LEGAL ETHICS LAST MINUTE TIPS 2017LAWYER’S OATH I____(name)_______ of ___(place of birth)____ do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the courts as to my clients; and I impose upon myself this voluntary obligations without any mental reservation or purpose of evasion. So help me God. PRACTICE OF LAW Practice of law means any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training, and experience (Cayetano v. Monsod, G.R. No. 100113, September 3, 1991). Nature of the Practice of Law It is not a right granted to anyone who demands it but a privilege to be extended or withheld in the exercise of sound judicial discretion. It is a privilege accorded only to those who measure up to certain rigid standards of mental and moral fitness. The legal profession is not a business. It is not a money-making trade similar to that of a businessman employing a strategy for the purpose of monetary gain. It is a sacred profession imbued with public interest whose primary objective is public service, as it is an essential part in the administration of justice and a profession in pursuit of which pecuniary reward is considered merely incidental. Admission to the Bar The power of admission to the practice of law is vested by the Constitution in the Supreme Court. The constitutional power to admit the candidates to the legal profession is a judicial function and involves the exercise of discretion. Q: Director Agrava issued a circular announcing that he had scheduled an examination for the purpose of determining who are qualified to practice as patent attorneys before the Philippines Patent Office (PPO). According to the circular, members of the Philippine Bar, engineers and other persons with sufficient scientific and technical training are qualified to take the said examination. It is the contention of Philippine Lawyer's Association (PLA) that the Director requiring members of the Philippine Bar in good standing to take and pass an examination given by the Patent Office as a condition precedent to their being allowed to practice before said office is in excess of his jurisdiction and is in violation of the law. Is the Director allowed to require lawyers to submit to and pass on examination prescribed by it before they are allowed to practice before the Patent Office? A: NO. The Supreme Court has the exclusive and constitutional power with respect to admission to the practice of law in the Philippines and to any member of the Philippine Bar in good standing may practice law anywhere and before any entity, whether judicial or quasi-judicial or administrative, in the Philippines. Under the present law, members of the Philippine Bar authorized by Supreme Court to practice law, and in good standing, may practice their profession before the Patent Office, for the reason that much of the business in said office involves the interpretation and determination of the scope and application of the Patent Law and other laws applicable, as well as the presentation of evidence to establish facts involved (Philippine Lawyer’s Association v. Agrava, G.R. No. L-12426, February 16, 1959). Essential criteria in determining whether a person is engaged in the practice of law [CAHA] 1. Compensation – implies that one must have presented himself to be in active practice and that his professional services are available to the public for compensation, as a source of livelihood or in consideration of his said services. 2. Application of law, legal principle, practice or procedure which calls for legal knowledge, training and experience; 3. Habituality – implies customary or habitually holding oneself out to the public as a lawyer. Practice of law is more than an isolated appearance for it consists in frequent or customary action; and 4. Attorney-Client relationship - engaging in the practice of law presupposes the existence of a lawyer-client relationship. Ten (10) years of practice of law includes work as a litigator, in-house counsel, giving of legal advice, teaching of law, and even foreign assignment which requires the knowledge and application of the laws. 1 Rule 148. President. 2 . The word “appearance” includes not only arguing a case before any such body but also filing a pleading on behalf of a client as “by simply filing a formal motion. NOTE: What is prohibited is to “personally appear” in court and other bodies. plea. Art VII. A. Criminal case before the MTC in a locality where a duly licensed member of the Bar is not available. Any official or other person appointed or designated to appear for the Government of the Philippines in accordance with law (Sec. 5. Rada. Art IX-A. or answer. RRC) 2. Those prohibited by Special laws.A. 1987 Constitution). Before the NLRC or any Labor Arbiter. 1975). 2. 33. Rule 138. their deputies and assistants (Sec. 2. No Senator or member of the House of Representatives may personally “appear” as counsel before any court of justice or before the Electoral Tribunals. RRC). Officials and employees of the OSG (Ibid. 4. 1987 Constitution). Represent their organization or members thereof with written authorization of the latter.). Members of the Cabinet. Villanueva. 90. Other Instances when Non-lawyers may appear in Court 1. 1987 Constitution). 7. LEGAL ETHICS LAST MINUTE TIPS 2017 Non-Lawyers in Court The following are the instances whereby non-lawyers may appear in court: 1. 