UNIVERSITY OF CEBU - BANILADCOLLEGE OF LAWLEGAL AND JUDICIAL ETHICSSecond Semester AY 2014-2015

B. Duties and responsibilities of a lawyer 3. THE LAWYER AND THE CLIENTCanon 16 - Hold in Trust Clients Moneys and PropertiesCf. Art 1491, Civil Code(a) Rule 16.01 Account for clients funds(b) Rule 16.02 - Keep Clients Fund Separate(c) Rule 16.03 - Delivery of Funds; Lawyers Lien (d) Rule 16.04 - No Borrowing, Lending Cases:96. Businos v. Ricafort, AC 4349, December 22, 199797. Espiritu v. Cabredo IV, AC 5831, January 23, 200398. Schultz v. Flores, AC 4219, December 8, 200399. Frias v. Lozada, AC 6656, December 13, 2005 100. Tarog v. Atty. Ricafort, AC 8253, March 15, 2011Canon 17 Trust and ConfidenceCases:101. Lorenzana Food Corporation v. Daria, AC 2736, May 27, 1991Canon 18 Competence(a) Rule 18.01 - Client Consent with Collaborating Counsel(b) Rule 18.02 - Adequate Preparation (c) Rule 18.03 - Not to Neglect Legal Matters(d) Rule 18.04 - Inform Client on Status of Case Cases: 102. Edquibal v. Ferrer, AC 5687, February 3, 2005103. Ramos v. Imbang, AC 6788, August 23, 2007104. Barbuco v. Atty. Beltran, AC 5092, August 11, 2004105. Reontoy v. Ibadlit, AC CBD 190, January 28, 1998106. Somosot v. Atty. Lara, AC 7024, January 20, 2009107. Avelino v. Palana, AM 405, May 31, 1971Canon 19 - Representation with Zeal(a) Rule 19.01 - Fair and HonestCf. Rule 138 sec 20 (d)(b) Rule 19.02 - Rectify Clients Fraud (c) Rule 19.03 - Control Proceedings Case:108. Maglasang v. People, GR 90083, October 4, 1990109. Pena v. Atty. Aparicio, Ac 7298, June 25, 2007110. Atty. Solidon v. Atty. Macalalad, AC 8158, February 24, 2010111. Anderson v. Cardeno, AC 3523, January 17, 2005112. People v. Pagaro, Minute Resolution, GR 93026-27, July 24, 1991Canon 20 - Attorneys FeesCf. RA 5185 sec 6; Rule 138 sec 24; 32 ROC(a) Rule 20.01 - Fee Guide (b) Rule 20.02 - Clients Consent of Fees (c) Rule 20.03 - Clients Consent of Acceptance of Fee Cf. Rule 138 sec 20 (e)(d) Rule 20.04 - Avoid Compensation Controversy with Client Cf. Rule 138 sec 24, 32 ROCCase:113. Ramos v. Atty. Ngaseo, AC 6210, December 9, 2004114. Licudan v. CA, GR 91958, January 24, 1991Canon 21 - Preserve Clients ConfidenceCf. Rule 138 sec 20(e) ROC; Rule 130 sec 21 (b); Art 208, RPC(a) Rule 21.01 - Revelations of Confidence and Secrets Allowed (b) Rule 21.02 - Use of Information Received in Course of Employment Allowed (c) Rule 21.03 - Prohibition to Giving Information to Outside Agency(d) Rules 21.04 to 21.05 - Protection from Disclosure (e) Rule 21.06 - Prohibition of Indiscreet Conversation (f) Rule 21.07 - Not to Reveal that Lawyer was Consulted Cf. Rule 15.01, Rule 14.03Cases:115. Hilado v. David, 83 Phil 569 (1949)116. Bun Siong Yao v. Atty. Aurelio, AC 7023, March 30, 2006117. Uy v. Atty. Gonzales, AC 5280, March 30, 2004Canon 22 - Withdrawal of Services for Good Cause(a) Rule 22.01 - Good causes for Withdrawal of Services (b) Rule 22.02 - Duties of Lawyer who withdrawsCases:118. Pioneer Insurance and Surety Corp. v. De Dios Transportation Co., Inc., et al., GR 147010, July 18, 2003119. Felicisimo v. Montano v. IBP and Atty. Dealca, AC 4215, May 21, 2001120. Elisa v. Venterez et at vs. Atty. Cosme, AC 7421, October 10, 2007SUSPENSION, DISBARMENT AND DISCIPLINE OF LAWYERS (RULE 139-B, RULES OF COURT)A. Nature and Characteristics of disciplinary actions against lawyersa. Sui generisb. PrescriptionB. Objectives of suspension and disbarmentC. Grounds for disbarment (Rule 138, Sec 27, Rules of Court)D. Officers authorized to investigate disbarment casesa. Supreme Courtb. IBP thru Commission on Bar Discipline or authorized officersc. Office of the Solicitor GeneralE. Liabilities of Lawyera. Civil liabilityb. Criminal liabilityc. Contempt of Courtd. Forms of disciplinary measurese. Modifying circumstances (Mitigating and Aggravating)F. Readmission to the Bara. Reinstatementb. Lifting of order of suspensionc. Judicial clemency

