PROBLEM AREAS IN LEGAL ETHICS (PALE)

COURSE OUTLINE
Justice Francisco P. Acosta
Prescribed Text:
Funa, Dennis B., Legal and Judicial Ethics, 2009 Edition
Agpalo, Ruben E., Legal and Judicial Ethics, 2009 Edition
PART ONE - INTRODUCTION
1. The law is not a trade nor a craft but a profession.
Director of Legal Affairs v. Bayot, 74 Phil. 749 (1944)
Cantiller v. Potenciano AC No. 3195, Dec. 18, 1989
In Re Sycip, July 30, 1979
2. Legal Ethics, defined.
3. Sources of Legal Ethics
Rules of Court (RoC)
Controlling decisions of the Supreme Court
Code of Professional Responsibility (CPR)
Canons of Professional Ethics (adopted by the Philippine Bar Association
from the American Bar Association) superseded by CPR
PART TWO PRACTICE OF LAW
1. Practice of law, defined.
Ulep v. Legal Clinic, Inc. 223 SCRA 378 (1993)
See Rule 7, Sec. 5, RoC
Cayetano v. Monsod, 201 SCRA 210 (1991)
Versus Notary Public Tenoso v. Atty. Echavez, AC No. 8384, April 11, 2013
2. Privilege, not a right, to practice.
In Re: Al c. Argosino, BM No. 712, July 13, 1995, 246 SCRA 14
In Re: Juan T. Publico, 102 SCRA 722
Abella v. Barrios, Jr., Ac No. 7332, June 18, 2013
3. Power to regulate practice of law.
Judicial Power:
a. See Const. Art. VIII, Sec. 5(5)
b. In Re Cunanan, 94 Phil. 534 (1954)

Legislative Power:
a. In Re Edillon, 84 SCRA 554 (1978)
b. In the Matter of the Petitions for Admission to the Bar of Unsuccessful
Candidates of 1946 to 1953, March 18, 1954

Executive Power:
a. In Re Garcia, August 15, 1961
Prescribing Standards for Law School
a. See Const., Art. XIV, Sec. 4(1)
b. See Act No. 2706, as amended
c. See Rule 138, Secs. 5 & 6, RoC
3. Admission to the Bar
Who may practice:
a. See Rule 138, Sec. 1, RoC
Requirements for admission:
a. See Rule 138, Secs. 2, 5, 6, 8, 9, 10, 11, 14, 17, 18 & 19
b. In Re: Bar Examinee Haron S. Meling, BM No. 1154, June 8, 2004
c. RA 9225 (Citizenship Retention and Re-acquisition Act of 2003)
d. Petition for Leave to Resume Practice of Law, Benjamin Dacanay, BM No.
1678, Dec. 17, 2007
e. In Re Integration of the Phil. Bar, Jan. 9, 1973
Bar Examinations:
Bar Scandals
a. People v. Romuladez & Mabunay, G.R. No. 31012, Sept. 10, 1932
b. In Re Lanuevo, AC No. 1162, Aug. 29, 1965
c. Re: 2003 Bar Examinations, BM No. 1222, Feb. 4, 2004
Versus Shari'a Bar Examinations
a. Alawi v. Alauya, AM No. SDO-97-2-P, Feb. 24, 1997
Practice without admission:
a. See Rule 138, Sec. 34, RoC
Public officials' disability to practice
a. Correlate with Rule 3.03
b. See Rule 138, Sec. 35, RoC

