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GUIDE FOROBSERVING AND EVALUATING

COURT PERFORMANCE



THE INTEGRITY PROJECT

GUIDE FOR

OBSERVING AND EVALUATING

COURT PERFORMANCE

Contracted under Cooperative Agreement 492-A-00-09-00032-00

600 Water Street, SW, Washington, DC 20024, USA Tel: +1.202.484.7170/ Fax: +1.202.488.0754

Disclaimer The views expressed in this publication do not necessarily reflect the views of the United States Agency for

International Development or the United States Government

www.msiworldwide.com



TABLE OF CONTENTS

Preface …………………………………………………………………………… i

How To Use This Booklet ……………………………………………………….. iii

Court Observation and Evaluation

Checklist for Judges and Justices ……………………………………………….. 1

Score Sheet for Judges and Justices …………………………………………….. 20


Checklist for Prosecutors ………………………………………………………… 21

Score Sheet for Prosecutors …………………………………………………….. 43


Checklist for Lawyers …………………………………………………………… 44

Score Sheet for Lawyers ………………………………………………………… 74

Index …………………………………………………………………………….. 75

Observer’s Remarks …………………………………………………………….. 92



i

PREFACE

Management Systems International, Inc. (MSI), a subsidiary of CoffeyInternational, Ltd., and a contractor for USAID, together with Transparency

International (TI) gladly present to the legal community this Guide for Observing and

Evaluating Court Performance. MSI is presently undertaking an Integrity Project (I-

Pro) to devise, propose and implement specific anti-corruption programs in

partnership with anti-graft agencies in the Philippines. Under this project, MSI has

proposed a program to monitor the performance of trial magistrates, prosecutors and

defense lawyers in anti-graft cases, as a specific anti-corruption device to observe and

document the manner in which corruption cases proceed through the trial courts. The

program has a dual purpose: First, to monitor and evaluate the performance of judges,

prosecutors and defense lawyers in the trial of corruption cases, the awareness of

which will spur those being observed to put their best foot forward and therebyenhance the administration of justice. Second, to adopt a legal community-based

monitoring system so that the public can be better informed of how justice is

dispensed, thereby building confidence in the justice system. In preparation for this

program, MSI and TI have jointly sponsored the publication of this booklet.

This booklet is not intended for the layman who has no basic knowledge of the

law and of court procedure. It is meant to be used by members of the Bench and Bar,

law professors and students, the legal community in general, and Non-Governmental

Organizations (NGOs) involved in improving the administration of justice, in

particular.

The booklet contains three checklists: The first is for Judges and Justices; the

second is for Prosecutors; and, the third is for defense lawyers. (Justices of the

Sandiganbayan are both trial and appellate court magistrates under Presidential

Decree 1606, as amended, creating the Anti-Graft Court) Each checklist contains

different headings stating certain qualities (like Integrity or Impartiality) under which

specific acts or norms of conduct are classified. These itemized acts are the standards

by which the conduct and performance of the magistrates, prosecutors and lawyers

being observed could more or less be evaluated. The standards are derived from the

following legal sources:

Code of Judicial Conduct;

Code of Professional Responsibility;

Code of Conduct and Ethical Standards for Public Officials and

Employees (Republic Act 6713);

Rules Implementing Republic Act 6713;

Speedy Trial Act of 1998 (R.A. 8493);

Supreme Court Circular 38-98; and

DOJ Administrative Order No. 162, dated August 12, 1946.

Established doctrines and recent jurisprudence on the subject have also been included.

Each point of conduct is supported by a specific citation. Being comprehensive, the booklet is virtually a manual on judicial and legal ethics.



ii

With very few and unavoidable exceptions, acts constituting felonies and

violations of penal laws have intentionally been excluded for two reasons: first, they

involve elements too technical for observers to understand; and second, they wouldentail criminal investigation or proceedings outside the scope of a court observation.

This booklet can be useful to Non-Governmental Organizations (NGOs) and

other civic groups interested in improving the administration of justice by observing

and monitoring court proceedings, this time being equipped with checklists that can

guide and record their observations. Law schools will likewise find the booklet very

useful in teaching their students in Practice Court and in operating their legal clinic, if

any, on the practical application of the rules on judicial conduct and professional

ethics. The booklet can also be adopted by the Office of the Court Administrator of

the Supreme Court in monitoring the conduct, performance and efficiency of Justices

and Judges in the different lower courts. The favorable results obtained from usingthis booklet collated from observations made by hundreds of court observers from

different walks of life, done in different times and climes, as they pertain to any

individual Justice, Judge, Prosecutor or lawyer, could also be used by the Judicial and

Bar Council (JBC) in screening, selecting and recommending candidates for

promotion in, or appointment to, the Judiciary. More significantly, the booklet can

serve as a tool for self-assessment or professional audit on the part of any

conscientious member of the Bench and Bar. It can remind him of the points of

conduct that he missed, flag him on those where he failed, and reinforce his

confidence on those where he excelled, with a view to self-improvement. This in turn

will make him a better instrument in the administration of justice.

Limited copies of this booklet will be distributed to the Supreme Court, Office

of the Court Administrator, Judicial and Bar Council, Sandiganbayan, Department of

Justice, Office of the Ombudsman and the Special Prosecutor, other government

agencies, the Integrated Bar of the Philippines, some of the leading law schools in the

country, and some NGOs monitoring the progress of corruption cases.

MSI commissioned former Sandiganbayan Justice Cipriano A. del Rosario to

secure and organize the materials for this booklet. Justice Del Rosario’s long

experience of fifty-one years in the legal profession, of which more than fourteen

years were dedicated as an Associate Justice of the Anti-Graft Court, provides the professional expertise and lends credence to this work. MSI acknowledges his

contribution with great appreciation.

As organizations devoted to improving management performance and

transparency worldwide, MSI and TI hope that this Guide for Observing and

Evaluating Court Performance will contribute even in a modest way to promote the

administration of justice in the Philippines.



iii

HOW TO USE THIS BOOKLET

First of all, familiarize yourself with the contents of this booklet. Note that it

contains three different checklists: one for Judges and Justices; another for

Prosecutors; and a third one for defense lawyers. Note further that each checklist has

different headings stating certain qualities (like “Integrity” or “Judicial Competence

and Performance”). Under each heading, the specific acts or norms of conduct to be

observed are classified (like “Does not solicit for charities” under the heading

“Integrity” in the Checklist for Judges and Justices). Once you know these acts or

norms of conduct or at least the heading and the checklist where they can be found, it

will be easy for you to turn to them during the court observation.

To the right of each point of conduct or act to be observed are two (2)columns. The first column pertains to items that you have no knowledge of or had no

opportunity to observe during the court observation. You indicate your lack of

knowledge or lack of opportunity to observe by writing an “X” inside the box under

this column and opposite that particular point of conduct or act after the court

observation.

The second column is where you rate the conduct or performance of the

person being observed on a progressive scale of ten (10). The lowest score starts with

a dismal 1 and the highest score glows with a perfect 10. You indicate your rating by

simply checking inside the box under the numbered sub-column and opposite the

point of conduct you observed. You do the rating during the court observation or

immediately afterwards. For example, if you observed that the Prosecutor has

adequately prepared himself on the law and facts of his case and has presented his

evidence in proper order, turn to the Checklist for Prosecutors, look under the heading

“Professional Competence and Performance”, look for the point of conduct which

reads, “Does not appear for trial unless he has adequately prepared himself on the law

and the facts of his case, xxx” and check inside the box opposite that point under sub-

column 9 or 10, as you wish. Another example: Suppose you observed that the

counsel for the accused came late for trial and was even scolded for it by the Judge,

turn to the Checklist for Lawyers, look under the heading, “Professional Attitude,

Behavior and Demeanor”, look for the point of conduct which says, “Punctuallyappears at Court hearings,” and check inside the box opposite that point under sub-

column 1 (lowest score).

Should you find some difficulty in locating specific points of conduct in the

checklists, use the subject index at the end of this booklet. To make it easy for you to

scan the page where the subject is found, the key words are written in bold letters. In

the index, you will notice that the page or pages where the subject may be found are

prefixed with the letters, “CJ”, “CP” or “CL”. These letters stand for “Checklist for

Judges and Justices”, “Checklist for Prosecutors” or “Checklist for Lawyers”,

respectively. Choose only the page or pages pertaining to the position of the person

being observed. To illustrate: Suppose you observed that the defense lawyer has



iv

been harassing the witness on cross-examination. Look for the subject “harassing a

witness” in the index and you will see that the subject can be found on pages CL-54

and CP-30. Choose page 54 because the person you observed harassing the witness isthe lawyer.

You are not expected to observe all the acts covered by the checklists, but try

to rate the person being observed on as many points of conduct as you can. (If you are

a law student, your own grade will depend on the number of points you were able to

observe because that will demonstrate your resourcefulness in getting at the facts, say,

by going over the records of the case or interviewing court personnel.)

After the court observation, count the number of items about which you had

no knowledge or had no opportunity to observe and write it on the space indicated

inside the box at the bottom of the page. Also count the number of items (not thescore) you were able to observe and write it on the space indicated inside the same

box. Now, add up the scores you gave under the second column and write the result

above the word “SCORE” inside the same box. Do this for every page.

At the end of every heading is a second box. Add up separately the number of

observed and unobserved items written inside the first box on each page and write the

results on the spaces indicated inside this second box. Also add up the scores on each

page and write the result on the space indicated inside this second box. This figure

represents the total score of the person observed on that particular heading or quality

only.

At the end of every checklist is a score sheet. Fill up this score sheet with the

corresponding figures or scores you wrote inside the second boxes. Finally, add them

up to arrive at the total figures (of observed and unobserved items) and total score of

the person observed. Whew, you made it!

Before submitting the booklet to your supervisor, see to it that the forms

provided on pages 1, 21 and 44 of the booklet have been filled up and signed by you.

Do not fill up the space for “Average Rating”. The supervisors will compute the

average rating. If you have any comments, write them under “Observer’s Remarks”

on page 92 of this booklet. Finally, submit the booklet to your supervisor.

The supervisors will afterwards collate and tally the results, using a fair

system of evaluation and computation that they will agree on. They will take into

account, among other things, the weight that should be given each quality or point of

conduct, and the number of points about which you had no knowledge or had no

opportunity to observe in proportion to the number of points you were able to

observe. The results will be summarized and brought to the attention of the proper

authorities for consideration and appropriate action.

Find inner satisfaction with the thought that your participation in the court

observation will contribute in someway, be it ever so small, towards improving theadministration of justice in our country.



1

COURT OBSERVATION AND EVALUATION

CHECKLIST FOR JUDGES AND JUSTICES

Name of Judge/Justice: Hon. ____________________________

Case Title: _______________ Case No. __________________

Court: ___________________ Branch: ____ Division:_______

Province/City: ____________ Date: ____________________

____________

Average Rating(Do not fill up)

Name of Observer: _____________________________ Signature: _____________________

Name of Organization: _________________________________________________________

Name of Supervisor: ____________________________ Initial:_________________________

INTEGRITY

No knowledge

or

No opportunity

to observe

RATING

(on a progressive scale of ten)

1 2 3 4 5 6 7 8 9 10

Symbolizes rectitude and comports himself

in a manner that casts no doubt whatsoeverabout his honesty (Yuson vs. Noel, 227

SCRA 1; 1993)

Does not use or lend the prestige of his

judicial office to advance the private

interests of others. (Rule 2.03, Code ofJudicial Conduct)

Number of points you

had no knowledge of

or had no opportunityto observe ________

Number of

points you

observed

_______ _________

SCORE



2

INTEGRITY

No knowledge

or

No opportunity

to observe

RATING


1 2 3 4 5 6 7 8 9 10

Refuses to accept personally or through anyimmediate member of his/her family, any

gif t, bequest, factor or loan from any one,

except as may be allowed by law. Rule

5,04, Ibid.)

