LEGAL ETHICS - Covers appearances, drafting, & submission of pleadings and docs

to courts/bodies, assistance in mediation, legal counselling &

I. Practice of Law advice
A. Concept - May be done through a law clinic or externship
- Certification app approved by RTC EJ in TJ of law school
 Any activity, in or out of court, w/c requires the application of law,
- Under the supervision of Supervising Lawyer (member of Bar +
legal procedure, knowledge, training, and experience.
authorized by school)
Factors in Cayetano v. Monsod:
o MTC: no supervision needed
a) Habituality
b) Application of law/legal principles, procedure o Any other court: w/ supervision
c) Compensation b) Non-lawyers
d) A-C rel. Before Courts
- Right to practice law is: 1) Before MTC: in person or w/ aid of agent or friend
o Not a right but a privilege 2) Any other court: in person
o Not a business but a profession - Lawyers disqualified to practice law or disbarred/suspended can
validly prosecute/defend own litigation
B. Qualifications
- Non-lawyer litigants can only appear in crim cases if the court
Reqs:
finds it appropriate
Admission to the Bar Practice of Law
- Lawyers N/A: court may appoint non-lawyer resident & of GMC
1) Citizenship 1) Admitted as member of Bar
- GR: Accused may have counsel of choice but court may restrict
2) Residence 2) In good standing
option of counsel if:
3) >= 21Y - GMC; distinguished from
o X1: Litigant chooses a non-member of the Bar
4) GMC/no CMT reputation
X2X: Crim cases in MTC
5) HS/College educ. 3) In regular standing
o X2: Cannot afford services of lawyer
6) Legal educ. from local/foreign - Annual payment of IBP dues
law school 4) Citizenship o X3: Lawyer declines due to valid reason
- Foreign: completion of 4th yr - Reacquisition = not automatic Before Admin Bodies/Tribunals
curriculum in approved PHL law resumption to practice (motion for - Allowed before NLRC/LA, cadastral courts, DAR proceedings
school readmission + payment of - Must not be habitual or the person must not charge AF
7) Passing the Bar exams fees/dues + MCLE) c) Where Lawyers are Prohibited
- 75% ave. + >= 50% in each 1) Small claims cases
- Can take 4th and 5th if review 2) Katarungang Pambarangay proceedings
classes are passed D. Sanctions for Practice/Appearance w/o Authority
8) Taking the Lawyer’s oath a) Lawyers only: Disbarment/suspension
9) Signing the Roll of Attorneys b) Lawyers + Non-lawyers: Contempt of court, admin complaint,
C. Appearance of Non-Lawyers crim complaint for estafa, injunction, declaratory relief
- GR: Only members of Bar can appear and handle cases E. Public Officials and Practice of Law
o X1: Law students - GR: Appointment or election of lawyer to gov’t office disqualifies
him from engaging in private practice
o X2: Agents/friends
Prohibitions
o X3: Litigants themselves
During Incumbency
a) Law student practice
a) Own, control, manage, accept employment in private enterprise
 regulated, supervised, licensed by the office Rule 1.02: No counseling - No remedy that is contrary to law
b) Engage in private practice or abetting unlawful
X: Unless authorized by Consti/law and won’t conflict w/ activities
official functions Rule 1.03: No  Barratry: inciting and stirring up
c) Recommend persons to private enterprise w/ official transaction encouragement of suit or quarrels or groundless suits (any court)
w/ office delay for corrupt motive  Ambulance Chasing: inducing
- GR: Continue to apply for 1Y after leaving office personal injury victims to bring suits
X: Engaging in private practice may be done immediately (judicial courts)
X2X: Matters requiring intervention (permanent ban) or not Rule 1.04: Encourage - Oath to uphold cause of justice > duty to
requiring intervention (1Y ban) settlement if fair and just client
Absolute Relative Canon 2: A lawyer shall make his legal services available in an
1) Pres/VP/cabinet officials + 1) Member of Congress efficient and convenient manner compatible with the independence,
deputies/assistants - May not personally appear as integrity and effectiveness of the profession.