JUDICIAL ETHICSA. Sources of judicial ethicsa. New Code of Judicial Conduct (2004)b. Code of Judicial Conduct (1989)c. Provisions of 1987 Constitution (Art VIII, Art XI, Art III)d. New Civil Code (Arts. 9, 27, 739, 1491. 2029, 2032)e. Rules of Court (Rules 71, 135, 137, 139-B, 140)f. Revised Penal Code (Arts. 204, 205, 206, 207)g. Anti-Graft and Corrupt Practices Act (RA 3019)h. Canons of Judicial Ethics (DOJ AO 162, Aug 1, 1946)i. Code of Professional Responsibilityj. Judiciary Act of 1948 (RA 296)k. Supreme Court decisionsl. Foreign decisions which are relevant and persuasivem. Opinions of authoritiesn. Special Laws (RA 910, June 20, 1953)o. Administrative Orders and Supreme Court Circulars

B. New Code of Judicial Conduct (A.M. No. 03-05-01-SC, June 1, 2004)This is based on the 2002 Bangalore Draft, as amended, which was intended to be the Universal Declaration of Judicial Standards applicable in all judiciaries.

This New Code of Judicial conduct supersedes the Canons of Judicial Ethics and the Code of Judicial Conduct, but the latter may still apply in a suppletory character in case of deficiency or absence of provisions in the New Code.

Case:121. Joaquin vs. Javellana, AM RTJ-00-1601, November 13, 2001"..a judge's official conduct and his behavior in the performance of judicial duties should be free from the appearance of impropriety and must be beyond reproach. One who occupies an exalted position in the administration of justice must pay a high price for the honor bestowed upon him, for his private as well as his official conduct must at all times be free from the appearance of impropriety. Because appearance is as important as reality in the performance of judicial functions, like Caesar's wife, a judge must not only be pure but also beyond suspicion. x x x"

1. DEFINITIONS

In this Code, unless the context otherwise permits or requires, the following meanings shall be attributed to the words used:Court staff includes the personal staff of the judge including law clerks.Judge means any person exercising judicial power, however designated.Judges family includes a judges spouse, son, daughter, son-in-law, daughter-inlaw, and any other relative by consanguinity or affinity within the sixth civil degree, or person who is a companion or employee of the judge and who lives in the judges household.

2. Canonsa. Canon 1 IndependenceJudicial independence is a pre-requisite to the rule of law and a fundamental guarantee of a fair trial. A judge shall therefore uphold and exemplify judicial independence in both its individual and institutional aspects.

i. Sec 1 Independent judicial functionii. Sec 2 outside pressureiii. Sec 3 influencing outcome of litigationiv. Sec 4 influence on judicial conductv. Sec 5 independence from executive and legislativevi. Sec 6 independence from society and particular partiesvii. Sec 7 safeguards for judicial independenceviii. Sec 8 promote public confidenceCases:122. Ramirez v.Corpuz-Macandong, AM R-351-RTJ, September 26, 1986123. Libarios v. Dabalos, AM RTJ-89-286, July 11, 1991124. Sabitsana Jr. v. Villamor, AM 90-474, October 4, 1991125. Rivera v. Barro, AM 2003-CTJ, February 28, 1980126. Tan v. Rosete, AM MTJ-04-1563, September 8, 2004127. Salud v. Alumbres, AM RTJ-00-159, June 23, 2003 b. Canon 2 IntegrityIntegrity is essential not only to the proper discharge of the judicial office but also to the personal demeanor of judges.

i. Sec 1 Conduct above reproachii. Sec 2 Reaffirm peoples faithiii. Sec 3 Disciplinary actionCases:128. Anonymous v. Judge Rio C. Achas, MTCC Branch 2, Ozamiz City, Mis Occ, AM MTJ-11-1801, February 27, 2013129. Rallos v. Gako, AM RTJ-98-1484, March 17, 2000130. Manzon v. Judge Perello, AM RTJ-02-1686, May 7, 2004

c. Canon 3 ImpartialityImpartiality is essential to the proper discharge of the judicial office. It applies not only to the decision itself but also to the process by which the decision is made.