Refrains from serving as executor,

administrator, trustee, guardian or other

fiduciary for the estate, trusts or persons,

except for those of members of his/her

immediate family and only if such service

will not interfere with the proper performance of judicial duties. (Rule 5.06,

Code of Judicial Conduct)

Does not solicit for charities (Par. 24, DOJ

Administrative Order No. 162, dated August

12, 1946)

Refuses to use or disclose any information

acquired in his/her judicial capacity inany financial dealing or for any other

purpose not related to judicial activities(Rule 5.05, Code of Judicial Conduct)

Number of points youhad no knowledge of

or had no opportunity

to observe _________


observed

_______ _________

SCORE

Total number of points you had no

knowledge of or had no opportunityobserve ___________________________________

Total number of points you observed

___________

___________

_____________________

TOTAL SCORE FOR

INTEGRITY



3

IMPARTIALITY

No knowledge

or

No opportunity

to observe

RATING


1 2 3 4 5 6 7 8 9 10

Possesses the cold neutrality of an

impartial judge. (Gutierrez vs. Santos, 112

Phil. 183; 1961)

Does not allow family, social or other

relationships to influence judicial conduct

or judgment (Rule 2.03, Code of JudicialConduct)

Strictly observes merit and qualifications and avoids nepotism and favoritism in the

appointment of commissioners, receivers,

trustees, guardians, administrators andothers (Rule 3.11, Ibid.)

Disqualifies himself/herself and takes no

part in any proceeding where his/herimpartiality might reasonably be questioned

and states the legal reason/s for inhibition

(Rule 3.12, Ibid.)

Inhibits himself from hearing a case only

for just and valid reasons (Barnes vs.

Reyes, 598 SCRA 107; 2009)


had no knowledge ofor had no opportunity

to observe __________

Number of

points youobserved

__________ _________

SCORE



4

IMPARTIALITY

No knowledge

or

No opportunity

to observe

RATING


1 2 3 4 5 6 7 8 9 10

After disclosing on the record the basis ofhis/her disqualification, participates in the

proceeding only after the parties and

lawyers all agree in writing that the reasonfor disqualification is immaterial or

insubstantial and this is incorporated in the

record (Rule 3.13, Ibid.)

Avoids lawyering for one of the parties

by, say, suggesting to a party’s counsel that

the amendment to his complaint should, inthe relief portion, include the claim for

rentals (Tanjuatco vs. Guaco, 582 SCRA

200; 2009)

Acts and behaves in such a manner that the

parties before him should have confidencein his impartiality. (Tan vs. Gallardo, 73

SCRA 306; 1976)


had no knowledge of

or had no opportunityto observe ___________

Number of

points you

observed

___________ __________

SCORE


knowledge of or had no opportunityobserve

___________________________________


___________

___________

_____________________TOTAL SCORE FOR

IMPARTIALITY



5

INDEPENDENCE

No knowledge

or

No opportunity

to observe

RATING


1 2 3 4 5 6 7 8 9 10

Not swayed by partisan interests, public

opinion or fear of criticism. (Rule 3.02,

Code of Judicial Conduct)

Guards against creating the impression that

he/she is affected by the rank, position or

influence of any party (Par. 12, DOJ Adm.Order 162, dated August 12, 1946)

Vigilant against any attempt to subvert the

independence of the judiciary. (Rule 1.03,Ibid.)

Resists any pressure intended to influencethe performance of official functions. (Rule

1.03, Ibid.)





observed

_______ _________

SCORE



___________________________________


___________

____________

_____________________

TOTAL SCORE FOR

INDEPENDENCE



6

JUDICIAL COMPETENCE

AND PERFORMANCE

No knowledge

or

No opportunity

to observe

RATING


1 2 3 4 5 6 7 8 9 10

Maintains professional competence (Rule3.01, Code of Judicial Conduct)

Conversant with basic legal principles and

well-settled doctrines and strives for

excellence (Conducto vs. Monzon, 291

SCRA 619; 1998)

Keeps abreast with developments in

jurisprudence. (Office of the Court

Administrator vs. Mendoza, 240 SCRA 285;2000)

Administers justice without delay (Rule1.02, Code of Judicial Conduct)

Endeavors diligently to ascertain the facts and the applicable law (Rule 3.02, Ibid.)

Maintains order and proper decorum incourt. (Rule 3.03, Ibid.)

Disposes of court business promptly and

decides cases within the required period (Rule 3.05, Ibid.)

Prevents loss of time or clears up obscurity to ascertain the truth during the trial,

without unduly interfering with the proper

presentation of evidence (Rule 3.06, Ibid.)




Number of

points youobserved

_________ __________

SCORE



7

JUDICIAL COMPETENCE

AND PERFORMANCE

No knowledge

or

No opportunity

to observe

RATING


1 2 3 4 5 6 7 8 9 10

Disallows excessive compensation totrustees, administrators, receivers,commissioners, guardians and other

persons appointed by him/her to aid in theadministration of justice (Par. 11, DOJ

Administrative Order No. 162, dated August

12, 1946)

Discourages ex-parte hearing of

applications for injunction and

receivership, except where the necessity for

quick action is clearly shown (Par. 15, Ibid.)

On motions for postponement, endeavorsto hold counsel to a proper appreciation of

their duties to the public, client, adverse

party and his counsel so as to enforce due

diligence in the dispatch of business before the court (Par. 16, Ibid.)

States clearly the facts and the law onwhich his judgment is based. (Valle vs.

Esguerra, 57 SCRA 91; 1974)

Considers all aspects of pretrial i.e., plea

bargaining, stipulation of facts, marking for

identification of evidence, waiver ofobjections to admissibility of evidence and

such other matters as will promote a fair and

expeditious trial (Section 2, R.A. 8493,

Speedy Trial Act of 1998)





observed

__________ __________

SCORE



8

JUDICIAL COMPETENCE

AND PERFORMANCE

No knowledge

or

No opportunity

to observe

RATING


1 2 3 4 5 6 7 8 9 10

Sets cases for continuous trial, afterconsultation with the prosecutor and

counsel, on a weekly or other short-term

trial calendar at the earliest possible time soas to ensure speedy trial (Section 6, Ibid.)

Complies with the requirement that in no

case shall the entire trial period exceed 180days from the first day of trial, except as

otherwise authorized by the Chief Justice

(Section 6, Ibid.)

Holds the arraignment of the accused

within 30 days from the filing of theinformation, or the date the accused has

appeared before him or the court in which

the charge is pending, whichever date lastoccurred (Section 7, Ibid.)

Gives the accused who has pleaded not

guilty at least 15 days to prepare for trial and commences trial within 30 days from

arraignment (Section 7, Ibid.)

Denies motions for continuance or

postponement on the ground of general

congestion of the court’s calendar, lack ofdiligent preparation or failure to obtain

available witnesses on the part of the public

prosecutor (Section 11, 2nd

paragraph, Ibid.)





observed

__________ __________

SCORE



9

JUDICIAL COMPETENCE

AND PERFORMANCE

No knowledge

or

No opportunity

to observe

RATING


1 2 3 4 5 6 7 8 9 10

Punishes any counsel or public prosecutorwho delays trial by committing any of the

acts mentioned under Section 14 of the

Speedy Trial Act with a fine not exceedingP10,000.00 or denying them the right to

practice law before the court for a period not

exceeding thirty days (Section 14, last

paragraph, Ibid.)

Decides cases with dispatch (Office of the

Court Administrator vs. Asali, 588 SCRA

273; 2009)

Pores over all documents wherein heaffixes his signature and gives his official

imprimature, his heavy caseload

notwithstanding (Amante Descallar vs.Ramas, 582 SCRA 22; 2009)

Guards against the simple misconduct of

continuously failing to do anything about

the case, either in terms of deciding it or

clarifying its status with the court or branchto which it belongs (582 SCRA 325; 2009)

Avoids publicity for personal vainglory

(Rule 2.02, Ibid.)

Patient, attentive and courteous to

lawyers (specially the inexperienced),

litigants, witnesses and others appearing before the court. (Rule 3.04, Ibid.)





observed

__________ __________

SCORE



10

JUDICIAL COMPETENCE

AND PERFORMANCE

No knowledge

or

No opportunity

to observe

RATING


1 2 3 4 5 6 7 8 9 10

Avoids a controversial tone in addressingcounsel, litigants or witnesses (Par. 14, DOJ

Adm. Order No. 162, dated August 12m

1946)

Avoids unnecessary display of learning or

a premature judgment. (Par. 14, Ibid.)

Avoids side remarks, hasty conclusions,

loose statements or gratuitous utterances

that give the impression that he has

prejudged the case (Castillo vs. Juan, 62SCRA 124; 1975)

Refrains from resorting to intemperate

language. (Ariosa vs. Tamin, 344 SCRA

589; 2000)

Refrains from bringing out a gun for

everyone present in the court to see for the

purpose of maintaining order and decorumin court, in the absence of overt acts of

aggression by a party before the court(Caneda vs. Menchavez, 580 SCRA 521;2009)





observed

__________ __________

SCORE



11

JUDICIAL COMPETENCE

AND PERFORMANCE

No knowledge

or

No opportunity

to observe

RATING


1 2 3 4 5 6 7 8 9 10

Observes genuine respect for the rights ofall the parties, a thoughtful consideration

before ruling on important questions, and a

zealous regard for the just administration

of the law. (State Prosecutors vs. Muro,

251 SCRA 111; 1995)




Number of

points youobserved

_________ ___________

SCORE

Total number of points you had noknowledge of or had no opportunity

observe ___________________________________


___________

___________

_____________________

TOTAL SCORE FOR

JUDICIAL COMPETENCE

AND PERFORMANCE



12

JUDICIAL ATTITUDE, BEHAVIOR

AND DEMEANOR

No knowledge

or

No opportunity

to observe

RATING


1 2 3 4 5 6 7 8 9 10

Avoids unconsciously falling into theattitude that the litigants are made for the

courts, instead of the courts for the litigants(Rule 3.04, Code of Judicial Conduct)

Behaves to promote public confidence inthe integrity and impartiality of the judiciary

(Rule 2.01, Code of Judicial Conduct)

Maintains a detached attitude from a case

where his decision or order has been

challenged in an appellate court and doesnot waste his time by taking an active part inthe appellate proceedings, unless expressly

directed by the appellate court (Turqueza vs.

Hernando, 97 SCRA 483; 1980)

Exhibits utmost sobriety and self-restraint,

the hallmark of judicial temperament (Inonog vs. Ibay, 594 SCRA 168; 2009)




Number of

points youobserved

_________ _________

SCORE



___________________________________


___________

___________

_____________________

TOTAL SCORE FOR

JUDICIAL ATTITUDE,

BEHAVIOR AND

DEMEANOR



13

ADMINISTRATIVE ABILITY

AND EFFICIENCY

No knowledge

or

No opportunity

to observe

RATING


1 2 3 4 5 6 7 8 9 10

Maintains competence in courtmanagement (Rule 3.08, Code of Judicial

Conduct)

Requires court personnel to restrain

themselves from making public comments

on any pending or impending case. (Rule

3.07, Ibid.))

Discharges his/her administrative

responsibilities diligently (Rule 3.08, Ibid.)

Facilitates the performance of

administrative functions of other judges and court personnel (Rule 3.08, Ibid.)

Organizes and supervises court personnel to ensure the prompt and efficient dispatch

of business (Rule 3.09, Ibid.)

Requires at all times the observance of highstandards of public service and fidelity

(Rule 3.09, Ibid.)

Takes or initiates appropriate disciplinary

measures against lawyers or court

personnel for unprofessional conduct ofwhich he/she may have become aware (Rule

3.10, Ibid.)





observed

_________ _________

SCORE



14


AND EFFICIENCY

No knowledge

or

No opportunity

to observe

RATING


1 2 3 4 5 6 7 8 9 10

Recommends the appointment of courtpersonnel strictly on the basis of merit and

qualifications and avoids nepotism and

favoritism (Rule 3.11, Ibid.)