2) Judiciary counsel (includes signing of Rule 2.01: No rejection of - GR: Required to render 120H of pro bono
3) Members of JBC pleadings) clients unless for valid legal aid services w/in 1st year of admission
4) DOJ 2) Sanggu members reasons X1: Those in E/L branches >= 6 months
5) Office of SolGen - May not practice during session before admission to Bar
6) Office of OMB hours (VM/VG and below) X2: Those who have already undergone
7) Members of ConCom 3) Retiring Justices through clinical legal education program
8) Governors, mayors Limitations for 2-3: X3: Those already worked 1 year in law
9) Civil service officers/EEs - Cannot appear in civ / crim cases firms w/ pro bono services or as a staff in
required by their duties where gov’t / officer is defendant / legal aid clinics, public interest group
10) Those prohibited under special accused Rule 2.02: No refusal to - For next steps to take until securing
law - Cannot collect appearance fees render legal advice to counsel
- Cannot use gov’t prop/personnel safeguard rights even if
except to defend gov’t interest rejected
(sanggu) Rule 2.03: No act designed - Impropriety arises when business is
F. Lawyers authorized to represent the State to primarily solicit inconsistent w/ lawyer’s duties
- Official/person appointed/designated to appear shall have the rights business
of a lawyer in case w/c the State has interest in Rule 2.04: Not charge - Not prohibited for charging reduced/no
G. Lawyer’s Oath lower rates than prescribed fee to an indigent
II. Duties and Responsibilities of a Lawyer unless for valid reasons
TO SOCIETY Canon 3: A lawyer in making known his legal services shall use only
*Canon 1: A lawyer shall uphold the Constitution, obey the laws of true, honest, fair, dignified and objective information or statement of
the land and promote respect for law and legal process. facts.
Rule 1.01: No unlawful, - Must be grossly immoral or enough to Rule 3.01: No use of any - Allowed to advertise w/ simple business
dishonest, immoral, constitute a criminal act false/misleading/unfair card, publication in reputable law list, legal
deceitful conduct  CMT: includes everything done claim about services or articles, listing in phone directory
contrary to justice, honesty, good qualifications - Must be in good faith and in good taste
morals
Rule 3.02: No false or - Allowed to put name of deceased if tactics against opposing counsel.
misleading firm name indicated Rule 8.01: No use of - Words and arguments should be forceful
Rule 3.03: Withdrawal of - Unless the law allows simultaneous abusive/offensive language yet dignified, emphatic but respectful
partner’s name if he practice - Lack of intention is no excuse for
accepts public office disrespectful language
Rule 3.04: No publicity - Ex. furnishing comments, procuring Rule 8.02: No - Allowed acts:
stunts w/ media publishing of picture encroachment of other 1. Accept matters previously handled by
Canon 4: A lawyer shall participate in the development of the legal lawyer’s clients another lawyer (w/ notice to
system by initiating or supporting efforts in law reform and in the lawyer/client)
improvement of the administration of justice. 2. Give advice to person seeking relief
Canon 5: A lawyer shall keep abreast of legal developments, against neglectful lawyer
participate in continuing legal education programs, support efforts 3. Associate as a co-counsel in a case (w/
to achieve high standards in law schools as well as in the practical notice to lawyer)
training of law students and assist in disseminating information Canon 9: A lawyer shall not, directly or indirectly, assist in the
regarding the law and jurisprudence. unauthorized practice of law.
Canon 6: These canons shall apply to lawyers in government service Rule 9.01: No delegation - Ex. to non-lawyers, those not in good
in the discharge of their official duties. of tasks that only lawyers standing, those not qualified
Rule 6.01: See to it that - Purpose is not to convict may perform to
justice is done unqualified persons
Rule 6.02: No using of - Lawyers expected to devote themselves Rule 9.02: No division or X1: Pre-existing agreement w/ partner or
public position/duties for completely to public service stipulation of AF to non- assoc to distribute money to estate
private interests lawyers X2: Undertaking unfinished business of
Rule 6.03: No employment See notes above deceased lawyer
or engagement w/ matter X3: Inclusion by firm of non-lawyer EEs in
requiring intervention a retirement plan
TO THE LEGAL PROFESSION TO THE COURT
Canon 7: A lawyer shall at all times uphold the integrity and dignity Canon 10: A lawyer owes candor, fairness, & good faith to the court.