1987 Constitution). Restrictions on the Practice of Law on Certain Individuals (RELATIVE Prohibition) 1.) Appear as counsel before any court in any civil case wherein a local government unit or any office. or b. 3. Vice-President. that someone must be authorized member of the Bar (Sec. 13. 202. loyalty and efficiency but also with exclusive fidelity. and a public officer or employee is obliged not only to perform his duties with the highest degree of responsibility. 35. or c. they shall NOT: a. Judges and other officials and employees of the Supreme Court (Sec. 91. Art.) Appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office.]. a party may conduct his litigation personally but if he gets someone to aid him. Proceedings before the Katarungang Pambarangay – During the pre-trial conference under the Rules of Court. May 27. may conduct his own case or litigation in person. R. Proceedings where lawyers are prohibited from appearing 1. Rule 138. Rule 116.\ 4. a non-lawyer can represent a claimant before the Cadastral Court. 1965).M. or quasi-judicial and other administration bodies (Sec. 2. RRC). agency. L-19450. July 22. IX. 34. RRC). All governors. RRC). Under the Cadastral Act. Reason: A public office is a public trust. and 9. Rule 138.R.lawyer who is (a) Resident of the province. or instrumentality of the government is the adverse party. 7160). 8. 34. They represent themselves. They are the duly accredited members of any legal aid office duly recognized by the Department of Justice. the judge may appoint a non. 6. Sanggunian members may practice their professions provided that if they are members of the Bar. 3. VI. Members of the Constitutional Commission (Sec. G. 2. Art. No. integrity. lawyers are prohibited from appearing for the parties. city and municipal Mayors (Sec. Cases before the MTC: A party to the litigation. Before any other court. with the aid of an agent or friend appointed by him for that purpose (Sec. 8 [second par. No. Civil Service Officers or employees whose duties and responsibilities require that their entire time be at the disposal of the government (Ramos v. Public officials NOT allowed to engage in law practice (ABSOLUTE Prohibition) 1. Public Officials and the Practice of Law GR: The appointment or election of an attorney to a government office disqualifies him from engaging in the private practice of law. of the Integrated Bar of the Philippines. NOTE: The unauthorized practice of law by assuming to be an attorney and acting as such without authority constitutes INDIRECT CONTEMPT which is punishable by fine or imprisonment or both. unless the attorney is the plaintiff or defendant 2. if a. 7. Proceedings before the Small Claims Court. Under the Local Government Code (Sec. No. RA 7160). and (b) of good repute for probity and ability to aid the accused in his defense (Sec. Government Prosecutors (People v. Ombudsman and his deputies (Sec. b. 14. dishonest. or good morals. Arciga asked for the disbarment of Maniwang on the ground of grossly immoral conduct because he refused to fulfill his promise of marriage to her. 3. Canon 1 – A lawyer shall not engage in unlawful. or conduct contrary to justice. nor c. 1975. A former government attorney cannot. Arciga got pregnant resulting in the birth of their child. July 31. She was broken-hearted when she returned to Davao. January 25. SBC Case No. Barranco. It is willful.C. 1997). 5. March 7.03. CPR). LEGAL ETHICS LAST MINUTE TIPS 2017 c. Michael. a retired justice or judge receiving pension from the government. A. or shameless act. 2266. He also admits that he repeatedly promised to marry Magdalena and that he breached that promise because of Magdalena's shady past. honesty. 1. which shows a moral indifference to the opinion of respectable members of the community (Figueroa v. or b. or d. 1983). honesty modesty. 4.A. after leaving government service. A. he had a relationship with Magdalena T. 7204. 2. Dizon. No. R. 1975. A. 519. 2007). Segundino admits in his answer that he and Magdalena were lovers and that he is the father of the child Michael. as amended. Maniwang was still a law student. The two then went to Arciga’s hometown to tell the latter’s parent about the pregnancy and they also made Arciga’s parents believe that they were already married but they would have to have the church wedding in abeyance until Maniwang passes the bar exams. In December 1975.01. Segundino passed the bar examinations on April 25.) Collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official. accept engagement or employment in connection with any matter in which he had intervened while in the said service (Rule 6. Maniwang’s refusal to marry Arciga was not so corrupt nor unprincipled as to warrant disbarment. cannot act as counsel: a. or to any of its legally constituted officers (Sec. R. or to society in general. Failure to pay a loan Moral turpitude Everything that is done contrary to justice. Rule 1. Civil service officers and employees without permit from their respective department heads (Noriega v.) In any civil case in which the Government. an act of baseness. then a medical technology student.M.) Collect any fees for his appearance in any administrative proceedings to maintain an interest adverse to the government. 