Strives to be a good leader and manager;

knows himself/herself and his/her

objectives; motivates his/her employees toward creativity, achievement and success;

and creates an atmosphere of cordiality

conducive to industry, dedication and

commitment to excellence (Estoya vs.Abraham-Singson, 237 SCRA l; 1994)

Makes a physical inventory of cases even

as he/she is provided with a court staff and a

branch clerk of court (Concerned Lawyersof Bulacan vs. Villalon-Pornillos, 592

SCRA 36; 2009)

Controls and disciplines his staff and takesresponsibility for their mistakes (Concerned

Lawyers of Bulacan vs. Villalon-Pornillos,592 SCRA 36; 2009)

Does not hide behind the excuse of heavy

caseload to justify his/her failure to decide

or resolve cases promptly (Concerned

Lawyers… vs. Villalon-Pornillos, supra)



to observe. __________


observed

_________ __________

SCORE



15


AND EFFICIENCY

No knowledge

or

No opportunity

to observe

RATING


1 2 3 4 5 6 7 8 9 10

Takes responsibility for his judicialfunction and does not take refuge behind

the inefficiency of court personnel (Land

Bank of the Philippines vs. Pagayatan, 598SCRA 592; 2009

Supervises the court personnel, particularly

those in charge of the docket books; adoptsa system of record management; and,

organizes his docket in order to bolster the

prompt and effective dispatch of business

(Heirs and spouses of Jose and ConcepcionOlorga vs. Beldia, 578 SCRA 191, 2009)




Number of

points youobserved

_________ ___________

SCORE


observe ___________________________________


___________

____________

_____________________

TOTAL SCORE FOR

ADMINISTRATIVE

ABILITY AND EFFICIENCY



16

EXTRAJUDICIAL CONDUCT

No knowledge

or

No opportunity

to observe

RATING


1 2 3 4 5 6 7 8 9 10

Refrains from financial or business deals that tend to reflect adversely on the

impartiality of the court, interfere with the

proper performance of judicial activities orincrease involvement with lawyers or

persons likely to come before the court

(Rule 5.02, Code of Judicial Conduct)

Abstains from making public comments on

any pending or impending case (Rule

3.07, Ibid.)

Engages in extrajudicial activities (like

writing, teaching, sports, art, civic andcharitable activities) only if these do not

interfere with the performance of judicial

duties or detract from the dignity of thecourt (Rule 5.01, Ibid.)

Refrains from serving as officer, director

or manager, advisor or employee of any business, except as director of his/her family

business (Rule 5.03, Ibid.)

Conducts himself at all times with

propriety and is above suspicion not only

in the performance of his judicial duties, butalso in his behavior outside the courtroom

and as an individual (In re: Justice

Demetria, Adm. Case No. 00-09-CA, March

27, 2001)





observed

__________ ___________

SCORE



17


No knowledge

or

No opportunity

to observe

RATING


1 2 3 4 5 6 7 8 9 10

Avoids being inebriated or drunk in publicor during festivities (Lachica va. Flordeliza,

69 SCAD 55; 1996)

Abides by the law and weaves an example

for others to follow (Capco Umali vs.

Acosta Villarente, 597 SCRA 240; 2009)

Refrains from borrowing and using

property which was the subject of a case

previously before him from a litigant who

had pending cases before his sala (Mercadovs. Salcedo, 604 SCRA 4, 2009)

Strives to be not so thin skinned or

sensitive as to feel hurt or offended if a

citizen expresses an honest opinion about

him which may not altogether be flattering

to him (Baculi vs. Belen, 586 SCRA 69;

2009)




Number of

points youobserved

__________ ___________

SCORE


observe ___________________________________


___________

____________

_____________________

TOTAL SCORE FOR

EXTRA JUDICIAL

CONDUCT



18

COMPLIANCE WITH THE

LAW

No knowledge

or

No opportunity

to observe

RATING


1 2 3 4 5 6 7 8 9 10

Desists from engaging in the privatepractice of law (Rule 5.07, Code of

Judicial Conduct)

If engaged in the practice of any other

profession, sees to it that this does not

conflict or tend to conflict with judicial

functions and he/she is not prohibited by theConstitution or by law to engage in such

other profession (Rule 5.07, Ibid.)

Makes full financial disclosure as provided by law (Rule 5.08, Ibid.)

Refrains from accepting appointment or

designation to any agency performing

quasi-judicial or administrative functions (Rule 5.09, Ibid.)

Refrains from making political speeches,

contributing to party funds, publiclyendorsing candidates for political office or

participating in other partisan politicalactivities (Rule 5.10, Ibid.)

Avoids leaking a confidential internal

document of the court, such as theunauthorized release of a ponencia not yet

promulgated (In re: Undated Letter of Mr.

Louis C. Biraogo. Adm. Matter No. 09-2-

19-SC, Feb. 24, 2009; 580 SCRA)





observed

__________ __________

SCORE



19

COMPLIANCE WITH THE

LAW

No knowledge

or

No opportunity

to observe

RATING


1 2 3 4 5 6 7 8 9 10

Studiously avoids the slightest infraction ofthe law to prevent a demoralizing example

to others (Par. 22, DOJ Adm. Order No.

162, supra)

Files his Statement of Assets, Liabilities

and Net Worth in compliance with Section

8, R.A. 6713


had no knowledge of

or had no opportunityto observe __________

Number of

points you

observed

__________ __________

SCORE



___________________________________


___________

____________

_____________________

TOTAL SCORE FOR

COMPLIANCE WITH THE

LAW



20

SCORE SHEET FOR JUDGES AND JUSTICES

JUDICIAL QUALITIES SCORE

INTEGRITY

IMPARTIALITY

INDEPENDENCE

JUDICIAL COMPETENCE AND PERFORMANCE

JUDICIAL ATTITUDE, BEHAVIOR AND DEMEANOR

ADMINISTRATIVE ABILITY AND EFFICIENCY


COMPLIANCE WITH THE LAW

TOTAL SCORE

TOTAL NUMBER OF POINTS OBSERVED

TOTAL NUMBER OF POINTS UNOBSERVED OR UNKNOWN



21


CHECKLIST FOR PROSECUTORS

Name of Prosecutor: Hon. ______________________________

Case Title: __________________ Case No. ________________

Court: _____________________ Branch: ____ Division:_____

Province/City: ______________ Date: __________________

____________

Average Rating(Do not fill up)

Name of Observer: _____________________________ Signature: ______________________

Name of Organization: __________________________________________________________

Name of Supervisor: _____________________________ Initial:_________________________

INTEGRITY No knowledge or

No opportunity to

observe

RATING(on a progressive

scale of ten)

1 2 3 4 5 6 7 8 9 10

Does not suppress facts or conceal

witnesses capable of establishing the

innocence of the accused (Rule 6.01,Canon 6, Code of Professional

Responsibility)



to observe ________


observed

_______ _________

SCORE



22


No opportunity to

observe


scale of ten)

1 2 3 4 5 6 7 8 9 10

Does not use his public position to

promote or advance his private interest,

nor does he allow his private interest to

interfere with his public duties (Rule6.02, Canon 6, Ibid.

Upholds at all times the integrity and

dignity of the legal profession and

supports the activities of the Integrated

Bar (Canon 7, Code of ProfessionalResponsibility)

Does not knowingly make a false

statement or suppress a material fact in

connection with his application for

admission to the bar (Rule 7.01, Canon

7, Ibid.)

Does not do any falsehood, nor consent

to the doing of any in Court (Rule 10.01,Canon 10, Ibid.)

Does not knowingly assist a witness to

misrepresent himself or to impersonate

another (Rule 12.06, Canon 12, Ibid.)


had no knowledge of


Number of

points you

observed

_______ _________

SCORE



23


No opportunity to

observe


scale of ten)

1 2 3 4 5 6 7 8 9 10

Always upholds the public interest over

and above his personal interest. (Section

4[A][a], Code of Conduct and Ethical

Standards for Public Officials andEmployees, R.A. 6713)

Avoids having directly or indirectly any

financial or material interest in any

transaction requiring the approval of his

office (Section 7[a], R.A. 6713)

Does not own, control or manage any

private enterprise regulated, supervisedor licensed by his office, unless expressly

authorized by law (Section 7[b][1], R.A.

6713)

Refrains from accepting employment as

officer, employee, consultant, counsel,

broker, agent, trustee or nominee in any

private enterprise regulated, supervised

or licensed by his office, unless expressly

authorized by law (Section 7[b][1], R.A.6713)

Avoids recommending any person to

any position in a private enterprise which has a regular or pending official

transaction with his office (Section

7[b][3], R.A. 6713)


had no knowledge of


Number of

points you

observed

_______ _________

SCORE



24


No opportunity to

observe


scale of ten)

1 2 3 4 5 6 7 8 9 10

Does not solicit or accept, directly or

indirectly, any gift, gratuity, favor,

entertainment, loan or anything of

monetary value from any person in thecourse of his official duties or in

connection with any operation being

regulated by, or any transaction whichmay be affected by the functions of his

office (Section 7[d], R.A. 6713)



to observe ________

Number of

points youobserved

________ _________

SCORE



_________________________________


___________

____________

_____________________

TOTAL SCORE FOR

INTEGRITY



25

IMPARTIALITYNo knowledge or

No opportunity to

observe


scale of ten)

1 2 3 4 5 6 7 8 9 10

Acts with justness and sincerity and

does not discriminate against anyone,

specially the poor and the

underprivileged (Section 4[A][c], R.A.6713)

Does not dispense or extend undue

favors on account of their office to his

relatives, whether by affinity or

consanguinity. Exception:

Appointments of relatives to positions

considered strictly confidential or as

members of his personal staff whoseterms are coterminous with his (Section

4[A][c], R.A. 6713)

Provides service to everyone withoutunfair discrimination and regardless of

party affiliation or preference (Section

4[A][d], R.A. 6713


had no knowledge of


Number of

points you

observed

________ _________

SCORE



26

IMPARTIALITY No knowledge or

No opportunity to

observe


scale of ten)

1 2 3 4 5 6 7 8 9 10

Avoids conflict of interest in his role as a

public officer by not being a member of

the board, an officer or a substantial

stockholder of a private corporation or a partner in a partnership, where the interest

of such corporation or partnership or his

rights and duties therein may be opposedto or affected by the faithful performance

of his official duty (Section 3[i] and

Section 9, R.A. 6713)

Does not own or has no substantial

interest in a business where the interestof such business may be opposed to or

affected by the faithful performance of his

official duty (Section 3[i], R.A. 6713)



to observe ________

Number of

points youobserved

________ _________

SCORE



_________________________________


___________

____________

_____________________

TOTAL SCORE FOR

IMPARTIALITY



27

INDEPENDENCENo knowledge or

No opportunity to

observe


scale of ten)

1 2 3 4 5 6 7 8 9 10

Does not brook or invite interference by

another branch or agency of the

government in the normal course of

judicial proceedings (Rule 13.03, Canon13, Ibid.)

Endeavors to maintain and defendPhilippine sovereignty against foreign

intrusion (Section 4[A][f], R.A. 6713

Puts loyalty to country above loyalty to

persons or party (Section 4[A][g], R.A.

6713)



to observe ________

Number of

points youobserved

_________ _________

SCORE



_________________________________


___________

____________

_____________________

TOTAL SCORE FOR

INDEPENDENCE



28

PREOFESSIONAL COMPETENCE

AND PERFORMANCENo knowledge or

No opportunity to

observe


scale of ten)

1 2 3 4 5 6 7 8 9 10

Does not mislead or allow the Court to

be misled by any artifice (Rule 10.01,

Canon 10, Code of Professional

Responsibility)

Does not knowingly misquote or

misrepresent the contents of any paper,the language or the argument of opposing

counsel, or the text of a decision or

authority (Rule 10.02, Canon 10, Ibid.)

Does not knowingly cite as law a

provision already rendered inoperative by

repeal or amendment (Rule 10.02,

Canon 10, Ibid.)

Does not knowingly assert as a fact thatwhich has not been proven (Rule 10.02,

Canon 10, Ibid.)

Observes the rules of procedure and

does not misuse them to defeat the ends

of justice (Rule 10.03, Canon 10, Ibid.)

Does not attribute to a Judge motives not

supported by the record or have no

materiality to the case (Rule 11.04,Canon 11, Ibid.)


had no knowledge of


Number of

points you

observed

_______ _________

SCORE



29

PROFESSIONAL COMPETENCE


No opportunity to

observe

RATING

(on a progressive

scale of ten)

1 2 3 4 5 6 7 8 9 10

Exerts every effort and considers it his

duty to assist in the speedy and efficient

administration of justice (Canon 12,Ibid.)