of the legal profession and support the activities of the Integrated Rule 10.01: No act or - Duty to court > duty to client
Bar. consenting to falsehood
Rule 7.01: Answerable for - May be DQ’d, prevented from taking Rule 10.02: No misquoting - Mere typographical error not
false statement or oath, or license to practice revoked as or misrepresenting of contemptuous if not intended
suppressing info in bar app penalties contents of papers, (Case of In Re: Del Castillo)
Rule 7.02: No support for - Should volunteer info or cooperate in any arguments, decisions, laws
any unqualified candidate investigation Rule 10.03: Observe rules - Never to misuse ROC to defeat ends of
Rule 7.03: No conduct that - No distinction as to acts committed in of procedure justice
is adverse to fitness to professional or private capacity Canon 11: A lawyer shall observe and maintain the respect due to
practice the courts and to judicial officers and should insist on similar
Canon 8: A lawyer shall conduct himself with courtesy, fairness and conduct by others.
candor toward his professional colleagues, and shall avoid harassing Rule 11.01: Must wear (Case: In Re: Falcis)
proper attire X2: Substantial matters (needed for justice)
Rule 11.02: Must be - May be subject to disciplinary action if X3: Deposition
punctual habitual or inexcusable X4: As an expert
Rule 11.03: No - Criticism must be decent and proper *Canon 13: A lawyer shall rely upon the merits of his cause and
scandalous/offensive refrain from any impropriety which tends to influence or gives the
language or behavior w/ appearance of influencing the court.
the courts Rule 13.01: No extra - Should try to avoid meetings w/ judges
Rule 11.04: No attribution attention/hospitality to that has a pending case involving the
of unsupported motives judges lawyer
Rule 11.05: Submit Rule 13.02: No public (Case: Impeachment of Pres. Estrada)
grievances to proper venue statements re: pending
*Canon 12: A lawyer shall exert every effort and consider it his duty case w/c could arouse
to assist in the speedy and efficient administration of justice. public opinion
Rule 12.01: Must appear - Client may be prejudiced by Rule 13.03: No invitation - Principle of SoP
for trial prepared unpreparedness for other branch/agency to
Rule 12.02: Not file - Prohibits forum shopping interfere
multiple actions arising Reqs of Litis Pendentia: TO THE CLIENT
from same cause 1. Identity of parties and their interests *Canon 14: A lawyer shall not refuse his services to the needy.
2. Identity of rights and reliefs Rule 14.01: No refusal to - GR: No refusal to represent any person or
3. Any judgment rendered in present case represent on basis or sex, be appointed as counsel de officio
would amount to res judicata in the race, creed, status, own X1: In no position to carry out the work
other opinion effectively or competently
Rule 12.03: Must not let - Repeated extensions w/o cause = breach Rule 14.02: No refusal of X2: Conflict of interest between lawyer-
period of extension lapse of duty appointment as counsel de client or client-potential client
w/o submission or cause officio - Even if lawyer does not accept, must still
Rule 12.04: Not delay - Futile appeals should not be advised Rule 14.03: No refusal to render legal advice as to next steps to take
cases, impede execution, accept representation of  Indigent:
misuse processes indigent client 1. GI of himself and immediate fam <=
Rule 12.05: No contact w/ - Prevents suspicion of coaching 2x MWW + no RP valued at >= 300K
witness while under 2. No money or prop sufficient and
examination available for food, shelter, basic
Rule 12.06: No assisting - Lawyer presenting false witness = liable necessities of himself and family
witness to misrepresent for offering false testimony in evidence Rule 14.04: Observe same - No entitlement to AF = still bound w/
himself or impersonate standards for paying-non- same due diligence and zeal
another paying clients
Rule 12.07: No harassment - See Rule 132 *Canon 15: A lawyer shall observe candor, fairness and loyalty in all
of witness his dealings and transactions with his clients.
