University

of Santo Tomas
Faculty of Civil Law

LEGAL AND
JUDICIALETHICS


Questions Asked More Than Once
QuAMTO 2021

 QuAMTO (1987-2019)
The lawyer actually appearing for Mercy Sanchez role of the State’s lawyer in nullification of marriage
should drop the name of Atty. Cruz from any cases is that of protector of the institution of
pleading or from any oral appearance in court, marriage (Art 48, Family Code). “The task of
otherwise the law firm could be disqualified. protecting marriage as an inviolable social
Moreover, Rule 6.02 of the Code of Professional institution requires vigilant and zealous
Responsibility prohibits a lawyer in government participation and not mere pro forma compliance"
from using his public position to promote or (Malcampo-Sin v. Sin, 355 SCRA 285 [2001]). This
advance his private interests, and the Senator’s role could not be left to the- private counsels who
name appearing in pleadings or in appearances by have been engaged to protect the private interests
other lawyers in the law firm may be misconstrued of the parties.
as indirectly influencing the judge to decide the
case in favor of the law firm’s client, which can only LAWYER’S OATH
be avoided by dropping the name of the Senator
from the firm name whenever it appears in court. Q: The Lawyer’s Oath is a source of obligation
and its violation is a ground for suspension,
ALTERNATIVE ANSWERS: disbarment, or other disciplinary action. State
in substance the Lawyer’s Oath. (2018, 2015,
a. The motion to disqualify the Reyes Cruz and 2009 BAR)
Santos Law Offices may not prosper as Article
VI, Section 14 of the Constitution prohibits a A:
Senator or Member of the House of
Representatives to personally appear as “I,________________________________, having been
counsel in any court of justice. If Attorney Cruz permitted to continue in the practice of law in the
who is a Senator personally appears, he may Philippines, do solemnly swear that I recognize the
be disqualified. supreme authority of the Republic of the
b. I will deny the motion. The Constitution Philippines; I will support its Constitution and obey
prohibits personal appearance by a member the law as well as the legal orders of the duly
of Congress before the Courts but does not constituted authorities therein; I will do no
totally prohibit law practice. As long as the falsehood, nor consent to the doing of any in court;
Senator does not personally or physically I will not wittingly or willingly promote or sue any
appear in court, there is no disqualification. groundless, false or unlawful suit, nor give aid nor
consent to the same; I will delay no man for money
Lawyers who are authorized to represent or malice, and will conduct myself as a lawyer
government according to the best of my knowledge and
discretion with all good fidelity as well to the courts
Q: From the viewpoint of legal ethics, why as to my clients; and I impose upon myself this
should it be mandatory that the public voluntary obligation without any mental
prosecutor be present at the trial of a criminal reservation or purpose of evasion. So, help me
case despite the presence of a private God.”
prosecutor? (2001 BAR)
Q: Section 20, Rule 138 of the Rules of Court
A: The public prosecutor must be present at the enumerates nine (9) duties of attorneys. Give at
trial of the criminal case despite the presence of a least three (3) of them. (2000, 2007 BAR)
private prosecutor in order to see to it that the
interest of the State is well- guarded and protected, A: Under Section 20, Rule 138, it is the duty of an
should the private prosecutor be found lacking in attorney:
competence in prosecuting the case. Moreover, the
primary duty of a public prosecutor is not to convict 1. To maintain allegiance to the Republic of the
but to see to it that justice is done (Rule 6.01, Code Philippines;
of Professional Responsibility). A private prosecutor 2. To maintain the respect due to the courts of
would be naturally interested only in the conviction justice and judicial officers;
of the accused. 3. To counsel or maintain such actions or
proceedings only as appear to him to be just,
Q: Prosecutor Coronel entered his appearance and such defenses only as he believes to be
on behalf of the State before a Family Court in a honestly debatable under the law;
case for declaration of nullity of marriage, but 4. To employ, for the purpose of maintaining the
he failed to appear in all the subsequent causes confided to him such means only as are
proceedings. When required by the Department consistent with truth and honor, and never
of Justice to explain, he argued that the parties seek to mislead the judge or any Judicial
in the case were ably represented by their officer by an artifice or false statement of fact
respective counsels and that his time would be or law;
better employed in more substantial 5. To maintain inviolate the confidence, and at
prosecutorial functions, such as investigations, every peril to himself, to preserve the secret of
inquests and appearances in court hearings. Is his client, and to accept no compensation in
Atty. Coronel’s explanation tenable? (2017, connection with his client’s business except
2006 BAR) from him with his knowledge and approval;
6. To abstain from all offensive personality, and
A: Atty. Coronel’s explanation is not tenable. The to advance no fact prejudicial to the honor or

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 Legal and Judicial Ethics
reputation of a party or witness, unless positions. The signatures of Atty. Doblar on the
required by the justice of the cause with which pleadings for Eva and for Marla, constitute a
he is charged; certificate by him that he has read the pleadings;
7. Not to encourage either the commencement or that to the best of his knowledge, information and
the continuance of an action or proceeding or belief there is good ground to support them; and
delay any man’s cause, from any corrupt that the pleadings were not interposed for delay
motive or interest; (Rules of Court, Rule 7, Sec. 3, 2nd par.)
8. Never to reject, for any consideration personal
to himself, the cause of the defenseless or Atty. Doblar could not claim he has complied with
oppressed; and the foregoing requirement because he could not
9. The defense of a person accused of crime, by take a stand for Eva that is contrary to that taken
all fair and honorable means, regardless of his for Marla. His theory for Eva clearly contradicts
personal opinion as to the guilt of the accused, his theory for Marla. He has violated his
to present every defense that the law permits, professional responsibility mandated under the
to the end that no person may be deprived of Rules of Court.
life or liberty, but by due process of law.
He has likewise violated the ethical responsibility
Q: State the duties of a lawyer imposed by the that his appearance in court should be deemed
Lawyer’s oath (2016 BAR) equivalent to an assertion on his honor that in his
opinion his client’s case is one proper for judicial
A: The following are the duties of a lawyer imposed determination (Canons of Professional Ethics,
by the lawyer’s oath: Canon 30, 2nd par., last sentence)