910).A. 2006). No. 3.) In a criminal case wherein an officer or employee of the Government is accused of an offense in relation to his office. when Segundino D. Sison. or any of its subdivision or agencies is the adverse party. It is difficult to state with precision and to fix an inflexible standard as to what is "grossly immoral conduct" or 3 . They started having a sexual relationship in 1971 and in 1973. Acts NOT constituting gross immorality 1. Is Maniwang’s cohabitation with Arciga and his reneging on his promise of marriage warrant disbarment? A: NO. modesty. Q: In 1970. contrary to the accepted and customary rule of right and duty between man and woman. immoral and deceitful conduct. vileness.) Use property and personnel of the government except when the Sanggunian member concerned is defending the interest of the government. or depravity in the private and social duties which a man owes his fellowmen. flagrant. Stealing a kiss from a client (Advincula v. Under Sec. Grossly immoral conduct is one that is so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree. or good morals (Soriano v. 1. Live-in relationship involving two unmarried persons. C. 910. provincial or municipal. 6792. Arciga followed Maniwang only to be told that their marriage could not take place because he had married Erlinda Ang on November 25. October 27. Arciga. No. She had allegedly been accused in court of oral defamation and had already an illegitimate child before Michael was born. Macabata. It has spawned a number law or otherwise. April 2. 2. Obusan. Abandoning one's wife and resuming carnal relations with a former paramour. Respondent was not able to overcome the evidence of his wife that he was guilty of grossly immoral conduct. There is an area where a lawyer's conduct may not be in consonance with the canons of the moral code but he is not subject to disciplinary action because his misbehavior or deviation from the path of rectitude is not glaringly scandalous. After much patient investigation and surveillance. of legal rights and court procedures by means of contracts which retain exorbitant percentages of recovery and illegal charges for court costs and expenses and by settlement made for quick returns of fees and against just rights of the injured persons (Hightower v. action. Subsequently.03. However. 247 NW 97. Barratry is not a crime under 3. Since then. 1981).A lawyer shall not do or permit to be done any act designated primarily to solicit legal business. Generoso asked permission from his mother-in-law to leave the house and take a vacation in his hometown. 1984). Obusan’s disbarment? A: YES. flagrant. or shameless. lawyer’s of recognized evils such as [FSMD]: act of fomenting suits among 1. A. Detroit Edison Co. 1392. BARRATRY AMBULANCE CHASING An offense of frequently An act of chasing victims of accidents for the purpose of talking to the said exciting and stirring up victims (or relatives) and offering his legal services for the filing of a case quarrels and suits. Canon 2 . and which shows a moral indifference to the opinion of the good and respectable members of the community"." will depend on the surrounding circumstances (Arciga v. it is proscribed by 4.03. Whether a lawyer's sexual congress with a woman not his wife or without the benefit of marriage should be characterized as "grossly immoral conduct. fails within "that conduct which is willful. Lawyers are prohibited from soliciting cases for the purpose of gain.C. Immoral conduct has been defined as "that conduct which is willful. a married woman. August 14. and However.M. Generoso married plaintiff Preciosa Obusan(Preciosa) in a civil ceremony and was later on ratified in a religious ceremony. Fomenting of litigation with resulting burdens on the courts and the individuals and offering his public. Mulcting of innocent persons by judgments. It is in connection with a lawyer's behavior to the opposite sex where the question of immorality usually arises. Daet. Rule 2. Q: Generoso Obusan had carnal relations with a married woman in the name of Natividad Estabillo to whom he begot a child named John Obusan. The rule implies that what appears to be unconventional behavior to the straight-laced may not be the immoral conduct that warrants disbarment. Preciosa immediately started looking for her husband. he has never returned to the conjugal abode. A. or shameless. Canon 1 – A lawyer shall not. He failed to maintain the highest degree of morality expected and required of a member of the bar (Obusan v. either at against the person(s) who caused the accident(s). upon manufactured causes of the Philippine laws. Rule 1. 1993). Is there sufficient ground for Atty. LEGAL ETHICS LAST MINUTE TIPS 2017 to specify the moral delinquency and obliquity which render a lawyer unworthy of continuing as a member of the bar. flagrant. Camarines Norte. No. when his wife was out of the house. encourage any suit or proceeding or delay any man’s cause. one day. she discovered that he was living and cohabiting with Natividad. The act of the respondent in including the phrase ―with financial assistance – in his calling card is a conduct of advertising the legal profession with commercialism and with the purpose of 4 . Subornation of perjury. Maniwang. Jr. Advertisement Lawyers should not advertise their talents as merchants advertise their wares. 