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Legal and Judicial Ethics- Finals
LEGAL ETHICS
Canon 19- The lawyer should represent the client within the
bounds of the law- it means that no amount of zeal could ever justify
going beyond the law.
A lawyer should only employ fair and honest means to attain the
lawful objectives of his client and shall not present or participate or
threatening to participate unfounded criminal charges- the first part
is very self-explanatory, but let’s elaborate on:
“shall not present or participate in presenting or threatening to
present unfounded criminal charges to obtain and advantage to any
proceedings”
- that is one of the “dirty tricks” of the trade as it is a very
common practice. Let’s say there is a complaint for illegal
dismissal against the employer and the employer has no
defense. So the lawyer says, let’s make it look like you have
a “defense” and “let it appear that an employee stole from
your company” because that’s a valid ground for dismissal.
So in that case, the criminal case is “bogus” because you are using
such as a bargaining leverage against the employee.
You will tell the employee, drop the labor case against my client
(employer), so we would drop the criminal case against you- dirty
tactic. Unethical.
HOW DO WE DEFEND OUR CLIENT, IF WE THINK HE REALLY
IS GUILTY OF A CRIME:
1. Of course, even if he is guilty you are required to defend
him but using all fair and honorable means, it does
not give you license to violate the law. So you can’t go
beyond invoking grounds which are obviously unavailable
for him under the law.
PROBLEM:
Your client is on the witness stand, and you know he is not telling the
truth- in short he is lying on the witness stand. And because of the
lie, you won the case. What would you do as a lawyer?
RULE 19.02
A lawyer who has received an information or who has discovered that
his client has in the course of representation perpetrated a fraud
upon a person or tribunal, shall PROMPTLY and SECRETLY call
upon the client to rectify the statement, failing which the
lawyer should terminate the relationship.
TN: You do not tell the court that your client lied, because as his
counsel you have the obligation to keep your client’s secrets
and confidences.
If your client will insist, terminate relationship.
Naay ni ask: Even if after acquittal of your client judge? His case
can not be tried again if assuming it was already dismissed.
Judge: Acquittal naman gud na, under the law what is the effect of
acquittal? He can’t be tried. In that case, the client is clever enough to
only tell his lawyer after he testified. The lawyer here can’t be at fault
because he can’t be charged with the knowledge because he did not
know before hand.
QUESTION:
1.What if the client will not rectify? Therefore, in that case the lawyer
will have to file for a “Motion for Withdrawal as Counsel”, but what
ground will he put as a reason for his withdrawal?
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Take note that he is bound to keep his client’s secrets and
confidences. Thus, the lawyer can only say that there are
differences on strategies on how to go about the case or the client
insists in means or conduct contrary to that of the lawyers advise.
Naay ni ask: So ang lawyer na lang ang mamakak?
Judge: Dili man na bakak, because what he did is iya lang gi silent
2.What if the client does not agree to the termination of counsel?
TN: Motion for Withdrawal of Counsel can be effected without
the client’s consent
In fact, the client can tell the court that Your Honor, I do not consent
to the motion, and also I do not know what my counsel is trying to
tell the court or why he is saying that I am doing something in
contrary to his advise.
What next? Can the lawyer expose that the client lied in the witness
stand? (We will go there later)
A lawyer shall not allow his client to dictate the procedure in a case.
Who should control the case? The lawyer, because it is a matter of
the law.
Why is this important to know? Because, in the course of your
career, you will be meeting clients who are powerful, and they
really have the tendency to control their lawyers! So just remember
that, it is the lawyer who controls the case because it is his
job to know the law that should apply.
ATTORNEY’S FEES
It must be FAIR and REASONABLE.
It is the salary or remuneration, in exchanged of the legal services
rendered.
Rationale: the lawyer like any other human being has the right to
livelihood, but we are talking about fair and reasonable pay.
THERE ARE TWO CONCEPTS:
1. ORDINARY
-That’s what we normally refer to as lawyers fees in exchange of
legal services.
Is there are presumption that a lawyer is entitled to atty’s fees?
If a lawyer renders valuable services, a promise to pay a
reasonable value is presumed.
No one can be unjustly enriched at the expense of another.
Facio ut des- I do that you may give.
Unless, if such services is intended to be gratuitous. But because
it is an exception, who has the burden of proof? Or who should
establish that there is an intention na pro bonu? The client,
bec again presumption is that the lawyer must be paid.
2. EXTRAORDINARY
-this is indemnity for damages, ordered by the court to pay to
the winning party in the litigation. *I’m sure you already have
encountered in the dispositive portion of the cases that you
have been reading, “atty fees in the amount of” what are these
damages? M.E.N.T.A.L.
Also in the CC, under the title of damages particularly Article
2208, there is atty fees by way of damages, specifically.
So to whom should it be paid? To the client or to the
winning party. It doesn’t mean that it is termed as atty fees
that it be paid to the lawyer, because again this is by way of
damages so it is like an award to the winning party.
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Rationale: Since it is imperative that the client have spent for
atty’s fees, thus by way of reimbursing him for that expense,
the court awards atty’s fees by way of damages.
Except if, there is an agreement between the client and the
lawyer that the atty fees by way of damages be part as an
additional fee to the counsel.
Naay ni ask: Is the atty fees by way of damages discretionary to the
judge or it must be prayed for? It must be prayed for, and also
must be warranted under Article 2208.
It is therefore dishonest for the lawyer to tell his client that the attys
fees in the dispositive portion belongs to him.
INSTANCES where ATTY’s FEES can be AWARDED by the
COURT
How does a contract for Atty’s Fees made?
1. Oral
2. Written
* oral and written are both express agreements.
3. Implied- When there is neither oral nor written contract
made, however the lawyer already made a valuable legal
services and the client has benefited thereby. Thus, facio
ut des apply
Naay ni ask: Is it the same as quantum meruit?
Judge: Quantum meruit is different because it is how to fix the
amount, as much as the lawyer deserves.
So of the three, which is the best contract? Written. For the benefit
of both the client and the lawyer. Sometimes, cases take a long time
to be resolved, you might forget how much attys fees you quoted, so
it is best to put it in writing.
TN: Also, added benefit to the lawyer, because in case when there is
unjustified dismissal of the lawyer, he shall be entitled to recover
full amount of the compensation (Section 26, Rule 138 of
the ROC) based on the written contract.
Because the law, also defends lawyer from unscrupulous clients.
Even if the lawyer gets fired, he can still collect.
How will you craft you contract for atty’s fees?
-In the simplest words possible, avoid legalese. As simple as possible
to avoid confusion and disagreement in the future. If only for the
purpose of understading your contract, your client would seek other
lawyers to make him understand.
If there is doubt in the atty’s fees, it will be resolved in favor of your
client.
Naay ni ask: How do you fire your client? :D
Judge: You simply talk to your lawyer, or you get another lawyer and
let him file “Motion for Substitution of Counsel” in court.
Just like any other contracts, the parties can freely stipulate in its
terms provided voluntary and not against law, morals, good customs,
public policy and public order.
Judge: Dili ba uwaw, na consultation pa lang tapos you bring up the
topic of atty’s fees to your client? :D *in your head, maulaw man ko
oy” :D *kuha jud kog secretary akoa :D
Haha but Judge said, for all you know, your client was also
wondering, omg can I afford this lawyer? So quote dayon sa imong
attys fees :D
However, for both your benefit, break the ice and tell your client this
is the atty’s fees.
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Naay ni ask: Judge, can a lawyer charge me if we we’re only talking
for like 10 mins. YES. Naa may mu charge per hour.
Basis for Attys fees if the contract is implied:
You know the concept of unjust enrichment. So the client can not
unjustly enrich himself at the expense of others. Facio ut des.
Can atty fees be subject to court review? YES. Because, the lawyer is
the officer of a court.
KINDS OF ATTY’S FEES (CA3T)
1. Absolute- the client pays it, regardless of what happens next.
2. Contingent- the client pays if they win or gets favorable judgment
3. Apperance- every time he appears in court
4.Time billing- per hour consultation.
5. Acceptance fee- the lawyer did not do anything pa.
You can have all or combine some or just only one, depending on
your agreement with client. Provided agreed upon.
Nag example si atty og contract containing all those 5 atty fees :D
Basta within the bounds of what is fair and reasonable.
-Nag think na daw ka na sus, daghan na kay kag buhaton na
pleadings, so one way to let your client respect your time is to charge
time billing
Success fee- if you win the case.
If musugot lang imo client, padayon. But if dili then adjust.
In the CPR, there is really no standard rate. Kay what if lisud jud
kaayo na case diba. Also, it would depend if a junior associate or he
will request a senior associate to handle.
Contingent fee contract or purely contingent- this is a
contract where a lawyer will get paid only if he wins. Also known as
No cure No pay basis. Normally, it comprise a % sharing. This is
allowed, why because this is one way the poor can be vindicated by
finding a lawyer who would agree for a contingent fee contract.
Win win situation because the lawyer should assess that the case is
winnable also before he enters into a contingent fee contract.
The lawyer may not file an appeal, despite his client refusal to appeal.
Kay napildi man sila, so wala jud siya makuha na fees. “Appeal ta Sir”
BUT “Dili lang ko mo appeal Atty”, and the lawyer says, wala pa
bayaka kabayad nako. So I insist we appeal?
-No, because a contingent fee contract does not make the lawyer a
creditor of the client. If the contingency does not occur, then the
lawyer is not entitled to collect, because their contract does not
confer upon the lawyer any personal or real right to collect from his
client, unless they obtain favorable judgement.
Champertous contracts- This one is whereby a lawyer agrees to
prosecute suits at his own expense, and the client agrees to pay…
simply put there is still a percentage sharing if they win, but add to
that the lawyer also agrees to shoulder all expenses of
litigation, in exchanged he gets a % of the winning.
Champertous contracts are VOID, as it is against public policy. As
compared to a contingency contract, there is no such thing as the
lawyer shouldering all expenses of litigation that is the primary
distinction.
In a contingency contract, what does the lawyer forego for the
mean time? –