1. To maintain allegiance to the Republic of the In counseling on the contradictory positions, Atty.
Philippines; Doblar has likewise counseled or abetted activities
2. To support its Constitution; aimed at defiance of the law or at lessening
3. To obey the laws as well as the legal orders of confidence in the legal system (Code of Professional
the duly constituted authorities; Responsibility, Canon 1, Rule 1.02) because
4. To do no falsehood nor consent to the doing of conflicting opinions may result arising from an
the same in any court; interpretation of the same law.
5. Not to wittingly or willingly promote or sue
any groundless, false or unlawful suit nor to Atty. Doblar could not seek refuge under the
give nor to consent to the doing of the same; umbrella that what he has done was in protection
6. To delay no man for money or malice; of his clients. This is so because a lawyer’s duty is
7. To conduct himself as a lawyer according to not to his client but to the administration of justice.
the best of his knowledge and discretion, with To that end, his client’s success is wholly
all good fidelity to the courts as to his clients; subordinate. His conduct ought to and must always
and be scrupulously observant of the law and ethics
8. To impose upon himself that voluntary (Ernesto Pineda, LEGAL AND JUDICIAL ETHICS, 211
obligation without any mental reservation or [1999], citing Maglasang v. People, G.R. No. 90083,
purpose of evasion. October 4, 1990)
_________________________________________________________
Any means, not honorable, fair and honest, which
The Code of Professional Responsibility is resorted to by the lawyer, even in the pursuit of
________________________________________________________ his devotion to his client’s cause, is condemnable
and unethical. (Ibid.)
TO SOCIETY (CANONS 1-6)
Q: Atty. Asilo, a lawyer and a notary public,
Q: Atty. Doblar represents Eva in a contract suit notarized a document already prepared by
against Olga. He is also defending Marla in a spouses Roger and Luisa when they
substantially identical contract suit filed by approached him. It is stated in the document to
Emma. In behalf of Eva, Atty. Doblar claims that Roger and Luisa formally agreed to live
the statute of limitations runs from the time of separately from each other and either one can
the breach of the contract. In the action against have a live-in partner with full consent of the
Marla, Atty. Doblar now argues the reverse other. What is the liability of Atty. Asilo, if any?
position – i.e. that the statute of limitation does (1998 BAR)
not run until one year after discovery of the
breach. A: Atty. Asilo may be held administratively liable
for violating Rule 1.02 of the Code of Professional
Both cases are assigned to Judge Elrey. Responsibility - a lawyer shall not counsel or abet
Although not the sole issue in the two cases, the activities aimed defiance of the law or at lessening
statute of limitations issue is critical in both. confidence in the leg system. An agreement
between two spouses to live separately from each
Is there an ethical/professional responsibility other and either one could have a live-in partner
problem in this situation? If a problem exists, with full consent of the other, is contrary to law and
what are its implications or potential morals. The r atification by a notary public who is
consequences? (2013 BAR) a lawyer of in illegal or immoral contract or
document constitutes malpractice or gross
A: Yes. There is an ethical/professional misconduct in office. He should at least refrain
responsibility problem that results from the from its consummation. (In Re Santiago, 70 Phil.
actuation of Atty. Doblar in arguing the reverse 661 Panganiban v. Borromeo; 58 Phil. 367, In re

8
 QuAMTO (1987-2019)
Bucana, 72 SCRA 14) contains the lawyer’s law office and legal specialty,
even if his office is located in his friend’s store.
Q: Atty. XX rented a house of his cousin JJ on a What makes it more objectionable is the statement
month-to-months basis. He left for a 6- month of his supposed legal specialty. It is highly
study in Japan without paying his rentals and unethical for an attorney to advertise his talents or
electric bills while he was away despite JJ’s skill as a merchant.
repeated demands.
Q: A Justice of the Supreme Court, while reading
Upon his return to the Philippines, Atty. XX still a newspaper one weekend, saw the following
failed to settle his rental arrearages and advertisement:
electric bills, drawing JJ to file an
administrative complaint against Atty. XX. ANNULMENT OF
Atty. XX contended that his non-payment MARRIAGE
rentals and bills to his cousin is a personal Competent
matter which has no bearing on his profession Lawyer
as a lawyer and, therefore, he did not violate
Reasonable Fee
the Code of Professional Responsibility. Is Atty.
XX’s contention in order? Explain. (2010 BAR) Call 221-2221
The following session day, the Justice called the
attention of his colleagues and the Bar
A: NO. In a case involving the same facts, the Confidant was directed to verify the
Supreme Court held that having incurred just advertisement. It turned out that the number
debts, a lawyer has a moral duty and legal belongs to Attorney X, who was then directed to
responsibility to settle them when they become explain to the court why he should not be
due. “Verily, lawyers must at all times faithfully disciplinarily dealt with for the improper
perform their duties to society, to the bar, to the advertisement. Attorney X, in his answer,
court and to their clients. As part of their duties, averred that (1) the advertisement was not
they must promptly pay their financial improper because his name was not mentioned
obligations.” (Wilson Cham v. Atty. Eva Pata-Moya, in the ad; and (2) he could not be subjected to
556 SCRA 1, 2008) disciplinary action because there was no
complaint against him. Rule on Attorney X’s
True, honest, fair, dignified and objective contention. (2017, 2003, 1998 BAR)
information on legal services
A: The advertisement is improper because it is a
Q: A lone law practitioner Bartolome D. Carton, solicitation of legal business and is tantamount to
who inherited the law office from his deceased self-praise by claiming to be a “competent lawyer”.
father Antonio C. Carton, carries these The fact that his name is not mentioned does not
names:“Carton& Carton Law Office.” Is that make the advertisement proper. His identity can be
permissible or objectionable? Explain. (2001, easily determined by calling the telephone number
1996, 1994 BAR) stated. In the case of Ulep v. Legal Clinic, Inc., 223
SCRA 378, the Supreme Court found a similar
A: Rule 3.02 of the Code of Professional advertisement to be improper is spite of the fact
Responsibility provides as follows: “In the choice that the name of a lawyer was also not mentioned.
of a firm name, no false, misleading or assumed
name shall be used; the continued use of the name A complaint is not necessary to initiate disciplinary
of deceased partner is permissible provided that action against a lawyer. In Sec. 1, Rule 139-B of the
the firm indicates in all its communications that Rules of Court, disciplinary action against a lawyer
the partner is deceased.” Since Atty. Antonio C. may be initiated by the Supreme Court motu
Carton is a solo practitioner, it is improper for him proprio.
to use the firm name “Carton & Carton Law Office”,
which indicates that he is and/or was in Q: Determine whether the following
partnership with his father. Even if he indicates in advertisements by an attorney are ethical or
all his communication that his father is already unethical. Write “Ethical” or “Unethical”, as the
dead, the use of the firm name is still misleading case may be, opposite each letter and explain.
because his father was never his partner before. A
lawyer is not authorized to use in his practice of a. A calling card, 2x2 in size, bearing his
profession a name other than the one inscribed in name in bold print, office, residence and e-
the Roll of Attorneys. mail address, telephone and
Q: Facing disciplinary charges for advertising facsimile numbers.
as a lawyer, Atty. A argues that although the b. A business card, 3’’x4’’ in size, indicating
calling card of his businessman friend indicates the aforementioned data with his photo,
his law office and his legal specialty, the law 1’’x1’’ in size.
office is located in his friend’s store. Decide. c. A pictorial press release in a broadsheet
(2001 BAR) newspaper made by the attorney showing
him being congratulated by the president
A: This appears to be a circumvention of the of a client corporation for winning a multi-
prohibition on improper advertising. There is no million damage suit against the company
valid reason why the lawyer’s businessman friend in the Supreme Court.
should be handling out calling cards which d. The same press release made in a tabloid