1608. Preciosa has proven his abandonment of her and his adulterous relations with a married woman separated from her own husband. legal services to one of them. The couple lived with the wife's mother in Tondo. Such actuation constitutes malpractice. Defrauding of injured persons having proper causes of action but ignorant the rules of legal ethics. for any corrupt motive or interest.. and which shows a moral indifference to the opinion of the good and respectable members of the community". Manila for more than one year. either personally or through paid agents or brokers. No. GR: No advertisement by lawyers is allowed. alleging that then SolGen and counsel to Central Bank. restitution. et al. et al. reconveyance. enforcing or interpreting government or agency procedures. B. Seeking a Public office. Listing in a phone Directory. 8.A lawyer shall not. his family and cronies. 9. Advertisements or simple announcement of the Existence of a lawyer or his law firm posted anywhere where it is proper such as his place of business or residence except courtrooms and government buildings. address. Q: Former Solicitor General Estelito Mendoza filed a petition with the CFI praying for the assistance and supervision of the court in the GenBank’s liquidation. XPNs: [LEPO-LABAN-PD] 1.M. 2009). Activity of an association for the purpose of legal representation. Advertisements or announcement in any Legal publication. The PCGG filed with the Sandiganbayan a complaint for reversion. A. this concern does not cast shadow in the case at bar. if not inexistent. The advice given by Mendoza on the procedure to liquidate the GenBank is not the “matter” contemplated by Rule 6. a position as a full time corporate counsel. being for the convenience of the profession. No. in a manner consistent with the standards of conduct imposed by the canons. Tolentino. 342 is clear in stressing that the “drafting. June 17. or briefing abstract principles of law” are acts which do not fall within the scope of the term “matter”. ABA Formal Opinion No. 553. 151809-12. To be sure. “actively intervened” in the liquidation of GenBank.. simple Professional Card. The most worthy and effective advertisement possible is the establishment of a well-merited reputation for professional capacity and fidelity to trust. The act of Mendoza in informing the Central Bank on the procedure on how to liquidate the GenBank is a different from the subject matter of the civil case about the sequestration of the shares of Tan et al. 4. after leaving government service. Atty. Simbillo.03 of the CPR applicable to Mendoza? A: NO. telephone number and the special branch of law practiced. 3.03. 6. is not objectionable. accounting and damages against Tan. Canon 6 . Khan Jr. which can only be held by a lawyer or. Notice to other local lawyers and publishing in a legal journal of one’s availability to act as an associate for them. be seen as indirect solicitation or would be the equivalent of a law practice. 2003). which was subsequently acquired by Tan. in Allied Bank. For there is no question that in lawyering for Tan et al. 10.. 2. the name of the law firm which he is connected with. firm name or office address. Legal Clinic. G. Nos. in a dignified manner. accept engagement or employment in connection with any matter in which he had intervened while in said service. April 12. LEGAL ETHICS LAST MINUTE TIPS 2017 enticing clients to change counsels through the promise of loans to finance their legal action (Linsangan v.C. 1993). et al. Is Rule 6. September 4.R. Reputable Law lists. Inc. who has then resumed his private practice of law. are allowed. Consequently. No. Writing legal Articles.. journals. Rule 6. Tan. Canon 6 – These canons shall apply to lawyers in government service in the discharge of their official tasks. associates. Sandiganbayan. and legal magazines and in telephone directories (Ulep v. including books. August 19. the danger that confidential official information might be divulged is still nil. Engaging in Business and other occupations except when such could be deemed improper. A simple announcement of the Opening of a law firm or of changes in the partnership. Mendoza is indirectly defending the validity of the action of the Central Bank in liquidating GenBank and selling it later to Allied Bank. 5 . Their interests coincide instead of colliding (PCGG v. 6672. and issued several writs of sequestration on properties they allegedly acquired. and 11. regulations or laws. The PCGG filed motions to disqualify Mendoza as counsel for Tan. of brief biographical and informative data. v. were represented by former SolGen Mendoza. 5. et al. Ordinary. 2005).C. It may contain only a statement of his name. Mendoza gave advice on the procedure to liquidate the GenBank. President Aquino established the PCGG to recover the alleged ill-gotten wealth of former President Marcos. there are no inconsistent sides to be bothered about in this case. 5299.03 of the CPR. A. but not under a designation of a special branch of law (Atty. However. 7. Subsequently. 2713. 