Only his atty fees, and there is no undertaking to agree to pay for
his litigation expenses.
Why is it against public policy? Because, we now have a lawyer
who is an investor in a suit, in such a way that he would not
allow to have his case be defeated and would naturally want a
return of investment, thus might lead him to resort to
unethical means since he has already put in his resources.
So make it very clear to the client, that your client should be the one
who should pay for the litigation expenses.
Canon 20.01 – there is no such thing as a standard rate, it will have
to depend on a lot of factors:
1. time spent
2. difficulty of questions
3. the skill demanded
4. professional standing of the lawyer
you could perhaps refer to IBP schedule, but we know that the
lawyers can charge higher than that.
Quantum meruit- this is the determination of atty fees which is as
much as the lawyer deserves. Ability to pay, responsibility imposed
and results secured
When does quantum meruit apply? When the fees stipulated is
unconscionable. So obviously, that is only to be determined by
the court.
When the contract of employment is VOID, because of the
irregularity in its execution (some technical or formal issue)- IPA
quantum meruit
There is an agreement to pay but the amount was not agreed upon.
– IPA quantum meruit.
Where the lawyer withdraws with justifiable cause- ipa
quantum meruit.
Section 26 Rule 138 of the Rules of Court- FULL amount to recover
if the cause is NOT JUSTIFIABLE CAUSE ang reason sa lawyer.
Also, if the cause is not justified, the fees can be reduced or even
forfeited.
Can the law limit the collection of atty fees? Yes, and we usually see
this in social legislation. “A lawyer can not collect atty fees more than
P20” here, a law limits the collection.
This is a “better” law, because previously the law prohibits the lawyer
to collect fees in the prosecution of…
Labor code, it shall be unlawful for the person to demand or accept
in any judicial or administrative proceedings, atty’s fees which
exceed 10% of the amount of wages to be collected.
Why? It is ironic man gud if the worker wins, but loses everything to
his lawyer by means of atty’s fees.
Nay ni ask: Judge what if 50-50% okay ra?
Judge: it says here, should not exceed 10% of the amount of wages
collected. Any contract should yield to the law,even if you stipulated
and agreed on such but since it is contrary to law, then that should
not be allowed as in runs counter to the principle of liberty or
autonomy of contracts.
Rule 20.02 20.02
a lawyer shall, in cases of referral, with the consent of the
client may entitled to a division of fees in proportion to the
work performed and the responsibility assumed
-this is fee splitting
Q: Can lawyers split the fee among themselves?
A: YES. But there must be 3 requisites.
 It is a referral
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 With the client’s consent
 Split must be proportionate to the work performed and the
responsibility assumed
*Let’s say walamnang last requisite, you simply refer a case to
another lawyer
Q: Are you entitled to a split?
A: NO. Otherwise, you will be acting like an agent or a runner for
that particular lawyer and you get a kickback for the mere fact of
referring. -remember that solicitation of legal business is illegal
-you must have performed a work or responsibility in the
case
Rule 20.03 - A lawyer shall not, without the full
knowledge and consent of the client, accept any fee,
reward, costs, commission, interest, rebate or forwarding
allowance or other compensation whatsoever related to
his professional employment from anyone other than the
client.
20.04
A lawyer shall avoid controversies with clients concerning
his compensation and shall resort to judicial action only
to prevent imposition, injustice of fraud.
- Lawyers are presumed to be entitled to livelihood. But they
are urged to avoid controversies with the clients
concerning compensation.
Q: What does this mean?
A: Kutob sa makaya nimo, ayaw nlang pangaway regarding
attorney’s fees. It does not look good in legal profession. It is enough
that you will get a heartful and simple, “Thank you kaau, Attorney.
Pero wa lang jud koy kwarta ibayad.” (SHIT!) If you can take it, take
it sincerely.
BEST THING TO DO! YOU SHOULD ONLY MAINTAIN OR
PRESERVE GOOD RELATIONS!
Dayon paka pini, ma’am if you have money na please pay me :D
2nd part of the rule:
resort to judicial action only to prevent a position in
justice or fraud
-there are clients who take advantage of their lawyers. Let’s
say you have a client, makabayad jd pero d lang mubayad. Then by
all means, file a case
-this rule does not prohibit lawyers from filing cases if the
collection is warranted under the circumstances.
this is an action of a lawyer against the client for collection of
attorney’s fees called ASSUMPSIT
21 – A LAWYER SHALL PRESERVE THE CONFIDENCE
AND SECRETS OF HIS CLIENT EVEN AFTER THE
ATTORNEY-CLIENT RELATION IS TERMINATED
“we have already discussed this during Attorney-Client
Relationship”
Why do we have Canon 21 when in fact we already have the atty
client privilege?
-Atty client privilege is a communication. Confidences and Secrets
are broader. The lawyer knows those.
Take note: “even after the attorney-client relationship is
terminated”
 the obligation to preserve client confidences and secrets
outlasts the professional employment of the lawyer.
 in addition to possible administrative liability, there could
also be criminal liability (Art. 209 of RPC)
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“all secrets are atty client privilege, but not all atty client privilege are
secrets”
-that they may not be covered by the privilege but must be protected
by the lawyer anyway.
21.01 A lawyer shall not reveal the confidences or secrets of
his client except:
a) When authorized by the client after acquainting him of
the consequences of the disclosure;
b) When required by law;
c) When necessary to collect his fees or to defend himself,
his employees or associates or by judicial action.
GR: a lawyer shall not reveal the confidences of his client
EXCEPT:
1. When authorized by the client after appointing him of the
consequences of the disclosure
-the client’s consent must be intelligently given
-lawyer must have explained to the client consequences of
the disclosure
*Even if consent is given but the consequences was not
explained, not allowed
*if the consent is an informed one, it is a waiver on the part
of the client for the lawyer’s duty to safeguard the client’s
secret
EX: Let’s say the one to make disclosure is the secretary,
stenographer or clerk of the lawyer.
 Aside form the client, they also need the consent of the
lawyer.
2. When the disclosure by the lawyer is required by law
 the law does not make the law office a nest of vipers in
which to hatch crimes or frauds.
 Lawyer’s duty forbid the lawyer from assisting a
commission of the crime or permitting the privilege to
conceal from doing
o So the lawyer can disclose if the client consulted
him as to how to commit a crime. – it is even
required by law
o The privilege does not apply to future frauds
3. When necessary to collect fees or to defend himself or
his staff by judicial action
*Let’s say, a client does not want to pay the lawyer. Makabayad gd
but d lang jd mubayad. So the lawyer filed a collection suit. In his
anwer, the client said he did not pay because the lawyer charges
exorbitant fees.
-the lawyer is put in a situation that he must justify, there
is a need for him to disclose all the work he has done for the benefit
of the client. – he is justified in disclosing the client secret
Rule 21.02 - A lawyer shall not, to the disadvantage of his
client, use information acquired in the course of
employment, nor shall he use the same to his own
advantage or that of a third person, unless the client with
full knowledge of the circumstances consents thereto.
21.03
a lawyer shall not, without the written consent of his
client, give information from his files to an outside agency
seeking such information for auditing, statistical,
bookkeeping, accounting, data processing or any similar
purpose.
EX: NBI agents went to the lawyer asking for files because they are
investigation a client of his, with subpoena.
-if the lawyer complies, he maybe found ethically liable
*If the NBI says, “Sige na attorney, ok ra sa imo client. We have
already talked to him.” So the lawyer call his client and confirm if he
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really consented. Client said YES, to give them all the files. The
lawyer gives them the files.
Q: Is the lawyer liable?
A: YES. He needs a WRITTEN consent
Case: the court cannot order an opening of lawyer’s cabinet
seized by virtue of a valid search warrant, which cabinet
contains files of his clients.
Rule 21.04 - A lawyer may disclose the affairs of a client of
the firm to partners or associates thereof unless
prohibited by the client.
21.05
a lawyer shall adopt such measures as maybe required to
prevent those whose services are utilized by him from
disclosing or using confidences or secrets of the client
 it would be useless if the lawyer is very vigilant of client’s secret
but his staffs are talking about his client’s secrets outside the
office.
 This provision only tells the lawyer that it is their duty to
carefully select, train, manage, supervise and control their
employees to the end that the client’s secret is safeguarded.
21.06
a lawyer shall avoid discrete conversation about the
client’s affair even with members of his family
21.07
a lawyer shall not reveal that he has been consulted about
a particular case except to avoid possible conflict of
interest
 lawyers are prevented from advertising who their clients are
 if a law firm is advertising about their client, most probably, it
has sought the consent of their client before advertising
22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY
FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN
THE CIRTUMSTANCES.
Q: Can the lawyer withdraw as a counsel?
A: YES. It must be with good cause and proper notice.
Withdrawal by a Lawyer – 2 possible scenarios
1. with the consent of the client
 there must be a consent of the client
 motion for withdrawal of counsel filed with the court and
served upon the adverse party
2. client does not consent
 hearing for the motion of withdrawal as counsel
 hearing is done after due notice to the client and the lawyer
 court would have to determine if the lawyer ought to be
allowed to withdraw
How will the lawyer show the client consent in his withdrawal?
In the motion itself there is a portion where “with my written
consent and conformity” then he signs
When can a client discharge hi lawyer?
*Right of the client to terminate counsel is absolute
22.01 – A lawyer may withdraw his services in any of the
following cases:
a) When the client pursues an illegal or immoral course of
conduct in connection with the matter he is handling;
b) When the client insists that the lawyer pursue conduct
violative of these canons and rules;
c) When his inability to work with co-counsel will not
promote the best interest of the client;
d) When the mental or physical condition of the lawyer
renders it difficult for him to carry out the employment
effectively;