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 Legal and Judicial Ethics
by the attorney’s client. factual and true. Canon 27 of the Code of
e. A small announcement that the attorney is Professional Ethics states that “memberships
giving free legal advice on November 30, and offices in bar associations and committees
2017 published in Balita, a tabloid in thereof” may be included in a lawyer’s
Filipino. (2017, 2002 BAR) advertisement. The statement that he gives free
consultation, mediation and court
A: representation services is for the purpose of
promoting the IBP Legal Aid Committee.
a. Ethical – A lawyer, in making known his legal
services shall use only true, honest, fair, b. Suppose the sign reads:
dignified and objective information or
statement of facts (Code of Professional ATTY. REDENTOR A. WALANG-TALO
Responsibility, Canon 3). For solicitation to be Attorney and Counsel-at-Law
proper, it must be compatible with the dignity General Practitioner
of the legal profession. If made in a modest and (Accepts pro bono cases pursuant
decorous manner, it would bring no injury to to the IBP Legal Aid Program)
the lawyer or to the bar (Warvelle, Legal Ethics, Does the posting constitute
p.55). solicitation?
b. Unethical – The size of the card and the
inclusion of the lawyer’s photo in it smacks of (2016 BAR)
commercialism. It is highly unethical for an
attorney to advertise his talents or skill as a A: On the other hand, this advertisement is for the
merchant. benefit of the lawyer alone and constitutes
c. Unethical – A lawyer shall not pay or give solicitation.
anything of value to representatives of the mass
media in anticipation of, or in return for, ALTERNATIVE ANSWER:
publicity to attract legal business (Code of
Professional Responsibility, Rule 3.04). A lawyer This does not constitute solicitation. The lawyer
should not resort to indirect advertisements does not claim to be a specialist, but only a
such as a pictorial press release in a newspaper “general practitioner.” The statement that he
to attract legal business. accepts pro bono cases is not for the purpose of
d. Ethical – A lawyer cannot be held liable for the promoting his “business’’, as” pro bono” means
action of his client, provided he had no “for free.”
knowledge of the client’s act. However, it would
be unethical if the lawyer knew of the client’s TO THE LEGAL PROFESSION
intention to publish but nonetheless failed to GAL PROFESSION
prevent it. INTEGRATED BAR OF THE PHILIPPINES
e. Ethical– The proffer of free legal services to the (RULE 139-A)
indigent, even when broadcast over the radio or
tendered through circulation of printed matter Membership and dues
to the general public, offends no ethical rule.
The rule prescribing advertising or solicitation Q: Not paying the annual IBP dues. (2008 BAR)
of business is aimed at commercialization of the
profession and has to do with the effort to A: It is the duty of every lawyer to support the
obtain remunerative business. It was never activities of the Integrated Bar of the Philippines
aimed at a situation in which a group of lawyers (Canon 7, CPR). Default in payment of IBP dues for
announce that they are willing to devote some six months shall warrant suspension of
of their time and energy to the interests of membership to the Integrated Bar, and default to
indigent citizens (Agpalo, Legal and Judicial make such payment for one year shall be a ground
Ethics, 8th Ed., p. 123). for the removal of the delinquent member from the
Roll of Attorneys. (In Re Atty. Marcial Edillon, 84
Q: A sign was posted at the building where the SCRA 554 [1978])
law office of Atty. Redentor Walang-Talo is
located. The sign reads: Q: In a complaint filed before the Integrated
Bar of the Philippines (IBP) against Atty. Cirilo
ATTY. REDENTOR A. WALANG-TALO Celis, a senior citizen, it was shown that: a) he
Chairman, IBP Legal Aid failed to pay his IBP dues for six (6) years; b) he
Committee Makati City IBP indicated uniformly in his pleadings for three
Chapter (3) consecutive years “IBP Muntinlupa OR No.
Free conciliation, mediation 12345” as proof of payment of his IBP fees; and
and court representation c) he did not indicate any Professional Tax
Suite 210, Galaxy Building, J.P. Receipt number. to prove payment of his
Rizal Street, professional dues.
Makati City
In his defense, Atty. Celis alleged that he is only
a. Does the posting constitute solicitation? engaged in a “limited” law practice, and his
principal occupation, as disclosed in his income
A: There is nothing wrong with the tax return, is that of a farmer of a 30-hectare
advertisement. The statement that he is the orchard and pineapple farm in Camarines Sur.
chairman of the IBP Legal Aid Committee is He also claimed that he believed in good faith

10
 QuAMTO (1987-2019)
that, as a senior citizen, he was exempt from Kuripot insisted that he did not violate the Code
payment of taxes, such as income tax, under of Professional Responsibility, since his
Republic Act No. 7432 which grants senior obligation to the bank was personal in nature
citizens “exemption from the payment of and had no relation to his being a lawyer.Is Atty.
individual income taxes provided that their Kuripot correct? Explain your answer. (2017,
annual taxable income does not exceed the 2005 BAR)
poverty level as determined by the NEDA for
that year.” A: NO. Atty. Kuripot is not correct. A lawyer should
act according to the standards of the legal
As a member of the IBP Board of Governors, profession even in his personal acts. A lawyer shall
decide on the following: not engage in conduct that adversely affects his
fitness to practice law, nor shall he, whether in
(a) the validity of his claim that, being engaged public or private life, behave in a scandalous
in a limited practice of law and being a senior manner to the discredit of the legal profession.
citizen who is exempt from the payment of (Code of Professional Responsibility, Rule 7.03)
taxes, he is not required to pay his IBP and
professional dues Q: Sonia, who is engaged in the lending
business, extended to Atty. Roberto a loan of
(b) the obligations, if any, under the Rules of P50, 000.00 with interest of P25, 000.00 to be
Court and the Code of Professional paid not later than May 20, 2016. To secure the
Responsibility that Atty. Celis may have loan, Atty. Roberto signed a promissory note
violated. (2018 BAR) and issued a postdated check. Before the due
date, Atty. Roberto requested Sonia to defer the
A: (a) In accordance with Sections 9 and 10, Rule deposit of the check. When Atty. Roberto still
139-A, Atty. Celis can engage in the practice of law failed to pay, Sonia deposited the check which
only by paying his IBP dues, and it does not matter was dishonored. Atty. Roberto ignored the
that his practice is “limited”. While it is true that notice of dishonor and refused to pay.
R.A. No. 7432, Sec. 4 grants senior citizen
exemption from the payment of individual income a. Did Roberto commit any violation of the
taxes, provided that their annual taxable income CPR? Explain.
does not exceed the poverty level as determined by b. Can he be held civilly liable to Sonia in an
the National Economic and Development Authority administrative case for suspension or
(NEDA) for that year, the exemption does not disbarment? (2016 BAR)
include payment of membership or association
dues, which is not a tax. (Santos, Jr. vs. Llamas, A.C. A:
No. 4749, 322 SCRA 529, January 20, 2000) a. Atty. Roberto committed a violation of Canon 1
Rule 1.01, Canon 7 and Rule 7.03 in issuing a
(b) Canon 7, Code of Professional Responsibility – A bouncing check. He should very well know that
lawyer shall at all times uphold the integrity and the issuance of a bouncing check is an unlawful
dignity of the legal profession and support the act, a crime involving moral turpitude. (Co v.
activities of the integrated Bar. Bernardino, A.C. No. 3919, January 28, 1998)