2013) GR: An attorney cannot represent diverse interests. (Samson v. 10. July 16. Canon 15 – A lawyer shall observe candor. Maglana v. Effect of non-payment of dues in the IBP Default in the payment of annual dues for six months shall warrant suspension of membership in the Integrated Bar. RRC) subject to the requirement of due process (Funa.M. The termination of the attorney-client relationship does not justify a lawyer to represent an interest adverse to or in conflict with that of the former client. B. and for the lawyer to be equally free to obtain information from the prospective client (CPR Annotated. PhilJA). Rule 139-A. If a validly nominated candidate obtains the highest number of votes in the election conducted. June 10. Each Governor shall be chosen from a list of nominees submitted by the Delegates from the Region. whether or not they are parties in the same action or on totally unrelated cases. if chosen by the Governors from outside of themselves as provided in Section 7 of this Rule. provided that not more than one nominee shall come from any Chapter. 6 . A. and default in such payment for one year shall be a ground for the removal of the name of the delinquent member from the Roll of Attorneys (Sec. Waiver of Position The IBP Samar had effectively waived its turn in the first rotational cycle when it did not field any nominees and the first rotational cycle was already completed after 2005-2007 term. if the lawyer-client relationship does not exist in favor of a party in the first place. Atty. 6664. Canon 15 – A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. shall ipso facto become members of the Board (Sec. 2014). RRC). No. There is attorney-client relationship or a kind of consultancy requirement with a prospective client. Opinion. and 3. The communication was made by the client to the lawyer in the course of the lawyer’s professional employment. Era. Rule 139-A. Privileged Communication 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. Requisites: 1. The communication must be intended to be confidential. Conflict of Interest A lawyer is prohibited from representing new clients whose interests oppose those of a former client in any manner.02. LEGAL ETHICS LAST MINUTE TIPS 2017 LAWYER TO THE LEGAL PROFESSION Structure of the IBP Board Nine Governors shall be elected by the House of Delegates from the nine Regions on the representation basis of one Governor from each Region. his electoral mandate deserves to be respected unless obtained through fraud as established by evidence (Atty. A lawyer may not be precluded from accepting and representing other clients on the ground of conflict of interests. a lawyer should not do anything that will injuriously affect his former client in any matter in which the lawyer previously represented the client. 2009). Even after the severance of the relation. Canon 15 – A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a prospective client. It covers crimes and offenses already committed by the client. fairness and loyalty in all his dealings and transactions with his clients Rule 15. 6.03.C. The rotation rule is not absolute but subject to waiver as when the chapters in the order of rotation opted not to field or nominate their own candidates for Governor during the election regularly done for that purpose. The reason for this is to make the prospective client free to discuss whatever he wishes with the lawyer without fear that what he tells the lawyer will be divulged or used against him. Atty. No. Rule 15. 2. The President and the Executive Vice President. XPN: 1. Only ordinary care and diligence are required of him (Pineda. skill and diligence must be proximate cause of the loss. 7 . Use of Prior Knowledge Obtained – Whether a lawyer will be called upon in his new relation to use against the first client any knowledge acquired in the previous employment. is prejudiced and denied a day in court. his failure to exercise reasonable care. on behalf of one client. 4. What is material in determining whether there is a conflict of interest in the representation is probability. and he cannot complain that the result might have been different had his lawyer proceeded differently. and 5. for the lawyer to be held liable. Invitation of Suspicion – Whether the acceptance of the new relation will prevent a lawyer from the full discharge of his duty of undivided fidelity and loyalty to his client or will invite suspicion of unfaithfulness or double-dealing in the performance thereof. Gross negligence of lawyer. d. (Nakpil v. he is not answerable for every error or mistake. b. No.C. The time spent and the extent of the service rendered or required.03. The character of the employment. The amount involved in the controversy and the benefits resulting to the client from the service. The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs. who has a good cause. 3. or inexperience of lawyer is so great and error so serious that client. Valdez. Are the mistakes or negligence of a lawyer binding upon the client? GR: Client is bound by attorney’s conduct. A. negligence and mistake in handling a case or in the management of litigation and in procedural technique. He is not liable for disbarment for an honest mistake or error. The professional standing of the lawyer. The novelty and difficulty of the questions involved. the latter has a cause of action against him for damages. Where error by counsel is Purely technical which does not substantially affect client’s cause. The skill demanded. 