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Q: What are some of the characteristics of the legal profession which distinguish it from business?
A: The primary characteristics which distinguish the legal profession from business are:
(1) Relation, as an “officer of the court”, to the administration of justice involving thorough
sincerity, integrity and reliability;
(2) Duty of public service, of which the emolument is a byproduct, and in which one may attain the
highest eminence without making much money;
(3) Relation to clients in the highest degree fiduciary;
(4) Relation to the other members of the bar characterized by candor, fairness and unwillingness to
resort to current business methods of advertising and encroachment on their practice, or dealing
directly with their clients. (In Re: Sycip Salazar Feliciano Hernandez v. Castillo, 1979).
Q: Are the laws allowing non-lawyers to represent others before administrative bodies limited?
A: In order that these laws will not infringe upon the power of the Supreme Court to regulate the practice
of law, the following limitations must be observed:
(1) The non-lawyer should confine his work to non-adversary contentions and should not undertake
purely legal work;
(2) The services should not be habitual;
(3) Attorney’s fees should not be charged.
Q: Cite the instances where lawyers are prohibited from appearing as counsels.
A: Lawyers are prohibited from appearing as counsel in the following:
(1) In small claims cases, no attorney shall appear in behalf of or represent a party at the hearing,
unless the attorney is the plaintiff or defendant. If the court determines that a party cannot
properly present his/her claim or defense and needs assistance, the court may, in its discretion,
allow another individual who is not an attorney to assist that party upon the latter's consent (Sec.
17, Rules of Procedure in Small Claims Cases).
(2) In all Katarungang Pambarangay proceedings, the parties must appear in person without the
assistance of the counsel or representative, except for minors and incompetents who may be
assisted by their next of kin who are not lawyers (Sec 415, Local Government Code).
Q: Who are the public officials absolutely prohibited from the practice of law?
A: Prohibition can be absolute or relative. The following are public officials who absolutely cannot
practice law in the Philippines:
(1) Judges and other officials or employees of the Supreme Court
(2) Officials and employees of the Office of the Solicitor General
(3) Government Prosecutors
(4) President, Vice-President. Members of the Cabinet, their deputies and assistants
(5) Chairman and members of the Constitutional Commission
(6) Ombudsman and his deputies
(7) Governors, city and municipal mayors
(8) Those who, by special law, are prohibited from engaging in the practice of their legal profession
Q: Although public officials are prohibited either relatively or absolutely, may lawyers representing
the Government appear before in court?
A: Yes. Any person appointed to appear for the Government of the Philippines shall be allowed to appear
in court, subject to pertinent laws.
Q: Atty. N was suspended by the IBP because of his failure to pay rentals to his landlords, the Spouses
E. During his suspension, he was subsequently appointed as Assistant Prosecutor of Quezon City, and
he was appearing before court despite the suspension. Atty. N claims that failure for him to do his job
would be a violation of his duties as a public official. Is his claim tenable?
A: No. When the Court orders a lawyer suspended from the practice of law, he must desist from
performing all functions requiring the application of legal knowledge within the period of suspension.
This includes desisting from holding a position in government requiring the authority to practice law.
The government office of Assistant City Prosecutor requires its holder to be authorized to practice law.
Hence, respondent's continuous discharge of his functions as such constitutes practice of law and, thus, a
clear defiance of the Court's order of suspension against him. (Sps. Eustaquio v. Atty. Navales, 2015)
Q: Define immorality.
A: Immorality connotes conduct that shows indifference to the moral norms of society For such conduct
to warrant disciplinary action, the same must be grossly immoral, must be so corrupt and false as to
constitute a criminal act or so unprincipled as to be reprehensible to a high degree (Ui v. Bonifacio, 2000).
An act constituting immoral or deceitful conduct is one that involves moral turpitude.
Q: Atty. A married B, a Filipina. In the meantime, Atty. A was dating C, his Secretary in his law office.
He told C that he will marry her as soon as he secures his divorce decree from the Dominican
Republic. Eventually he got the foreign divorce, and married B in the United States. C, however,
found out that Atty. A was dating D and also promised to marry her once he gets a divorce. B now files
for Atty. A’s disbarment. Will the case prosper?