c. See Const., Art. VII, Sec. 13

d. See Const. Art. IX(A), Sec. 2
e. See Const. Art. VI, Sec. 14
f. See Const., Art. IX, Sec. 8
g. See R.A. 7160, Sec. 90
PART THREE LAWYER'S DUTIES
1. TO SOCIETY
Canon 1 Duty to Uphold the Constitution and the Laws
Lawyer's Oath
See Rule 138, Sec. 20, RoC
Donton v. Tansingco, AC No. 6057, June 27, 2006
Rule 1.01. Duty of Honesty and Morality
Moral Turpitude:
IRRI v. NLRC 221 SCRA 760
Gross Immorality:
Tolosa v. Cargo AM No. 2385, March 8, 1989
Rayos-Ombac v. Rayos, AC No. 2884, Jan. 28, 1998
Paras v. Paras, AC No. 5333, Oct. 18, 2000
Narag v. Narag, AC No. 3405, June 29, 1998
Guevarra v. Eala, AC No. 7136, Aug. 1, 2007
Arciga v. Maniwang, AC No. 1608, Aug. 14, 1981
Misconduct:
Bustamante-Alejandro v. Alejandro, AC No. 4256, Feb. 13, 2004
Gonzalez v. Alcaraz, AC No. 5321, Sept. 27, 2006
Gonzaga v. Realubin, AC No. 1955, March 14, 1995
Rule 1.02. Duty to Obey the Laws and to Support the Legal System
Defiance of law:
Chua v. Mesina, AC No. 4904, Aug. 12, 2004
Rule 1.03. Duty Against Barratry and Duty Not to Delay Any Man's Cause
Barratry, defined
Delay man's cause:
Reyes v. Gaa, AM No. 1048, July 14, 1995

Rule 1.04. Duty to Promote Amicable Settlement

Authority of lawyer to compromise:
Melendrez v. Decena, AC No. 2104, Aug. 24, 1989
See Rule 138, Sec. 23, RoC
Canon 2 Duty to be an Efficient Lawyer
In Re Soriano, G.R. No. L-24114, June 30, 1970
Cuaresma v. Daquis, G.R. No. L-35113, March 25, 1975
Rule 2.01. Duty to the Defenseless and the Oppressed
Rule 2.02.
Oppressed

Duty to Give Legal Advice on the Rights of the Defenseless and the

Rule 2.03. Duty to Shun Vulgar Solicitation

Solicitation:
Director of Religious Affairs v. Bayot, supra
Correlate with Rule 138, Sec. 27, RoC
Tan Tek Beng v. David, 126 SCRA 389, 1983
Advertising:
Permissible advertising - Ulep v. Legal Clinic, supra
Khan, Jr. v. Simbillo, AC No. 5299, Aug. 19, 2003
Ambulance Chasing, defined
Rule 2.04. Duty to Shun Cut-Throat Rates
Canon 3 Duty of Honest and Dignified Pronouncement of Legal Services
Rule 3.01. Duty Not to Use Fraudulent or Misleading Pronouncement of His
Qualifications
See Ethical Consideration
Responsibility, ABA

208,

1978,

Model

Code

of

Professional

Rule 3.02. Duty of Honesty in the Firm Name

In the Matter of the Petition for Authority to Continue to Use firm name
Sycip, Salazar, Feliciano, Hernandez & Castillop, July 30, 1979
Dacanay v. Baker & McKenzie, AC No. 2131, May 10, 1985
Rule 3.03. Duty of a Law Partner to Withdraw from the Firm When He Accepts
Public Office

Rule 3.04. Duty Not to Pay Media for Publicity

Canon 4 Duty to Support the Improvement of the Legal System
Canon 5 Duty to Keep Abreast of Legal Developments
Rabanal v. Tugalde, AC No. 1372, June 27, 2002
Williams v. Entiquez, AC No. 6353, Feb. 27, 2006
MCLE, Bar Matter No. 850
Canon 6 The Same Duties Apply to Lawyers in Government Service
Dinsay v. Cioco, AC No. 2995, Nov. 27, 1996
Santiago v. Sagucio, AC No. 6705, March 30, 2006
Huysen v. Gutierrez, AC No. 6707, March 29, 2006
Rule 6.01. Duty of a Public Prosecutor to See That Justice is Done
Rule 6.02. Duty to Separate Public Duties from Private Interests
Rule 6.03. Duty to Avoid Conflict of Interest After Leaving Government Service
Congruent interest PCGG v. Sandiganbayan, et al., G.R. No. 151809-12,
April 12, 2005
Matter; intervention defined - PCGG v. Sandiganbayan, et al., supra
2. TO LEGAL PROFESSION
Canon 7 Duty to Uphold the Dignity of the Legal Profession
Samala v. Palana, AC No. 6595, April 15, 2005
Integrated bar, defined:
In the Matter of the IBP Membership Dues Delinquency of Atty. Edillon, AC
No. 1928, Aug. 3, 1978
Rule 7.01. Duty to be Honest in Applying for Admission to the Bar
Leda v. Tabang, AC No. 2505, Feb. 21, 1992
Rule 7.02. Duty to Support Only Those Qualified to be Admitted to the Bar
Rule 7.03. Duty to be Professional and Dignified
Canon 8 Duty of Professional Courtesy
Camacho v. Panguluyan, AC No. 4807, March 22, 2000
Castillo v. Padilla, Jr. AC No. 2339, Feb. 24, 1984