2009). He is not an insurer of the result in a case where he is engaged in as counsel. NOTE: If by reason of the lawyer’s negligence. Lack of acquaintance with technical aspect of procedure. i. 2040.01. 1998) XPN to XPN: Where the conflict is between the attorney’s interest and that of a client. c. The probability of losing other employment as a result of acceptance of the proffered case. Canon 18 – A lawyer shall not neglect a legal matter entrusted to him and his negligence in connection therewith shall render him liable. Three (3) tests to determine conflict of interest for practicing lawyers 1. An attorney is not expected to know all the laws. and will be protected as long as he acts honestly and in good faith to the best of skill and knowledge. or between a private client’s interests and that of the government or any of its instrumentalities. and j. Ignorance. h. 4. incompetence. g. Rule 20. Conflicting Duties – When. e. f. not certainty of conflict. 2. The importance of the subject matter. However. When adherence thereto results in outright deprivation of client’s liberty or property or where Interest of justice so requires. Rule 18. it is the attorney’s duty to contest for that which his duty to another client requires him to oppose or when possibility of such situation will develop. whether occasional or established. Canon 18 – A lawyer shall serve his client with competence and diligence. Mar. 3. Diligence required Prone to err like any other human being. LEGAL ETHICS LAST MINUTE TIPS 2017 XPN: Representation of conflicting interest may be allowed where the parties consent to the representation after full disclosure of facts. The contingency or certainty of compensation. actual loss has been caused to his client. 2. Canon 20 – A lawyer shall be guided by the following factors in determining his fees: a. Indeed. 1645. whenever the referral is made by the Court. Lawyer and client disregard the contract for attorney’s fees. for justifiable cause. the referral to the IBP is not compulsory when the administrative case can be decided on the basis of the pleadings filed with the Court. The contract for attorney’s fees is void due to purely formal matters or defects of execution. 8 .” PROCEEDING IN THE DISBARMENT 139-B as amended by Bar Matter No. or any office of the Court or even a judge of a lower court. No. judge of the lower court. 2016). or c. to any officer of the Supreme Court. The counsel. 2. 1645. Dismissal of the case may even be directed at the outset should the Court find the complaint to be clearly wanting in merit. the OBC or other authorized office or individual must conduct the formal investigation of the administrative complaint. October 13. or in other proceedings when interest of justice so requires. and this investigation is a mandatory requirement that cannot be dispensed with except for valid and compelling reasons because it serves the purpose of threshing out all the factual issues that no cursory evaluation of the pleadings can determine. Supreme Court. or the Office of the Bar Confidant (OBC). such as when the protraction of the investigation equates to undue delay. However. Consequently. 5. Instances when the measure of quantum meruit may be resorted to: 1. (Review of the report of investigation shall be conducted directly by the Supreme Court. report and recommendation either to the IBP. 2015: Section 1. or when the referral to the IBP for the conduct of formal investigation would be redundant or unnecessary. was not able to finish the case to its conclusion. Such referral ensures that the parties’ right to due process is respected as to matters that require further inquiry and which cannot be resolved by the mere evaluation of the documents attached to the pleadings. There is no express contract for payment of attorney’s fees agreed upon between the lawyer and the client. 3. A. Office of the Bar Confidant (OBC). motu propio. 10483. October 13. DISBARMENT PROCEEDINGS “Under the revisions of Rule 139-B (Bar Matter No. upon filing of a verified complaint of any person before the Supreme Court or the Integrated Bar of the Philippines (IBP). or discipline of attorneys may be taken by: a. the Supreme Court may refer the case for investigation to: a. The principle of quantum meruit justifies the payment of the reasonable value of the services rendered by him. In proceeding initiated by the Supreme Court. Proceedings for the disbarment.) The complaint may also be referred to IBP for investigation. the principle of quantum meruit may be used to determine his compensation in the absence of a written agreement for that purpose. Although there is a formal contract for attorney’s fees. or b. PROCEEDINGS IN THE SUPREME COURT Section 13. 4. the IBP.C. LEGAL ETHICS LAST MINUTE TIPS 2017 Quantum Meruit (“as much as he has deserved”) To avoid unjust enrichment to a party from resulting out of a substantially performed contract. March 16. Mangallay. the Rules of Court should not be read as preventing the giving of speedy relief whenever such speedy relief is warranted. and 6. the administrative complaints against attorneys are generally not dismissed outright but are instead referred for investigation. 