P. 1
Barops Ethics

Barops Ethics

|Views: 1,194|Likes:
Published by xynnnn

More info:

Published by: xynnnn on Aug 18, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOC, PDF, TXT or read online from Scribd
See more
See less

08/06/2013

pdf

text

original

THE LEGAL PROFESSION Introduction

STATE REGULATION OF THE LEGAL PROFESSION (BY THE SC AND CONGRESS)  Const art. VIII, sec. 5(5). The SC shall have the following powers: (5) Promulgate rules concerning… practice and procedure in all courts, the admission into the practice of law, the Integrated Bar….  Const art. XII, sec. 14. …The practice of all professions in the Phils shall be limited to Filipino citizens, save in cases prescribed by law.  In the Matter of the IBP (1973) The power to integrate the Philippine bar is given to the SC by the Constitution. RA 6397 is a mere legislative declaration that the integration of the bar will promote public interest. The unification of the bar is Constitutional. (1) It does not impinge upon freedom of association because it does not make the lawyer part of any group of which he is not already a member and simply provides an official organization for the well-defined but unorganized and incohesive group of which every lawyer is already a member. (2) The IBP’s fees are inherent in the power to regulate the Bar. They are a proper exercise of police power. (3) Freedom of speech is not impaired because the exaction of fees is a valid exercise of the SC’s regulatory powers. Integration of the bar was found to be called for at the time (1973) because of the beneficial experience foreign jurisdictions upon such integration and because of the overwhelming national demand of Filipino lawyers made evident in by official statistics.

 In re Cunanan (1954) RA 972, or the Bar Flunkers Act of 1953, was declared partially unconstitutional as it encroached upon the powers granted by the Constitution to the SC in determining the admission of bar examinees to the bar by usurping such power through a legislative act.

1

WHAT CONSTITUTES THE PRACTICE OF LAW NOTES (Agpalo)

η

Practice of law: legal advice and instructions to clients to inform them of their rights and obligations; preparation for clients of documents, requiring knowledge of legal principles not possessed by ordinary layman; appearance for clients before public tribunals which possess power and authority to determine rights of life, liberty and property according to law in order to assist in the proper interpretation and enforcement of law

η

Cayetano v Monsod (Padilla dissent): practice of law’s 4 elements: 1. habituality 2. compensation 3. application of law, legal principles, practice or procedure 4. attorney-client relationship

η

The practice of law is a mere privilege. Conferred only for merit, earned by hard study, learning and good conduct. But in a sense a right: not lightly or capriciously restricted

η

Not practice of law: writing law books/ legal articles, teaching

 Ulep v Legal Clinic, Inc (1993) The Legal Clinic was enjoined from issuing advertisements representing itself as “practicing law” as the Clinic was not properly a legal firm. Practice of law was defined as “any activity, in or out of court, which requires the application of law, legal procedures, knowledge, training and experience.” The advertisements regarding secrete marriages, divorce, annulment, absence, and visa were

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads] [Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law]

understood to be representing the legal clinic as tendering legal advise to clients. The Court could not believe that information was simply provided and that the clinic did not engage in advisory or diagnostic services.  Cayetano v. Monsod (1991) F: The SC held that Monsod satisfied the qualification of 10 year practice of law demanded by the position of COMELEC chairperson to which he had been nominated because practice of law means any activity, in or out of the court, which requires the application of law, legal procedure, knowledge, training and experience. Monsod had worked as an economist, had been the CEO of a bank and had been a member of the ConCom 0f 1986, all activities which constituted practice of law. H: Practice of law means any activity, in or out of court, which requires the application of law, legal procedure, knowledge and training and experience. It is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill. Monsod after passing the bar, worked in his father’s firm for 1 year, then worked as an operations officer in the World Bank Group, then a chief executive officer with the Meralco Group, then a legal and economic consultant, then a National Chairman for NAMFREL, member of the Davide Commission and a member of the Constitutional Commission. Interpreted in the light of the various definitions of the term “practice of law”, particularly the modern concept of law practice, and taking into consideration the liberal construction intended by the framers of the constitution, Atty. Monsod’s past work experience as a lawyer-economist, lawyer-manager, lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator verily more than satisfy the constitutional requirement. Padilla, Dissenting Practice of law-exercise or pursue an employment or profession, actively, habitually, repeatedly or customarily. There must be continuity or a succession of acts. Commission on Appointments several factors to determine “practice of law”: (1) Habituality -customarily or frequently holding one’s self out to the public as a lawyer (2) Compensation- his professional services are available to the public for compensation, as a

service of his livelihood or in consideration of his said service. (3) Application of law, legal principles, practice, or procedure-calls for legal knowledge, training and experience. (4) Attorney-client relationship- hence, teaching law or writing law books are not considered a “practice of law”. Monsod did not perform any of the tasks which constitute the practice of law HABITUALLY for at least 10 years prior to his appointment. Petition GRANTED

2

REQUIREMENTS FOR ADMISSION TO THE PRACTICE OF LAW

IN A NUTSHELL Requirements 1. Citizenship 2. Residence 3. 21 years of age 4. good moral character 5. no charges against him involving moral turpitude 6. Legal Education a. Pre-Law b. Law Proper

7.
8.

Bar Examination Lawyer’s Oath

 Rule 138, sec. 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 a 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.