Rule 12.08: No testifying X1: Formal matters (mailing, Rule 15.02: Bound by rule Reqs:
on behalf of client authentication etc.) on privileged 1) Info given to lawyer
communications 2) A-C rel. except if prospective client comingling of funds w/o consent
3) Legal advice must be sought from Rule 16.03: Deliver of - Cannot unjustly retain after demand
lawyer in his professional capacity money/prop if due and - Lien may be enforced through application
4) Client must intend confidentiality upon demand but only after giving notice to client
- Bound by scope of ROC Rule 16.04: No - GR: Cannot lend money to client
- GR: Client’s identity should be divulged borrowing / lending w/ X: Has to advance necessary expenses in
X1: Revealing name would implicate him client interest of justice
in activity sought for advice - GR: Cannot purchase prop in litigation
X2: Disclosure = civil liability belonging to client
X3: Reveal would form only link needed X1: Lawyer not involved/was not counsel
by the gov’t at time of purchase
Rule 15.01: Shall inform Reqs: X2: Purchaser is a corp
prospective client ASAP if 1) Conflicting duties X3: Sale took place before suit; sale took
there is conflict of interest 2) Acceptance of C2 conflicts w/ C1 place after litigation
Rule 15.03: No - Test to determine COI: Probability of Canon 17: A lawyer owes fidelity to the cause of his client and he
representing conflicts conflict between clients shall be mindful of the trust and confidence reposed in him.
- GR: Representing COI not allowed Canon 18: A lawyer shall serve his client with competence and
X: Allowed if clients give their written diligence.
consent to the dual representation Rule 18.02: Must handle - GR: Client bound by lawyer’s conduct,
X2X: Uncertainty of satisfaction by matters prepared negligence, mistakes
defendant Rule 18.03: No negligence X: If it is so serious/great that the client is
Rule 15.04: May act as - Does not act as counsel for any one in matters entrusted to him prejudiced and denied his day in court
mediator/arbitrator w/ Rule 18.01: May obtain - Collaborating counsel must first seek
consent of all concerned collaborating counsel who conformity of first counsel
Rule 15.05: Must give - Must not under/overstate prospects is competent on matter
honest opinions about Rule 18.04: Keep client - Client must also make proper inquiries
merits of case informed of case status and not sit idly
Rule 15.06: Must not state/ and answer any request for
imply influence w/ puboff info
Rule 15.07: Must impress Canon 19: A lawyer shall represent his client with zeal within the
compliance w/ laws bounds of the law.
Rule 15.08: Must inform - Not barred from dealing w/ client but Rule 19.01: Use of fair and
client WoN acting as a must be honest and in GF honest means to achieve
lawyer or in other capacity objectives
Canon 16: A lawyer shall hold in trust all moneys and properties of Rule 19.02: Inform client - Inform client first of fraud committed
his client that may come into his possession. to rectify fraud and before termination
Rule 16.01: Account for - The fact that a lawyer has a lien for fees terminate relationship in - Cannot divulge info to 3P as to violate A-
all money/prop received on money from the client does not relieve case of failure to do so C privilege
him from duty to account Rule 19.03: Cannot allow - Only the substantial aspect may be
Rule 16.02: No - No comingling + use of client’s funds
client to dictate procedure controlled by client into records of case, must notify
*Canon 20: A lawyer shall charge only fair and reasonable fees. Rule 20.04: Avoid - Actions may be filed against client only
Rule 20.01: Guided by 1) Time and extent of services controversies w/ clients in cases of unjust deprivation
guidelines in determining 2) Difficulty of questions involved concerning compensation  Quantum Merit: as much as lawyer
fees 3) Importance of subject matter deserves
4) Skill Canon 21: A lawyer shall preserve the confidence and secrets of his
5) Probability of losing other client even after the attorney-client relation is terminated.