e) When the client deliberately fails to pay the fees for the
services or fails to comply with the retainer agreement;
f) When the lawyer is elected or appointed to public office;
and
g) Other similar cases.
- JUST READ – these are the grounds for a lawyer
to withdraw a counsel
*it only says “MAY” – he may withdraw or he may not
A&B – if the client insist in pursuing immoral, unlawful, unethical
courses of action
C – when his inability to work with co-counsel will not promote the
best interest of the client
Say the client hired another lawyer para daghan mo and it
turns out he hired your mortal enemy.
E – when the client DELIBERATELY fails to pay the fees
-if d sya makabayad kay d jd sya kabayad – not a ground
for withdrawal
F – when a lawyer is elected in public office
 here we have to qualify: it refers to public office which
allows the concurrent private practice of the law
o if the public office prohibits the practice of law,
withdrawal of private practice is concurrent and
not discretionary
o no choice but to withdraw from all his cases
*The list is not exhaustive – G – “in any manner similar”
when the client acts in a manner which tends to degrade
his profession, cge lag pang chancing.
*When it is apparent that the lawyer is required to be a
witness of a substantial matter, then the lawyer can
voluntarily withdraw the case.
22.02 A lawyer who withdraws or is discharged shall,
subject to a retainer lien, immediately turn over all papers
and property to which the client is entitled, and shall
cooperate with his successor in the orderly transfer of the
matter, including all information necessary for the proper
handling of the matter.
 we are talking of a lawyer who has been discharged or
withdrawn as counsel and another lawyer takes over
What would the court do?
 Name of the new lawyer shall be entered in the docket of
the court in place of the former one.
 Written notice of the change shall be given to the adverse
party
What is the duty of the lawyer being replaced?
 To inform the court of such replacement
 To ask that he be allowed to withdraw as counsel
*shall immediately turn over all papers and property to
which the client is entitled - subject to a retainer lien
*cooperate to his successor of the transfer of the matter –
UNDERSTANDABLE
Q: Can the client hire additional counsel?
A: YES. In Cannons of Professional Ethics, a client’s proffer of
additional assistance should not be regarded as evidence
of wanton confidence but the matter should be left on the
discretion of the client. However, counsel may withdraw
when his inability to work with co-counsel will not
promote the best interest of the client
-Attorney-Client relationship is purely personal. It is
essentially contractual and there has to be contracting parties. Kung
patay na ang contracting parties, patay na ang contract?
*in the absence of a retainer from the heirs or
authorized representative of his diseased client, the
attorney would have no power or authority to appear or to
take further action in the case save to inform the court to
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his client’s death and take the necessary steps to
safeguard the decedent’s rights in the case
-the lawyer cannot insist to the heirs that he should be the
lawyer because he is the counsel of the diseased
Q: What is the duty of the lawyer upon the death of the client?
A: it is his duty to immediately inform the court of such event and to
give the name and residents of the client’s executor, administrator,
guardian or other legal representatives.
-apil pd ang incapacity and incompetency, not just death
ADMINISTRATIVE LIABILITES OF LAWYERS
Starts with the filing of a Verified Complaint (it is executed by
somebody who has personal knowledge of the facts or the facts
alleged can be verified by authentic records)
Who can file? – Any person or the Supreme Court Motu
Proprio (at its own instance) or IBP Board of Governors Motu
Proprio or upon referral of the Supreme Court by a
Chapter Board of Officers, or at the instance of any person.
– ANY PERSON RA NA!
- Right to practice law being just a privilege is burdened with
conditions.
- Courts have the inherent power to adopt proper and
adequate measures to preserve their integrity and render possible
and facilitate the exercise of their functions. - Supreme Court has the
full authority and power to warn, admonish, reprimand, suspend and
disbar a lawyer.
Lawyer violates his obligations under perils of:
 Disciplinary action/administrative action
 Criminal action
 Civil action/damage suit
 Contempt of court
Conditions for continued membership in good standing in
the Bar:
 Rigid standards of mental fitness
 Maintenance of the highest degree of morality
 Faithful compliance with the rules of the legal profession
Different kinds of disciplinary actions:
1. Warning – act or fact of putting one on his guard against an
impending danger, evil, consequences or penalties 
- a
statement put forth to a lawyer, that any similar or other
infraction of ethical or other required conduct would be
visited with a higher or more serious penalty
2. Admonition – gentle or friendly reproof, mild rebuke, warning
or reminder, counseling, on a fault, error or oversight, an
expression of authoritative advice or warning
3. Reprimand – more severe nature; a public and formal censure
or sever reproof, administered to a person in fault by his
superior officer or a body to which he belongs
4. Fine – pecuniary punishment which courts impose against a
miscreant lawyer; may also be imposed in accord with
criminal violations of the law
5. Suspension – temporary
withholding of the lawyer’s privilege to practice his pro
fession for a certain period, or for an indefinite period
of time 
- act of prohibiting a lawyer from practicing law
for a certain period; qualified disbarment - because the
attorney is deprived temporarily of the right to practice his
profession;
6. Disbarment – act of Phil. Supreme Court in withdrawing from
an attorney the privilege to practice law; name of the
lawyer is to be stricken out from the Roll of Attorneys
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7. Contempt
8. Imprisonment
Main objects of disbarment and suspension:
1. To compel the attorney to deal fairly and honestly with his
clients
2. To remove from the profession a person whose misconduct
has proved him unfit to be entrusted with the duties and
responsibilities belonging to an 
office of an attorney
3. To punish the lawyer although not so much as to safeguard
the administration of justice
4. To set an example or a warning for the other members of
the bar
5. To safeguard the administration of justice from
incompetence and dishonesty of lawyers
6. To protect the public
- A disbarred lawyer can take part in pro se practice. - No private
interest is involved in disbarment.
- Power to discipline lawyers is
judicial in nature.
Characteristics of disbarment proceeding / Nature of disciplinary
action:
 Sui generis - a class by itself
 Neither a civil nor a criminal proceeding
 Double jeopardy cannot be availed of in a
disbarment proceeding against an attorney
 It cannot be initiated motu proprio by the Supreme Court
or by the IBP; it can be initiated without a complaint
 It can proceed regardless of interest or lack of interest of
the complainants, if the facts proven so warrant
 It is imprescriptible
 It is conducted confidentially being confidential in
nature until its final determination
 It is itself due process of law
 Whatever has been decided in a disbarment case cannot be
a source of right that may be enforced in another action,
like action for reconveyance and 
damages
 In pari delicto rule is not applicable
Purpose of disciplinary action:
 Preserve the purity of the legal profession
 Preserve the proper and honest administration of justice
Grounds for suspension or disbarment of members of the
bar:
1. Deceit – fraudulent and deceptive misrepresentation, artifice, or
device, used by one or more persons to deceive and trick
another
2. Malpractice – any malfeasance or dereliction of duty committed
by a lawyer; 
Gross misconduct in office – any
inexcusable, shameful or flagrant unlawful conduct on the
part of the person concerned in the administration of
justice which is prejudicial to the rights of the parties or
the right determination of a cause, a conduct that is
generally motivated by a premeditated, obstinate or
intentional purpose
3. Grossly immoral conduct – that conduct which is willful,
flagrant, or shameless, and which shows a moral
indifference to the opinion of the good and respectable
members of the
community
* “consenting adults” rule what is grossly
immoral conduct is largely circumstantial
4. Conviction of a crime involving moral turpitude –
everything which is done contrary to justice, modesty, or
good morals. Usually it has higher penalty, check whether
it carries an accessory penalty of civil interdiction (no legal
capacity)
6 F.O.R.
6
5. Violation of oath of office
6. Willful disobedience of any lawful order of a superior
court – resistance or defiance to the order of the Court
must be willful
7. Corrupt or willful appearance as an attorney for a party
to case without authority to do so – mamugos ang
lawyer ako jud imo lawyer ha :D
QUESTION: Is it possible for a Filipino lawyer to be a lawyer
somewhere else? YES, he can if he is a member of the bar there.
What if this lawyer is disbarred in New York? What is his standing
here in the Philippines?
- He is disbarred only there, so there must be disbarment
case filed here. Therefore, he should not be automatically
disbarred here. The decree in NEW YORK will be a prima
facie evidence against him.
Prima facie- at first glance, therefore it can be refuted. The SC can
hold that the Ph is not bound nor it becomes conclusive that he could
also be disbarred here.
CONFIDENTIAL- the proceedings are confidential, but the
judgment is public. This is to protect the reputation of the lawyer.
Never mind that the lawyer will be acquitted but wala na damage has
been done, tainted na iyang reputation.
It is the right of the lawyer to have his name cleaned!
The burden of proof is on the complainant.
* Is acquittal in a criminal case a bar to DA?
No. The standards of legal profession are not satisfied by conduct
which merely enables one to escape the penalties of criminal law.
* Quantum of proof required:
Disbarment case- substantial evidence only.
Criminal case – needs proof beyond reasonable doubt Civil case –
needs preponderance of evidence Administrative case – only needs
substantial evidence
So the lawyer can be acquitted criminal case but still held
administratively liable.
Disciplinary action not dismisses upon withdrawal by
private complainant:
_ The power to discipline lawyers who are officers of the court may
not be cut short by compromise and withdrawal of charges.
_
Disciplinary proceedings involve no private interest and afford no
redress for private grievance. They are undertaken and prosecuted
solely for public welfare. _ However, if upon desistance, there is
nothing more to substantiate the charge, then the case may be
dismissed.
* May the pendency of criminal action suspend disbarment
proceedings?
No. There are different quantums of proof. It is not sound judicial
policy to await the outcome and final resolution of a criminal case
before the court may act on a complaint for disbarment.
* Power to discipline – vested in all courts; judicial function; all
courts can reprimand, warning, admonition, fine, contempt