Rule 8.01. Duty to be Professional in Language

Offensive Language:
Andres v. Cabrera, AC No. 585, Dec. 14, 1979
Privileged Communication:
Tolentino v. Baylosis, 110 Phil. 1010, 1 SCRA 396
In Re Laureta, March 12, 1987, 148 SCRA 382
Rule 8.02. Duty to Refrain from Professional Encroachment
Canon 9 Duty to Shun Unauthorized Practice of Law
Yap Tan v. Sabandal, BM No. 44, Nov. 29, 1983
Punishable as Indirect Contempt. - See Rule 71, Sec. 3, RoC
Shyster, defined.
Public policy as basis:
Cambaliza v. Cristal-Tenorio, July 14, 2004
Rule 9.01. Duty to Keep a Lawyer's Work Limited to Lawyers of Good Standing
Republic v. Kenrick Development Corp., 529 Phil. 876 (2006)
See Rule 138-A, RoC (The Law Student Practice Rule)
Correlate with Article 222 of the Labor Code
In propria persona or self-representation:
Cruz v. Mijares, G.R. No. 154464, September 11, 2008
Rule 9.02. Duty to Maintain the Integrity of the Lawyer's Fees
Five J. v. NLRC, G.R. No. 11474, Aug. 22, 1994
3. TO THE COURTS
Canon 10 Duty of Candor to the Courts
Rule 10.01. Duty of Fidelity to the Courts
Director of Lands v. Adorable, No. 8197, Oct. 2, 1946
See Rule 138, Sec. 27 and Sec. 20 (d)
Florido v. Florido, AC No. 5624, Jan. 20, 2004
Erectors, Inc. v. NLRC, G.R. No. L-71177, Oct. 28, 1988
Rule 10.02. Duty to Give Accurate Citations
Rule 10.03. Duty of Fidelity to the Rules of Procedure
Correlate with Rule 12.04

Gavida v. Sales, Jr. G.R. No. 124893, April 18, 1997

MCC Industrial Sales Corp. v. Ssangyong Corp. G.R. No. 170633, Oct. 17,
2007
Canon 11 Duty to give Respect to the Courts
Bagasing v. Espanol, G.R. No. 133090, Jan. 19, 2001
Ang v. Castro, G.R. No. 66371, May 15, 1985
Correlate with Rule 71, RoC
Rheem of the Phils. v. Ferrer, G.R. No. L-22979, June 26, 1967
Rule 11.01. Duty to be Properly Attired
Rule 11.02. Duty to be Punctual at Hearings
Rule 11.03. Duty of Proper Language and Behavior
Ceniza v. Sebastian, G.R. No. L-39914, July 2, 1984
Rule 11.04. Duty Not to Attribute Unfounded Ill-Motives to a Judge
Rule 11.05. Duty to Observe the Proper Grievance Mechanism
Caoibes v. Ombudsman, G.R. No. 132177, July 19, 2001
Angeles v. Desierto, G.R. No. 133077, Sept. 8, 2006
Canon 12 Duty to Assist in the Speedy and Efficient Administration of Justice
Rule 12.01. Duty to be Prepared for Trial
In Re Clemente Soriano, G.R. No. L-24114, June 30, 1970
Rule 12.02. Duty Not to Engage in Forum Shopping
Correlate with Rule 7, Sec. 5, RoC
Laxina v. Ombudsman, G.R. No. 153155, Sept. 30, 2005
Rule 12.03. Duty to File Pleadings Seasonably
Diman v. Alumbres, 299 SCRA 459 (1998)
Rule 12.04. Duty Against Dilatory Moves and Misuse of Court Processes
Rule 12.05. Duty Not to Coach a Witness Under Examination
Rule 12.06. Duty Not to Present a False Witness
Rule 12.07. Duty to Respect Witnesses
Correlate with Rule 132, Sec. 3, RoC