A: Yes. Contracting a marriage during the subsistence of a previous one amounts to a grossly immoral
conduct. Atty. A knew that the divorce decree he obtained from the court in the Dominican Republic was
not recognized in our jurisdiction as he and B were both Filipino citizens at that time. He knew that he
was still validly married to B; that he cannot marry anew unless his previous marriage be properly
declared a nullity. Otherwise, his subsequent marriage would be void. This notwithstanding, he still
married C. The foregoing circumstances seriously taint Atty. A’s sense of social propriety and moral
values. It is a blatant and purposeful disregard of our laws on marriage (Perez v. Atty. Catindig, 2015).
Q: Atty. X borrowed 100,000 from Y for the funding of the reconstitution of the title of his land. They
had a written agreement that after such reconstitution, the title would serve as security for the loan
and that he would pay an interest of 50,000. However, Atty. X failed to fulfill his obligations. Legal
demands were made to no avail. Y alleged that Atty. X is guilty of violating Rule 1.01. Is this correct?
A: Yes. Rule 1.01 provides that a lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.
In this case, Y could not have been defrauded without the representations of Atty. X. Atty. X knew that
his representations were false since the filing fee for a petition for reconstitution in 2001 was only Php
3,145, and other expenses including publication would not cost more than Php20,000. It is clear that he
employed deceit in convincing Y to part with his hard-earned money and the latter could not have been
easily swayed to lend money were it not for his misrepresentations and failed promises as a member of
the bar.
A lawyer shall at all times uphold the integrity and dignity of the legal profession. The trust and
confidence necessarily reposed by clients requires in the attorney a high standard and appreciation of his
duty to his clients, his profession, the courts and the public. The bar must maintain a high standard of
legal proficiency as well as honesty and fair dealing (Sps. Tejada v Atty. Palana, 2007).
Q: What is the purpose on why a lawyer should have continuing good moral character?
A: To protect the public; to protect the public’s image of the lawyer; to protect prospective clients; and to
protect the lawyer from himself (Dantes v. Dantes, 2004).
Q: What is the basis behind the rule that a lawyer shall not reject, except for valid reasons, the cause of
the defenseless or the oppressed?
A: Article III, Sec. 11 of the 1987 Constitution provides that free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not be denied to any person by reason of poverty.
The best advertising possible for a lawyer is a well-merited reputation for professional capacity and
fidelity to trust, which must be earned as the outcome of character and conduct (Ulep v. The Legal Clinic,
1993).
Q: If one of the partners in a firm accepts a public office, what are the steps to be taken?
A: He shall withdraw from the firm and his name shall be dropped from the firm name unless the law
allows him to practice law concurrently. The purpose of the rule is to prevent the law firm from using his
name to attract legal business and to avoid suspicion of undue influence.
Q: Does a lawyer have the duty to participate in the improvements of the legal system?
A: Yes. A lawyer shall participate in the development of the legal system by initiating or supporting
efforts in law reform and in the improvement of the administration of justice (Canon 4, Code of Professional
Responsibility).
Q: Is the automatic and compelled membership to the IBP violative of the freedom to associate?
A: No. In Re: Edillon (1978), the Supreme Court held that integration does not make a lawyer a member of
any group of which he is not already a member. A lawyer becomes a member of the bar when he passes
the bar examinations. All that integration actually does is to provide an official national organization for
the well-defined but unorganized and non-cohesive group of which every lawyer is already a member.
Q: Is an applicant’s declaration in his application for admission to the bar examinations that he was
“single” when, in fact, he was married a violation of the duty to uphold the integrity and honesty of
the profession?
A: Yes. Canon 7 of the Code of Professional Responsibility provides that a lawyer shall at all times
uphold the integrity and dignity of the legal profession and support the activities of the Integrated Bar.
