and bettors as it
undoubtedly impairs the respect due him.

If a judge is seen eating and drinking in public

places with a lawyer who has cases pending in
his or her sala, public suspicion may be aroused,
thus tending to erode the trust of litigants in the
impartiality of the judge (Padilla v. Zantua, G.R.
No. 110990, October 23, 1994).

Publicizing professional qualifications or

boasting of having studied in and graduated
from certain law schools, no matter how
prestigious, might have even revealed, on the
part of Justice Ong and Justice Hernandez,
shows their bias for or against some lawyers.

It was inappropriate for a judge to have

entertained a litigant in his house particularly
when the case is still pending before his sala (J.
King and Sons. v. Hontanosas, Adm. Matter No.
RTJ-03-1802, September 21, 2004).

Ticket fixing
It is misconduct in which judges impermissibly
take advantage of their public position to
avoid punishment for traffic violations.

Flag lawyer
Refers to a lawyer of non-governmental
organizations (NGOs) and people’s
organizations(POs) who by the nature of his
work already renders free legal aid to indigent
and pauper litigants (Bar Matter No. 2012,
February 10, 2009, Section 4a(iii)).

Page 16 of 18
 DISCIPLINE OF THE MEMBERS OF THE The standard of proof required is NOT “proof beyond
JUDICIARY reasonable doubt” because it is not a criminal trial.
Rather, it is a political process.
The Supreme Court shall have the administrative
supervision over all courts and the personnel. Votes needed for conviction
(Section 6, Art. VIII, 1987 Constitution). A vote of at least two-thirds (2/3) of all members of
the Senate for any one article of impeachment.
The Court en banc has the power to discipline all
judges of lower courts including justices of the Court NOTE: 16 votes are required to convict on any
of Appeals (Section 11, Art. VIII, 1987 Constitution). article while 8 negative votes can prevent
conviction on any article.
Justices of the Supreme Court in order to be disbarred
must first be impeached in accordance with the When the judge himself becomes the transgressor of
Constitution. the law which he is sworn to apply, he places his office
in disrepute, encourages disrespect for the law and
The Court will not shirk from its responsibility of impairs public confidence in the integrity of the
imposing discipline upon its magistrates, judiciary itself (Lachica vs. Tormis, A.M. No. MTJ-05-
1609, September 20, 2005).
but neither will it hesitate to shield them from
unfounded suits that serve to disrupt rather than The acts of a judge in his judicial capacity are not
promote the orderly administration of justice subject to disciplinary action.

IMPEACHMENT In the absence of fraud, malice or dishonesty in

It is a constitutional process of removing public rendering the assailed decision or order, the remedy of
servants from office as an assurance against abusive the aggrieved party is to elevate the assailed decision
officials in the country (Impeachment Primer, Official or order to the higher court for review and correction.
Gazette, 2012).
However, an inquiry into a judge’s civil, criminal and/or
Object of impeachment administrative liability may be made after the
The object of impeachment is solely to determine available remedies have been exhausted and decided
whether the official is worthy of the trust conferred with finality (Republic v. Caguioa, A.M. No. RTJ-07-
upon him/her. It is not a determination of criminal 2063, June 26, 2009).
guilt or innocence as in criminal case (Ibid.).
Administrative complaint is NOT an appropriate
The nature of impeachment proceedings against SC remedy where judicial recourse is still available
justices is “sui generis” or “a class of its own”. Judicial recourse such as a motion for reconsideration,
an appeal, a petition for certiorari, or an administrative
Grounds for impeachment complaint is not appropriate, unless the assailed order
1. Treason; or decision is tainted with fraud, malice, or dishonesty.
2. Bribery;
3. Other High Crimes; As an established rule, an administrative, civil or
4. Graft and Corruption; and criminal action against a judge cannot be a substitute
5. Betrayal of Public Trust (Sec. 2 Art. XI, 1987 for an appeal (Fernandez et. al. v. Court of Appeals
Constitution) Assoc. Justices Ramon M. Bato, Jr., Isaias P. Dicdican,
A.M. OCA IPI No. 12-201-CA-J. February 19, 2013).
Impeachable officers (PVPMscMccO)
1. The President; When the law or the rule is so elementary, not to be
2. Vice-President; aware of it or to act as if one does not know it
3. Members of the Supreme Court; constitutes gross ignorance of the law.
4. Members of the Constitutional Commissions;
and Judges will not be held administratively liable for mere
5. Ombudsman errors of judgment in their rulings or decisions absent a
showing of malice or gross ignorance on their part. Bad
All other public officers and employees may be faith or malice cannot be inferred simply because the
removed from office as provided by law, but not by judgment is adverse to a party.
impeachment (Sec. 2 Art. XI, 1987 Constitution). (Cruz v. Justice Alino- Hormachuelos et. al., A.M. No.
CA-04-38, March 31, 2004).
The Philippine Congress holds the sole power in
impeachment process.
1. House of Representatives - initiates all cases of
impeachment.
2. Senate – tries and decides on all the cases.
Page 17 of 18
Confidentiality of proceedings

Proceedings against judges of regular and special

courts and justices of the Court of Appeals and the
Sandiganbayan shall be private and confidential, but a
copy of the decision or resolution of the Court shall be
attached to the record of the respondent in the Office
of the Court Administrator (Sec 12, Rule 140, RRC).

Quantum of evidence required

(removal of a judicial officer)

The ground for removal of a judicial officer should be

established beyond reasonable doubt. Such is the rule
where the charge on which the removal is sought is
misconduct in office, willful neglect, corruption or
incompetence. The general rules in regard to
admissibility of evidence in criminal trials apply.

A judge may be disciplined by the Supreme Court based

solely on the basis of the complaint filed by the
complainant and the answer of the respondent judge,
under the principle of res ipsa loquitor.

when the facts alleged in the complaint are admitted

or are already shown on the record, and no credible
explanation that would negate the strong inference of
evil intent is forthcoming, no further hearing to
establish such facts to support a judgment as to
culpability of the respondent is necessary.

Page 18 of 18