* Only the SC, CA, and RTC: suspension; power of CA and RTC to
suspend is subject to the review by the SC; until the SC has affirmed
the suspension, it shall not take effect.
* Only the SC can disbar a lawyer.
SC trying Disciplinary Cases - court sits en banc à disbarment,
suspension for more than 1 year, or a fine for more than P10000.
Otherwise, they do it by division.
Direct contempt - Misbehavior in the presence of or so near a
court as to obstruct or interrupt the proceedings before the same,
including disrespect toward the court, offensive personalities toward
others, or refusal to be sworn or to answer as a witness, or to
subscribe an affidavit or deposition when lawfully required to do so.
Indirect contempt
 Misbehavior of an officer of a court in the performance of
his official duties or in his official transactions.
 Disobedience of or resistance to a lawful writ, process,
order, or judgment of a court, including the act of a person
who, after
 being dispossessed or ejected from any real property by the
judgment or process of any court of competent
jurisdiction, enters or attempts or induces 
another to
enter into or upon such real property, for the purpose of
executing acts of ownership or possession, or in any
manner disturbs the possession 
given to the person
adjudged to be entitled thereto
 Any abuse of or any unlawful interference with the
processes or proceedings of a court not constituting direct
contempt under section 1 of this rule
 Any improper conduct tending, directly or indirectly, to
impede, obstruct, or degrade the administration of justice
Disciplinary Powers Contempt Powers
Broader scope of behavior Particular
Over lawyers only Over any person
* Both may proceed simultaneously.
Disbarment and disciplinary proceedings:
 Judicial in nature
 Presumption exists in favor of lawyer-respondent
 Quantum of proof: substantial evidence
Mitigating circumstances in disbarment:
Reinstatement- wipes out restrictions and disabilities.
 Good faith in the acquisition of the property
 Inexperience of the lawyer
 Age
 Res ipsa loquitor
 Burden of proof is on complainant Confidential
 Apology
 Lack of intention to denigrate the court Other analogous
circumstances
EFFECT OF EXECUTIVE PARDON
-There should be petition for reinstatement, then he can utilize the
pardon. But the SC is not bound to adhere. Admission to the bar is an
exclusive prerogative of the judiciary.
JUDICIAL ETHICS
floramieO.romero
7
Q: Is this important to the lawyers?
A: YES. The administration of justice is always a joint responsibility
of the legal profession and the judiciary.
-Lawyers must know the judicial standards to be exercised
by judges. There relation must be based on mutual respect and a
deep appreciation by one of the duties of the other.
AM-03-05-01 – New Code of Judicial Conduct for the Philippine
Judiciary
Took effect on June 1, 2004
Q: Why did we promulgate a new code? Was the old code
insufficient?
A: To emphasize that we adhere to the Universal Declaration of
Judicial Ethics. That we adhere to the Banggalor Draft (the
instrument containing the UDJE, written by chief justices all over the
world held at the Hague on Nov. 25-26, 2002)
Q: What about our old code? Is it superseded?
A: NO. The old code still remains; it is still a good law. Nothing in
the new code said that it supersedes the old code.
CANON 1
INDEPENDENCE
Judicial independence is a pre-requisite to the rule of law
and a fundamental guarantee of a fair trial. A judge shall
therefore uphold and exemplify judicial independence in
both its individual and institutional aspects.
SECTION 1. Judges shall exercise the judicial function
independently on the basis of their assessment of the facts
and in accordance with a conscientious understanding of
the law, free of any extraneous influence, inducement,
pressure, threat or interference, direct or indirect, from
any quarter or for any reason.
Independence is of 2 kinds:
 Individual
 Institutional
*that a judge as an individual must be independent and the judiciary
as an institution must likewise be independent. Both aspects of
independence must be observed.
Q: How do judges exercise independence?
A: The should decide based on facts an law and nothing else. There
decision must be free from any other factors.
POSSIBLE SOURCES OF INFLUENCE:
 Internal – how a judge as a person could affect his
decision-making. E.g.: He could have biases, prejudices,
preconceived notion
o There is an effect that the judge could be correct
of what he is thinking but there is also the
possibility that he is wrong.
o To be safe, the judge should only confine himself
to the facts and law to the case and not allow his
prejudices and biases to come into equation.
 External – self-explanatory (bribery, etc)
Rameriz Case
A judge admitted that she rendered ruling based on
directive from a government official. In her defense, she contended
that it was a revolutionary government so she succumbs to the
pressure.
SC denounced the judge’s act as patent betrayal of public
trust and revelation of weak moral character.
Another Case
The judge issued a warrant of arrest, and fixed the bail of
the accused without the required hearing. The reason was, outside
his courtroom, a rally was conducted by the supporters of the
complainant.
SC said that there was unjust haste on the part of the
judge. The Judge is expected to endeavor to intelligently ascertain
7