Thus, he shall be answerable for knowingly making a false statement or suppressing a material fact in
connection with his application for admission to the bar. (Zaguirre v. Castillo, 2003)
Q: Atty. A passed the 1979 bar examinations and took the Attorney’s Oath on 7 May 1980. He was
scheduled to sign the Roll of Attorneys on 13 May 1980, but he failed to do so, allegedly because he
had misplaced the Notice to Sign the Roll of Attorneys given by the Bar Office when he went home to
his province for a vacation. He filed before the SC asking permission to Sign the Roll only 32 years
after. Should his petition be granted? Can he be suspended?
A: Yes. If Atty. A was not allowed to sign in the Roll of Attorneys, it would be akin to imposing upon him
the ultimate penalty of disbarment, a penalty that reserved for the most serious ethical transgressions of
members of the Bar. However, Canon 9 of the Code of Professional Responsibility states that, “A lawyer
shall not, directly or indirectly, assist in the unauthorized practice of law.” Previous violations of Canon 9
have warranted the penalty of suspension from the practice of law. As Medado is not yet a full-fledged
lawyer, the Court cannot suspend him from the practice of law.
However, the Court see it fit to impose upon him a penalty akin to suspension by allowing him to sign in
the Roll of Attorneys one (1) year after receipt of the Resolution (In re: Michael A. Medado, 2013).
Q: X passed the Bar Examinations, and took her oath. She, however, prior to signing the Roll of
Attorneys, appeared as counsel in an election case. Was her appearance an unauthorized practice of
law?
A: Yes. It is the signing in the Roll of Attorneys that finally makes one a full-fledged lawyer. The fact that
respondent passed the bar examinations is immaterial. Passing the bar is not the only qualification to
Q: May lawyers divide or share fees for legal services with persons not licensed to practice law?
A: As a general rule, no. Canon 9 likewise prohibits lawyers from dividing or sharing fees for legal
services with persons not licensed to practice law, except in the following instances:
(1) Where there is a pre-existing agreement with a partner or associate that, upon the latter's death,
money shall be paid over a reasonable period of time to his estate or to persons specified in the
agreement;
(2) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or
(3) Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if the plan
is based in whole or in part, on a profit sharing agreement.
Q: Whether or not a lawyer-senator who called the Supreme Court “idiots” in a privilege speech failed
to observe the respect due to the Court?
A: Yes. In Pobre v. Defensor-Santiago (2009), the Supreme Court held that the lady senator has undoubtedly
crossed the limits of decency and good professional conduct. It is at once apparent that her statements in
question were intemperate and highly improper in substance. No lawyer who has taken an oath to
maintain the respect due to the courts should be allowed to erode the people’s faith in the judiciary. In
this case, the lady senator clearly violated Canon 8, Rule 8.01 and Canon 11 of the Code of Professional
Responsibility which respectively provide:
Canon 8, Rule 8.01. A lawyer shall not, in his professional dealings, use language which is abusive,
offensive or otherwise improper.
Canon 11. A lawyer shall observe and maintain the respect due to the courts and to the judicial officers and
should insist on similar conduct by others.
Q: May a lawyer unduly delay a case or go around the rules of procedure for the purpose of advancing
a client’s cause?
A: No. While lawyers owe their entire devotion to the interest of the client and zeal in the defense of their
client's right, they are also officers of the court, bound to exert every effort to assist in the speedy and
efficient administration of justice. They should not misuse the rules of procedure to defeat the ends of
justice or unduly delay a case, impede the execution of a judgment or misuse court processes. The facts
and the law should advise them that a case such as this should not be permitted to be filed to merely
clutter the already congested judicial dockets. They do not advance the cause of law or their clients by
commencing litigations that for sheer lack of merit do not deserve the attention of the courts (Eternal
Gardens Memorial Park Corp. v. CA, 1998).
Q: As a general rule, a lawyer is not obliged to act as legal counsel for any person who may wish to
become his client. What are the exceptions?
A: Yes. The following are the exceptions:
(1) A lawyer shall not refuse his services to the needy (Canon 14, Code of Professional Responsibility);
(2) He shall not decline to represent a person solely on account of the latter's race, sex, creed or
status of life or because of his own opinion regarding the guilt of said person (Canon 14, Rule
14.01, Code of Professional Responsibility);
(3) For serious and sufficient cause, such as when:
a. He is in no position to carry out the work effectively or competently;
b. He labors under a conflict of interest between him and the prospective client or between a
present client and a prospective client (Canon 14, Rule 14.03, Code of Professional
Responsibility).