employment Rule 21.02: No use of info - Allowed if client gives consent w/ full
6) Customary charges and fees acquired during A-C rel. to knowledge
7) Amount involved in controversy disadvantage of client/3P
8) Contingency/certainty of Rule 21.03: Cannot give
compensation info of client to 3P outside
9) Character of employment agencies
10) Professional standing of lawyer Rule 21.05: Lawyer’s
Rule 20.02: Entitled to - Must be w/ consent of client aids/EEs cannot divulge
division of fees in case of - Must still perform services to be entitled info to 3P
referral Rule 21.06: Avoid
Rule 20.03: No acceptance - To prevent any interference w/ full indiscreet conversations
of any fee from 3P and discharge of duty to client about client’s affairs w/
only from client Fees allowed: fam
a) Acceptance Fees Rule 21.07: Must only - Privileged communication applies even to
b) Contingency Fees consult about a particular prospective clients
 Champertous: lawyer undertakes to case to determine possible
shoulder expenses of litigation and COI
payment dependent upon successful Rule 21.01: Cannot reveal X1: Authorized by client
litigation (VOID) secrets of client X2: Required by law
 Contingent: Payment dependent upon Rule 21.04: May disclose X3: Necessary to collect fees/defend
successful litigation but lawyer does to firm members himself
not shoulder expenses (VALID) X4: Firm members as extension of lawyer
c) Attorney’s Liens Canon 22: A lawyer shall withdraw his services only for good cause
 Retaining: lien the lawyer has upon and upon notice appropriate in the circumstances.
funds, docs, papers of client that Causes of Termination:
lawfully come into possession 1. Withdrawal of the lawyer;
(VALID) 2. Death of the lawyer;
- Passive, effective as soon as possessed, 3. Disbarment or suspension of the
no need to notify client lawyer from the practice of law;
 Charging: lien upon all money 4. Declaration of presumptive death of
judgments and executions secured in the lawyer;
litigation for client (VALID) 5. Conviction of a crime and
- Active, effective as soon as claim entered
 imprisonment of the lawyer; f) Not terminated by the desistance, settlement, compromise,
6. Discharge or dismissal of the lawyer withdrawal of complainant
by the client; g) Does not violate DPC
7. Appointment or election of a lawyer to B. Grounds (DM-A-C2V2)
a government position which prohibits a) Deceit, malpractice, gross misconduct
private practice of law; b) Grossly immoral conduct
8. Death of the client; c) Commission of CMT
9. Intervening incapacity or d) Violation of LO
incompetence of the client during e) Violation of lawful order of superior court
pendency of case; f) Unauthorized appearance
10. Full termination of the case. - List not exclusive
- GR: Client can discharge lawyer at any - GR: Court w/ no jurisdiction to discipline for misconduct
time WoN w/ cause committed in his private capacity
X1: Right to be paid not extinguished o X: Shows lawyer to be unfit for office
X2: To secure repeated extensions - May be disciplined for misconduct before admission to Bar
X3: Notice of discharge required for court C. How Instituted
and adverse party To IBP: lawyers
Rule 22.01: Lawyer may 1. Client pursues illegal/immoral course To SC: Justices of CA/CTA/SB, judges of lower courts
withdraw from the case of action or insists commission - Inherent power to discipline lawyers belongs to the SC – no IBP
2. Inability to work with co-counsel decision is final
3. Mental/physical condition does not D. Proceedings
allow effective service Verified complaint > Investigation by National Grievance Investigators >
4. Deliberate failure to pay Review and Decision by IBP BoG > Review and Decision by SC
5. Election to gov’t office E. Discipline in Foreign Jurisdictions
- GR: Withdrawal of lawyer does not - Foreign court’s judgment sanctioning Filipino lawyer in their
require court approval jurisdiction = PME of ground for discipline if also a ground in the
X: No new counsel to replace PHL (not automatic)
Rule 22.02: Withdrawing Reqs of valid substitution: F. Sanctions
or discharged lawyer must 1) Filing of written app Warning Putting one on guard against impending penalties,
turn over all docs to 2) Client’s written consent consequences
successor 3) Written consent of substituted lawyer Admonition Gentle/friendly rebuke, warning, reminder