the facts and applicable law, not persuaded by partisan or personal
interest.
SEC. 2. In performing judicial duties, judges shall be
independent from judicial colleagues in respect of
decisions which the judge is obliged to make
independently.
-judges, because they work the same place and the share
the same profession, they can become close friends. But regardless of
camaraderie, judges should stay independent from their judicial
peers.
-the reality is, there are really judges asking favors from
fellow judges and then being given a favor, there is the utang na luob
to reciprocate in the future.
*this is true even in collegiate courts (courts where the
presiding justice is more than one – CA, Sandiganbayan, SC – by
division or en banc)
Q: How can they retain independence?
A: YES. This is the reason why you read Dissenting Opinions –
Separate Opinions – evidence that they did not agree to the
pronouncement.
SEC. 3. Judges shall refrain from influencing in any
manner the outcome of litigation or dispute pending before
another court or administrative agency.
Q: There is this judge who wrote to NLRC Commissioners telling
them that his wife’s allegations are untrue. In his defense the judge
explained that he merely wanted the truth to come out, to prevail. Is
he liable ethically?
A: Regardless of the noble intention of the judge, his act of writing to
NLRC is interference in the proceedings in the NLRC. Hence, it is
unethical.
*A judge is also a litigant in the case. He filed a pleading in his behalf.
Ok ran a kay litigant man sya. But what made it wrong in this case is
that in his annexes to the complaint, he put his oath of office as RTC
judge, pictures of oath taking.
SC held that there is no purpose for the annexes. The only
logical conclusion is that it was put there to send the message to the
presiding judge that he is a judge and therefore he enjoy privilege or
something.
…to influence a quasi-judicial body or an administrative agency,
which is not allowed in Section 3.
What did the judge do?
It is his own case, and he entered his own appearance in a court case
representing himself, and signing the pleading plus indicating that he
is the presiding judge of RTC Malabon, also he attached a copy of his
picture during his oath taking.
SC said, this is obviously trying to influence a fellow judge.
Section 4
Judges should not allow family, social and other relationships to
influence judicial conduct or judgment. The prestige of judicial office
shall not be used or lent to advance the private interest of others nor
convey nor permit to convey that they are in a special position to
influence the judge.
- it goes with the judicial territory of the judicial office, that
people will try to influence you as a judge. Naa jud nay
muhangyo, sometimes paryente, so you should be ready
for it.
- Also, it says used or lent to advance- section 4 intends to
minimize what we refer as “influence peddling”
Influence peddling- maka influence man ko ani na judge, then I
negosyo na dayn ka. As this is one of the hazards of the profession.
The judge could be unaware that he is already peddled by someone
close to him. How to avoid it?
8 F.O.R.
8
Section 4,
Example, there is already a judgment on a civil case. The record
distribution will promulgate it. Your clerk of court then would
furnish copy to the process server then to the records division. In
other words daghan kag agian ang decision. Now, there is a court
staff whom is so unscrupulous. So he will know already who won,
then that court staff will call the winning party and try to negotiate
and pretend that he can convince the judge to have that party “won”,
when the truth is he already won.
Shall not allow family or social relations to influence judicial
judgment, meaning you should be able to send the message across
that you are a judge that can’t be influenced.
Become a judge tagged as “untouchable”- strive to become a judge
“untouchable”
High risk, low reward activity ang influence peddling.
That person who influence peddle will be entrapped.
For purposes of the new code of judicial conduct, we have a new
definition of family:
Family- those related by blood or marriage within the sixth civil
degree, as well as persons who are companions who live in the judges
household.
Yaya of the judge? Family. By members of the judge inner
circle.
In Denver and Florida, judges are asked to drop lawyer
friends in social media.
-reason is that it creates a special friendship or appearance of
friendship. It makes the other lawyer insecure and feel that the judge
is already biased.
So to avoid a situation that people might put doubt and suspicion to
the community.
But in the Philippines there is no such thing. Only that
there is a memorandum that judges should not shed their
being a judge in the internet.
Always think, with extreme caution on whatever you post in
social media.
Section 5
But must also appear to be free therefrom…
This is an acknowledgment by the Supreme Court that it is really
difficult not to be influenced by the Executive or Legislative branch.
Who promotes or appoints the judge? The executive.
Who gives the court its budget? The Congress
Judges, in that matter should still uphold the matters and must not
be convinced to “reciprocate” whatever benefence bestowed on them
by those people.
Even if, the courts are beneficiaries, judges should still uphold
independence.
Can councilor and sanggunian members practice law? YES.
So a judge invited these SM and councilors to his chambers, the SC
said it is improper.
In another case, the judge referred the transfer of the employment of
a court employee to the vice mayor. Is this proper? NO, because it is
something the SC should decide not the LGU to decide.
Section 6 and 7 you just read.

Section 8 judges should exhibit high standards so that the public…
So diba, can the conduct of lawyers in their personal lives be subject
to administrative action? YES. So same thing with judges, their
actions must be beyond reproach as they are the visible
representation of law and of the judiciary.
INTEGRITY-
It is fully functioning, very clean, no viruses and very efficient.
In judiciary, integrity is very helpful in the proper discharge to
judicial responsibility, but also to the personal demeanor or the
judges.
A judge has the duty to disclose all disciplinary and criminal cases
pending before him.
They should also ensure that their conduct is not only beyond
reproach but that is perceived to be so in the view or eye of a
reasonable observer.
Perception- the value of integrity, is just as important of the
appearance of having such. Even the appearance of not having
integrity is already actionable.
Image or public perception is very important- because it is the goal
to promote confidence of the judiciary.
Appearance of a wrong doing = actionable
EXAMPLES:
The judge lack of good moral character in both public and private
capacities. Accepting bribes, going to cockpit and horse race tracks,
fraternizing lawyers, delay in rendering decision, ignorance of the
law.
Maintaining public confidence which is the goal of the code will be
defeated if the public will see the judge gambling. Mag mathematics
na daw dayon ang public sa ilang mind :D
Can ignorance of the law indicate lack of integrity? YES. When? If the
law involved is elementary or basic. The judge may be incompetent
or very vicious or maliciously that a decision was only deliberately
done.
Nag example siya sa judge na nasayop sa pag compute sa penalty
using indeterminate sentence.
Justice must not only be done, but must also be seen, to be
done.
-While it is important that you have a fair decision but on the process
it must also appear to be fair. In court for example, the plaintiff’s
counsel talks, all smile si judge, defendant gani mag mug-ot sha. So
now the judge render a decision, daog ang plaintiff (niya which is
sakto gyud based on facts and law), so now, the other party will say
na ay biased man to siya.
“What good is a fair decision, when the judge is still deemed unfair
because of the way she treats the parties in court”
In short you should appear to be fair, like in short, appear like you
are hard to be “read”
The judges can expose the unethical conduct of lawyers or court staff,
appropriate disciplinary measures.
CANON 3 – IMPARTIALITY
Essential because it applies not only to the decision, but also to the
process.
floramieO.romero
9
What is the extra judicial source rule- to sustain bias and
prejudice in the resulting opinion, the judgment must be based on
extra judicial source, outside the court room.
So if you accuse a judge that he is “biased” what should you do? Or
prove? One thing you should prove is that the decision or opinion is
based on an extra judicial source.
Meaning it is outside the facts, law and the case.
Section 2 Judges should ensure that his conduct in and out of the
court, should maintain or enhance the impartiality of the judiciary.
There are so many restrictions to the judge, yes. Hay :D
CONDUCT IN and OUT of court:
1. Judge had lunch with a party litigant- improper
2. Standing as sponsor on a litigants son’s wedding-improper
3. Using the car of the litigant as service
4. Undue interference in the direct examination, questions
should only be “clarificatory”
5. Betting on horses
Section 3 should minimize on occasions that would disqualify them
from hearing and deciding cases.
Minimize situations that you could be inhibited, like mu reklamo
imong co judges na ay sige lang na shag inhibit oy.
Regulate your business, your social activities..etc…
Example:
The judge aside from being such is a real estate broker so he sells
within his territorial jurisdiction. So some titles figured in cases were
raffled to his court. So the SC said, by allowing himself becoming an
agent, he already disqualified himself of being an impartial judge
when dispute arises soon.
In other words SC said, the judge should just regulate his business.
So he can sell and deal, but outside na lang sa iyang territorial
jurisdiction.
Judges should not knowingly make any comment that could impair,
nor make a comment in public.
Can the judge advise the parties to plea bargain or to compromise?
YES. Alternative dispute resolution modes. The judges
should encourage the parties to have dispute resolutions.
But in this particular case, naa man gud daghan comments si judge,
mu ana siya oy accused I suggest that you plea bargain kay dili
man strong ang evidence against you, and I think the fiscal will
only agree. I suggest that you settle with the plaintiff kay ikaw may
sad.an.
Enough na you will say, I advise you settle.
Section 5
Judges shall disqualify themselves- instances of mandatory
disqualification, no room for discretion. From presiding and deciding
the case.
1. the judge has actual bias or prejudice having facts
concerning the proceedings. Katong naka witness si judge
og collision, should the judge diaqualify himself? Yes,
because he has personal knowleged.
2. A judge has material witness or you used to be the lawyer
of that case
3. Economic interest to the member of the family… 4-6 (on
your notes, self-explanatory)
9