2015). Atty. the stipulated fees are found unconscionable or unreasonable by the court. and recommendation (Christian Spiritists in the Philippines v. suspension. report. Re: Amendment of Rule 139-B. or b. The client dismissed his counsel before the termination of the case. Re: Amendment of Rule 139-B. I. October 6. No. Camello. G. He had ignored the urging to follow the clear and explicit provision of the rule made in the plaintiffs motion for immediate execution. It is incumbent upon judges to place 9 . MTJ-05-1580. A. if committed in good faith. Incumbent deans. No.]). The Government Corporate Counsel. Though not every judicial error bespeaks ignorance of the law and that. the trial judge reached out to Petitioner in the form of a Facebook “friend” request. 5. incumbent members of the MCLE Committee. A judge may also be administratively liable if shown to have been motivated by bad faith. it must be shown that in the issuance of the assailed resolutions. The Ombudsman. November 29. July 26. does not warrant administrative sanction. A: The Judge’s omission to order immediate execution in an ejectment suit absent the supersedeas bond is inexcusable. 2010 [Bersamin. Governors and Mayors because they are prohibited from practicing their profession Other parties exempted: 1. 9. Upon advice of counsel. 4. 8. bar reviewers and professors of law who have teaching experience for at least 10 years in accredited law schools. 10.M. 2004). incumbent members of Judicial Bar Council. Senators and Members of the House of Representatives. 7. Chief State Prosecutor and Assistant Secretaries of the Dept. they keep abreast with law and jurisprudence. private or public. the Deputy Ombudsmen and the Special Prosecutor of the Office of the Ombudsman. The trial judge's efforts to initiate ex parte communications with a litigant is prohibited by the Code of Judicial Conduct and has the ability to undermine the confidence in a judge's neutrality. The Chief State Counsel. Vice-President and the Secretaries and Undersecretaries of Executive Departments. It is the disregard of basic rules and settled jurisprudence. Thereafter. the same applies only in cases within the parameters of tolerable misjudgment (DOJ v. LEGAL ETHICS LAST MINUTE TIPS 2017 MANDATORY CONTINUING LEGAL EDUCATION Aims and objectives: Continuing legal education is required of members of the IBP to ensure that throughout their career. Judge Rabaca. The appearance of partiality must be avoided. 6. RTJ-14-2369. J.R. The Chief Justice and Associate Justices of the Supreme Court. I.M.. 16-241- CA-J. Judge Rabaca did not order the immediate execution explaining that he had lost jurisdiction by virtue of the defendant’s appeal. Vice-Chancellor and members of the Corps of Professional and Professorial Lecturers of the Philippine Judicial Academy. PROPRIETY Prior to entry of final judgment. 2016). and 12. deliberate or malicious (Atoc v. 2016). However. The Chairman and Members of the Constitutional Commissions. 3. Persons Exempted from the MCLE: 1. Q: Lourdes Ferrer and Prosperidad Arandez prevailed in an ejectment suit. July 13. 11. A. the trial court entered a final judgment against petitioner. 2. the justices have committed an error that was gross or patent. The adverse party failed to file the sufficient supersedeas bond. Those who are not in law practice. Judge Mislang. maintain ethics of the profession and enhance the standards of practice of law. contradicting or failing to apply settled law and jurisprudence. incumbent and retired members of the judiciary. No. incumbent court lawyers who have availed of the Philippine Judicial Academy programs of continuing judicial education (Amendment to Bar Matter 850. Deputy and Assistant Government Corporate Counsel.P. fraud. The Solicitor General and the Assistant Solicitor General. dishonesty or corruption in ignoring. Resolution of the Court En Banc. et al. The President. the Overall Deputy Ombudsman. Petitioner decided not to respond to that invitation. of Justice. 2. The Chancellor. Heads of government agencies exercising quasi-judicial functions. His mere failure to perform a duty enjoined by the Rules of Court sufficed to render him administratively accountable for gross ignorance of law (Ferrer and Arandez v. Those who have retired from law practice with the approval of the IBP Board of Governors JUDICIAL ETHICS Gross Ignorance of the Law Gross ignorance of the law. the Court lays down the following guidelines in resolving requests for judicial clemency: 1. seaman’s book. 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. voter’s ID. A subsequent finding of guilt in an administrative case for the same or similar misconduct will give rise to a strong presumption of non-reformation. 5D13-4449. police clearance. alien certificate of registration/immigrant certificate of registration. 2014). place. 4. There must be other relevant factors and circumstances that may justify clemency. These shall include but should not be limited to certifications or testimonials of the officer(s) or chapter(s) of the Integrated Bar of the Philippines. LEGAL ETHICS LAST MINUTE TIPS 2017 boundaries on their conduct in order to avoid situations such as the one presented in this case (Sandra Chase v. judges or judges associations and prominent members of the community with proven integrity and probity. Philhealth card. 2. document or transaction who is personally known to the notary public and who personally knows the individual. Competent Evidence Identity (a) at least one current identification document issued by an official agency bearing the photograph and signature of the individual. 