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LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES
Documents written with ink shall not be of more than
twenty-five lines to one page. Typewritten documents
shall be written double spaced. One side only of the page
will be written upon, and the different sheets will be sewn
together, firmly, by five stitches in the left -hand border in
order to facilitate the formation of the expediente , and
they must not be doubled.
Section 16. Printed papers . — All papers require by these
rules to be printed shall be printed with blank ink on
unglazed paper, with pages six inches in width by nine
inches in length, in pamphlet form. The type used shall
not be smaller than twelve point. The paper used shall be
of sufficient weight to prevent the printing on one side
from being visible upon the other.
Section 17. Stenographer . — It shall be the duty of the
stenographer who has attended a session of a court
either in the morning or in the afternoon, to deliver to the
clerk of court, immediately at the close of such morning
or afternoon session, all the notes he has taken, to be
attached to the record of the case; and it shall likewise be
the duty of the clerk to demand that the stenographer
comply with said duty. The clerk of court shall stamp the
date on which such notes are received by him. When
such
notes
are
transcribed
the
transcript
shall
be
delivered to the clerk, duly initiated on each page thereof,
to be attached to the record of the case.
Whenever requested by a party, any statement made by
a judge of first instance, or by a commissioner, with
reference to a case being tried by him, or to any of the
parties thereto, or to any witness or attorney, during the
hearing of such case, shall be made of record in the
stenographic notes.
Section 18. Docket and other records of interior courts . —
Every justice of the peace and municipal judge shall keep
a well-bound book labeled "docket" in which he shall
enter for each case:
(a) The title of the case including the names of all the
parties;
(b) The nature of the case, whether civil or criminal, and if
the latter, the offense charged;
(c) The date of issuing preliminary and intermediate
process including orders of arrest and subpoenas, and the
date and nature of the return thereon;
(d)
The
date
of
the
appearance
or
default
of
the
defendant;
(e) The date of presenting the plea, answer, or motion to
quash, and the nature of the same;
(f) The minutes of the trial, including the date thereof and
of all adjournments;
(g) The names and addresses of all witnesses;
(h) The date and nature of the judgment, and, in a civil
case, the relief granted;
(i) An itemized statement of the coast;
(j) The date of any execution issued, and the date and
contents of the return thereon;
(k) The date of any notice of appeal filed, and the name of
the party filing the same.
A justice of the peace or municipal judge may keep two
dockets, one for civil and one for criminal cases. He shall
also keep all the pleadings and other papers and exhibits
in cases pending in his court, and shall certify copies of
his
docket
entries
and
other
records
proper to be
certified, for the fees prescribed by these rules. It shall be
necessary for the justice of peace or municipal judge to
reduce writing the testimony of witnesses, except that of
the accused in preliminary investigations.
Section 19. Entry on docket of interior courts . — Each
justice of the peace or municipal judge shall, at the
beginning and in from of all his entries in his docket,
make and subscribe substantially the following entry:
A docket of proceedings in cases before . . . . . . . . . . . . . . . . . . .
. . . .; justice of the peace) or municipal judge) of the
municipality (or city) of . . . . . . . . . . . ., in the province of . . . . .
. . . . . . . . . Republic, of the Philippines.
Witness my signature,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Justice of Peace (or Municipal Judge)
RULE 137 Disqualification of Judicial Officers
Section 1. Disqualification of judges . — No judge or
judicial officer shall sit in any case in which he, or his wife
or child, is pecuniarily interested as heir, legatee, creditor
or otherwise, or in which he is related to either party
within the sixth degree of consanguinity or affinity, or to
counsel within the fourth degree, computed according to
the rules of the civil law, or in which he has been executor,
administrator, guardian, trustee or counsel, or in which he
has been presided in any inferior court when his ruling or
decision is the subject of review, without the written
consent of all parties in interest, signed by them and
entered upon the record.
A judge may, in the exercise of his sound discretion,
disqualify himself from sitting in a case, for just or valid
reasons other than those mentioned above.
Section 2. Objection that judge disqualified, how made
and effect . — If it be claimed that an official is disqualified
from sitting as above provided, the party objecting to his
competency may, in writing, file with the official his
objection, stating the grounds therefor, and the official
shall thereupon proceed with the trial, or withdraw
therefrom, in accordance with his determination of the
question of his disqualification. His decision shall be
forthwith made in writing and filed with the other papers
in the case, but no appeal or stay shall be allowed from, or
by reason of, his decision in favor of his own competency,
until after final judgment in the case.
RULE 138 Attorneys and Admission to Bar
Section
1.
Who
may
practice
law .
—
Any
person
heretofore duly admitted as a member of the bar, or
hereafter
admitted
as
such in accordance with the
provisions of this rule, and who is in good and regular
standing, is entitled to practice law.
Section 2. Requirements for all applicants for admission
to the bar . — Every applicant for admission as a member
of the bar must be a citizen of the Philippines, at least
twenty-one years of age, of good moral character, and
resident of the Philippines; and must produce before the
Supreme
Court
satisfactory evidence of good moral
character, and that no charges against him, involving
moral turpitude, have been filed or are pending in any
court in the Philippines.
Section 3. Requirements for lawyers who are citizens of
the United States of America . — Citizens of the United
States of America who, before July 4, 1946, were duly
licensed members of the Philippine Bar, in active practice
in the courts of the Philippines and in good and regular
standing as such may, upon satisfactory proof of those
facts before the Supreme Court, be allowed to continue
such practice after taking the following oath of office:
I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to
continue in the practice of law in the Philippines, do
solemnly swear that I recognize the supreme authority of
the
Republic
of
the
Philippines;
I
will
support
its
Constitution and obey the laws as well as the legal orders
of the duly constituted authorities therein; I will do no
falsehood, nor consent to the doing of any in court; I will
not wittingly or willingly promote or sue any groundless,
false or unlawful suit, nor give aid nor consent to the
same; I will delay no man for money or malice, and will
conduct myself as a lawyer according to the best of may
knowledge and discretion with all good fidelity as well as
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