Focus on a former associate of the judge, served as counsel during
their association.
So before he became a judge, he was a member of a law firm, but
them appearing before the judge is a former associate, should the
judge disqualify himself?
There is a ground for mandatory disqualification only if, the associate
appearing before him is already the counsel in that case during the
time that they were still associates or workmates.
The judges ruling in the lower court is subject of review- So si judge
is promoted, from RTC to CA, so the appeal is his decision while
serving as RTC judge- this is a ground for mandatory disqualification
because he can not review his own judgment.
What if a family member is the litigant (within 6th civil degree) or the
counsel (within 4th civil degree) the judge should disqualify.
Rule 137 Section 1 of the Rules of Court- read it why, practical
mandatory disqualification. 2nd paragraph- the judge may
disqualify himself from hearing the case for reasons other than those
mentioned above.
Therefore it talks about VOLUNTARY INHIBITION, based on
just and valid reason.
Only the rules of court has ground for voluntary inhibition.
Going back to the example for an associate who appears before the
judge (katong former colleague ni judge sa law firm) – here the
judge, can voluntarily inhibit. Strictly a matter of conscience.
Valid grounds for voluntary inhibition:
1. The counsel is also the judges counsel in a separate case.
2. Utang na loob
Caveat tho, voluntary inhibition has the danger of being abused. Like
if there is a case that you do not like, be ngita tag reason bi inhibit ko.
So to avoid abuse, the SC declared some invalid grounds for
voluntary inhibition:
1. the counsel has filed an administrative case against the
judge. SC, absent concrete proof of bias, mere filing is not a
ground. Otherwise, it becomes easy for lawyers to get rid of
judges they don’t like.
2. Mere friendship or you were once classmates, fraternity
mate, town-mate~Judges are not expected to be hermits,
judges can of course to have friends even with in the
lawyers circle
Section 6 A judge disqualified as stated abovem before you apply 6 it
presupposes that there is a ground for mandatory disqualification.
May instead disclose in the records the basis of inhibition, if based on
such disclosure, the parties and lawyers, independently of the judges
participation all agree in writing, that the reason for inhibition is
immaterial or unsubstantial, the judge may then participate in the
proceedings. The agreement signed by all parties and lawyers shall be
incorporated in the record of the proceedings.
Simply put, Section 6 is the exception of mandatory disqualification
of the judges. It provides for instance that even if there is a ground
for mandatory inhibition, the judge may still hear the case. Provided
all requisites concur:
Remittal of disqualification- what happens when there is remission
of debt, quits na di ba?
REQUISITES FOR REMITTAL FOR DISQUALIFICATION:
(they must all concur)
Remittal – waiver of judges disqualification
10 F.O.R.
10
 Parties and their lawyers agree independently on the
judges participation to waive the mandatory
disqualification
o Judge may give time for the parties to decide
 They agree that the reason for disqualification is
immaterial or unsubstantial
 The agreement is reduced into writing, signed by all
parties and lawyers and entered upon the records
of the case.
Counsel of the plaintiff is the son of the judge- mandatory
disqualification, BUT the parties and the lawyers talk about within
themselves
Atty, anak diay ka ni judge? Yes, but you know if you are worried of
the judge being biased because judge hates me, he already
disinherited me. We are like strangers. In fact, I have cases na napildi
ko niya. So the other lawyer said, bitaw no sige bitaw ka kapildi.
In this case, under the peculiar situation in this case, both the parties
decided not to have the case re raffled. HOWEVER, they should
reduce it in writing, that they are willing to waive the mandatory
ground for disqualification, signed by all the lawyers and
incorporated in the records.
CANON 4
PROPRIETY
Propriety and the appearance of propriety are essential to the
performance of all the activities of a judge.
Example:
1. A picture of a judge and a staff going out of the hotel.
Judge said, the photos do not prove anything. BUT even
the appearance of impropriety is already actionable.
2. A judge secretly met a party in a private resort
3. Judge held the hand of his interpreter
4. Kissed by her lips, wala siya katunong sa lips :D kay naka
lihay daw haha
As a subject of constant public scrutiny, judges must accept personal
restrictions that might be viewed as burdensome, and should do so
voluntarily, he should act consistently with the rules of the court.
Examples: actual cases
1. use of intemperate language
2. getting drunk in a party
3. confronted her ex and the companion in a restaurant
naa daw judge, nag tube sa iyang frienster picture but the SC
reprimanded (but penalized man gihapon ng reprimand)
Old Code- when it comes to propriety
CANON 5
A judge can have extra judicial activities (vocational)
1. Vocational and charitable civic activities- a judge can teach
on non-legal subjects. Can a judge conduct lectures on
massage? YES. Cooking lessons? YES. Sports? YES Arts?
YES.
2. Membership in organizations, he can be an officer, non-
legal advisor of a non profit non political educational
fraternal organization.
3. That all vocational civic must not conflict or degrade
judicial functions. Can the judge join the circus? It might
degrade judicial functions. (maka ingun daw ang taw
lisura na jud sa kinabuhi ron :D)
4. Can he be subject of a nude painting? It’s art but it might
degrade judicial function.

5. Financial activities- refrain from business dealings that
will affect partiality. What if you have personal business?
will you give up? You can still, but as a director of a
family business. Not as a manager or so, because doing
such it would require him to allocate his time more on that
business.
6. Should not acquire properties in litigation
7. Full financial disclosure- SALN to be filed last day of filing
April 30
8. Fiduciary activities- can a judge be a fiduciary? A judge is
allowed to be administrator, executor, trustee, guardian or
other ONLY for the estate of the person of the
IMMEDIATE FAMILY. And then ONLY if such service
will not interfere with judicial duties. (Spouse and
relatives within the 2nd civil degree ONLY). What about if
the properties of the wife is really massive, pag inventory
pa lang daan AWOL na si judge. Can he still continue?
NOT ANYMORE, clearly the service has already interfered
with his judicial responsibility. Can judges practice law?
Absolutely prohibited. Can MTC judges act as notary
public? In far flung municipality, YES. So long as there is
attestation of lack of lawyer or notary public in their place
and the money be remitted to the municipal treasurer.
In a bar exam case, the judge took pity on a party so he notarized
such, SC said improper because there is a lawyer or notary public in
their area (iya na lang ta gihatagan kwarta if naluoy jud siya)
9. Non-judicial appointments are allowed as long as it
is an agency that is not performing quasi judicial functions.
Can judges engage in political activities? NO. A judge can
not publicly endorse or participate in partisan political
activities. Can a judge help in the campaign of his brother
as a municipal mayor? NO, even if he is on official leave
because he is still a judge. Judges should maintain
political neutrality.
10. Judges shall in their personal relations individual member
of the legal profession who practice regularly in their court,
should avoid appearance of favoritism or partiality.
11. Asking for aircon, tables and chairs from lawyer
SEC. 5. Judges shall not allow the use of their residence by a member
of the legal profession to receive clients of the latter or of other
members of the legal profession.
Can the judge allow his house to be a law office within which his
children who are also lawyers accept clients? NO.
Judges like any other citizens are entitled to freedom of expression,
belief, association and assembly. But in exercising such rights, they
should conduct themselves in such a manner to preserve the integrity
of the judicial office and maintain the impartiality and independence
of the judiciary.
You do not see judges rallying in the streets “salary increase” blah
blah :D But, he can, through proper channels like writing the
SC to increase their allowance due to inflation etc..reasons..
EX: A judge is a very good literary writer. In one of his orders, he
says, “Respondent is a self ordained public tyrant with a
contaminated mind and assuming the position of a crocodile” – this
may come form the adverse party but not from the judge which is
supposed to be subjective and based only on facts and law.
SC said, judges should be careful in writing decisions.
SEC. 7. Judges shall inform themselves about their
personal fiduciary and financial interests and shall make
reasonable efforts to be informed about the financial
interests of members of their family.
Not only the judges should prepare their SALN but this also includes
their immediate family members. Basta naa daw toy age limit ang I
apil disclose.
floramieO.romero
11
SEC. 8. Judges shall not use or lend the prestige of the
judicial office to advance their private interests, or those of
a member of their family or of anyone else, nor shall they
convey or permit others to convey the impression that
anyone is in a special position improperly to influence
them in the performance of judicial duties.
-do not use the judicial office and do not allow others to
use judicial office
EX: Judge has a case of estafa. He filed the case in his own sala and
issued a warrant of arrest against the accused.
-Judge is the owner of the restaurant. And you see in the bulletin in
his courtroom advertisement, “Wanted Waiter and Waitresses.” He
also conducted interview of applicants in his office. That is an
improper use of courts resources and time for the private business of
the judge.
-Judge is inviting persons to appear to his court, the accused will
apply daw as waiter :D
SEC. 9. Confidential information acquired by judges in
their judicial capacity shall not be used or disclosed for any
other purpose not related to their judicial duties. 11EC. 10.
Subject to the proper performance of judicial duties, judges
may
-Most cases ani, the judge’s decision was leaked prior to
official promulgation. What could be a valid reason to leak your own
decision? NOTHING. Unless you want to have a bidding war with
the parties :D
(a) Write, lecture, teach and participate in activities
concerning the law, the legal system, the administration of
justice or related matters;
(b) Appear at a public hearing before an official body
concerned with matters relating to the law, the legal
system, the administration of justice or related matters;
(c) Engage in other activities if such activities do not
detract from the dignity of the judicial office or otherwise
interfere with the performance of judicial duties.
SEC. 11. Judges shall not practice law whilst the holder of
judicial office.
SEC. 12. Judges may form or join associations of judges or
participate in other organizations representing the
interests of judges.
SEC. 13. Judges and members of their families shall neither
ask for, nor accept, any gift, bequest, loan or favor in
relation to anything done or to be done or omitted to be
done by him or her in connection with the performance of
judicial duties.
SEC. 14. Judges shall not knowingly permit court staff or
others subject to their influence, direction or authority, to
ask for, or accept, any gift, bequest, loan or favor in
relation to anything done or to be done or omitted to be
done in connection with their duties or functions.
13 and 14 – related to section of Bribery. So in addition to
administrative liability, if the elements of bribery or indirect bribery,
a judge can also be held criminally liable.
RA 3019 Anti Graft and Corrupt Practices Act
RA 6713 Conduct and Ethical Standards for Public Officials and
Employees
SEC. 15. Subject to law and to any legal requirements of
public disclosure, judges may receive a token gift, award or
benefit as appropriate to the occasion on which it is made,
provided that such gift, award or benefit might not
reasonably be perceived as intended to influence the judge
11