III. Discipline of Lawyers Reprimand Public and formal censure administered by superior
A. Nature and Characteristics of Disciplinary Actions against Censure Official reprimand
Lawyers Probation Allows lawyer to practice under specified conditions
a) Sui Generis; no injured party Suspension Temporary withholding of right to practice for a
b) May be initiated by the Court motu pro prio or by any interested definite/indefinite period
person Disbarment Withdrawing from a lawyer the privilege to practice
c) BOP on the complainant IV. Readmission to the Bar
d) Proof required: substantial evidence a) Suspended Lawyers
e) Does not prescribe
 1) File sworn statement at end of period of suspension stating E. Sanctions
desistance from practice and appearance in any court - Payment of non-compliance fee
2) Copies furnished to IBP and EJ of courts where lawyer is - Listed as delinquent member if failure to pay fee (cannot practice)
counsel - Every lawyer required to file a written entry of appearance
b) Disbarred Lawyers indicating their MCLE exemption/compliance number before
Factors for Consideration appearing as counsel or engaging in oral arguments in open
- Character and standing prior to disbarment court or before a QJ body
- Nature or character of misconduct o Penalties: fine, listed as delinquent member, discharged
- Conduct subsequent to disbarment from case (60D to comply)
- Time elapsed between disbarment and application for VI. Notarial Practice
reinstatement  Notary Public: one appointed by the Court who attests to the
- Applicant’s appreciation of significance and assurance of probity genuineness of any deed/writing to render them available as evidence
and integrity of facts stated therein; authorized to administer various oaths
- Favorable recommendations A. Qualifications
c) Repatriated Lawyers (see notes above) - PHL citizen, resident >= 1Y, >= 21Y, maintains regular place of
V. Mandatory Continuing Legal Education work/business in city/province where commission is issued,
A. Purpose member of Bar, not convicted of CMT
- Ensure that lawyers keep abreast w/ updates B. Term of Office
- Maintain ethics of profession and enhance standards - 2Y starting Jan 1 of year in w/c commissioning is made
B. Requirements - May file for renewal 45D before expiration of period
- Must complete 36 hours of continuing legal education every 3Y C. Powers and Limitations
C. Compliance Powers
Forms of Non-Compliance - Converts private doc to public doc to dispense w/ need for
a) Failure to complete educ req w/in compliance period or furnish authentication and proof of due execution
evidence  Acknowledgement: represents to NP that signature in doc was
b) Failure to provide attestation of compliance/exemption voluntarily affixed and instrument was freely/voluntarily executed
c) Failure to pay non-compliance fee  Oath/Affirmation: swears under consequence of law to the whole truth
D. Exemptions of contents
1) Pres/VP/Cabinet and secretaries  Jurat: signs the instrument and takes oath/affirmation before NP
2) Congress - NP allowed to:
3) SC Justices (retired/incumbent) o Certify affixing of signature by thumb/other mark
4) JBC o Sign on behalf of person physically unable to sign/make
5) State Counsels/Prosecutors
mark (N/A: persons in another place)
6) Office of SolGen / Office of OMB
Limitations
7) Members of ConComs
- GR: Cannot perform notarial acts outside place of regular
8) Agencies exercising QJ functions
work/business in territorial jurisdiction
9) Law deans, bar reviewers and profs teaching in law school >=
o X1: Public offices, convention halls
10Y experience
o X2: Public function areas in hotels
10) Governors/Mayors
11) Not in practice/retired o X3: Hospitals and other medical institutions
 o X4: Places of detention Contempt
- DQ from performing if: a) Direct
o Party to the instrument/doc - Misbehavior in court as to disrupt/obstruct proceedings
o Receives fees/compensation other than provided in law - Disrespect towards any person in curt
o Sp, partner, A/D, R4CA - Refusal to be sworn in or answer as a witness
- Shall not perform if: - Refusal to subscribe to affidavit/deposition if required
o Affiant not in notary’s presence at time of notarization b) Indirect
o Affiant w/ no competent evid of identity - Misbehavior of officer of court
o NP has knowledge or suspects unlawful/immoral activity - Disobedience to a lawful writ, process, order of court