Q: What is considered privileged communication? What are the rules governing privileged
communication?
A: Privileged communication refers to information transmitted by voluntary act of disclosure between
attorney and client in confidence and by means which so far as the client is aware discloses the
information to no third person other than one reasonably necessary for the transmission of the
information or the accomplishment of the purpose for which it was given.
Matters disclosed by a prospective client to a lawyer are protected by the rule on privileged
communication even if the prospective client does not thereafter retain the lawyer or the latter declines
the employment. It covers crimes and offenses already committed by the client.
The privilege continues to exist even after the termination of the attorney-client relationship.
Q: Does the attorney-client privilege terminate after the termination of the attorney-client
relationship?
A: No. The protection given to the client is perpetual and does not cease with the termination of the
litigation, nor is it affected by the client's ceasing to employ the attorney and retaining another, or by any
other change of relation between them. It even survives the death of the client (Bun Siong Yao v. Aurelio,
2006).
In Pacana v. Pascual Lopez (2009), respondent’s act of constantly and actively communicating with
complainant, who, at that time, was beleaguered with demands from investors of Multitel, eventually led
to the establishment of a lawyer-client relationship. Respondent cannot shield herself from the inevitable
consequences of her actions by simply saying that the assistance she rendered to complainant was only in
the form of friendly accommodations, precisely because at the time she was giving assistance to
complainant, she was already privy to the cause of the opposing parties who had been referred to her by
the SEC.
Q: Should a lawyer dissuade or inform his client if he finds that the intended suit is devoid of merit?
A: Yes. A lawyer when advising his client shall give a candid and honest opinion on the merits and
probable results of the client’s case, neither overstating nor understating the prospects of the case (Canon
15, Rule 15.05, Code of Professional Responsibility).
Q: Whether or not a lawyer who advised her client to plead compassion to the judge for their motions
to be granted is not acting in compliance with the law?
A: Yes. A lawyer shall impress upon his client compliance with the laws and principles of fairness (Canon
15, Rule 15.07, Code of Professional Responsibility). In Areola v. Mendoza (2014), the Supreme Court held that
any means, not honorable fair and honest resorted to by the lawyer, even in the pursuit of the client’s
cause, is unethical and condemnable.
Q: If the lawyer has a lien for fees on money in his hand, does it relieve him from accounting for the
funds received?
A: No. The relation between an attorney and his client is highly fiduciary in its nature and of a very
delicate, exacting and confidential character, requiring a high degree of fidelity and good faith. As a
result, a lawyer shall account for all money or property collected or received for or from the client (Canon
16, Rule 16.01, Code of Professional Responsibility). If he does not use the money for its particular purpose,
he must immediately return the same to the client (Belleza v. Macasa, 2009).
Q: Whether or not a lawyer committed culpable n as would warrant disciplinary action in failing to
file an answer for his clients?
A: Yes. In Santiago v. Fojas (1995), the Supreme Court held that once a lawyer agrees to take up the cause
of the client, he must serve the client with competence and diligence, and champion the latter’s cause
with wholehearted fidelity, care and devotion. Every case a lawyer accepts deserves his full attention,
diligence, skill and competence regardless if he accepts it for a fee or not. This means that his client is
entitled to the benefit of any and every remedy and defense that is authorized by the law of the land and
said client may expect his lawyer to assert every such remedy or defense.
Q: If an attorney has a lien over the documents, funds and papers of his clients, will it amount to
misappropriation if he retains the same until his lawful fees have been paid?
A: No. Under Rule 138, Sec. 37 of the Rules of Court, an attorney who has a lien over the documents,
properties and funds of his client which have lawfully come into his possession may retain the same until
his lawful fees and disbursements have been paid.
Q: What does Rule 19.01, Canon 19 of the Code of Professional Responsibility prescribe the lawyer to
do in presenting his clients?
A: A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall
not present, participate in presenting or threaten to present unfounded criminal charges to obtain an
improper advantage in any case or proceeding.