Sec. 9, Rule 139–A, Rules of Court. “Every member of b. NO. The sole issue in an administrative case is
the Integrated Bar shall pay such annual dues as the the determination of whether or not a lawyer
Board of Governors shall determine with the is still fit to continue being a lawyer. The
approval of the Supreme Court.” Supreme Court will not order the return of
money which is not intimately related to a
Sec. 10, Rule 139-A, Rules of Court – “Subject to the lawyer-client relationship. (Wong v. Moya, A.C.
provision of Section 12 of this Rule, default in the 6972, October 17, 2008; Sps. Concepcion v. Atty.
payment of annual dues for six months shall De La Rosa, A.C. No. 10681, Feb. 3, 2015)
warrant suspension of members in the Integrated
Bar, and default in such payment for one year shall Courtesy, fairness and candor towards
be a ground for removal of the name of the professional colleagues
delinquent member from the Roll of Attorneys.”
Q: After the pre-trial Atty. Hans Hilado, counsel
Upholding the dignity and integrity of the for plaintiff Jennifer Ng, persuaded defendant
profession Doris Dy to enter into a compromise agreement
with the plaintiff without the knowledge and
Q: Atty. Kuripot was one of Town Bank's valued participation of defendant’s counsel, Atty. Jess
clients. In recognition of his loyalty to the bank, de Jose. Doris acceded and executed the
he was issued a gold credit card with a credit agreement. Therein Doris admitted her
limit of P250,000.00. After two months, Atty. obligation in full and bound herself to pay her
Kuripot exceeded his credit limit, and refused obligation to Jennifer at 40% interest per
to pay the monthly charges as they fell due. annum in ten (10) equal monthly installments.
Aside from a collection suit, Town Bank also The compromise agreement was approved by
filed a disbarment case against Atty. Kuripot. the court.

In his comment on the disbarment case, Atty. Realizing that she was prejudiced, Doris Dy

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 Legal and Judicial Ethics
filed an administrative complaint against Atty. the Code of Professional Responsibility which
Hilado alleging that the latter prevented her provide as follows:
from consulting her lawyer Atty. de Jose when
she entered into the compromise agreement, “Canon 9. A lawyer shall not directly or indirectly
thereby violating the rules of professional assist in the unauthorized practice of law.”
conduct. Atty. Hilado countered that Doris Dy
freely and voluntarily entered into the “Rule 9.01. A lawyer shall not delegate to any
compromise agreement which in fact was unauthorized person the performance of any task
approved by the court. which by law may only be performed by a member
of the bar in good standing.”


Was it proper for the judge to approve the
compromise agreement since the terms thereof Q: Atty. B is a newly admitted member of the
were just and fair even if counsel for one of the Philippine Bar. As a means to manage his heavy
case load, Atty. B delegated the preparation and
parties was not consulted or did not participate
signing of all motions for extension of time to
therein? Explain. (1995 BAR)
his secretary, Ms. D. On the signature page of
A: It was not proper for the Judge to approve the every motion, the following would appear:
compromise agreement without the participation of
the lawyer of one of the parties, even if the "Ms. D for B Law Office"

agreement was just and fair. Even if a client has
X, one of Atty. B's clients expressed concern
exclusive control of the cause of action and may
over such practice. Atty. B reassured him that
compromise the same, such right is not absolute. He
the same is completely permissible as lawyers
may not, for example, enter into a compromise to
are allowed to devise means to efficiently
defeat the lawyer’s right to a just compensation.
manage their workload. Besides, Ms. D is acting
Such right is entitled to protection from the court.
under his full knowledge and authority.


No assistance in unauthorized practice of law
Does the practice of Atty. B of having his
Q: You had just taken your oath as a lawyer. The motions for extension of time signed by Ms. D
constitute any violation of the Code of
secretary to the president of a big university
Professional Responsibility? Explain. (2019
offered to get you as the official notary public of
BAR)
the school. She explained that a lot of students

lose their Identification Cards and are required
A: YES, Atty. B’s practice of having his secretary
to secure an affidavit of loss before they can be
sign his motions for extensions of time constitutes
issued a new one. She claimed that this would be
very lucrative for you, as more than 30 students a violation of Rule 9.01 of Canon 9 of the Code of
lose their Identification Cards every month. Professional Responsibility. The Supreme Court
However, the secretary wants you to give her held that the preparation and signing of a pleading
one-half of your earnings therefrom.Will you constitute legal work involving the practice of law
and the same is reserved for members of the legal
agree to the arrangement? Explain. (2017, 2005
profession.
BAR)

A: NO, I will not agree. Rule 9.02 of the Code of Atty. B’s authority and duty to sign pleadings are
personal to him and he may not delegate the
Professional Responsibility provides that “a lawyer
signing of a pleading to a non-lawyer. By signing a
shall not divide or stipulate to divide a fee for legal
pleading, a counsel certifies that he has read the
service with persons not licensed to practice law".
same, that there is good ground to support it to the
The secretary, not being a lawyer, is not licensed to
practice law and not entitled to a share of the fees best of his knowledge, information and belief, and
that it is not interposed for delay. Hence, it is the
for legal services rendered, particularly in
counsel alone who can certify these matters and
notarizing affidavits.
give legal effect to the document. (Tapay and Rustia

v. Atty. Bancolo, A.C. No. 9604, March 20, 2013)
Q: Atty. Monica Santos-Cruz registered the firm

name “Santos-Cruz Law Office” with the
Q: Dr. Cielo is a well-known medical doctor
Department of Trade and Industry as a single
proprietorship. In her stationery, she printed specializing in cosmetic surgery. Dr. Cielo,
the names of her husband and a friend who are together with a team of doctors, performed a
both non-lawyers as her senior partners in light surgical buttocks enhancement procedure in
of their investments in the firm. She allowed her clinic on Ms. Cossette Concio (Concio).
her husband to give out calling cards bearing Unfortunately, after a couple of years, the
implant introduced during the enhancement
his name as senior partner of the firm and to
procedure caused infection and Concio became
appear in courts to move for postponements.
seriously ill.
Did Atty. Santos-Cruz violate the Code of

Professional Responsibility? Why? (2010 BAR)
Concio filed a criminal action for medical

A: YES, she did. In the case of Cambaliza v. malpractice against Dr. Cielo which was
eventually dismissed for failure to prove that
Cristobal-Tenorio (434 SCRA 288 [2004]), which
Dr. Cielo was negligent. Concio was represented
involves the same facts, the Supreme Court held
that a lawyer who allows a non-member of the Bar in this action by Atty. Cogie Ciguerra (Ciguerra).
to misrepresent himself as a lawyer and to practice After they lost the medical malpractice case,
law, is guilty of violating Canon 9 and Rule 9.01 of Ciguerra started writing a series of posts on his
Facebook (FB) account containing insulting and