- Improper conduct tending to impede, obstruct administration of
o NP has suspicions that affiant is not acting freely
justice
o Instrument is incomplete/blank
- Acting as lawyer/court officer w/o authority
- May disallow inspection of register by 3P in his presence if he has - Failure to obey a subpoena
reasonable ground to believe of unlawful intent/purpose Arraignment and Plea
D. Notarial Register - Counsel de oficio given reasonable time to consult w/ accused if
 Book containing record of notarial acts appointed
- NP certifies at the end of the week the # of docs/instruments Powers and Duties of Judicial Officers
recorded - Preserve and enforce order in court
- Submits w/in 10D of the following month to the CoC - Compel obedience to judgments, orders, processes
- Failure to make proper entries = ground for revocation - Compel attendance of witnesses
E. Jurisdiction Amicus Curiae
- Notarial acts made only w/in territorial jurisdiction of - Lawyers should not decline unless for serious and sufficient cause
commissioning court DQ of Judicial Officers (see notes in Judicial Ethics)
F. Revocation Withdrawal from Case (see notes in CPR)
Grounds Standing in Court to Appear for Government (see notes in Lawyers
a) If NP ceases to have qualifications authorized to appear for State)
b) Fails to keep/make proper entries in register Government Lawyers and Private Practice (see notes in Public Officials)
c) Fails to send copy to CoC A-C Privilege (see notes in CPR)
d) Fails to require presence of affiant or identify them
G. Competent Evidence of Identity
JUDICIAL ETHICS
a) Government-issued ID
- Community Tax Cert. not allowed as accepted proof
b) Oath/affirmation of credible witnesses I. Sources
H. Sanctions -
GR: New Code of Judicial Conduct for the Philippine Judiciary
- Admin sanctions based on grounds for revocation (Bangalore Draft)
- Crim sanctions for those who impersonate, interferes w/ records or o X: Previous versions apply in suppletory character in case
register, solicit/coerce NP of deficiency/absence of specific provisions
VII. Duties of Lawyers under ROC II. Qualities (PI3E-CD)
Judgments, Final Orders, Entry of Judgments Canon 1: Independence - Judges should be free from external
- CoC must enter them into book of entries influence
 - Administer justice w/o delay - Admin cases converted to disciplinary cases if based on grounds
Canon 2: Integrity - Proper discharge of functions for discipline for members of the Bar such as violation of CPR/LO
- Extends to personal demeanor etc.
Canon 3: Impartiality - Applies to decision and to the process by Grounds
which the decision is made  Misconduct: acts complained of were corrupt and inspired by
Canon 4: Propriety - Conduct themselves consistent w/ dignity of intention to violate the law
their office  Gross Ignorance of the Law: lack of knowledge and understanding
- May write/lecture/teach of basic principles
- May appear at public hearing relating to law  Gross Inefficiency: negligence must be of a serious and reckless
and admin of justice Sanctions
- May engage in activities if they do not - Can lead to dismissal from service, forfeiture of benefits,
detract from dignity of office suspension from office, fine, censure, reprimand, admonition w/
Canon 5: Equality - No bias in performance of duties on warning
irrelevant grounds - Voluntary removal (ex. impeachment) = still entitled to retirement
X: Grounds legally relevant to issue benefits
Canon 6: Competence - Judicial duties > all other activities
and Diligence - Maintain skills, knowledge on relevant
developments in law
- Perform duties efficiently, fairly, w/
reasonable promptness
III. Administrative Jurisdiction over Judges and Justices
- SC Justices: Impeachment through Congress (MAJ: Senate)
- All other justices and judges: SC through (MAJ: EB)
IV. Disqualification
a) Compulsory
1) Actual bias or prejudice
2) Economic interest of judge/family
3) Relation to judge by R6CA (litigant) or R4CA (counsel)
4) Reviewing own cases
5) Previously served as counsel, E/A, guardian, trustee (COI)
b) Voluntary
- For just and valid reasons other than those under compulsory
grounds
- GR: Should not inhibit on the mere ground of being
class/org/frat/soro mates or because of close relations
o X: Judge should inhibit if he feels that he may be
suspected of bias/partiality
V. Discipline of Members of Judiciary