Q: What should a lawyer who has knowledge of a fraudulent act committed by his client do?
A: Under Canon 19, Rule 19.02 of the Code of Professional Responsibility, a lawyer who has received
information that his client has, in the course of the representation, perpetrated a fraud upon a person or
tribunal, shall promptly call upon his client to rectify the same, and failing which, he shall terminate the
relationship with such client.
In a contingent fee contract, the lawyer gets reimbursed for the advances made for the client in the course
of representation, whether he wins the suit or not; only the amount of the professional fee is contingent
upon winning.
Q: With regard to fees, what should the lawyer avoid based on Rule 20.04, Canon 9?
A: A lawyer shall avoid controversies with clients concerning his compensation and shall resort to
judicial action only to prevent imposition, injustice or fraud.
The lawyer may likewise collect on the basis of quantum meruit. Quantum meruit, meaning “as much as
he deserves”, is used as the basis for determining the lawyer’s professional fees in the absence of a
contract (Sps. Garcia v. Atty. Bala, 2005). A lawyer will receive such amount commensurate to the services
he rendered during the period of lawyer-client relationship which may have been severed by either party
during the pendency of the referral. It may also be collected in event of the death of counsel before the
resolution of the case (International Hotel Corporation v. Joaquin and Suarez, 2013).
Q: Cite three instances when a lawyer is allowed to withdraw his or her services.
A: Any of the following under Canon 22.01 are instances when a lawyer may withdraw his/her services:
Q: May a lawyer who is also the clerk of court and ex-officio sheriff be charged with disbarment for
changing the bid price in the Certificate of Sheriff’s sale?
A: Yes. The general rule is that a lawyer who holds a government office may not be disciplined as a
member of the bar for misconduct in the discharge of his office as a government official, unless such
misconduct is of such character as to affect his qualification as a lawyer or to show moral delinquency
(Dinsay v. Cioco, 1996).
Q: Which courts have the power to institute proceedings for disbarment and suspension or discipline
of attorneys?
A: Proceedings for disbarment, suspension or discipline of attorneys may be taken by the:
(1) Supreme Court motu proprio; or
(2) Integrated Bar of the Philippines (IBP) upon the verified complaint of any person (Rule 139-B, Sec.
1, Rules of Court as amended by Bar Matter no. 1960).
Q: How can the IBP Board of Governors initiate and prosecute the proper charges against erring
attorneys in the government service?
A: The IBP can prosecute the proper charge motu proprio, upon referral by the Supreme Court or upon
referral by a Chapter Board of officers, or at the instance of any person.
Q: Is it mandatory for the Supreme Court to refer to the IBP the complaints against lawyers?
A: No. The Supreme Court may conduct disciplinary proceedings without the intervention of the IBP by
referring cases for investigation to the Solicitor General or to any officer of the Supreme Court or judge of
a lower court. In such case, the report and recommendation of the investigating official shall be reviewed
directly by the Supreme Court (Bautista v. Gonzales, 1990).
Q: If an attorney is also admitted as a lawyer in a foreign jurisdiction, what is the effect of his
disbarment or suspension by a competent court or other disciplinary authority in said foreign
jurisdiction to his membership in the Philippine Bar?
A: He may be disbarred or suspended in the Philippines if the grounds for his suspension or disbarment
in a foreign jurisdiction is also a ground for suspension or disbarment in the Philippines, or if it shows a
loss of his good moral character (In Re: Maquera, 2004). He is, however, still entitled to notice and hearing
and the decision of the foreign tribunal will only be prima facie evidence of his guilt.
Q: Define readmission.
A: It is the restoration proceedings to a disbarred lawyer the privilege to practice law. It is also referred to
as reinstatement.
Q: Does the Supreme Court have the power to re-admit lawyers to practice?
A: Yes. This power of the Supreme Court is founded on its constitutional prerogative to promulgate rules
concerning the admission to the practice of law and the Integrated Bar (Art. VIII, Sec. 5(5), 1987
Constitution).
Q: What is the basic inquiry of the Supreme Court in a petition for reinstatement?