12
 QuAMTO (1987-2019)
verbally abusive language against Dr. Cielo. lawyer owes candor, fairness and good faith to the
Among others, Ciguerra called Dr. Cielo a quack court. Rule 10.02 of the Code of Professional
doctor, “reyna ng kaplastikan at kapalpakan”, Conduct expressly provides that a lawyer shall not
and accused her of maintaining a payola or knowingly misquote or misrepresent the contents
extra-legal budget to pay off prosecutors and of a paper, the language or the argument of
judges in order to win her cases. He also called opposing counsel, or the text of a decision or
on patients to boycott the clinic of Dr. Cielo. authority, or knowingly cite as law a provision
already rendered inoperative by repeal or
Dr. Cielo filed a disbarment case against amendment, or assert as a fact that which has not
Ciguerra for posting on his FB account, sexist, has been proved. To cite an argument of one of the
vulgar, and obscene comments, and language parties as a ratio decidendiof a Supreme Court
disrespectful of women in his FB posts. decision shows, at least, lack of diligence on the part
Ciguerra’s defense is that his FB posts were of Atty. A. (Commission on Election v. Noynay, 292
private remarks on his private FB account and SCRA 254)
only meant to be shared among his FB friends,
and Dr. Cielo was not part of them. He also Q: Atty. Billy, a young associate in a medium-
claimed that the disbarment case was filed in sized law firm, was in a rush to meet the
violation of his constitutionally-guaranteed deadline for filing his appellant’s brief. He used
right to privacy. The Court, however, found that the internet for legal research by typing
Ciguerra’s FB account did not have privacy keywords on his favorite search engine, which
settings. led him to many websites containing text of
Philippine jurisprudence. None of these sites
Can Ciguerra be disbarred for the series of posts was owned or maintained by the Supreme
in his FB account against Dr. Cielo? (2018 BAR) Court. He found a case believed to be directly
applicable to his client’s cause, so he copied the
A: YES. The Supreme Court, first of all debunked the text of the decision from the blog of another law
respondent lawyer’s defense of privacy by pointing firm, and pasted the text to the document he
out that he failed to prove that he used the privacy was working on. The formatting of the text he
tools of Facebook to limit his messages to his had copied was lost when he pasted it to the
“friend”. Even if he did so there is no guarantee that document, and he could not distinguish
his friends will not pass on his messages to their anymore, which portions were the actual
friends. findings or rulings of the Supreme Court, and
which were quoted portions from the other
With regard to the defense of freedom of speech, sources that were used in the body of the
the Supreme Court ruled: decision. Since his deadline was fast
approaching, he decided to just make it appear
“Time and again, it has been held that the freedom as if every word he quoted was part of the ruling
of speech and of expression, like all constitutional of the Court, thinking that it would not be
freedoms, is not absolute. While the freedom of discovered.
expression and the right of speech and of the press
are among the most zealously protected rights in Atty. Billy’s opponent, Atty. Ally, a very
the Constitution, every person exercising them, as conscientious former editor of her school’s law
the Civil Code stresses, is obliged to act with justice, journal, noticed many discrepancies in Atty.
give everyone his due, and observe honesty and Billy’s supposed quotations from the Supreme
good faith. As such, the constitutional right of Court decision when she read the text of the
freedom of expression may not be availed of to case from her copy of the Philippine Reports.
broadcast lies, half-truths, insult others, destroy Atty. Billy failed to reproduce the punctuation
their names, reputation of bringing them into marks and font sizes used by the Court. Worse,
disrepute.” (Ma. Victoria G. Belo-Henares v. Atty. he quoted the arguments of one party as
Roberto “Argee” C. Guevarra, A.C. No. 1394, presented in the case, which arguments
December 1, 2016) happened to be favorable to his position, and
not the ruling or reasoning of the Court, but this
TO THE COURTS distinction was not apparent in his brief.
Appalled, she filed a complaint against him.
Candor, fairness and good faith towards the
courts a. Did Atty. Billy fail in his duty as a lawyer?
What rules did he violate, if any?
Q: In a pending labor case, Atty. A filed a b. How should lawyer quote a Supreme Court
Position Paper on behalf of his client, citing a decision? (2015, 1994 BAR)
Supreme Court case and quoting a portion of
the decision therein which he stated reflected A:
the ratio decidendi. However, what he quoted
was not actually the Supreme Court ruling but a. Atty. Billy has violated Canon 10, Rules 10.01
the argument of one of the parties to the case. and 10.02 of the Code of Professional
May Atty. A be faulted administratively? Responsibility (CPR) which provide as follows:
Explain. (2000 BAR)
CANON 10. A LAWYER OWES CANDOR,
A: YES. Hhe may be faulted administratively. A FAIRNESS AND GOOD FAITH TO THE COURT.

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must conduct themselves with great propriety
Rule 10.01. A lawyer shall not do any falsehood, and their behavior must be beyond reproach
nor consent to the doing of any in court; nor anywhere and at all times, whether they are
shall he mislead or allow the Court to be misled dealing with their clients or the public at large.
by any artifice. Any errant behavior on the part of a lawyer
and/or a judge, whether in their public or
Rule 10.02. A lawyer shall not knowingly private activities, which tends to show said
misquote or misrepresent the contents of a lawyer or judge deficient in moral character,
paper, the language or the argument of the honesty, probity or good demeanor, is sufficient
opposing counsel, or the text of a decision or to warrant suspension or disbarment. (Re:
authority, or knowingly cite a law a provision Republic v. Sereno, A.M. No. 18-06-01-SC, July 17,
already rendered inoperative by repeal or 2018)
amendment, or assert as a fact that which has
not been proved. Q: Atty. Luna Tek maintains an account in the
social media network called Twitter and has
b. They should be verbatim reproductions of the 1,000 followers there, including fellow lawyers
Supreme Court’s decisions, down to the last and some clients. Her Twitter account is public
word and punctuation mark. (Insular Life so even her non-followers could see and read
Assurance Co., Ltd., Employees Association v. her posts, which are called tweets. She
Insular Life Assurance Co., Ltd., G.R. No. L-25291, oftentimes takes to Twitter to vent about her
January 30, 1971, 37 SCRA 244) daily sources of stress like traffic or to comment
about current events.
Respect for the courts and judicial officers
She also tweets her disagreement and disgust
Q: Pending resolution of a high-profile case with the decisions of the Supreme Court by
against him, Justice K uttered, in a public forum insulting and blatantly cursing the individual
hosted by a local Integrated Bar of the Justices and the Court as an institution.
Philippines chapter, his comments on the
perceived bias of the court against him, as well a. Does Atty. Luna Tek act in a manner
as on the issues raised by the complainants, his consistent with the Code of Professional
defenses, and the commentaries published by Responsibility? Explain the reasons for
some local newsmen in relation to the case. your answer.
This is only one instance of his many b. Describe the relationship between a
appearances in different gatherings of such lawyer and the courts. (2015 BAR)
nature in order to defend his public image.
A:
(a) Did Justice K, in his capacity as a lawyer,
commit any violation of the Code of a. Atty. Luna did not act in a manner consistent
Professional Responsibility? If so, what rule did with the Code of Professional Responsibility
Justice K violate? Explain. (CPR). Canon 11 of the Code provides that “a
(b) Arguing that he should be treated as any lawyer shall observe and maintain the
other ordinary litigant in the said case, may respect due to the courts and to judicial
Justice K validly claim that his comments were officers and should insist on similar conduct
made in a purely private capacity and hence, with others.” As an officer of the court, a
not subject to administrative sanction? Explain. lawyer should set the example in
(2019 BAR) maintaining a respectful attitude towards
the court. Moreover, he should abstain from
A: offensive language in criticizing the courts.
Atty. Luna Tek violated this rule in insulting
a. YES. Justice K violated Canon 13, Rule 13.02 and blatantly cursing the individual Justices
and Canon 11 of the Code of Professional and the Supreme Court in her tweets.
Responsibility. His public statements tend to Lawyers are expected to carry their ethical
influence the public and the Members of the responsibilities with them in cyberspace.
Court, and to attack the dignity and authority of (Lorenzana v. Judge Ma. Cecilia L. Austria,
the institution. By raising comments on the A.M. No. RTJ-09-2200, April 2, 2014)
perceived bias of the court against him, his
statements went beyond the supposed b. A lawyer is an officer of the court. As such, he
arguments and contentions contained in his is much a part of the machinery of justice as
and the complainant’s pleadings. His public a judge is. The judge depends on the lawyer
utterances do not only tend to arouse public for the proper performance of his judicial
opinion on the matter but such speeches and duties. Thus, Canon 10 enjoins a lawyer to be
interviews given by Justice K in different candid with the courts; Canon 11 requires
forums indisputably tend to tarnish the Court's him to show respect to judicial officers; and
integrity and unfairly attribute false motives Canon 12 urges him to exert every effort and
against its Members. (Re: Republic v. Sereno, consider it his duty to assist in the speedy
A.M. No. 18-06-01-SC, July 17, 2018) and efficient administration of justice.