i. Sec 1 Judicial duties free from biasii. Sec 2 promote confidence, impartialityiii. Sec 3 minimize instances of disqualificationiv. Sec 4 public comments, pending and impending casev. Sec 5 disqualificationsvi. Sec 6 Remittal of disqualificationsCases:131. Atty. Melvin D.C. Mane v. Judge Belen, AM No. RTJ-0802119, June 30, 2008132. SB of Taguig, MM v. Judge Santiago Estrella, AM 01-1608-RTJ, January 16, 2001133. Parayno v. Menese, GR 112684, April 26, 1994134. Martinez v. Giorenella, GR L-37635, July 22, 1975135. Chavez v. Public Estates Authority, GR 133250, May 6, 2003

d. Canon 4 ProprietyPropriety and the appearance of propriety are essential to the performance of all the activities of a judge.

i. Sec 1 - Avoid impropriety and the appearance of impropriety ii. Sec 2 - Accept personal restrictions; conduct consistent with the dignity of judicial office. iii. Sec 3 - Avoid suspicion or appearance of favoritism or partiality.iv. Sec 4 - Not participate in a case where any family member represents a litigant v. Sec 5 - Not allow lawyers to use residence to receive clients or lawyers vi. Sec 6 - Always conduct themselves to preserve the dignity of the judicial officevii. Sec 7 Be informed personal fiduciary and financial interestsviii. Sec 8 - Not to use or lend the prestige of judicial office to advance their private interestsix. Sec 9 Not to use or disclose confidential information x. Sec 10 - Judges may (a) Write, lecture, teach and participate in activities, (b) Appear at a public hearing before an official body concerned with legal matters, (c) Engage in other allowed activities xi. Sec 11 Not to practice law concurrent with judicial office. xii. Sec 12 - Form or join associations of judgesxiii. Sec 13 - Neither ask for, nor accept, any gift, bequest, loan or favor xiv. Sec 14 Not to knowingly permit court staff or others to ask for, or accept, any gift, bequest, loan or favor xv. Sec 15 May receive token gifts subject to law Cases:136. OCA v. Paderanga, AM RTJ-01-1660, August 25, 2005137. J. King and Sons v. Hontanosas, 438 SCRA 264138. Re: Judge Edmundo Acuna, 464 SCRA 250139. Manansala III v. Asdala, AM RTJ-05-1916, May 10, 2005140. In re: Designation of Judge Rodolfo Manzano, AM 88-7-1861-RTC, October 5, 1988141. Decena ,et al. v. Judge Malanyaon, AM RTJ-10-2217, April 8, 2013142. Dulay v. Lelina, AM RTJ-99-1516, July 14, 2005 e. Canon 5 EqualityEnsuring equality of treatment to all before the courts is essential to the due performance of the judicial office. i. Sec 1 Understand the diversity in societyii. Sec 2 Not to manifest bias or prejudiceiii. Sec 3 Not to differentiateiv. Sec 4 Not to influence staffv. Sec 5 Attitude to parties appearing in courtCases:143. Judge Dojillo, Jr. v. Ching, AM P-06-2245, July 31, 2009144. Panes, Jr. v. Judge Dinopol, RTC, Br 24, Koronadal City, AM OCA-IPI 07-2618-RTJ, February 12, 2013145. Atty. Gloria Lastimosa-Dalawampu v. Judge Yrastorza, AM RTJ-03-1793, 5 February 2004146. Navarro v. Tormis, AM MTJ-00-1937, April 27, 2004147. Mataga v. Rosete, AM MTJ-03-1488, October 13, 2004

f. Canon 6 Competence and DiligenceCompetence and diligence are prerequisites to the due performance of judicial office.

i. Sec 1 Duties take precedenceii. Sec 2 Perform administrative dutiesiii. Sec 3 Maintain professional competenceiv. Sec 4 Be informed about the lawv. Sec 5 Prompt decision makingvi. Sec 6 Maintain order in proceedingsvii. Sec 7 Not to engage in conduct contrary to dutiesCases:148. The Officers and Members of the IBP Baguio-Benguet Chapter, et al v. Pamintuan, AM RTJ-02-1691, January 16, 2004149. OCA v. Judge Villegas, AM RTJ-00-1526, June 3, 2004150. Beso v. Daguman, 323 SCRA 566

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