A: The inquiry is whether the lawyer has sufficiently rehabilitated himself or herself in conduct and
character. The lawyer has to demonstrate and .prove by clear and convincing evidence that he or she is
again worthy of membership in the Bar. The Court will take into consideration his or her character and
standing prior to the disbarment, the nature and character of the charge/s for which he or she was
disbarred, his or her conduct subsequent to the disbarment, and the time that has elapsed in between the
disbarment and the application for reinstatement.
Q: What are the guidelines in resolving requests for judicial clemency of disbarred lawyers?
A: The following guidelines are followed in the resolution of requests for judicial clemency:
(1) There must be proof of remorse and reformation;
(2) Sufficient time must have lapsed from the imposition of the penalty to ensure a period of
reformation;
(3) The age of the person asking for clemency must show that he still has productive years ahead of
him that can be put to good use by giving him a chance to redeem himself;
(4) There must be a showing of promise (such as intellectual aptitude, learning or legal acumen or
contribution to legal scholarship and the development of the legal system or administrative and
other relevant skills), as well as potential for public service;
(5) There must be other relevant factors and circumstances that may justify clemency (In Re: Letter of
Judge Diaz, 2007).
Q: Does the loss of Filipino citizenship terminate the privilege to practice law in the Philippines?
A: Yes, but subject to an exception. Filipino citizenship is a requirement for admission to the bar, loss
thereof terminates membership in the Philippine bar and, consequently, the privilege to engage in the
practice of law (In Re: Dacanay, 2007). However, under R.A. no. 9225, all Philippine citizens who become
citizens of another country shall be deemed not to have lost their Philippine citizenship.
Q: Is the failure of the lawyer to disclose the number and date of issue of his MCLE Certificate of
Compliance or Exemption a cause for dismissal?
A: Yes. Practicing members of the bar are required to indicate in all pleadings filed before the courts or
quasi-judicial bodies, the number and date of issue of their MCLE Certificate of Compliance or
Exemption, for the immediately preceding compliance period. Failure to disclose the required
information would be cause of dismissal and expunction of the pleadings from the records.
Q: What is the scope of Bar Matter 2012: The Rule on Mandatory Legal Aid Service?
A: It governs the mandatory requirement for practicing lawyers to render free legal aid services in all
cases involving indigent and pauper litigants where the assistance of a lawyer is needed.
Q: May a notary public notarize documents beyond the territorial jurisdiction of the commissioning
court that issued his commission?
Q: Would a notary public who admittedly has personal knowledge of a false statement or information
contained in the instrument to be notarized yet affixes the notarial seal be subject to disciplinary
action?
A: Yes. A notary public should not notarize a document unless the persons who signed it are the same
ones who executed it and who personally appeared before said notary public to attest to the contents and
truth of what are stated therein (De Jesus v. Sanchez-Malit, 2014). Such action is a violation of Canon 1 and
Rules 1.01 and 1.02 of the Code of Professional Responsibility, and the Notarial Law.
Q: What is the liability of a lawyer for notarizing a document when the affiant is already dead?
JUDICIAL ETHICS
Q: Identify the six canons under the New Code of Judicial Conduct for the Philippine Judiciary.
A: Independence, Integrity, Impartiality, Propriety, Equality, Competence and Diligence.
Q: Does the Supreme Court have administrative jurisdiction over Judges and Justices?
A: Yes. Section 6, Article VIII of the Constitution provides that the Supreme Court shall have
administrative supervision over all courts and the personnel.
Q: When does the Supreme Court en banc have jurisdiction over a disbarment case?
A: Cases where the penalty to be imposed is the dismissal of a judge, officer or employee of the Judiciary,
disbarment of a lawyer, or either the suspension of any of them for a period of more than one (1) year or a
fine exceeding P10,000.00, or both, are resolved by the Supreme Court en banc (Bar Matter No. 209).
If after such deliberation still no decision is reached, the Court shall dismiss the administrative case,
unless a majority vote decides to impose a lesser penalty.