b. NO. Justice K may not validly claim that his Q: Cacai, a law student, filed an administrative
comments are not subject to administrative complaint against RTC Judge Casimiro Conde,
sanction because they were made in a purely her professor in law school, based on the
private capacity as a party-litigant. Lawyers following allegations:

14
 QuAMTO (1987-2019)
(a) In a school convocation where Judge Conde was brother as a drug addict (in his class discussion).
the guest speaker, Judge Conde openly disagreed While the Code of Judicial Conduct recognizes the
and criticized a recently-decided Supreme Court right of judges to freedom of expression, this
decision and even stressed that the decision of the freedom should be exercised in a manner that
Supreme Court in that case was a serious violation would preserve the dignity, independence and
of the Constitution. respect for himself and judiciary as a whole. A
magistrate should not descend to the level of a
(b) In his class discussions, Judge Conde named sharp-tongued, ill-mannered petty tyrant by
Cacai’s mother, an MTC judge, as one of the judges uttering harsh words, snide remarks and sarcastic
involved in a marriage scam. At that time, the case comments.
against her mother was still pending. Judge Conde
also included in his class discussion Cacai’s Judge Conde can be held administratively liable
brother whom he referred to as a “court-noted even though his improper comments were made in
drug addict.” his class discussions because ethical conduct is
expected of him as a judge not only in the
Cacai asserted that the acts of Judge Conde were performance of his judicial duties, but in his
open displays of insensitivity, impropriety, and professional and private activities as well. A judge,
lack of delicadeza bordering on oppressive and in order to promote public confidence in the
abusive conduct. She also alleged that Judge Conde integrity and impartiality of the judiciary, must
acted with absolute disrespect for the Court and behave with propriety at all times. A judge’s official
violated the “subjudice rule” when he discussed life cannot be detached or separated from his
the marriage scam involving her mother because, personal existence. Judge Conde also violated the
at that time, the case was still pending. subjudice rule which restricts comments and
disclosures pertaining to judicial proceedings in
In his defense, Judge Conde argued that the case he order to avoid obstructing the administration of
discussed in the school convocation was already of justice. At the time Judge Conde discussed the
public knowledge and had been published after it marriage scam, the case was still pending. (Tormis
had become final. He also said it was part of his v Paredes, A.M. No. RTJ-13- 2366, February 4, 2015)
academic freedom to openly discuss and criticize a
decision of the Court since it was already decided Q: Atty. Y, in his Motion for Reconsideration of
with finality, was patently erroneous, and clearly a the Decision rendered by the National Labor
violation of the Constitution. With respect to Relations Commission (NLRC), alleged that
discussions in class about Cacai’s mother, he said there was connivance of the NLRC
that the marriage scam where her mother was Commissioners with Atty. X for monetary
charged scandalized the Judiciary and became considerations in arriving at the questioned
public knowledge when the Office of the Court Decision. He insulted the Commissioners for
Administrator held a press conference on the their ineptness in appreciating the facts as
matter and, that as a citizen, he could comment borne by the evidence presented.
thereon in the exercise of his rights to freedom of
speech and expression. He also asserted that his Atty. X files an administrative complaint
discussions in both fora could not be the subject of against Atty. Y for using abusive language.
an administrative complaint because they were
not done in the performance of his judicial duties. Atty. Y posits that as lawyer for the down-
trodden laborers, he is entitled to express his
Rule on each of the charges raised by Cacai, and the righteous anger against the Commissioners for
corresponding defenses raised by Judge Conde. having cheated them; that his allegations in the
(2018 BAR) Motion for Reconsideration are absolutely
privileged; and that proscription against the
A: use of abusive language does not cover
(a) The New Code of Judicial Conduct provides that pleadings filed with the NLRC, as it is not a
judges, like any other citizens, are entitled to freedom court, nor are any of its Commissioners Justice
of expressions, belief, association and assembly, but in or Judges.
exercising such right, they shall always conduct
themselves in such a manner as to preserve the dignity Is Atty. Y administratively liable under the Code
of the judicial office and the impartiality of the of Professional Responsibility? Explain. (2010
judiciary. Judge Conde, however, should not have BAR)
criticized in public the Supreme Court decision as a
serious violation of the Constitution. He should have A: Atty. Y “has clearly violated Canons 8 and 11 of
avoided any discussion in order to preserve the the Code of Professional Responsibility and is
traditional non-involvement of the judiciary in public administratively liable. A lawyer shall not in his
discussion of controversial issues. (In re: Query of the professional dealings, use language which is
MTC Lawyers of Zamboanga del Norte, A.M. No. 86-11- abusive, offense or otherwise improper” (Rule 8.01,
3690) CPR). A lawyer shall abstain from scandalous,
offensive or menacing language or behavior before
(b) Judge Conde is guilty of conduct unbecoming of the courts (Rule 11.03, CPR).
a judge in using intemperate language and
unnecessary comments tending to project Cacai’s In the case of Johnny Ng v. Atty. Benjamin C. Alar
mother as a corrupt and ignorant judge and her (507 SCRA 465 [2006]), which involves the same