in the performance of judicial duties or otherwise give rise
to an appearance of partiality.
-not all gifts are prohibited. The judge is a resource
speaker in a seminar? What is the proper or appropriate gift?
Certificate, bouquet etc..
Case:
A judge accepted a free use of the car for one year and
battering recharging services of the shop of a litigant who has a
pending case before him- NOT ALLOWED.
A family member loaned you his car, no case no whatever-
ALLOWED
So it really depends upon the circumstance. So if you are
doubtful, better not receive it.
Q: What could be acceptable gifts?
A: Giving of certificate as a speaker in an activity.
- as long as the gift is appropriate and seen as not intended
to influence the judge
CANON 5
EQUALITY – new provision in the canon
Ensuring equality of treatment to all before the courts is essential to
the due performance of the judicial office.
SECTION 1. Judges shall be aware of, and understand,
diversity in society and differences arising from various
sources, including but not limited to race, color, sex,
religion, national origin, caste, disability, age, marital
status, sexual orientation, social and economic status and
other like causes.
This means that there is no prohibition against differentiation, what
is prohibited is differentiation on improper or irrelevant grounds.
Example:
Differentiation on the basis of sex, should sex matter when it comes
to right to vote and education? NO.
Maternity leave and paternity leave? 105 days maternity leave. 7 days
paternity leave.
Is there different treatment there? YES, but is there a basis? YES.
Ang female gud ang nanganak so she has to recuperate from giving
birth. In other words “there is a valid cause for
differentiation”
On the basis of religion: Can you compel everyone to respect flag
raising ceremonies? NO. Jehova’s witnesses do not believe in such. Is
it based on a valid ground? YES, religion.
Marital Status: A single parent have additional 5 days leave. Is there
different treatment? YES, but again based on a valid cause.
Juvenile Justice Act- minor, it is more difficult to prove criminal
liability
Senior Citizens Act- yes they have a lot of benefits.
Disability:
Yrasuegui vs PAL
-can body size be a basis for termination? YES. because here we have
a 217 llb flight attendant. Her defense was, I was terminated because
of a medical condition or a disease (obesity). SC said, it depends on
the work, because her work’s primary responsibility is FLIGHT
SAFETY. Flight safety is crucial in cabins, in fact they are trained
what to do in case of emergency. Therefore they must maintain
agility to inspire passengers confidence.
12 F.O.R.
12
SC said, “flight safety is crucial in the airline business,
cabin attendant must maintain agility at all times. Passenger safety
goes to the core of the job, on board an aircraft the body weight or
size of an attendant is an important factor to consider in cases of
emergency. Aircraft have conscripted cabin and narrow aisles. The
biggest problem with a over-weight necessarily impedes stability. In
an emergency situations, seconds are what attendants are dealing
with. 3 lost seconds can translate into 3 lost lives. Evacuation might
slow down just because a wide body… ”
-telling judges to be aware and to understand diversity
and differences arising from various sources. And if
there is a legitimate ground to differentiate, then
by all means you differ the treatment.
SEC 1 tells Judges to not be naïve and presume that
everyone should be treated equal because there are
legitimate causes for diversity
SEC. 2. Judges shall not, in the performance of judicial
duties, by words or conduct, manifest bias or prejudice
towards any person or group on irrelevant grounds.
SEC. 3. Judges shall carry out judicial duties with
appropriate consideration for all persons, such as the
parties, witnesses, lawyers, court staff and judicial
colleagues, without differentiation on any irrelevant
ground, immaterial to the proper performance of such
duties.
-treat everyone fairly unless there is material ground to differentiate.
Instances where you could give different treatment:
-Child Witnesses
Q: Are child witnesses treated equally to adult witnesses?
A: YES, because of their tender age. In family court, there is a TV
monitor for? The child witness to be examined in the chambers of the
judge and not in open court. The accused has the right to confront
the witnesses against him. He is not denied of this right just because
the child is in the other chamber, through that TV monitor, he can
cross-examine that child.
-this is in the consideration of the child being a child. Naay
uban mga bata nga makakita lang sa nawng sa accused, muhilak
nlang.
GR: Leading questions are questionable – not allowed
EXC: if the witness is a child, leading questions are allowed.
SEC. 4. Judges shall not knowingly permit court staff or
others subject to his or her influence, direction or control
to differentiate between persons concerned, in a matter
before the judge, on any irrelevant ground.
SEC. 5. Judges shall require lawyers in proceedings before
the court to refrain from manifesting, by words or conduct,
bias or prejudice based on irrelevant grounds, except such
as are legally relevant to an issue in proceedings and may
be the subject of legitimate advocacy.
CANON 6
COMPETENCE AND DILIGENCE
Competence and diligence are prerequisites to the due performance
of judicial office.
SECTION 1. The judicial duties of a judge take precedence
over all other activities.
-Remember the extra judicial activities of the judges. They can have
sports, cultural, financial, fiduciary
-However, section 1 tells that judicial duties should be the
PRIORITY.

SEC. 2. Judges shall devote their professional activity to
judicial duties, which include not only the performance of
judicial functions and responsibilities in court and the
making of decisions, but also other tasks relevant to the
judicial office or the court’s operations.
Who is the boss in the court room? The judge, also he cannot just
blame the clerk for inefficient record keeping because he should train
court personnels.
- this tells us that the judges’ job is not only to adjudicate (to hear
and decide cases)
- they also have administrative functions
Q: In what way are they administrators?
A: In there own courts. They are the boss in their court. As the boss,
they should have efficient case filing and case keeping. They should
know how to manage train court personnel.
If you can see court employees always late, very rude, - it
court reflect adversely on the judge’s administrative capabilities.
EX: -Some cases, judges are liable for lost records of cases. They said
it is their clerk’s fault and not theirs. This is not an excuse because
they are administrators of their own courts – they have command
responsibility
EX: Court employee committed suicide using the pistol in the
evidence of one case. Judge was dismissed. Aside form failure to
explain how that employee got hold of the evidence, he also did not
cooperate with the NBI in the investigation of the case. He did not
turn over the firearm for investigation.
SEC. 3. Judges shall take reasonable steps to maintain and
enhance their knowledge, skills and personal qualities
necessary for the proper performance of judicial duties,
taking advantage for this purpose of the training and other
facilities which should be made available, under judicial
control, to judges.
-just like lawyers, it is a never ending study
Q: are they compelled to attend MCLE?
A: NO. They are exempted under Bar Matter. It does not mean
however that they do not have their own version of MCLE. They do
under Philippine Judicial Academy. It is also mandatory for them.
*Judges should not allow their personal beliefs and
convictions prevail over jurisprudence
EX: Judge render decisions pursuant to directives of dwarves. He
also had healing sessions. Some days of the week, he changes the
color of robs to recharge his psychic powers
Dismissed. SC said paranormal, supernatural beliefs have
no place in the judicial system. They should decide on facts of law.
EX: You are a devote Catholic, strong belief of preservation of
marriage. If the case before you involves annulment of marriage or
declaration of nullity, the law should prevail over his beliefs.
-But if lisud jd kaau para sa judge, in his decision he
should share or make known his personal opinion, but e grant jd
nimo ang nullity as the case maybe.
*A judge is not discipline for mere error, to be liable such
error must constitute gross ignorance of the law, bad faith,
dishonesty, hatred or some other motive
Doctrince of JUDICIAL IMMUNITY
-Sayop lang jd iyang decision, it is not a ground for administrative
liability.
-If we do not have this doctrine walay mag judge, they are human
and they commit mistakes
REMEDY: motion to appeal, reconsideration, certiorari or
what ever applicable mode for review that is there, but not
administrative liability
floramieO.romero
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SEC. 4. Judges shall keep themselves informed about
relevant developments of international law, including
international conventions and other instruments
establishing human rights norms.
Generally accepted principles of international law are part of the law
of the land.
-They should study International law because under the constitution,
International Law is part of the law of the land
SEC. 5. Judges shall perform all judicial duties, including
the delivery of reserved decisions, efficiently, fairly and
with reasonable promptness.
*Justice delayed is justice denied.
-What good is a fair decisions if patay na ang party?
-This includes the utilization of pre-trial and discovery of procedures
as well as alternative modes of settling the case
-We are talking about Promptness
Q: What are the time frame within which the court could render
decisions? P
A: SC – 2years; Lower collegiate courts or CA – 12 months;
Other Lower Court – 3months
to abbreviate or expedite proceedings.
-Excuses for delay is not given credits:
 Clogged dockets – if this is an excuse, then everyone will
just invoke this
 Delay in the transcription of stenographic notes –
that’s why some judge makes his own notes, they are not
allowed to rely on the stenographic notes.
-Character of decisions – should express clearly and distinctly
the facts and laws on which they are based
-To show that judge fully understood the case, to
contribute to the precedent in the growth of the law.
SEC. 6. Judges shall maintain order and decorum in all
proceedings before the court and be patient, dignified and
courteous in relation to litigants, witnesses, lawyers and
others with whom the judge deals in an official capacity.
Judges shall require similar conduct of legal
representatives, court staff and others subject to their
influence, direction or control.
-he should maintain decorum but in doing so, he should not resort to
violent means like using firearms, compelling witness to swallow the
chewing gum
the judge can even prohibit media to have cameras rolling in the
court room.
SC said should not resort to violence, like a judge physical waived his
firearm.
SEC. 7. Judges shall not engage in conduct incompatible
with the diligent discharge of judicial duties. 13
EX:
-holding hearings only on Mondays-Wednesdays, then going home
the rest of week (home: Paranaque; Court Balanga Bataan)
-Wednesday declared as "midweek pause"
DEFINITIONS
In this Code, unless the context otherwise permits or
requires, the following meanings shall be attributed to the
words used:
13