Remittal is effected under Section 6 of the same Canon: “A judge disqualified as stated above may,
instead of withdrawing from the proceeding, disclose on the records the basis of the disqualification. If,
based on such disclosure, the parties and lawyers independently of judge’s participation, all agree in
writing that the reason for the inhibition is immaterial or unsubstantial, the judge may then participate in
the proceeding. The agreement, signed by all parties and lawyers, shall be incorporated in the record of
the proceedings.”
Q: Is intimacy or friendship between a judge and an attorney of record of one of the parties to a suit a
ground for disqualification?
A: No. It is not a legal ground for disqualification of a judge. However, if the relationship between the
judge and an attorney for a party is such that there would be a natural inclination to prejudice the case,
the judge should be disqualified in order to guarantee a fair trial (Query of Executive Judge Estrada, 1987).
Q: How are proceedings for the discipline of judges of regular and special courts and Justices of the
Court of Appeals and the Sandiganbayan instituted?
A: These proceedings for members of the Judiciary in lower courts may be instituted:
(1) Motu proprio by the Supreme Court;
(2) Upon a verified complaint, supported by affidavits of person who have personal knowledge of
the facts alleged therein or by documents which may substantiate said allegations; or
(3) Upon an anonymous complaint, supported by public records of indubitable integrity (Rule 140,
Sec. 1, Rules of Court, as amended by A.M. No. 01 - 8-10-SC).
Q: Can the Supreme Court take cognizance of an anonymous letter-complaint against a Judge of the
RTC?
A: Yes. Section 1 of Rule 140 of the Rules of Court provides that proceedings for the discipline of judges
of regular and special courts, and justices of the Court of Appeals and the Sandiganbayan, may be
instituted "upon an anonymous complaint, supported by public records of indubitable integrity".
Q: Describe the procedure followed when giving due course to a complaint against an RTC judge.
A: If the complaint is sufficient in form and substance, as copy thereof shall be sent to the respondent, and
he shall be required to comment within ten (10) days from date of service. Upon the filing of the
respondent's comment, the Supreme Court shall refer the matter to the office of the Court Administrator
for evaluation, report and recommendation, or assign the case to a Justice of the Court of Appeals, for
investigation, report and recommendation.
The Investigating Justice shall set a date for the hearing and notify the parties thereof, and they may
present evidence, oral or documentary, at such hearing. The Investigating justice shall terminate the
investigation within ninety (90) days from its commencement, and submit his report and
recommendation to the Supreme Court within thirty (30) days from the termination of the investigation.
The Supreme Court shall take action on the report as the facts and the law may warrant.
Q: In the case of serious charges against erring members of the Judiciary, what are the sanctions
imposed by the Supreme Court?
A: The Supreme Court may impose:
(1) Dismissal from the service, forfeiture of all or part of the benefits as the Court may determine,
and disqualification from reinstatement or appointment to any public office, including GOCCs
but said forfeiture of benefits shall in no case include accrued leave credits. ;
(2) Suspension from office without salary and other benefits for more than three (3) but not
exceeding six (6) months; or
(3) Fine of more than P20,000.00 but not exceeding P40,000 (Rule 140, Sec. 11(a), as amended by A.M.
No. 01-8-10-SC).
Q: In the case of less serious charges against erring members of the Judiciary, what are the sanctions
imposed by the Supreme Court?
A: The Supreme Court may impose:
(1) Suspension from office without salary and other benefits for not less than one (1) nor more than
three (3) months; or
(2) A fine of more than P10,000.00 but not exceeding P20,000.00 (Rule 140, Sec. 11(b), as amended by
A.M. No. 01-8-10-SC).
Q: In the case of light charges against erring members of the Judiciary, what are the sanctions imposed
by the Supreme Court?
A: The Supreme Court may impose:
(1) A fine of not less than P1,000.00 but not exceeding P10,000.00; and/or
(2) Censure;
(3) Reprimand; or
(4) Admonition with warning (Rule 140, Sec. 11(c), as amended by A.M. No. 01-8-10-SC).
Keep your dreams alive. Understand to achieve anything requires faith and belief in yourself, vision,
hard work, determination, and dedication. Remember all things are possible for those who believe.
– Gail Devers