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 Legal and Judicial Ethics
facts, the Supreme Court held that the argument litigants and witnesses, but also to the public in
that the NLRC is not a court, is unavailing. The general, which necessarily includes the media, in
lawyers remains a member of the Bar, an “oath- order to avoid prejudging the issue, influencing the
bound servant of the law, whose first duty is not to court, or obstructing the administration of justice.
his client but to the administration of justice and A violation of this rule may render one liable for
whose conduct ought to be and must be indirect contempt under Sec. 3(d), Rule 71 of the
scrupulously observant of the law and ethics.” Rules of Court. The specific rationale for the sub
judice rule is that courts, in the decision of issues of
The Supreme Court also held that the argument fact and law should be immune from every
that labor practitioners are entitled to some extraneous influence; those facts should be decided
latitude of righteous anger is unavailing. It does not upon evidence produced in court; and that the
deter the Court from exercising its supervisory determination of such facts should be uninfluenced
authority over lawyers who misbehave or fail to by bias, prejudice or sympathies. (Marantan v.
live up to that standard expected of them as Diokno, 716 SCRA 164, Feb. 12, 2014) After a case is
members of the bar. decided, however, the decision is open to criticism,
subject only to the condition that all such criticism
Q: Mercado publicly criticized the Supreme shall be bona fide, and shall not spill over the walls
Court for having rendered what he called an of decency and propriety.
unjust judgment, even as he ridiculed the
members of the Court by direct insults and A wide chasm exists between fair criticism, on the
vituperative innuendoes. Asked to explain why one hand, and abuse and slander of courts and the
he should not be punished for his clearly judges thereof, on the other. Intemperate and
contemptuous statements; Atty. Mercado sets unfair criticism is a gross violation of the duty of
up the defense that his statements were uttered respect to courts. It is such a misconduct that
after the litigation had been finally terminated subjects a lawyer to disciplinary action (In Re
and that he is entitled to criticize Judicial Almace, G.R. L-27654, February 18, 1970).
actuations. Is Atty. Mercado's contention
tenable? Explain. (1993 BAR) In this case, the published comment of Atty. Harold
was made after the decision of the Supreme Court
A: Atty. Mercado’s contention is not tenable. While was rendered, but the same was not yet final. The
he is free to criticize the decision itself, he is not at case was still pending. Hence, the publication of
liberty to call said judgment an unjust judgment such comment was inappropriate, and Atty. Harold
and to ridicule the members of the court. It is one may be penalized for indirect contempt of court.
thing to analyze and criticize the decision itself,
which is proper, and it is another thing to ridicule ALTERNATIVE ANSWER:
the members of the court, which is wrong. The right
of a lawyer to comment on or criticize the decision Although the comment of Atty. Harold was made
of a judge or his actuations is not unlimited. It is the while the case was technically pending, it was made
cardinal condition of all such criticism that it shall after a decision was rendered, and the comment
be bona fide, and shall not spill over the walls of made is within the grounds of decency and
decency and propriety. A wide chasm exists propriety. Hence, the lawyer does not deserve
between fair criticism, on the one hand, and abuse punishment for the same.
and slander of courts and judges on the other. A
publication in or outside the court tending to Assistance in the speedy and efficient
impede, obstruct, embarrass or influence the administration of justice
courts in administering Justice in a pending suit, or
to degrade the courts, destroy public confidence in Q: The Supreme Court issued a resolution in a
them or bring them in any way into disrepute, case pending before it, requiring the petitioner
whether or not there is a pending litigation, to file, within ten (10) days from notice, a reply
transcends the limits of fair comment. Such to the respondent's comment. Attorney A,
publication or intemperate and unfair criticism is a representing the petitioner, failed to file the
gross violation of the lawyer’s duty to respect the reply despite the lapse of thirty (30) days from
courts. It is a misconduct that subjects him to receipt of the Court’s resolution. The Supreme
disciplinary action. Court dismissed the petition for non-
compliance with its resolution.
Q: Atty. Harold wrote in the Philippine Star his
view that the decision of the Supreme Court in a Attorney A timely moved for the
big land case is incorrect and should be re- reconsideration of the dismissal of the petition,
examined. The decision is not yet final. Atty. claiming that his secretary, who was quite new
Alfonso, the counsel for the winning party in in the office, failed to remind him of the
that case, filed a complaint for disbarment deadline within which to file a reply. Resolve
against Atty. Harold for violation of sub judice Attorney A's motion. (2003 BAR)
rule and Canon 11 of the CPR that a lawyer shall
observe and maintain respect due to the courts. A: Attorney A’s motion is not meritorious. He has
Explain the sub judice rule and rule on the violated Rule 12.03 of the Code of Professional
disbarment case. (2016 BAR) Responsibility which provides that “a lawyer shall
not, after obtaining extensions of time to file
A: The sub judice rule restricts comments and pleadings, memoranda or briefs, let the period
disclosures pertaining to pending judicial lapse without submitting the same or offering an
proceedings, not only by participants in the explanation for his failure to do so”. His claim that
pending case, members of the bar and bench, it was the fault of his secretary is not sufficient. He

16
 QuAMTO (1987-2019)
cannot take refuge behind the inefficiency of his Judge Patron for having allowed himself to be used
secretary because the latter is not a guardian of the as a “bridge” by Atty. Hermano, his fraternity
lawyer’s responsibilities (Nidua v. Lazaro, 174 SCRA “brod”, to meet with Judge Apestado exhibited
581, 1989) judicial misconduct in the following manner:
Judges shall refrain from influencing in any manner
Reliance on merits of his cause and avoidance of the outcome of litigation or dispute pending before
any impropriety which tends to influence or another court (Ibid., Canon 1, Sec. 3). Furthermore,
gives the appearance of influence upon the in allowing Atty. Hermano to take advantage of his
courts fraternity bond, Judge Patron allowed the prestige
of judicial office to advance the private interests of
Q: Atty. Hermano requested his fraternity others, conveyed or permitted hos fraternity “brod”
brother, Judge Patron, to introduce him to Judge to convey the impression that he is in a special
Apestado, before whom he has a case that had position to influence the judge (Ibid., Canon 1, Sec 4,
been pending for some time. 2nd sentence)