Rule 12.08. Duty Not to be a Witness and Counsel at the Same Time
Canon 13 Duty Not to Influence Judges
Rule 13.01. Duty of Non-Fraternization with Judges
Rule 13.02. Duty Not to Resort to the Bar of Public Opinion During Pendency of a
Case
Re: Suspension of Atty. Bagabuyo, AC No. 7006, Oct. 9, 2007
Subjudice, defined P/Supt. Hansel Marantan v. Atty. Diokno, et al., G.R.
No. 205956, Feb. 12, 2014
Principle of open justice
In Re Almacen, G.R. No. L-27654, Feb. 18, 1970
Rule 13.03. Duty to Respect Judicial Independence from the Other Branches of
Government
Judicial independence, defined
Correlate with Const., Art. VIII, Secs. 3, 10, & 11
Cabansag v. Fernandez, G.R. No. L-8974, Oct. 18, 1957
4. TO THE CLIENT
Standard of duty in criminal actions:
People v. Nadera, Jr. 324 SCRA 490, 2000
People v. Espina, 45 SCRA 614, 1972
Canon 14 Duty to Render Legal Service to the Needy
Rule 14.01. Duty Not to be Prejudiced in Accepting Clients
Francisco v. Portugal, AC No. 6155, March 14, 2006
Rule 14.02. Duty to Accept Appointment as Counsel de Oficio or Amicus Curiae and
Duty to Render Free Legal Aid
Correlate with Rule 138, Sec. 31 & 32, RoC
Correlate with Rule 116, Secs, 6, 7, & 8, RoC
Amicus curiae, defined; correlate with Rule 138, Sec. 36, RoC
Rule 14.03. Duty to Render Legal Service to the Indigent
Indigent party, defined
Rule 14.04. Duty to Treat Paying and Non-Paying Clients with the Same Standard
Villafuerte v. Cortez, G.R. No. 3455, April 14, 1998

Canon 15 Duty of Candor to the Client

Cruz v. Jacinto, AC No. 5235, March 22, 2000
Correlate with Rule 138, Sec. 23, RoC
Rule 15.01. Duty to Ascertain Conflict of Interests as Soon as Practicable
Rule 15.02. Duty of Confidentiality
Rule 15.03. Duty to Avoid Conflict of Interests
Conflict of interest, defined Dagohoy v. Atty. Artemio San Juan, AC No.
7944, June 4, 2013
Ylya v. Atty. Gacott, AC No. 6475, Jan. 30, 2013
Lim v. Villasosa, AC No. 5303, June 15, 2006
PCGG v. Sandiganbayan, supra
Quiambao v. Bamba, AC No. 6708, Aug. 25, 2005
Samala v. Valencia, AC No. 5339, January 22, 2007
Pomento v. Ponteverde, AC No. 5128, March 31, 2005
Artezuela v. Maderazo, AC No. 4354, April 22, 2002
Abaqueta v. Florido, AC No. 5948, Jan. 22, 2003
Gonzales v. Cabucana, AC No. 6836, Jan. 23, 2006
Frias v. Lozada, AC No. 6656, Dec. 13, 2005
Reyes v. Vitan, AC No. 5835, April 15, 2005
Fiduciary obligation of loyalty Perez v. De la Torre, AC No. 6160, March 30,
2006
Rules in case of conflict of interest Buted et al. v. Atty. Hernando, AC No.
1359, Oct. 17, 1991
Rule 15.04. Duty to Act as Mediator or Conciliator When Given Written Consent By
All Concerned
Rule 15.05. Duty of Candor in Advising the Client
Rule 15.06. Duty to Not to Engage in Influence Peddling
Influence peddling Berbano v. Barcelona, AC No. 6084, Sept. 3, 2003
Rule 15.07. Duty to Advice the Client on the Rule of Law
Rule 15.08. Duty to Make Clear with the Client his Capacity as a Lawyer when the
Lawyer is also Engaged in Business or Another Profession