Does not appear for trial unless he hasadequately prepared himself on the law

and the facts of his case, the evidence he

will adduce and the order of its preferences (Rule 12.01, Canon 12,

Ibid.)

Always ready with the original

documents for comparison with the

copies (Rule 12.01, Canon 12, Ibid.)

Does not file multiple actions arising

from the same cause (Rule 12.02, Canon

12, Ibid.)

Does not, after obtaining extensions of

time to file pleadings, memoranda or briefs, let the period lapse without

submitting the same or offering an

explanation for his failure to do so (Rule

12.03, Canon 12, Ibid.)


had no knowledge of


Number of

points you

observed

________ _________

SCORE



30



No opportunity to

observe


scale of ten)

1 2 3 4 5 6 7 8 9 10

Does not unduly delay a case, impede

the execution of a judgment or misuse

Court processes (Rule 12.04, Canon 12,Ibid.)

Does not abuse, browbeat or harass awitness nor needlessly inconvenience him

(Rule 12.07, Canon 12, Ibid.)

Discharges his duties with the highestdegree of excellence, professionalism,

intelligence and skill, with utmost

devotion and dedication to duty (Section4[A][b], R.A. 6713)

Does not allow a case to be set for trial when a necessary witness would not be

available for trial (Section 13[a],

Supreme Court Circular No. 38-98,Implementing the Speedy Trial Act)

Avoids filing a motion solely for

purposes of delay which he knows istotally frivolous and without merit

(Section 13[b], Supreme Court Circular

No. 38-98)



to observe ________

Number of

points youobserved

________ _________

SCORE



31



No opportunity to

observe


scale of ten)

1 2 3 4 5 6 7 8 9 10

Does not knowingly make a false

statement material to the granting of a

continuance for the purpose of obtaining

such a continuance (Section 13[c],Supreme Court Circular No. 38-98)

Does not fail to proceed to trial unlessthere is a valid justification (Section

3[d], Supreme Court Circular No. 38-98)

More conscientious in the performance

of his duties as he is subject to public

scrutiny (Cheng vs. Sy, 593 SCRA 155,

2009)


had no knowledge of


Number of

points you

observed

________ _________

SCORE


knowledge of or had no opportunity

observe _________________________________


___________

____________

_____________________

TOTAL SCORE FOR

PROFESSIONAL

COMPETENCE AND

PERFORMANCE



32

PROFESSIONAL ATTITUDE,

BEHAVIOR AND DEMEANORNo knowledge or

No opportunity to

observe


scale of ten)

1 2 3 4 5 6 7 8 9 10

Keeps in mind that his primary duty as a

prosecutor is not to convict but to see that

justice is done (Rule 6.01, Canon 6,Code of Professional Responsibility)

Conducts himself with courtesy, fairness

and candor towards his professional

colleagues and avoids harassing tactics

against opposing counsel (Canon 8, Ibid.)

Does not, in his professional dealings, use

language which is abusive, offensive or

otherwise improper (Rule 8.01, Canon8, Ibid.)

Owes candor, fairness and good faith to

the Court (Canon 10, Ibid.)

Observes and maintains the respect due

to the Courts and to judicial officers

and insists on similar conduct by others(Canon11, Ibid.)

Appears in Court properly attired (Rule

11.01, Canon 11, Ibid.)



to observe. ________

Number of

points youobserved

________ _________

SCORE



33



No opportunity to

observe


scale of ten)

1 2 3 4 5 6 7 8 9 10

Does not engage in conduct that

adversely reflects on his fitness to

practice law or behave, whether in public or private life, in a scandalous

manner to the discredit of the legal

profession (Rule 7.03, Canon 7, Ibid.)

Punctually appears at Court hearings


Refrains from talking to his witness

during a break or recess in the trial, while

the witness is still under examination(Rule 12.05, Canon 12, Ibid.)

Relies upon the merits of his cause andrefrains from any impropriety which

tends to influence, or gives the

appearance of influencing the Court (Canon 13, Ibid.)

Discourages the wrong perception that

public officials and employees are

dispensers or peddlers of undue

patronage (Section 4[A][b[, R.A. 6713)



to observe. ________

Number of

points youobserved

________ _________

SCORE



34



No opportunity to

observe


scale of ten)

1 2 3 4 5 6 7 8 9 10

Respects the rights of others at all times

(Section 4[A][c], R.A. 6713)

Encourages appreciation and pride of

country and people (Section 4[A][f],

R.A. 6713)



to observe ________


observed

________ _________

SCORE



_________________________________


___________

____________

_____________________

TOTAL SCORE FOR

PROFESSIONAL

ATTITUDE, BEHAVIOR

AND DEMEANOR



35

ADMINISTRATIVE ABILITY AND

EFFICIENCYNo knowledge or

No opportunity to

observe


scale of ten)

1 2 3 4 5 6 7 8 9 10

Employs and uses government

resources and powers efficiently,

effectively, honestly and economically toavoid wastage in public funds and

revenues (Section 4[A][a], R.A. 6713)

Extends prompt, courteous and

adequate service to the public (Section

4[A][e], R.A. 6713)

Provides information on the policies

and procedures of his office in clear and

understandable language and ensures

openness of public information,consultations and hearings (Section

4[A][e], R.A. 6713)

Encourages suggestions, simplifies and

systemizes policy, rules and procedure,and avoids red tape (Section 4[A][e],

R.A. 6713)

Maintains the principle of public

accountability (Section 4[A][g], R.A.

6713)



to observe ________

Number of

points youobserved

________ _________

SCORE



36



No opportunity to

observe


scale of ten)

1 2 3 4 5 6 7 8 9 10

Promptly acts on or responds to letters,

telegrams or other means of

communications sent by the public within fifteen working days from receiptof such communications and includes in

his reply the action taken on the request

(Section 5[a], R.A. 6713)

If he is the head or a responsible officer

of any government agency, office orgovernment owned or controlled

corporation, he renders a performance

report of his agency, office orcorporation within forty-five working

days from the end of the year and makes

that report open and available to the

public (Section 5[b], R.A. 6713)

Sees to it that all official papers and

documents are processed and

completed within a reasonable time from

the preparation thereof (Section 5[c],

R.A. 6713)

Also sees to it that official papers and

documents must contain as far as

practicable, not more than three

authorized signatories and that in the

absence of the signatories, the officer

next-in-rank or the officer in charge signsfor them (Section 5[c], R.A. 6713)


had no knowledge of


Number of

points you

observed

________ _________

SCORE



37



No opportunity to

observe


scale of ten)

1 2 3 4 5 6 7 8 9 10

Acts promptly and expeditiously or

attends immediately to anyone who

personally wants to avail himself of the

services of his office (Section 5[d], R.A.6713)

Makes all public documents accessibleto, and readily available for inspection

by, the public within reasonable working

hours (Section 5[e], R.A. 6713)

Utilizes public funds and property for

official use with the diligence of a good

father of a family (Section 8, Rule VI,

Rules Implementing the Code of Conduct

and Ethical Standards)



to observe ________


observed

________ _________

SCORE


observe

_________________________________


___________

____________

_____________________

TOTAL SCORE FOR

ADMINISTRATIVE

ABILITY AND EFFICIENCY



38

EXTRAJUDICIAL CONDUCTNo knowledge or

No opportunity to

observe


scale of ten)

1 2 3 4 5 6 7 8 9 10

Does not extend extraordinary attention

or hospitality to, nor seek opportunity for

cultivating familiarity with Judges


Refrains from making public statements

in the media regarding a pending casetending to arouse public opinion for or

against a party (Rule 13.02, Canon 13,

Ibid.)

Supports efforts to achieve high

standards in law schools as well as inthe practical training of law students

(Canon 5, Ibid.)

Assists in disseminating information regarding law and jurisprudence

(Canon 5, Ibid.)

Refrains from doing acts contrary to

law, good morals, good customs, public

policy, public order, public safety and

public interest (Section 4[A][c], R.A.

6713)

Commits himself to the democratic way

of life and values (Section 4[A][g], R.A.

6713)


had no knowledge of


Number of

points you

observed

________ _________

SCORE



39

EXTRAJUDICIAL CONDUCTNo knowledge or

No opportunity to

observe


scale of ten)

1 2 3 4 5 6 7 8 9 10

Develops an understanding and

appreciation of the socio-economic

conditions prevailing in the country,

specially in the depressed rural and

urban areas (Section 4[A][e], R.A.

6713)

Leads a modest life appropriate to his

position and income (Section 4[A][h],

R.A. 6713)



to observe ________


observed

________ _________

SCORE


observe

_________________________________


___________

____________

_____________________

TOTAL SCORE FOR

EXTRAJUDICIAL

CONDUCT



40

COMPLIANCE WITH

PROFESSIONAL DUTY

AND THE LAW

No knowledge or

No opportunity to

observe


scale of ten)

1 2 3 4 5 6 7 8 9 10

Does not, after leaving government

service, accept engagement or

employment in connection with anymatter in which he had intervened while

in said service (Rule 6.03, Canon 6, Ibid.)

Does not support the application for

admission to the bar of any person

known by him to be unqualified in

respect to character, education or otherrelevant attribute (Rule 7.02, Canon 7,

Ibid.)

Submits grievances against a Judge

only to the proper authorities (Rule 11.05

Canon 11, Ibid.)

Participates in continuing legal

programs (Canon 5, Ibid.)

Maintains loyalty to the Republic and tothe Filipino people at all times (Section

4[A][f], R.A. 6713)

Promotes the use of locally-produced

goods, resources and technology(Section 4[A][f], R.A. 6713)

Manifests by deeds the supremacy of

civilian authority over the military

(Section 4[A][g[, R.A. 6713)



to observe ________

Number of

points youobserved

________ _________

SCORE



41

COMPLIANCE WITH

PROFESSIONAL DUTY

AND THE LAW

No knowledge or

No opportunity to

observe


scale of ten)

1 2 3 4 5 6 7 8 9 10

Upholds the Constitution (Section

4[A][g], R.A. 6713)

Does not indulge in extravagant or

ostentatious display of wealth in any

form (Section 4[A][h], R.A. 6713)

Does not use or divulge confidential or

classified information, officially known

to him by reason of his office, and notmade available to the public, to further

his interest, give undue advantage to

anyone, or to prejudice public interest(Section 7[c], R.A. 6713)

Has filed his Statement of Assets,

Liabilities and Net Worth, including

those of his spouse and unmarried

children under eighteen years of ageliving in his household for the current

year. (Section 8, R.A. 6713)

Has executed a document authorizing theOmbudsman to obtain from all

government agencies, including the

Bureau of Internal Revenue, suchdocuments as may show his assets,

liabilities and net worth, business and

financial connections in previous years(Section 8[A], 3

rd par., R.A. 6713)



to observe ________

Number of

points youobserved

________ _________

SCORE



42

COMPLIANCE WITH

PROFESSIONAL DUTY

AND THE LAW

No knowledge or

No opportunity to

observe


scale of ten)

1 2 3 4 5 6 7 8 9 10

Has identified and disclosed his relatives

in the government in the form, manner

and frequency prescribed by the CivilService Commission (Section 8[B], R.A.

6713)

Engages in the private practice of law

only under the following conditions:

First, the private practice is authorized by

the Constitution or by the law; and,Second, the practice will not conflict, or

tend to conflict, with his/her official

functions as a public official or employee(Query of Atty. Karen Silverio-Buffe

xxx, 596 SCRA 378; 2009)



to observe ________

Number of

points youobserved

________ _________

SCORE



observe _________________________________


___________

____________

_____________________

TOTAL SCORE FOR

COMPLIANCE WITH

PROFESSIONAL DUTY AND

THE LAW



43

SCORE SHEET FOR PROSECUTORS

PROFESSIONAL QUALITIES SCORE

INTEGRITY

IMPARTIALITY

INDEPENDENCE

PROFESSIONAL COMPETENCE AND PERFORMANCE

PROFESSIONAL ATTITUDE, BEHAVIOR AND DEMEANOR



COMPLIANCE WITH THE LAW AND PROFESSIONAL DUTY

TOTAL SCORE





44


CHECKLIST FOR LAWYERS

Name of Lawyer: Atty. ________________________________

Case Title: ________________ Case No. __________________

Court: ____________________ Branch: ____ Division:_______

Province/City: ____________ Date: ____________________

____________

Average Rating

(Do not fill up)

Name of Observer: ___________________________ Signature: ________________________

Name of Organization: __________________________________________________________

Name of Supervisor: __________________________ Initial:___________________________

INTEGRITY

No knowledge

or No

opportunity to

observe

RATING(on a progressive scale of ten)

1 2 3 4 5 6 7 8 9 10

Does not engage in unlawful, dishonest,

immoral or deceitful conduct (Rule 1.01,Canon 1, Code of Professional

Responsibility)

Does not do any falsehood, nor consent to

the doing of any in Court (Rule 10.01,

Canon 10, Ibid.)





observed

_________ _________

SCORE



45

INTEGRITY

No knowledge

or No

opportunity to

observe

RATING


1 2 3 4 5 6 7 8 9 10

Does not counsel or abet activities aimed at

defiance of the law or at lessening

confidence in the legal system (Rule 1.02,

Canon 1, Ibid.)