Judge Patron, a close friend of Judge Apestado, The specific violations of Judge Apestado were
acceded to the request, telling the latter that committed when he allowed himself to be
Atty. Hermano is his fraternity “brod” and that convinced by Judge Patron to have the dinner
Atty. Hermano simply wanted to ask for advice meeting with Atty. Hermano to discuss how the
on how to expedite the resolution of his case. case may be expedited. In performing judicial
They met, as arranged, in the fine dining duties, judges shall be independent form judicial
restaurant of a five-star hotel. Atty. Hermano colleagues in respect of decisions which the judge
hosted the dinner. is obliged to make independently (Ibid., Canon 1,
Sec. 2). Finally, in having dinner meeting with Atty.
Did Atty. Hermano, Judge Patron and Judge Hermano who has a pending case with his sala,
Apestado commit any ethical/administrative Judge Apestado has exhibited an appearance of
violation for which they can be held liable? impropriety in his activities. (Ibid., Canon 4, Sec 1)
(2013 BAR)
Q: Atty. J requested Judge K to be a principal
A: YES, the three (3) of them committed sponsor at the wedding of his son. Atty. J met
ethical/administrative violations for which they Judge K a month before during the IBP-
can be held liable. For hosting the dinner, Atty. sponsored reception to welcome Judge K into
Hermano acted in contravention of ethical the community, and having learned that Judge K
standards. A lawyer should refrain from any takes his breakfast at a coffee shop near his
impropriety which tends to influence or give the (Judge K's) boarding house, Atty. J made it a
appearance of influencing the court (Code of point to be at the coffee shop at about the time
Professional Responsibility, Canon 13, Rule 13.01). A that Judge K takes his breakfast. Comment on
lawyer shall not extend extraordinary attention or Atty. J's acts. Do they violate the Code of
hospitality to, nor seek opportunity for cultivating Professional Responsibility? (2000 BAR)
familiarity with Judges (Ibid, Canon 13, Rule 13.01).
Marked attention and unusual hospitality on the A: YES, his actions violate the Code of Professional
part of a lawyer to a judge, uncalled for by the Responsibility. Canon 13 of the said Code provides
personal relations on the parties, subject both the that a lawyer shall rely upon the merits of his cause
judge and the lawyer to misconstruction of motive and refrain from any impropriety which tends to
and should be avoided (Canons of Professional influence, or gives the appearance of influencing
Ethics, canon 3, 2nd par., 1st sentence). Even if the the court. Rule 13.01 of the same Code provides
purpose of the meeting was merely to “ask advice that a lawyer shall not extend extraordinary
on how to expedite the resolution of his case,” Atty. attention or hospitality to, nor seek opportunity
Hermano still acted outside of the bounds of ethical for, cultivating familiarity with Judges. Atty. J
conduct. This is so because a lawyer deserves obviously sought opportunity for cultivating
rebuke and denunciation for any device or attempt familiarity with Judge K by being at the coffee shop
to gain from a judge a special personal where the latter takes his breakfast, and is
consideration or favor (Ibid., Canon 3, 2nd par., 2nd extending extraordinary attention to the judge by
sentence). inviting him to be a principal sponsor at the
wedding of his son.
Both judge patron and Judge Apestado may be held
liable for having the dinner meeting with Atty. Q: After a study of the records and deciding that
Hermano. Judges shall ensure that not only is their plaintiff was entitled to a favorable judgment,
conduct above reproach, but that it is perceived to Judge Reyes requested Atty. Sta. Ana, counsel
be so in the view of a reasonable observer (New for the plaintiff, to prepare the draft of the
Code of Conduct for the Philippine Judiciary, Canon 2, decision. Judge Reyes then reviewed the draft
Sec.1) prepared by Atty. Sta. Ana and adopted it as his
decision for plaintiff. Judge Reyes saw nothing
Judges shall avoid impropriety and the appearance unethical in this procedure as he would ask the
of impropriety in all of their activities (Ibid., Canon other party to do the same if it were the
4, Sec. 1). Their having dinner with Atty. Hermano, prevailing party.
a practicing lawyer, could be construed as
appearance of impropriety. Please comment on whether Judge Reyes'

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approach to decision-writing is ethical and grace the parties of Rico, are they violating
proper. (1994 BAR) the Code of Judicial Conduct? Explain.
(2010 BAR)
A: This procedure of Judge Reyes is unethical
because the judge is duty bound to study the case A:
himself; he must personally and directly prepare
his decisions and not delegate it to another person a. YES. A lawyer shall not extend extraordinary
especially a lawyer in the case (Section 1. Rule 36, attention or hospitality to, nor seek
Rules of Court) opportunity for cultivating familiarity with
judges (Code of Professional Responsibility,
ALTERNATIVE ANSWER: Rule 13.01). Moreover, he should refrain from
any impropriety which gives the appearance of
In the case of Lantoria vs. Bunyi, 209 SCRA 528, a influencing the court (CPR, Canon 13). In
lawyer was suspended for preparing drafts of regularly playing golf with judges, Atty. Rico
decisions for a judge. The Supreme Court held that will certainly raise the suspicion that they
this violated Canon No. 13 and Rule 13.01 of the discuss cases during the game, although they
Code of Professional Responsibility which provide actually do not. However, if Rico is known to be
that: a non-practicing lawyer, there is not much of
an ethical problem.
“CANON 13. – A lawyer shall rely upon the merits b. Members of the bench who grace the parties of
of his case and refrain from any impropriety which Atty. Rico would be guilty of violating Sec. 3,
tends to influence, or gives the appearance of Canon 4 of the New Code of Judicial Conduct for
influencing the court." the Philippine Judiciary which provides that
“Rule 13.01 – A lawyer should not extend “judges shall, in their personal relations with
extraordinary attention or hospitality to nor seek individual members of the legal profession
opportunity for cultivating familiarity with the who practice regularly in their court, avoid
judge." situations which might reasonably give rise to
the suspicion or appearance of favoritism or
Conversely, therefore, a judge should not ask partiality”. It has been held that “if a judge is
lawyers of parties to a case before him to draft his seen eating and drinking in public places with
decisions. “A judge should so behave at all times as a lawyer who has cases pending in his or her
to promote public confidence in the integrity and sala, public suspicion may be aroused, thus
impartiality of the judiciary." (Rule 2.01, Code of tending to erode the trust of litigants in the
Judicial Conduct) impartiality of the judge” (Padilla v. Zantua,
237 SCRA 670). But if Atty. Rico is not a
Q: Atty. A is offered professional engagement to practicing lawyer, such suspicion may not be
appear before Judge B who is A’s relative, aroused.TO THE CLIENTS
compadre and former office colleague. Is A
ethically compelled to refuse the engagement? TO THE CLIENTS
Why? (2001 BAR)
AVAILABILITY OF SERVICE WITHOUT
A: There is no ethical constraint against a lawyer DISCRIMINATION
appearing before a judge who is a relative,
compadre or former office colleague as long as the Services regardless of a person’s status
lawyer avoids giving the impression that he can
influence the judge. On the other hand, the judge is Q: M was criminally charged with violation of a
required by the Code of Judicial Conduct not to take special law. He tried to engage the service of
part in any proceeding where his impartiality may Atty. N. Atty. N believed, however, that M is
be reasonably questioned (Code of Judicial Conduct, guilty on account of which he declined. Would
Rule 3.12). Among the grounds for mandatory it be ethical for Atty. N to decline? Explain.
disqualification of the judge is if any of the lawyers (2000, 1996 BAR)
is a relative by consanguinity or affinity within the
fourth degree. A: It would not be ethical for Atty. N to decline. Rule
14.01 of the Code of Professional Responsibility
Q: Rico, an amiable, sociable lawyer, owns a provides that a lawyer shall not decline to
share in Marina Golf Club, easily one of the represent a person solely on account of the latter’s
more posh golf courses. He relishes hosting race, sex, creed or status of life, or because of his
parties for government officials and members own opinion regarding the guilt of said person. It is
of the bench. for the judge, not the lawyer, to decide the guilt of
the accused, who is presumed to be innocent until
One day, he had a chance meeting with a judge his guilt is proved beyond reasonable doubt by
in the Intramuros golf course. The two readily procedure recognized by law.
got along well and had since been regularly
playing golf together at the Marina Golf Club. Q: Atty. DD’s services were engaged by Mr. BB
as defense counsel in a lawsuit. In the course of
a. If Atty. Rico does not discuss cases with the proceedings, Atty. DD discovered that Mr.
members of the bench during parties and BB was an agnostic and a homosexual. By
golf games, is he violating the Code of reason thereof, Atty. DD filed a motion to
Professional Responsibility? Explain. withdraw as counsel without Mr. BB’s express
b. How about the members of the bench who consent. Is Atty. DD’s motion legally tenable?
Reason briefly. (2004 BAR)

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