Canon 16 Duty to be a Trustee of Client's Moneys and Properties

Business transactions with clients Nakpil v. Valdez, 186 SCRA 758, 1998
Rule 16.01. Duty of Accountability
Espiritu v. Ulep, AC No. 5808, May 4, 2005
Correlate with Rule 138, Sec. 25, RoC
Adrimisin v. Javier, AC No. 2591, Sept. 8, 2006
Angeles v. Uy, Jr., AC No. 5019, April 6, 2000
Celaje v. Soriano, AC No. 7418, October 9, 2007
Rule 16.02. Duty Not to Commingle Funds and Properties
Rule 16.03. Duty to Deliver Funds and Property Upon Demand; Retaining Lien;
Attorney's Lien
Marquez v. Meneses, Jr. 321 SCRA 1, 1999
Rule 16.04. Duty to Avoid the Debtor-Creditor Relationship with the Client
Navarro v. Atty. Solidum, Jr., AC No. 9872, Jan. 28, 2014
Frias v. Lozada, AC No. 6656, Dec. 13, 2005
Canon 17 Duty of Fidelity to the Cause of the Client
Yao v. Aurelio, AC No. 7203, March 30, 2006
Correlate with Rule 130, Sec. 24, RoC
Correlate with Rule 138, Sec. 20 (e), RoC
Regala, et al. v. Sandiganbayan, G.R. No. 105938, Sept. 30, 1996
Restrictions against buying client's property: Correlate with Art. 1491 of the
Civil Code; Correlate with Bautista v. Gonzales, AM No. 1625, Feb. 12, 1990
Correlate with Guevarra v. Calalang, 117 SCRA 7, 1982
Correlate with In Re Ruste, 70 Phil. 243, 1940
Canon 18 Duty to Serve with Due Diligence
Mattus v. Atty. Villasecay, AC No. 7922, Oct. 1, 2013
Ferrer v. Tebelin, AC No. 6590, June 27, 2005
Baldado v. Atty. Mejica, AC No. 9120, March 11, 2013
Tan v. Lapak, G.R. No. 93707, Jan. 23, 2001
Correlate with Rule 138, Secs. 21 and 22, RoC

Negligence of counsel binds client, exceptions:

Antonio v. CA, G.R. No. L-77656, Aug. 31, 1987
Salonga v. CA, 269 SCRA 534
San Miguel Corp. v. Laguesma, 236 SCRA 595
Rule 18.01. Duty to Know His Professional Limitations
Rule 18.02. Duty to be Prepared for Any Legal Matter
Rule 18.03. Duty Not to be Negligent
Pitcher v. Atty. Gagate, AC No. 9352, Oct. 8, 2013
Roldan v. Panganiban, AC No. 4552, Dec. 14, 2004
Adez Realty, Inc. v. CA, G.R. No. 100643, Oct. 30, 1992
Liability of lawyers:
Civil liability of lawyers See Arts. 1170, 1171 and 2201 of the Civil Code
Criminal liability of lawyers See Arts. 209, 172 of the Revised Penal Code
Contempt of Court
Rule 18.04. Duty to Keep Client Informed
Ong v. Grijaldo, AC No. 4724, April 30, 2003
Macarilay v. Serina, AC No. 6591, May 4, 2005
Republic v. Arro, G.R. No. L-48241, June 11, 1987
Canon 19 Duty to Serve Only within the Bounds of the Law
Cosmos Foundry Shop Workers Union v. Lo Bu, G.R. No. L-30136, March 25,
1975
Choa v. Chiongson, 329 Phil. 270, August 9, 1996
Rule 19.01. Duty to Serve Only Thru Fair and Honest Means
Rule 19.02. Duty Not to Condone a Client's Fraud
Rule 19.03. Duty to Take the Lead in Handling a Case
Mobil Oil Phil. Inc. v. CFI of Rizal, G.R. No. 40457, May 8, 1992
Canon 20 Duty to Charge Only Fair and Reasonable Fees
Quantum meruit, defined Sesbreno v. CA, G.R. No. 117438, June 8, 1995
Correlate with Art. 2208 of the Civil Code
See Rule 138, Sec. 24, RoC