Does not, for any corrupt motive or

interest, encourage any suit or proceeding or delay any man’s cause (Rule 1.03,

Canon 1, Ibid.)

Upholds at all times the integrity and

dignity of the legal profession and supports

the activities of the Integrated Bar (Canon7, Code of Professional Responsibility)

Does not knowingly make a false statement

or suppress a material fact in connectionwith his application for admission to the

bar (Rule 7.01, Canon 7, Ibid.)

Relies upon the merits of his cause and

refrains from any impropriety which tends

to influence, or gives the appearance of

influencing the Court (Canon 13, Ibid.)

Does not extend extraordinary attention or

hospitality to, nor seek opportunity forcultivating familiarity with Judges (Rule

13.01, Canon 13, Ibid.)


had no knowledge of


Number of

points you

observed

__________ _________

SCORE



46

INTEGRITY

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Does not state or imply that he is able to

influence any public official, tribunal or

legislative body (Rule 15.06. Canon 15,

Ibid.)

Impresses upon his client compliance with

the laws and principles of fairness (Rule

15.07, Canon 15, Ibid.)

Makes clear to his client whether he is

acting as a lawyer or in another capacity if he is engaged in another profession or

occupation concurrently with the practice of

law (Rule 15.08, Canon 15, Ibid.)

Owes fidelity to the cause of his client and

is mindful of the trust and confidence

reposed in him (Canon 17, Ibid.)

Represents his client with zeal within the

bounds of the law (Canon 19, Ibid.)


had no knowledge of

or had no opportunityto observe. ________

Number of

points you

observed

________ _________

SCORE



47

INTEGRITY

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Does not, to the disadvantage of his client,use information acquired in the course of

employment, or use the same to his own

advantage or that of a third person, unless

the client, with full knowledge of thecircumstances, consents thereto (Rule

21.02, Canon 21, Ibid.)

Does not, without the written consent of his

client, give information from his files to an

outside agency seeking such information forauditing, statistical, bookkeeping,

accounting, data processing, or similar

purpose (Rule 21.03, Canon 21, Ibid.)

Promptly accounts for all the funds

received from, or held by him for, the

client, mindful of the fact that his lien for his attorney’s fees on the money in his

hands collected for his client, does not

relieve him from the obligation to make a prompt accounting. (Yu vs. Tajanlangit,

580 SCRA 1; 2009)

Avoids using a check which is drawn

against insufficient funds, as this

constitutes deceitful conduct or conduct

unbecoming of an officer of the court.(Santos-Tan vs. Robiso, 582 SCRA 556;

2009)


had no knowledge of


to observe ________

Number of

points you

observed

________ _________

SCORE



48

INTEGRITY

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Acts and comports himself in a manner that promotes public confidence in the integrity

of the legal profession, which confidence

may be eroded by the irresponsible and

improper conduct of a member of the bar.(Foodsphere, Inc. vs. Mauricio, Jr., 593

SCRA 367; 2009)




Number of

points youobserved

_________ __________

SCORE



___________________________________


___________

____________

_____________________

TOTAL SCORE FOR

INTEGRITY



49

IMPARTIALITY

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Does not decline to represent a person because of his own opinion regarding the

guilt of that person (Rule 14.01. Canon 14,

Code of Professional Responsibility)

Acts as a mediator, conciliator or arbitrator

in settling disputes with the written consentof all concerned (Rule 15.04, Canon 15,

Ibid.)

Gives proper advice and assistance,

without fear or favor, to those seeking relief

against unfaithful or neglectful counsel (Rule 8.02, Canon 8, Ibid)




Number of

points youobserved

________ _________

SCORE



50

IMPARTIALITY

No knowledge

or No

opportunity to

observe

RATING


1 2 3 4 5 6 7 8 9 10

Does not decline to represent a person solely

on account of race, sex, creed or status of

life of that person (Rule 14.01, Canon 14,Ibid.)




Number of

points youobserved

________ _________

SCORE



___________________________________


___________

____________

_____________________

TOTAL SCORE FOR

IMPARTIALITY



51

INDEPENDENCE

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Does not allow his client to dictate the

procedure on handling the case (Rule 19.03,

Canon 19, Ibid.)

Does not brook or invite interference by

another branch or agency of the

government in the normal course of judicial

proceedings (Rule 13.03, Canon 13, Code ofProfessional Responsibility)

Makes his legal services available in anefficient and convenient manner compatible

with the independence, integrity and

effectiveness of the profession (Canon 2,Ibid.)




Number of

points youobserved

________ _________

SCORE



_____________________________________


__________

___________

_____________________

TOTAL SCORE FOR

INDEPENDENCE



52


AND PERFORMANCE

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Does not appear for trial unless he hasadequately prepared himself on the law and

the facts of his case, the evidence he will

adduce and the order of its preferences (Rule12.01, Canon 12, Ibid.)

Keeps abreast of legal developments (Canon5, Code of Professional Responsibility)

Conducts himself with courtesy, fairness and

candor towards his professional colleaguesand avoid harassing tactics against opposing

counsel (Canon 8, Ibid.)

Does not, in his professional dealings, use

language which is abusive, offensive or

otherwise improper (Rule 8.01, Canon 8,Ibid.)

Does not delegate to any unqualified person the performance of any task which by law

may only be performed by a member of theBar in good standing (Rule 9.01, Canon 9,

Ibid.)

Does not mislead or allow the Court to be

misled by any artifice (Rule 10.01, Canon 10,Ibid.)




Number of

points youobserved

________ _________

SCORE



53


AND PERFORMANCE

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Does not knowingly misquote or

misrepresent the contents of any paper, the

language or the argument of opposing

counsel, or the text of a decision or authority(Rule 10.02, Canon 10, Ibid.)

Does not knowingly cite as law a provision already rendered inoperative by repeal or

amendment (Rule 10.02, Canon 10, Ibid.)

Does not knowingly assert as a fact thatwhich has not been proven (Rule 10.02,

Canon 10, Ibid.)

Observes the rules of procedure and does not

misuse them to defeat the ends of justice (Rule

10.03, Canon 10, Ibid.)

Appears in Court properly attired (Rule

11.01, Canon 11, Ibid.)

Punctually appears at Court hearings (Rule11.02, Canon 11, Ibid.)

Does not attribute to a Judge motives not

supported by the record or have no materiality

to the case (Rule 11.04, Canon 11, Ibid.)




Number of

points youobserved

_________ _________

SCORE



54


AND PERFORMANCE

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Always ready with the original documents forcomparison with the copies (Rule 12.01,

Canon 12, Ibid.)

Does not file multiple actions arising from the

same cause (Rule 12.02, Canon 12, Ibid.)

Does not, after obtaining extensions of time to

file pleadings, memoranda or briefs, let the

period lapse without submitting the same or

offering an explanation for his failure to do so(Rule 12.03, Canon 12, Ibid.)

Does not unduly delay a case, impede the

execution of a judgment or misuse Court

processes (Rule 12.04, Canon 12, Ibid.)

Refrains from talking to his witness during a

break or recess in the trial, while the witness is

still under examination (Rule 12.05, Canon 12,Ibid.)

Does not knowingly assist a witness to

misrepresent himself or to impersonateanother (Rule 12.06, Canon 12, Ibid.)

Does not abuse, browbeat or harass a

witness nor needlessly inconvenience him




to observe ___________

Number of

points youobserved

________ _________

SCORE



55


AND PERFORMANCE

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Avoids testifying in behalf of his client,except on formal matters (such as mailing,

authentication or custody of an instrument and

the like), or on substantial matters, in caseswhere his testimony is essential to the ends of

justice (Rule 12.08, Canon 12, Ibid.)

Entrusts the trial of the case to another

lawyer during his testimony, in the event that

he testifies on substantial matters for his client

as excepted above (Rule 12.08, Canon 12,Ibid.)

Serves his client with competence and

diligence (Canon 18, Ibid.)

Does not undertake a legal service which heknows or should know that he is not qualified

to render (Rule 18.01, Canon 18, Ibid.)

Undertakes to render legal service which he is

not qualified to give only if, with the consentof his client, he can obtain as collaborating

counsel a lawyer who is competent on thematter (Rule 18.01, Canon 18, Ibid.)

Does not handle any legal matter without

adequate preparation (Rule 18.02, Canon 18,

Ibid.)

Does not neglect a legal matter entrusted to

him (Rule 18.03, Canon 18, Ibid.)




Number of

points youobserved

________ _________

SCORE



56


AND PERFORMANCE

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Does not present, participate in presenting orthreaten to present unfounded criminal

charges to obtain an improper advantage in

any case or proceeding (Rule 19.01, Canon 19,Ibid.)

Promptly calls upon the client to rectify a

fraud perpetrated by his client upon a person

or tribunal, in the course of the representation


Terminates his relationship with the client in

accordance with the Rules of Court if the latter

fails to rectify said fraud (Rule 19.02, Canon19, Ibid.)

Does not reveal the confidences or secrets of

his client except:

a. When authorized by the client afteracquainting him of the

consequences of the disclosure; b.

When required by law; and,

c. When necessary to collect his

fees or to defend himself, his

employees or associates or by

judicial action (Rule 21.01, Canon21, Ibid.)


had no knowledge of


Number of

points you

observed

________ _________

SCORE



57


AND PERFORMANCE

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

May disclose, unless prohibited by the client,the affairs of a client of the firm to partners

or associates thereof (Rule 21.04, Canon 21,

Ibid.)

Withdraws his services only for good cause

and upon notice appropriate in thecircumstances (Canon 22, Ibid.) (Note:

Grounds constituting good cause are

enumerated under Rule 22.01, Canon 22,

Ibid.).

Gives his full attention, diligence, skill and

competence to the case of his client,regardless of its importance and whether he

accepts it for a fee or for free (Plus Builders,

Inc. vs. Revilla, Jr., 578 SCRA 431, 2009)

Employs every honorable means to secure for

his client what is justly due the client or

presents every possible defense provided by

law to enable the client’s cause to succeed(Plus Builders, Inc. vs. Revilla, 578 SCRA

431, 2009)

Avoids buck-passing by attributing to the

handling attorney his failure to file the appeal brief (Bachrach Corporation vs. Philippine

Ports Authority, 580 SCRA 659, 2009)




Number of

points youobserved

________ _________

SCORE



58


AND PERFORMANCE

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Does not take undue advantage of the non-

appearance of opposing party at pretrial by

invoking the right to speedy trial when there is

no intention on the part of opposing counsel todelay the case, bearing in mind that the rules

should be liberally construed to assist the

parties not only to obtain speedy, but moreimportantly, just and inexpensive

determination of every action and proceeding

(Anson Trade Center, Inc. vs. Pacific Banking

Corporation, 581 SCRA 751, 2009)

Properly represents his client in court, attend

scheduled hearings, prepares and filesrequired pleadings, prosecutes the cases

entrusted to his care with reasonable dispatch,

and urges their termination without waitingfor his client or the court to prod him to do so

(Overgaard vs. Valdez, 582 SCRA 567, 2009)

Does not simply disappear and abandon his

client on the convenient excuse that he had tomake himself scarce due to threats to his life

and safety (Overgaard vs. Valdez, 582 SCRA567, 2009)




Number of

points youobserved

_________ _________

SCORE



59


AND PERFORMANCE

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Refrains from using offensive and abusive

language (Language abounds with countless

possibilities for one to be emphatic but

respectful, convincing but not derogatory,illuminating but not offensive.) (Foodsphere,

Inc. vs. Mauricio, Jr., 593 SCRA 367, 2009)





observed

_________ _________

SCORE



_____________________________________


__________

___________

_____________________

TOTAL SCORE FOR

PROFESSIONAL

COMPETENCE AND

PERFORMANCE



60


BEHAVIOR AND DEMEANOR

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Does not engage in conduct that adverselyreflects on his fitness to practice law or

behave, whether in public or private life, in a

scandalous manner to the discredit of the legal

profession (Rule 7.03, Canon 7, Ibid.)