10 . OR (b) the oath or affirmation of one credible witness not privy to the instrument. XPN: Instances when a Notary Public may authenticate documents without requiring the physical presence of the signatories: 1. 3. Without the appearance of the person who actually executed the document in question. There must be proof of remorse and reformation. Social Security System (SSS) card. National Bureau of Investigation clearance. If the signatory is old or sick or otherwise unable to appear. Sufficient time must have lapsed from the imposition of the penalty to ensure a period of reformation. Robert Loisel. government office ID. Professional Regulations Commission ID. No. Non-Lawyers as Notaries The Rules now requires that notaries must be members of the Philippine Bar. document or transaction who each personally knows the individual and shows to the notary public documentary identification. not known to the notary public but can present their own competent evidence of identity of the signatory. notaries public would be unable to verify the genuineness of the signature of the acknowledging party and to ascertain that the document is the party’s free act or deed. 5. Overseas Workers Welfare Administration (OWWA) ID. 2. Government Service and Insurance System (GSIS) e-card. learning or legal acumen or contribution to legal scholarship and the development of the legal system or administrative and other relevant skills). Furthermore. driver’s license. his presence may be dispensed with if one credible witness not privy to the instrument and who is known to the notary public. notaries public are required by the Notarial Law to certify that the party to the instrument has acknowledged and presented before the notaries public the proper residence certificate (or exemption from the residence certificate) and to enter its number. senior citizen card. passport. Barangay certification. JUDICIAL CLEMENCY In the exercise of its constitutional power of administrative supervision over all courts and all personnel thereof. Department of Social Welfare and Development (DSWD) certification. and date of issue as part of certification. The Supreme Court no longer approves requests from non-lawyers for appointment or reappointment as notaries. postal ID. 3. In cases of copy certification and issuance of certified true copies. There must be a showing of promise (such as intellectual aptitude. OFW ID. or of two credible witnesses neither of whom is privy to the instrument. If two credible witnesses neither of whom is privy to the instrument. NOTARIAL PRACTICE GR: Notaries public should refrain from affixing their signature and notarial seal on a document unless the persons who signed it are the same individuals who executed and personally appeared before the notaries public to attest to the truth of what are stated therein. certification from the National Council for the Welfare of Disable Persons (NCWDP). January 24. certifies under oath or affirmation the identity of the signatory. such as but not limited to. as well as potential for public service. Q: Several administrative complaints were filed against Judge Yu for her refusal to comply with the Supreme Court’s AO 19-2011 which established “night courts” to expedite the handling of criminal cases in foreign tourists arrested at nighttime in Pasay and Makati. MTJ-12-1813. and her unyielding rejection of the appointments of court personnel constituted gross insubordination and gross misconduct. Judge Eliza Yu. November 22. 19-2011. Given her wanton defiance of the Court’s own directives. and unlawfully issuing show-cause orders on her colleagues. Her requiring her fellow Judges to submit to her authority by virtue of her show-cause order. her open disrespect towards her fellow judges. Should she be disbarred? A: Yes. 11 . Her arrogance and insubordination in challenging A. an attorney may be disbarred on the ground of gross misconduct and willful disobedience of any lawful order of a superior court. 2016). A.O. Under Section 27. Rule 138 of the Rules of Court. No. and warranted her immediate dismissal from the Judiciary. her blatant abuse of the powers appurtenant to her judicial office. we should also be imposing the penalty of disbarment (OCA v. No. The grossness and severity of her offenses taken together demonstrated Judge Yu’s unfitness and incompetence to further discharge the office and duties of a Judge. and her penchant for threatening the defenseless with legal actions to make them submit to her will. sending inappropriate messages with sexual undertones to a fellow judge when she was a state prosecutor. whereby she revealed her utter disrespect towards and disdain for them. The administration of justice cannot be entrusted to one like her who would readily ignore and disregard the laws and policies enacted by the Court to guarantee justice and fairness for all. as well as her conduct unbecoming of a judicial officer aggravated her liability. LEGAL ETHICS LAST MINUTE TIPS 2017 DISCIPLINE OF MEMBERS OF JUDICIARY Condition before Justices of the Supreme Court may be disbarred Justices of the Supreme Court in order to be disbarred must first be impeached in accordance with the Constitution.M.