Research and Services Realty, Inc. v. CA, G.R. No. 124074, Jan. 27, 1997
Bach v. Ongkiko Kalaw Manhit & Acorda Law Offices, G.R. No. 160334, Sept.
11, 2006
Cortes v. CA, 443 Phil. 42
Champerty (litigation financing), defined; maintenance, defined
Bautista v. Gonzales, AM No. 1625, Feb. 12, 1990
Conjugal Partnership of Spouses Cadavedo v. Lacaya, G.R. No. 173188, Jan.
15, 2014
Rule 20.01. Duty to Comply with the Guidelines in Determining Lawyer's Fees
Correlate with Rule 85, Sec. 7, RoC
Doy Mercantile, Inc. v. AMA Computer College, G.R. No. 155311, March 31,
2004
Rule 20.02. Duty to Divide Fees in Proportion to Work Done
Rule 20.03. Duty Not to Accept Any Compensation in Relation to a Client's Case
Except From the Client Himself
Rule 20.04. Duty to Avoid Disputes with Client Over Fees
Retuya v. Gorduiz, AC No. 1388, March 28, 1980
Assumpsit, defined
See Rule 138, Sec. 25, RoC
Traders Royal Bank Employees Union-Independent v. NLRC, 336 Phil. 705
Rosario, Jr. v. De Guzman, et al., G.R. No. 191247, July 10, 2013
Concept of attorney's fees: Traders Royal Bank Employees Union v. NLRC,
336 Phil. 705
Contingent fees:
Contingent fee contract, defined
Sesbreno v. CA, 245 SCRA 30, 1995
Correlate with Article 1491 (5) of the Civil Code
Fabillo v. IAC, 195 SCRA 28, 1991
Tanhueco v. de Dumo, AC NO. 1437, April 25, 1989
Schulz v. Flores, AC No. 4219, Dec. 8, 2003
See Rule 138, Sec. 37
Rillaroza et al. v. Eastern Telecommunications Phils. Inc. G.R. No. 104600,
July 2, 1999
Pollosco v. Gangan, G.R. No. 140563, July 14, 2000
Retaining fee, defined

General retainer and special retainer, defined

Alberto et al. v. CA, G.R. No. 119088, June 30, 2000
Acceptance fee, defined
Canlas v. CA, G.R. No. L-77691, August 8, 1988
Canon 21 Duty to Preserve the Client's Confidence and Secrets
Duration of duty Hilado v. David, 84 Phil. 569, 1949
Rule 21.01. Duty Not to Reveal the Client's Secrets Except when Allowed by the Rule
Burbe v. Magulta, 432 Phil. 840 (2002)
Hadjula v. Maidnada, AC No. 6711, July 3, 2007
Aro v. Nanawa, 137 Phil. 745
Attorney-client privilege, defined
Elements of attorney-client privilege
Geneto v. Silapan, AC No. 4078, July 14, 2003
Mercado v. Vitriolo, AC No. 5108, May 2, 2005
People v. Sandiganbayan, 275 SCRA 505, 1997
Rule 21.02. Duty Not to Misuse information Acquired from Client
Rule 21.03. Duty to Obtain the Written Consent of the Client Prior to Disbursement
of Certain Information
Rule 21.04. Duty Not to Disclose Information to Members of the Firm When
Prohibited by the Client
Rule 21.05. Duty to Prevent Leakages of Client's Confidences and Secrets
Rule 21.06. Duty to Prevent Indiscreet Conversations About a Client's Affairs
Rule 21.07. Duty Not to Reveal the Fact of Consultation
Correlate with Art. 209 of the Revised Penal Code
Canon 22 Duty to Withdraw Legal Services Only for Good Cause and Upon Notice
Rule 22.01. Duty to Withdraw Legal Services Only when Allowed by the Rule
Montano v. IBP, AC No. 4215, May 21, 2001
Correlate with Rule 20.04
See Rule 138, Sec. 26, RoC
Orcino v. Gaspar, 279 SCRA 379