Owes candor, fairness and good faith to the

Court (Canon 10, Ibid.)

Observes and maintains the respect due to the

Courts and to judicial officers and shouldinsist on similar conduct by others (Canon 11,

Ibid.)

Owes full devotion to the interest of his

client, warm zeal in the maintenance and

defense of his client’s rights and the exertion

of his utmost learning, skill and ability toensure that nothing shall be taken or withheld

from his client, save by the rules of law legally

applied (Belleza vs. Macasa, 593 SCRA 549,2009)


had no knowledge of


Number of

points you

observed

_________ _________

SCORE


observe

_____________________________________


__________

___________

_____________________

TOTAL SCORE FOR

PROFESSIONAL

ATTITUDE, BEHAVIOR

AND DEMEANOR



61


AND EFFICIENCY

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Holds in trust all moneys and properties of

his client that may come in his possession

(Canon 16, Ibid.)

Accounts for all money or property collectedor received for or from the client (Rule 16.01,

Canon 16, Ibid.)

Keeps the funds of each client separate and

apart from his own and those of others kept by

him (Rule 16.02, Canon 16, Ibid.)

Delivers the funds and property of his client

when due or upon demand (Rule 16.03, Canon16, Ibid.)

Promptly gives notice to his client of his lien

when he applies so much of the funds of hisclient to satisfy his lawful fees and

disbursements (Rule 16.03, Canon 16, Ibid.)

Does not borrow money from his client

unless the client’s interests are fully protected

by the nature of the case or by independentadvice (Rule 16.04, Canon 16, Ibid.)


had no knowledge of


Number of

points you

observed

________ _________

SCORE



62


AND EFFICIENCY

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Does not lend money to his client except,when in the interest of justice, he has to

advance necessary expenses in a legal matter

he is handling for the client (Rule 16.04,

Canon 16, Ibid.)

Keeps the client informed of the status of his

case and responds within a reasonable time tothe client’s request for information (Rule

18.04, Canon 18, Ibid.)

Charges only fair and reasonable fees Canon

20, Ibid.)

Determines his fees guided by the following

factors:

a) Time spent and the extent of the

services;

b) Novelty and difficulty of the

questions involved;

c)

Importance of the subject matter;

d) Skill demanded;e) Probability of losing other

employment;


had no knowledge of


Number of

points you

observed

_________ _________

SCORE



63


AND EFFICIENCY

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

f)

Customary charges and IBP

schedule of fees; g) Amount involved and benefits to

the client;

h) Contingency or certainty ofcompensation;

i) Character of the employment,

whether occasional or established;and,

j) Professional standing of the

lawyer (Rule 20.01, Canon 20,Ibid.)

Divides fees in cases of referral, with theconsent of the client, in proportion to work

performed and responsibility assumed (Rule

20.02, Canon 20, Ibid.)

Avoids controversies with clients concerning

his compensation and resorts to judicial action

only to prevent imposition, injustice or fraud(Rule 20.04, Canon 20, Ibid.)

Adopts such measures as may be required to prevent those whose services are utilized by

him, from disclosing or using confidences or

secrets of the client (Rule 21.05, Canon 21,

Ibid.)


had no knowledge of


Number of

points you

observed

_________ _________

SCORE



64


AND EFFICIENCY

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Turns over immediately, subject to his

retainer’s lien, upon his withdrawal or

discharge, all papers and property to which

the client is entitled, and cooperates with his

successor in the orderly transfer of the matter,including all information necessary for the

proper handling of the matter (Rule 22.02,

Canon 22, Ibid.)

Adopts a system whereby he would be able to

receive mail sent to his office during hisabsence, even assuming that circumstances

would justify his abrupt abandonment of his

ffice (Overgaard vs. Valdez, 582 SCRA 567,2009)

Informs his client timely and adequately of

important developments affecting the case ofhis client (Carandang vs, Obmina, 586 SCRA

82, 2009) (Uy vs. Tansinsin, 593 SCRA 296,

2009)


had no knowledge of


Number of

points you

observed

________ _________

SCORE



65


AND EFFICIENCY

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Accounts for the money or property collected or received for or from his client

(Belleza vs. Macasa, 593 SCRA 549, 2009)




Number of

points youobserved

_________ _________

SCORE


knowledge of our had no opportunityobserve

_____________________________________


___________

___________

_____________________

TOTAL SCORE FOR

ADMINISTRATIVE

ABILITY AND EFICIENCY



66


No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Does not, directly or indirectly, encroach uponthe professional employment of another

lawyer (Rule 8.02, Canon 8, Ibid.)

Does not pay or give anything of value torepresentatives of mass media in anticipation

of or in return for, publicity to attract legal

business (Rule 3.04, Canon 3, Ibid.)

Refrains from making public statements in

the media regarding a pending case tending to

arouse public opinion for or against a party


Avoids indiscreet conversation about a

client’s affairs even with members of his

family (Rule 21.06, Canon 21, Ibid.)

Does not do or permit to be done any act

designed primarily to solicit legal business


Does not charge rates lower than those

customarily prescribed unless thecircumstances so warrant (Rule 2.04, Canon 2,

Ibid.)


had no knowledge of


Number of

points you

observed

________ _________

SCORE



67


No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Does not use or permit the use of any false,fraudulent, misleading, deceptive, undignified,

self-laudatory or unfair statement or claim

regarding his qualifications or legal services


Does not use in the choice of a firm name, any

false, misleading or assumed name; and, if thename of a deceased partner is continued to be

used, the firm indicates in all its

communications that said partner is deceased(Rule 3.02, Canon 3, Ibid.)

Uses only true, honest, dignified and objective

information or statement of facts in making

known his legal services (Canon 3, Ibid.)

Does not reveal that he has been consulted

about a particular case except to avoid

possible conflict of interest (Rule 21.07, Canon

21, Ibid.)

Does not, even in his private capacity, demand

excessive payments from his borrowers,filling up his borrowers blank checks with

fictitious amounts, falsifying commercial

documents for his material gain, and then

using said checks as bases for filing

unfounded criminal suits against his

borrowers in order to harass them (Mendoza

vs. Diciembre, 580 SCRA 26, 2009)


had no knowledge of


Number of

points you

observed

_________ _________

SCORE



68


No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Refrains from making public statements inthe media regarding a pending case tending

to arouse public opinion for or against a party

(Foodsphere, Inc. vs. Mauricio, Jr., 593 SCRA

367, 2009)




Number of

points youobserved

_________ _________

SCORE


knowledge of our had no opportunityobserve


___________

___________

_____________________

TOTAL SCORE FOR

EXTRAJUDICIAL

CONDUCT



69

COMPLIANCE WITH

PROFESSIONAL DUTY

AND THE LAW

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Upholds the Constitution, obeys the laws of

the land and promotes respect for the law

and legal processes (Canon 1, Code of

Professional Responsibility)

Encourages his clients to avoid, end or settle a

controversy if it will admit of a fair

settlement (Rule 1.04, Canon 1, Ibid.)

Does not reject, except for valid reasons, the

cause of the defenseless or the oppressed (Rule 2.01, Canon 2, Ibid.)

Does not refuse to render legal advice to such person concerned (the defenseless or the

oppressed, even if he does not accept the case)

if only to the extent necessary to safeguard thelatter’s rights (Rule 2.02, Canon 2, Ibid.)

Withdraws from the law firm of which he isa partner and drops his name from the law firm

if he accepts public office, unless the lawallows him to practice law concurrently (Rule

3.03, Canon 3, Ibid.)

Participates in the development of the legal

system by initiating or supporting efforts in

law reform and in the improvement of the

administration of justice (Canon 4, Ibid.)




Number of

points youobserved

_________ _________

SCORE



70

COMPLIANCE WITH

PROFESSIONAL DUTY

AND THE LAW

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Participates in continuing legal programs (Canon 5, Ibid.)

Assists in disseminating information

regarding law and jurisprudence (Canon 5,

Ibid.)

Does not support the application for admission

to the bar of any person known by him to be

unqualified in respect to character, education

or other relevant attribute (Rule 7.02, Canon 7,Ibid.)

Does not, directly or indirectly, assist in the

unauthorized practice of law (Canon 9, Ibid.)

Does not divide or stipulate to divide a fee for

legal services with persons not licensed to

practice law, except in the instances allowed

by the rules, such as, when there is a pre-existing agreement on posthumous sharing,

when he undertakes to complete unfinishedlegal business, or when non-lawyer employees

are included in a retirement plan (Rule 9.02,Canon 9, Ibid.)

Submits grievances against a Judge to the proper authorities only (Rule 11.05 Canon 11,

Ibid.)




Number of

points youobserved

_________ _________

SCORE



71

COMPLIANCE WITH

PROFESSIONAL DUTY

AND THE LAW

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Exerts every effort and considers it his duty toassist in the speedy and efficient

administration of justice (Canon 12, Ibid.)

Does not refuse his services to the needy

(Canon 14, Ibid.)

Does not decline, except for serious and

sufficient cause, an appointment as counsel

de oficio or as amicus curiae (Rule 14.02,

Canon 14, Ibid.)

Does not decline a request of the Integrated

Bar of the Philippines or any of its chapters forrendition of free legal aid (Rule 14.02, Canon

14, Ibid.)

Does not refuse to accept representation of an

indigent client unless he is in no position to

carry out the work effectively or competentlyor because of conflict of interest (Rule 14.03,

Canon 14, Ibid.)

Observes the same standard of conduct governing his relations with paying clients

when he accepts the cause of a person unable

to pay his professional fees (Rule 14.04,Canon 14, Ibid.)



to observe ____________

Number of

points youobserved

_________ _________

SCORE



72

COMPLIANCE WITH

PROFESSIONAL DUTY

AND THE LAW

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Observes candor, fairness and loyalty in alldealings and transactions with his clients

(Canon 15, Ibid.)

Ascertains as soon as possible, in conferring

with a prospective client, whether the matter

would involve a conflict of interest withanother client or his own interest, and if so,

informs forthwith the prospective client (Rule

15.01, Canon 15, Ibid.)

Binds himself to the rule on privileged

communication in respect of matters disclosed

to him by a prospective client (Rule 15.02,Canon 15, Ibid.)

Does not represent conflicting interests except by written consent of all concerned given after

a full disclosure of the facts (Rule 15.03,

Canon 15, Ibid.)

Gives a candid and honest opinion on themerits and probable results of the client’s

case when advising his client, neitheroverstating nor understating the prospects of

the case (Rule 15.05, Canon 15, Ibid.)



to observe ____________

Number of

points youobserved

_________ _________

SCORE



73

COMPLIANCE WITH

PROFESSIONAL DUTY

AND THE LAW

No knowledge

or No

opportunity to

observe


1 2 3 4 5 6 7 8 9 10

Preserves the confidence and secrets of his

client even after the attorney-client relation is

terminated (Canon 21, Ibid.)