“Court staff” includes the personal staff of the judge
including law clerks.
“Judge” means any person exercising judicial power,
however designated.
“Judge’s family” includes a judge’s spouse, son, daughter,
son-in-law, daughterinlaw, and any other relative by
consanguinity or affinity within the sixth civil degree, or
person who is a companion or employee of the judge and
who lives in the judge’s household.
ADMINISTRATIVE LIABILITY OF JUDGES (Rule 140 of
Rules of Court)
SERIOUS CHARGE
Sec. 8
1. Bribery, direct or indirect;
2. Dishonesty and violations of the Anti-Graft and Corrupt Practices
Law (R.A. No. 3019);
3. Gross misconduct constituting violations of the Code of Judicial
Conduct;
4. Knowingly rendering an unjust judgment or order as determined
by a competent court in an appropriate proceeding;
5. Conviction of a crime involving moral turpitude;
6. Willful failure to pay a just debt:
7. Borrowing money or property from lawyers and litigants in a case
pending before the court;
8. Immorality;
9. Gross ignorance of the law or procedure;
10. Partisan political activities; and
11.Alcoholism and/or vicious habits.
EX: Misappropriation of cash bail bond, Decision not
personally prepared by the judge, Immorality, Voyeurism –
GRAVE MISCONDUCT
*Serious Charge speaks of Grave Misconduct
Grave Misconduct – witty, momentous and not trifling, there
must be a reliable evidence showing that the judicial complained of
were corrupt or inspired and intention to violate the law or were in
persistent disregard of well known legal rules
*Kung dli sya grave, misconduct lang? – not a serious charge but less
serious charge
Gross inefficiency/Gross ignorance of the law
EX: lost case records and exhibits
-judge issued a warrant of arrest in a civil case
-misapplication of indeterminate sentence law
-granting bail for non-bailable case
-malum prohibitum but the judge looks for malice
LESS SERIOUS CHARGE
1. Undue delay in rendering a decision or order, or in transmitting
the records of a case; EHSTcC
2. Frequent and unjustified absences without leave or habitual
tardiness;
3. Unauthorized practice of law;
4. Violation of Supreme Court rules, directives, and circulars;
5. Receiving additional or double compensation unless specifically
authorized by law;
6. Untruthful statements in the certificate of service; and
7. Simple Misconduct.
LIGHT CHARGES
1. Vulgar and unbecoming conduct;
-Judge sleeping while hearing
2. Gambling in public;
3. Fraternizing with lawyers and litigants with pending case/cases in
his court; and
4. Undue delay in the submission of monthly reports.
SANCTIONS
14 F.O.R.
14
A. If the respondent is guilty of a serious charge, any of
the following sanctions may be imposed:
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 government-owned or
controlled corporations. Provided, however, that the 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. A fine of more than P20,000 00 but not exceeding P40,000.00.
B. If the respondent is guilty of a less serious charge, any of
the following sanctions shall be imposed:
1. Suspension from office without salary and other benefits for not
less than one (1) nor more than three (3) months; or SDEHCc
2. A fine of more than P10,000.00 but not exceeding P20,000.00.
C. If the respondent is guilty of a light charge, any of the
following sanctions shall be imposed:
1. A fine of not less than P1,000.00 but not exceeding P10,000.00
and/or
2. Censure;
3. Reprimand;
4. Admonition with warning.
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.
-Proceedings are confidential – only the decision is made
public
Quantum of proof: Substantial Evidence
Burden of proof: on the complainant
Quantum of proof/ Burden of proof
In administrative proceedings, the quantum of proof required to
establish a respondent’s malfeansance is not proof beyond
reasonable doubt but substantial evidence, i.e, that amount of
relevant evidence that a reasonable mind might accept as adequate to
support a conclusion is required. More importantly in administrative
proceedings, the complainant has the burden of proving by
substantial evidence to the contrary, the presumption that the
respondent regularly performed his duties will prevail. Indeed, if a
respondent judge or a court employee should be disciplined for a
grave offense, the evidence against him should be competent and
derived from direct knowledge. Charges based on mere suspicion and
speculation cannot be given credence.”(Planas vs Judges Reyes, A.M.
No. RTJ-05-1905, February 23, 2005)
RES IPSA LOQUITUR (action speaks for itself) – the court may
impose his authority upon judges whose actuations are on their face
would show gross incompetence, ignorance of the law or misconduct.
Circular of Res Ipsa Loquitur – all judges are reminded that the
SC has applied Res Ipsa Loquitur rule in the removal of judges
even WITHOUT any formal investigation whenever a decision,
on its face, indicates gross incompetence or gross ignorance of the
law or gross misconduct
-this is from the Supreme Court so this is valid
Effect on Disbarment
- On MTC, RTC, Sandiganbayan, CTA, CA Justices- removed
from judiciary; membership in the bar is an essential qualification
- On SC Justices- cannot be removed via Disbarment
proceedings. A contrary rule would allow an indirect violation of the
Constitutional provisions that SC Justices are removable only by
impeachment.
Q: Can judges be removed by disbarment?
A: YES. They are all lawyers, if you disbar them, they loses the most
essential requisite for being a judge.
EXCEPT: for SC Justices, they are removable only through
IMPEACHMENT
 15
AUTOMATIC CONVERSION EFFECT OF DEATH OF RESPONDENT JUDGE
-Applies to CA, SB justices, Regular and Special Courts Judges, Court -death of the respondent in an administrative case, as a rule, does not
Officials who are lawyers. preclude a findings of administrative liability.
– the administrative case against the judge shall also be considered
a disciplinary action against the judge as a member of the bar. The Q: What if not retired, patay na jd?
respondent might be required to forthwith comment in the A: Still not moot and academic. You can still withhold retirement
complaint and show cause why he should also be suspended, benefits.
disbarred or otherwise disciplinary sanction as a member of the bar. -if the judge is innocent, he deserves that his name be
-judgment in both respects may be incorporation in one made clean even in death
decision or resolution -if guilty and there is still imposable penalty then impose
that penalty
There are some administrative charges that can be used against the
judge as a judge or against as a lawyer.
EX: gross immorality, gross incompetence, against moral EXCEPTIONS TO MOOT AND ACADEMIC:
turpitude – it is administrative charge against a judge; pwede pd  When the respondent is not been heard and the
magamit against him as a lawyer continuation of the case would deny him of due process
o There must be the right to be heard and set his
*Simply put that when there is Automatic Conversion, it’s like a two defenses
in one proceeding. You have one proceedings but the SC want to EX: Judge receives the complaint, he reads it, gi ataki patay on the
determine the liability of the judge as a judge and as a lawyer. spot. He was not able to ventilate his defenses. The case should not
-so it is just to require the judge to show cause why he be continued. Otherwise, it would be contrary to due process
should not be disciplined  Humanitarian consideration
 When the penalty imposed or imposable would render the
*The resulting decision will resolve both aspects. proceedings useless
-it’s possible that in one decision, a judge is removed from
the judiciary and also disbarred MITIGATING CIRCUMSTANCES
-or removed from the judiciary and suspended as a lawyer  the complaint acts committed prior to his admission to
-one decision for two aspects judiciary – he was still a lawyer
 health
CRIMINAL LIABILITY OF JUDGES
 old age (can also be aggravating)
-Knowingly rendering unjust justice
 lack of stenographer
-Judgment rendered through negligence
-knowingly rendering an unjust interlocutory order or decree  1st offense
-malicious delay in the administration of justice  long and exemplary service
 acknowledgement of fault (remorse and apologize)
CIVIL LIABILITY OF JUDGES
Arts. 19, 20, 27, 32 New Civil Code

*There are also instances that the judge is acquitted but found
administratively guilty

Art. 1491
Lawyers cannot acquire property pending litigation.
-same thing for the judge

Art. 1739
Donations to a judge, his spouse, descendants, ascendants
by reason of his office are void
-contrary to law

Complainant withdraw the administrative complaint

Q: What is the effect on administrative case?
A: No effect, the administrative case proceeds.
To condition the administrative actions upon the will of
the complainant who may condone a detestable act is to strip the SC
of its supervisory power to discipline members of the judiciary.
Administrative cases will not concern itself with private
interests

Q: What if the complainant dies?

A: The administrative case proceeds. Because the complainant is
treated only as a witness but not really a party to the case.

EFFECT OF SEPARATION OR RETIREMENT OF RESPONDENT

JUDGE
-the subsequent retirement of the judge or any judicial offer from the
service does not preclude the finding of any administrative liability to
which is answerable

Q: What if the judge is separated/retired from the government? Is it

moot and academic? Can you still suspend him? Can you still remove
him?
A: NO. There are still applicable penalties like fine or forfeiture or
retirement benefit, disqualification of holding government office

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