In Re Atty. David Briones, AC No. 5486, Aug. 15, 2001

Briones v. Zapanta, AC No. 6266, November 16, 2006
People v. Williams, CA GR No. 00375-76, Feb. 28, 1963
Rule 22.02. Duty to Effect an Orderly Turn-Over After Withdrawal or Discharge
Retainer lien, defined
See Rule 138, Sec. 37, RoC
Charging lien, defined
Metropolitan Bank and Trust Company v. CA, 181 SCRA 367
PART FOUR DISBARMENT AND DISCIPLINE OF LAWYERS
Rule 139-B of the Rules of Court
Sec. 1
Grounds for disbarment See Rule 138, Sec. 27
Velez v. De Vera, AC No. 6697, July 25, 2006
Andres v. Cabrera, 127 SCRA 802
Disbarment proceedings, sui generis Pena v. Aparicio, AC No. 7298, June
25, 2007
In Re Almacen, 31 SCRA 562 (1970)
Geeslin v. Navarro, AC No. 2033, May 9, 1990
De los Reyes v. Aznar, 179 SCRA 653
Rayos-Ombac v. Rayos, supra
Dinsay v. Cioco, AC No. 2995, Nov. 27, 1996
Basilia v. Becamon AM No. MTJ-02-1404, Dec. 14, 2004
In Re Brillantes AC No. 1245, March 2, 1977
Pimentel, Jr. v. Llorente, AC No. 4680, Aug. 29, 2000
Proceedings in the Integrated Bar of the Philippines (Secs. 2-12)
Gatmaytan, Jr. v. Ilao, AC No. 6086, Jan. 26, 2005
Cruz v. Cabrera, AC No. 6737, Oct. 25, 2004
Proceedings in the Supreme Court (Secs. 13-14)
Manubay v. Garcia, AC No. 4700, April 12, 2000
Zaldivar v. Sandiganbayan, GR. Nos. 79690-707
Investment and Management Services Corp. v. Roxas, AC No. 1417, April 17,
1996

Common Provisions (Secs. 15-20)

In Re Vinzon, AC No. 561, April 27, 1967
Dumayag v. Lumaya, AC No. 2614, June 29, 2000
Murillo v. Superable, AC No. 341, March 23, 1960
In Re Rusiana, AC No. 270, March 29, 1974
Cui v. Cui, 11 SCRA 755
PART FIVE JUDICIAL ETHICS
A.M. No. 03-05-01-SC Adopting the New Code of Judicial Conduct for the Philippine
Judiciary
CANON 1 - Independence
Two concepts of judicial independence:
In the Matter of the Allegations Contained in the Columns of Mr. Macasaet
(A.M. No. 07-09-13-SC, August 8, 2008)
Sec. 1 Individual judicial independence
Sec. 2 Individual independence from judicial colleagues
Sec. 3 Duty against meddling with another court or administrative agency
Marces v. Judge Arcangel (A.M. No. RTJ-91-712, July 9, 1996)
Sec. 4 Individual independence from private interests
Mandatory inhibition Jurtado v. Judalena, G.R. No. L-40603, July 13, 1978
Sec. 5 Independence from executive and legislative
Alfonso v. Alonzo-Legasto (A.M. No. MTJ-94-995, September 5, 2002)
Sec. 6 Independence from society and litigants
Tan v. Rosete, A.M. No. MTJ-04-1563, September 4, 2004
Sec. 7 Duty to uphold safeguards
Sec. 8 Duty of high standards in judicial conduct
Dimatulac v. Villon, G.R. No. 127107, October 12, 1998
CANON 2 - Integrity
Duty to disclose to appointing authority and JBC
OCA v. Judge Estacion, Jr. A.M. No. RTJ-87-104

Sec. 1 Duty to be above reproach

Sec. 2 Duty of Public Conduct
Junio v. Rivera, Jr., 225 SCRA 688, August 30, 1993
In re Judge Ferdinand J. Marcos, A.M. No. 97-253-RTC, July 6, 2001
City of Tagbilaran v. Hontanosas, a.M. No. MTJ-98-1169, November 29, 2002
Sec. 3 Duty to instill discipline among lawyers and court personnel
CANON 3 - Impartiality
Duty to be impartial
Castillo v. Juan (G.R. No. L-39516, January 28, 1975)
Dimo Realty & Dev. Inc. v. Dimaculangan, G.R. No. 130991, March 11, 2004
Sec. 1 Duty to be free from bias
Sec. 2 Duty to appear impartial
Sison v. Judge Caoibes, A.M. No. RTJ-03-1771, May 27, 2004
Sec. 3 Duty not to give cause for disqualification
Pimentel v. Salanga, G.R. No. 27934, September 18, 1967
See Sections 1 and 2, Rule 137 of RoC
Sec. 4 Duty to refrain from undue comments on a case
Cacatian v. Liwanag, A.M. No. MTJ-02-1418, December 10, 2003
Sec. 5 Instances of mandatory inhibition
Austria v. Masaquel, No. L-22536, August 31, 1967
Umale v. Villaluz, No. L-33508, May 25, 1973
Villaluz v. Mijares, A.M. No. RTJ-98-1402, April 3, 1998
Aparicio v. Andal, G.R. No. 86587, July 25, 1989
Sec. 6 Grounds for inhibition may be waived by the parties
CANON 4 - Impropriety
Sec. 1 Duty to avoid improprieties and appearance of improprieties
OCA v. Judge Floro, A.M. No. RTJ-99-1460, March 31, 2006
Francisco v. Cosico, A.M. No. CA-04-37, March 16, 2004