Upholds the law to which he is most sacredly

bound as a lawyer (Re: 2003 Bar

Examinations, Atty. Danilo de Guzman, 586SCRA 372, 2009)




Number of

points youobserved

_________ _________

SCORE



observe


__________

___________

_____________________

TOTAL SCORE FOR

COMPLIANCE WITH

PROFESSIONAL DUTY AND

THE LAW



74

SCORE SHEET FOR LAWYERS

PROFESSIONAL QUALITIES SCORE

INTEGRITY

IMPARTIALITY

INDEPENDENCE

PROFESSIONAL COMPETENCE AND PERFORMANCE

PROFESSIONAL ATTITUDE, BEHAVIOR AND DEMEANOR



COMPLIANCE WITH THE LAW AND PROFESSIONAL DUTY

TOTAL SCORE





75

INDEX

-A- administrators, excessive compensation to – CJ-7

ability to influence public official, tribunal orlegislative body – CL-46

admission to the Bar, application for – CL-45

ability, exertion of – CL-60 admission to the Bar, unqualified applicants for –CL-70

abusing a witness, avoids – CL-54 advice and assistance, gives proper – CL-49

abusive, offensive or improper language – CL-52;

CP-32

affairs of client, disclosure to associates about –

CL-57

accounting, obligation to make – CL-47 amicus curiae –appointment as – CL-71

acting as lawyer – CL-46 amount involved, fees determined by –CL-63

acting in another professional capacity – CL-46 appellate proceedings, does not waste time on –CJ-12

activities, extrajudicial – CJ-17 application for admission to the Bar, suppression of

material fact in– CP-22

acts contrary to law, refrains from doing – CP-38 application for admission to the Bar by anunqualified person – CP-40

adequate service to the public – CP-35 arousing public opinion – CP-38

administration of justice, duty to assist in the speedyand efficient - CP-29

arraignment, complies with period of – CJ-8

administration of justice, supports efforts in the –CL-69

assets, files statement statements of – CJ-20

administrative functions, performance of – CJ-18 assets, liabilities and net worth; statement of – CP-41

administrative responsibilities, diligent discharge of –CJ-13

assistance, gives proper – CL-49

administrator, serving as – CJ-2 attention, diligence, skill and competence; gives full

– CL-57



76

attentiveness to lawyers, litigants and witnesses –CJ-9

business – CJ-16

attire, appears in proper – CL-53; CP-32 business – prompt and effective dispatch of – CJ-15

attitude, courts are made for litigant –CJ-12 business advisor, serving as – CJ-16

attitude, detached from appealed case – CJ-12 business director, serving as –CJ-16

authorized signatories on papers and documents, not

more than three – CP-36

business employee, serving as – CJ-16

business interest, opposed to official duty – CP-26

-B- business manager, serving as – CJ-16

Bar, application for admission to the– CP-22; CP-40 business officer, serving as – CJ-16

Bar, unqualified person’s application for admission to

the – CP-40

behavior, as an individual – CJ-16 -C-

behavior, outside the courtroom – CJ-16 candor to professional colleagues – CL-52

behavior, promotes court’s integrity and impartiality –CJ-12

candor, fairness and good faith to the Court – CL-60;CP-32

behavior, scandalous – CL-60; CP-33 candor, fairness and loyalty to client – CL-72

bequest, refusal to accept –CJ-2 case status, keeps client informed of – CL-62

borrowing money from client, avoids – CL-61 case, decides with dispatch – CJ-9

browbeating a witness, avoids – CL-54; CP-30 case, failing to do anything about – CJ-9

buck-passing, avoids – CL-57 case, failure to decide promptly –CJ-14



77

cases, decides within required period – CJ-6 competence, gives full – CL-57

cases, inventory of – CJ-14 competence, professional – CJ-6

character of employment, fees determined by – CL-63 compliance with the law, impresses upon client –CL-46

charity, soliciting for – CJ-2 conduct unbecoming of an officer, drawing a check

against insufficient funds is – CL-47

check drawn against insufficient funds – CL-47 conduct, above suspicion – CJ-16

citing as law repealed or amended provisions – CL-53

conduct, fitness to practice law – CL-60

classified information, does not divulge – CP-41 conduct, undermines fitness to practice law – CP-33

client’s affairs, indiscreet conversational about –CL-66

conduct; unlawful, dishonest, immoral or deceitful –CL-44

client’s funds and property, delivers upon demand –

CL-61

conduct, unprofessional (of lawyers and court

personnel) – CJ-13

client’s money and properties, holds in trust – CL-61 conduct, proper – CJ-16

client’s money and property, accounts for—CL-61 confidences and secrets of client, after relationship is

terminated – CL-73

client’s request for information, responds to – CL-62 confidences or secrets of client; exceptions –disclosure of – CL-56

client’s rights – zeal in defense of – CL-60 confidences or secrets of client, prevents disclosureof – CL-63

collaborating counsel, competent – CL-55 confidences or secrets of client, does not reveal –

CL-56; CL-73

commissioners, excessive compensation to – CJ-7 confidential document, leaking of internal – CJ-18

compensation, controversies with client concerning –

CL-63

confidential or classified information, does not

divulge – CP-41

competence and diligence, serves client with – CL-55 conflict of interest; due to his being a board member,

officer, stockholder or partner—CP-26



78

conflict of interest, informs prospective client about –CL-72

court personnel, supervision of – CJ-15

conflicting interests, does not represent – CL-72 court personnel, appointment of (based on merit andqualifications) – CJ-14

Constitution, upholds the – CL-69; CP-41 Court processes, does not misuse – CL-54

consultations and hearings, openness of – CP-35 court processes, misuse of – CP-30

consultation about a case, does not reveal– CL-67 Court, influencing the – CL-45

contingency or certainty of compensation, feesdetermined by – CL-63

Court, respect due to the – CL-60

continuance, based on false statement – CP-31 courteous service to the public – CP-35

continuance, denies motions for – CJ-8 courtesy, fairness and candor to professionalcolleagues – CL-52; CP-32

continuing legal programs, participates in – CL-70;

CP-40

courtesy, to lawyers, litigants and witnesses – CJ-9

controversial tone in addressing counsel, litigants or

witnesses – CJ-10

creed, does not decline representation due to – CL-49

controversies with client concerning compensation –

CL-63

criminal charges, does not present unfounded –

CL-56

cordiality, conducive to industry – CJ-14 criminal suits, filing unfounded – CL-67

counsel de oficio – does not decline appointment as -CL-71

criticism, fear of - CJ-5

court business, disposes of –CJ-6 customary charges, fees determined by – CL-63

court management, competence in – CJ-13

court personnel, organized and supervised for business

dispatch –CJ-13-D-

court personnel, restrained from making public

comments – CJ-13

deal, financial – CJ-2; CJ-16



79

deals, business – CJ-16 developments affecting client’s case – informs clienttimely and adequately on – CL-64

deceased partner, using name of – CL-67 devotion to the interest of his client – CL-60

deceitful conduct –CL-44 dignity of the legal profession – CL-45

deceitful conduct – drawing a check against

insufficient funds is – CL-47

diligence of a good father of a family, in the use of

public funds and property – CP-37

decorum, maintains proper – CJ-6 diligence, gives his full – CL-57

defense, presents every possible – CL-57 diligence, in the dispatch of business – CJ-7

defenseless or oppressed, does not reject the cause ofthe – CL-69

disappearance or abandonment due to threats to hislife – CL-58

defenseless or oppressed, renders legal advice to the –CL-69

disciplinary measures, against lawyers and personnel – CJ-13

defiance of the law – CL-45 disclosure of client’s affairs to associates – CL-57

delay a case, does not unduly – CL-54 discrimination, against the poor and underprivileged

– CP-25

delay any man’s cause – CL-45 discrimination, against anyone – CP-25

delay, administers justice without – CJ-6 discrimination, due to party affiliation – CP-25

delay, filing motion solely for – CP-30 discrimination, due to preference – CP-25

delay, undue – CP-30 dishonest conduct – CL-44

delegation of professional tasks to unqualified person

– CL-52

dispensers of undue patronage, public officials and

employees as – CP-33

democratic way of life and values, commits himself to

– CP-38

display of learning, CJ-10

depressed rural and urban areas, understanding of

conditions in – CP-39

disputes, settling of – CL-49



80

disqualification, immaterial – CJ-4 entrusting trial to another lawyer (if counsel testifies) – CL-55

disqualification, insubstantial—CJ-4 evidence of the case, prepare on – CL-52

division of fee for legal services – CL-63 evidence, presentation of – CJ-6

division of fee with non-lawyers – CL-70 example, demoralizing to others – CJ-19

document to show assets, liabilities and net worth –

CP-41

example, for others – CJ-17

document to show business and financial connections – CP-41

excellence, dedication and commitment to – CJ-14

documents, pores over all ( despite heavy caseload) –CJ-9

excellence, discharges duties with – CP-30

documents, ready with originals for comparison withcopies – CP-29

execution of judgment, does not impede – CL-54

drunk, in public or festivities –CJ-17 executor, serving as – CJ-2

duties, performance of (subject to public scrutiny) –

CP-31

extension of time (to file pleadings, memoranda or

briefs) – CP-29

extensions of time – CL-54

-E- extrajudicial activities – CJ-16

effectiveness of the legal profession – CL-50 extraordinary attention or hospitality to Judges –CL-45; CP-38

employees, motivates his –CJ-14 extravagant display of wealth, does not indulge in –

CP-41

employment, in private enterprise – CP-23

engagement or employment on matters prosecutor

intervened in – CP-40-F-

entertainment, soliciting or accepting – CP-24 fact not proven – asserting a – CL-53



81

fact, not proven asserted as – CP-28 familiarity with Judges, cultivating – CL-45

factor, refusal to accept –CJ-2 familiarity with Judges, cultivating– CP-38

facts of the case – prepared on – CL-52 favor, soliciting or accepting – CP-23

facts, ascertains – CJ-6 favoritism, avoids – CJ-3

facts, clearly stated in judgment – CJ-7 fee for legal services, does not divide – CL-70

facts, suppression of – CP-21 fees and disbursements, lien for – CL-61

failure to decide cases – CJ-14 fees, fair and reasonable – CL-62

failure to proceed to trial, valid justification for –CP-31

fees, division of – CL-63

fairness to professional colleagues – CL-52 fees, factors that determine – CL-62

fairness to the Court – CL-60; CP-32 fidelity to the cause of his client – CL-46

fairness, principle of (impressed upon client) – CL-46 fiduciary, serving as – CJ-2

false statement, admission to the Bar – CL-45 financial deals – CJ-16

false statement, made to obtain a continuance – CP-31 financial disclosure – CJ-18

false statement, making of – CP-22 financial interest, in official transactions – CP-23

false statement, material to the granting of a

continuance – CP-31

firm name; use any false, misleading or assumed

name– CL-67

falsehood, does not do or consent to – CL-44; CP-22 foreign intrusion, against Philippine sovereignty –

CP-27

falsification of commercial documents – CL-67 fraud perpetrated by client, calls client to rectify –

CL-56



82

free legal aid, does not decline IBP request forrendition of – CL-71

guardians, excessive compensation to – CJ-7

funds and property of client, delivered upon demand –CL-61

gun, bringing out –CJ-10

funds of each client, kept separate and apart – CL-61

funds of client - CL-47 -H-

harassing a witness – CL-54; CP-30

-G- harassing tactics against opposing counsel – CL-52;CP-32

gift, refusal to accept – CJ-2 hasty conclusions – CJ-10

gift, soliciting or accepting – CP-24 hearings, attend scheduled – CL-58

good customs, refrains from doing acts contrary to –

CP-38

hearings, openness of – CP-35

good faith to the Court – CL-60; CP-32 honesty, no doubt on his – CJ-1

good morals, refrains from doing acts contrary to –

CP-38

honorable means, employs every – CL-57

goods, resources and technology; locally produced –CP-40

hospitality to the Judge – CL-45

government resources and powers, use of – CP-35

gratuitous utterances, CJ-10 -I-

gratuity, soliciting or accepting – CP-24 IBP schedule of fees, fees determined by – CL-63

grievances against a Judge, submitted to the proper

authorities only – CL-70, CP-40

immoral conduct – CL-44

guardian, serving as –CJ-2 impartiality, confidence in his – CJ-4



83

importance of the subject matter, fees determined by – CL-62

injunction, ex-parte hearing on applications for –CJ-7

improper conduct – CL-48 inspection of public documents – CP-37

improper language, use of –CL-52 insufficient funds, check drawn against - CL-47

impropriety, avoids – CP-33 Integrated Bar, supports activities of – CL-45; CP-22

impropriety, refrains from – CL-45 integrity of the legal profession – CL-45; CL-48;