Sec. 2 Personal restrictions in the conduct of judges

Vedana v. Valencia, 295 SCRA 1
Liwanag v. Judge Lustre, A.M. No. MTJ-98-1168, April 21, 1999
Sec. 3 Duty to restrict relations with lawyers
Sec. 4 Restrictions involving judge's family
Garcia v. De la Pena, A.M. No. MTJ-92-687
Sec. 5 Restrictions in the use of judge's residence
Sec. 6 Exercise of constitutional rights should not impinge judicial independence
In re Judge Acuna, A.M. No. RTJ-04-1891, July 28, 2005
Seludo v. Judge Fineza, A.M. No. RTJ-04-1864, December 16m 2004
Sec. 7 Duty of financial transparency
Sec. 8 Duty not to use judicial influence
Vidal v. Judge Dojillo, A.M. No. MTJ-05-1591, July 14, 2005
Sec. 9 Duty of confidentiality
Access to court records Hilado v. Uudge Reyes, G.r. No. 163155, July 21,
2006
Sec. 10 Allowable judicial activities
Sec. 11 Duty not to practice law
OCA v. Judge Floro, supra
Sec. 12 Involvement in judicial organizations
Sec. 13 Duty against soliciting
Haw Tay v. Singayao, 154 SCRA 107
Sec. 14 Duty of court staff against soliciting
Sec. 15 Acceptable financial or material gains
CANON 5 - Equality
Sec. 1 Duty to be aware of social diversities

Sec. 2 Duty against bias and prejudice

Sec. 3 Duty to give due consideration
In re: Letter of Presiding Justice Conrado Vasquez, Jr., A.M. No. 08-8-11-CA,
September 9, 2008
Sec. 4 Duty to ensure equal treatment by court staff
Sec. 5 Duty to ensure lawyers are not biased or prejudiced
CANON 6 Competence and Diligence
Sec. 1 Primacy of judicial duties
Sec. 2 Coverage of judicial duties
Re: Suspension of Clerk of Court Joboco, A.M. No. 93-10-1296-RTC, August
12, 1998
Sec. 3 Duty of professional development
Torcende v. Judge Sardido, A.M. No. MTJ-99-1239, January 24, 2003
Sec. 4 Duty to be informed in international law and human rights
Correlate with Const., Article II, Sec. 2
Sec. 5 Duty to be efficient, fair and prompt
OCA v. Judge Floro, supra
Sec. 6 Duty to maintain order in court proceedings
Re: Request for Radio-TV coverage of the Trial in the Sandiganbayan of the
Plunder Cases against Estrada, A.M. No. 01-4-03-?SC, June 29, 2001
Mane v. Judge Belen, A.M. No. RTJ-08-2119, June 30, 2008
Sec. 7 Conduct compatible with diligent discharge of judicial duties
OTHER NOTES
Quantum of evidence to hold a judge administratively liable Lachica v.
Flordeliza, 254 SCRA 278
Judge's accountability as a lawyer NBI v. Judge Reyes, A.M. No. MTJ-971120, February 21, 2000
Preventive suspension of judges Re: Payment of Backwages and other
economic benefits of Judge Itturalde, A.M. No. 01-10-12-0, March 29, 2005
Exhaustion of judicial remedies before resort to administrative charge
against Judge Hilado v. Judge Reyes, G.R. No. 163155, July 21, 2006