CL-50

independence, integrity and effectiveness of the legal profession – CL-51

intelligence, discharges duties with –CP-30

indigent client, does not refuse representation of an –CL-71

intemperate language, CJ-10

influence of any party – CJ-5 interest of client, devotion to the – CL-60

influencing the Court – CL-45; CP-33 interest, partisan – CJ-5

information acquired in the course of employment –

CL-47

interference – in evidence presentation – CJ-6

information from his files, client’s consent needed for

disclosure of - CL-47

interference by another government branch or agency

– CL-51; CP-27

information on office policies and procedures – CP-35 irresponsible and improper conduct – CL-48

information, disclosure of – CJ-2

information, responds to client’s request for – CL-62 -J-

infraction of the law, avoids the slightest – CJ-19 Judge, attributes motives to a – CL-53; CP-28

inhibition, for just and valid reasons—CJ-3 Judge, grievance against a – CP-40

inhibition, impartiality questioned –CJ-3 Judge, grievances against (submits them to proper

authorities only) – CL-70



84

Judges – cultivating familiarity with – CL-45 language, offensive and abusive – CL-59

Judges, administrative functions of other –CJ-13 Language; use of abusive, offensive or improper -CL-52; CP-32

Judges, extraordinary attention or hospitality to –CP-38

law and jurisprudence, assists in disseminatinginformation regarding – CL-70; CP-38

Judges, familiarity with – CP-38 law reform, supports efforts in – CL-69

judgment, does not impede execution of – CP-30 law schools, supports high standards in – CP-38

Judgment, premature – CJ-10 law students, supports practical training of – CP-38

judicial function, responsibility for – CJ-15 law, ascertains applicable – CJ-6

judicial office, prestige of – CJ-1 law, clearly stated in judgment – CJ-7

judicial officers – respect due – CL-60; CP-32 law, facts and evidence of the case; prepared on –

CL-52

judicial temperament – CJ-12 law, upholds the – CL-73

judiciary, independence of – CJ-5 laws of the land, obeys the – CL-69

jurisprudence, abreast with – CJ -6 lawyering; for any party – CJ-4

just administration of the law, zealous regard for –CJ-11

leader and manager, strives to be a good – CJ-14

just and inexpensive determination of every action,

assists parties to obtain –CL-58

learning, skill and ability; exertion of - CL-60

justness and sincerity, acts with – CP-25 legal business, soliciting – CL-66

legal advice to defenseless or oppressed – CL-69

-L- legal developments, abreast with – CL-52



85

legal principles, conversant with – CJ-6 loyalty to country, above loyalty to persons or party –CP-27

legal profession; independence, integrity andeffectiveness of – CL-50

loyalty to the Filipino people, maintains – CP-40

legal profession, integrity and dignity of – CL-45;CP-22

loyalty to the Republic, maintains – CP-40

legal services – does not undertake (if not qualified) –

CL-55

legal services, information or facts used in making

known his – CL-67-M-

legal services, made available – CL-50 mail, adopts system to receive (during his absence) –CL-64

legal system, lessening confidence in the – CL-45 mass media representatives, does not pay or giveanything of value to – CL-66

legislative body, ability to influence any – CL-46 material fact, suppression of (in application foradmission to the Bar) – CL-45

lending money to client, avoids – CL-62 material interest (in official transactions) – CP-23

letters, telegrams and communications, responds to –

CP-36

merit, observes – CJ-3

liabilities, files statement of – CJ-19 merits and probable results of client’s case, gives

candid opinion on – CL-72

lien for attorney’s fees – CL-47 merits of his cause, relies on – CL-45; CP-33

lien, notice of – CL-61 misleading the Court – CL-52

loan, refusal to accept – CJ-2 misleading the Court, does not do or allow – CP-28

loan, soliciting or accepting – CP-24 misquoting any argument or decision – CL-53

locally-produced goods, resources and technology –

CP-40

misquoting, (any decision, argument, language or

paper) – CP-28

loose statements – CJ-10 modest life, leads a – CP-39



86

money and properties of client, holds in trust – CL-61 official papers and documents, not more than threesignatories on – CP-36

money and property of client, accounts for – CL-61;CL-65

official papers and documents, processing andcompletion of – CP-36

motion, frivolous and without merit – CP-30 opinion of guilt, does not decline representation dueto – CL-49

multiple actions for same cause – CL-54 opinion, honest (about him) – CJ-17

-N- opinion, public –CJ-5

negligence – CL-55 order in court, maintains – CJ-6

nepotism, avoids – CJ-3 original documents, ready with (for comparison) –CL-54

net worth, files statement of – CJ-19 ostentatious display of wealth, does not indulge in –CP-41

neutrality, cold – CJ-3

non-appearance of opposing counsel – does not take

advantage of – CL-58-P-

notice of lien, to satisfy fees and disbursements –

CL-61

papers and properties of client, turns over – CL-64

novelty and difficulty of questions involved, feesdetermined by – CL-62

partisan interest – CJ-5

partisan political activities, participating in – CJ-18

-O- party funds, contributing to –CJ-18

obscurity, clears up – CJ-6 patience (for lawyers, litigants and witnesses) –

CJ-9

offensive and abusive language, refrains from – CL-59 payments, does not demand excessive – CL-67

offensive language, use of – CL-52 peddlers of undue patronage – CP-33



87

performance of duties, subject to public scrutiny –CP-31

presentation of evidence, interference in – CJ-6

performance reports, renders and makes available –CP-36

pressure, resists – CJ-5

person unable to pay fees (lawyer observes samestandard as with paying clients) – CL-71

pretrial, considers all aspects of – CJ-7

pleadings, prepares and files – CL-58 pride of country and people – CP-34

policy, rules and procedure (simplifying and

systemizing) – CP-35

primary duty (that justice is done) – CP-32

political candidates, endorsement of – CJ-18 private enterprise, employment in – CP-23

political speeches, making of – CJ-18 Private enterprise; own, control or manage – CP-23

ponencia not yet promulgated, leaking of – CJ-18 private enterprise, recommending any person foremployment in - CP-23

poor and underprivileged, discrimination against –

CP-25

private interest, advancing his – CP-22

position of any party – CJ-5 private interest (interferes with public duties) –

CP-22

postponement, denies motions for—CJ-8 private practice of law – CP-42

practice of law – desists from – CJ-18 privileged communication, binds himself to the ruleon – CL-72

practice of law, does not assist in the unauthorized –CL-70

probability of losing other employment, feesdetermined by – CL-62

practice of other profession (conflicts with judicial

functions) – CJ-18

procedure of handling case, does not allow client to

dictate – CL-51

premature judgment – CJ-10 professional employment of another lawyer, does not

encroach upon – CL-66

preparation on the law, facts and evidence of the case

– CL-52; CP-29

professional standing, fees determined by – CL-63

preparation, does not handle any matter without

adequate – CL-55

professional tasks, delegation to unqualified person –

CL-52



88

professionalism, discharges duties with – CP-30 public order, refrains from doing acts contrary to –CP-38

prompt service to the public - CP-35 public policy, refrains from doing acts contrary to –CP-38

proper attire, appears in – CL-53; CP-32 public safety, refrains from doing acts contrary to –CP-38

property, borrowing (subject of case) – CJ-17 public scrutiny (on performance of duties) – CP-31

property, using (subject of case) – CJ-17 public service and fidelity, high standards of – CJ-13

public accountability, maintains principle of – CP-35 public statements regarding pending case, refrainsfrom making – CL-66; CP-38

public comments (on pending and impending cases) –CJ-16

public, service to the (courteous, prompt andadequate) – CP-35

public documents, inspection of – CP-37 publicity to attract legal business, does not pay mediain return for – CL-66

public duties (interfered by his private interest) –

CP-22

publicity (for personal vainglory) – CJ-9

public funds and property, diligence in the use of –

CP-37

punctually appears in Court – CL-53; CP-33

public funds and revenues, avoids wastage of – CP-35

public information, consultations and hearings;openness of – CP-35

-Q-

public interest, over and above personal interest –CP-23

qualifications or legal services, statements or claimsabout his – CL-67

public interest, refrains from doing acts contrary to –

CP-38 qualifications, observes – CJ-3

public official, ability to influence any – CL-46 quasi-judicial functions, performance of – CJ-18

public officials and employees, wrong perception on –

CP-33

public opinion for or against a party, making public

statements to arouse – CL-68; CP-38-R-



89

race, sex, creed or status of life (does not declinerepresentation due to) – CL-50

rules of procedure, observes – CL-53; CP-28

rank of any party – CJ-5 ruling after thoughtful consideration – CJ-11

rates, does not charge lower – CL-66

receivers, excessive compensation to – CJ-7 -S-

receivership, ex-parte hearing on applications for –

CJ-7

scandalous behavior – CL-60; CP-33

record management – CJ-15 secrets of client – does not reveal – CL-56

rectitude, symbol of– CJ-1 sensitive on honest opinion about him – CJ-17

red tape, avoids – CP-35 service to the public, adequate - CP- 35

relatives in government, identification and disclosure

of – CP-42

services to the needy, does not refuse – CL-71

relatives, appointment of – CP-25 services, attends immediately to anyone availing of

his –CP-37

relatives, undue favors to – CP-25 services, prompt and expeditious – CP-37

repealed or amended law, citing as law – CP-28 settlement, encourages fair – CL-69

repealed or amended provisions, citing as law – CL-53 sex, does not decline representation due to – CL-49

respect due to the Court and judicial officers – CL-60;

CP-32

side remarks – CJ-10

results of client’s case, gives honest opinion on

probable – CL-72

signatories on papers and documents – CP-36

rights of others, respect for – CP-34 sincerity, acts with – CP-25

rights of parties, respect for – CJ-11 skill demanded, fees determined by – CL-62



90

skill, discharges duties with –CP-30 -T-

skill, exertion of – CL-60 talking to his witness – CL-54; CP-33

skill, gives his full – CL-57 termination of case, urges – CL-58

sobriety and self-restraint –CJ-12 termination of relationship, if client fails to rectify

fraud – CL-56

socio-economic conditions, develops understanding of

– CP-39

testifying for his client – CL-55

soliciting legal business – CL-66 thin skinned, on honest opinion about him – CJ-17

sovereignty, Philippine – CP-27 threats to his life, disappears or abandons client dueto – CL-58

speedy and efficient administration of justice, assistsin the – CL-71

time spent and extent of services, fees determined by – CL-62

staff, control and discipline of – CJ-14 time, prevents loss of – CJ-6

statement of assets, liabilities and net worth – CJ-19;

CP-41

trial, allows accused 15 days period to prepare for –

CJ-8

status of case, keeps client informed of – CL-62 trial, complies with 30-day period to commence –

CJ-8

status of life, declines representation due to – CL-49 trial, complies with 180 day entire period of – CJ-8

successor, cooperates with – CL-64 trial, ensures speedy – CJ-8

suggestions, encourages – CP-35 trial, failure to proceed based on valid justification –

CP-31

suit or proceeding, does not encourage – CL-45 trial period – CJ-8

supremacy of civilian authority over military,

manifests by deeds – CP-40

trial, punishes counsel or prosecutor who delays –

CJ-9

trial, sets case for continuous – CJ-8



91

trial, setting of (when witness is unavailable) – CP-30 witness, impersonating another, does not assist –CL-54; CP-22

tribunal, ability to influence any – CL-46 witnesses, concealment of – CP-21

trust and confidence reposed in him – CL-46

trustee, serving as – CJ-2 -Z-

trustees, excessive compensation to – CJ -7 zeal in defense of client’s rights – CL-60

truth, ascertains the – CJ-6 zeal, represents his client with – CL-46

-U-

unfaithful or neglectful counsel, relief against – CL-49

unfounded criminal charges, does not present – CL-56

unfounded criminal suits, filing of – CL-67

unlawful conduct – CL-44

-W-

well-settled doctrines, conversant with – CJ-6

withdrawal of services, good cause for – CL-57

withdraws from law firm, if he accepts public office –

CL-69



92

OBSERVER’S REMARKS

On the Judge or Justice:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

On the Prosecutor:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

On the Lawyer:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

On the Court Observation and Evaluation Program:

________________________________________________________________________

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Documents

Guide-for-Observing-Evaluating-court-Performance.pdf