LEGAL EDUCATION 1. PRE-LAW

 Rule 138, sec. 6. Pre-Law.—No applicant for admission to the bar examination shall be admitted unless he present a certificate that he has satisfied the Sec. of Education that, he began the study of law, he had pursued and satisfactorily complete in an authorized and

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads] [Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law]

recognized university or college, requiring for admission thereto the completion of a four-year high school course, the course of study prescribed therein for a bachelor’s degree in arts or sciences with any of the following subjects as major or field of concentration: political science, logic, english, spanish, history and economics.  In re Telesforo Diao (1963) The SC ordered the Clerk to strike Diao’s name from the roll of attorney’s as he was not qualified to take the bar exams due to his false representations. He started studying law six months before obtaining his arts degree.

to continue handling cases in his private practice of law. Only Filipino citizens may practice law in the Philippine. This requirement is prescribed by the Constitution, XII 14, and the RoC, 2 Rule 138. Ratio: “Since one of the solemn duties of an attorney is to maintain allegiance to the RP and to support the Constitution and obey the laws of the Phils (20(a) Rule 138 RoC), it follows that a Filipino citizen admitted to the Phil Bar must maintain such citizenship to remain qualified for the practice of law in this country.”

3

BAR EXAMINATION 2. LAW PROPER  Rule 138, sec. 5. Additional Requirements for other applicants.—All applicants for admission…shall, before being admitted to the examination, satisfactorily show that they have regularly studied law for four years, and successfully complete all prescribed courses, in a law school or university, officially approved and recognized by the Sec. of Education. The affidavit of the candidate, accompanied by a certificate from the university or school of law, shall be filed as evidence of such facts, and further evidence may be required by the court. No applicant shall be admitted to the bar examinations unless he has satisfactorily completed the following course in a law school or university duly recognized by the government: civil law, commercial law, remedial law, criminal law, public and private international law, political law, labor and social legislation, medical jurisprudence, taxation and legal ethics.  Rule 138, Sec. 7. Time for filing proof of qualifications.—All applicants for admission shall file with the clerk of the Supreme Court the evidence required by section 2 of this rule at least 15 days before the beginning of the examination. If not embraced within sections 3 and 4 of this rule they shall also file within the same period the affidavit and certificate required by section 5, and if embraced within sections 3 and 4 they shall exhibit a license evidencing the fact of their admission to practice, satisfactory evidence that the same has not been revoked, and certificates as to their professional standing. Applicants shall also file at the same time their own affidavits as to their age, residence, and citizenship.  Rule 138, sec. 8. Notice of applications.—Notice of applications for admission shall be published by the clerk of the Supreme Court in newspapers published in Pilipino, English and Spanish, for at least 10 days before the beginning of the examination.  Rule 138, sec. 9. Examination; subjects.—Applicants, not otherwise provided for in sections 3 and 4 of this rule, shall be subjected to examinations in the following subjects: Civil Law; Labor and Social Legislation; Mercantile Law; Criminal Law; Political Law (Constitutional Law, Public Corporations, and Public Officers); International Law (Private and Public); Taxation; Remedial Law (Civil Procedure, Criminal Procedure, and Evidence); Legal Ethics and Practical Exercises (in Pleading and Conveyancing).  Rule 138, sec. 10. Bar examination, by questions and answers, and in writing.—Persons taking the examination shall not bring papers, books or notes into the examination rooms. The questions shall be the

CITIZENSHIP  Const. art. XII, sec. 14. The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.  In re Arturo Castillo Reyes (1993) Petitioner’s name was struck from the roll of attorney’s due to the following facts: graduated from UP College of Law in 1939; passed the bar in 1939; inducted to and served in the US Armed Forces in the Far east during WWII and thus became eligible for citizenship under the 1990 US Immigration Act; became a naturalized citizen of the US in 1993. Likewise, his petition

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads] [Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law]

or any other provision of this rule. Upon verified application made by an examinee stating that his penmanship is so poor that it will be difficult to read his answers without much loss of time.—Candidates who have failed the bar examinations for three times shall be disqualified from taking another examination unless they show to the satisfaction of the court that they have enrolled in and passed regular fourth year review classes as well as attended a pre-bar review course in a recognized law school. after the court has approved the report.poli_law] [Ascheia_Yumul. he must have obtained a general average of 75 % in all subjects.  Rule 138.  Rule 138.deputy] [Rhudz_Raymundo. 10 %. who shall act as chairman. Only noiseless typewriters shall be allowed to be used.—In order that a candidate may be deemed to have passed his examinations successfully.  Rule 138. 11.—No candidate shall endeavor to influence any member of the committee. This committee shall be composed of a Justice of the Supreme Court.printing] [Miles_Malaya. shall be given to each examinee. in English or Spanish.  Rule 138.—Not later than February 15th after the examination. and who shall be designated by the court to serve for one year. Failing candidates to take review course. Examinees shall not place their names on the examination papers. The examination papers and notes of the committee shall be fixed with the clerk and may there be examined by the parties in interest.same for all examinees and a copy thereof. 13.head] [Nayna_Malayang. 15 %. Annual examination. Taxation. 3rd day: Mercantile Law (morning) and Criminal Law (afternoon). 15. 14. No oral examination shall be given. Labor and Social Legislation. and eight members of the bar of the Philippines. filing of examination papers. The subjects shall be distributed as follows: 1st day:Political and International Law (morning) and Labor and Social Legislation (afternoon). Sec. 2nd day: Civil Law (morning) and Taxation (afternoon). pointed out that beginning 1994. Sec. graduates of foreign law school would not be allowed to take the bar.rem_law] [Paul_Sorino/Judy_Ripol. shall be barred from the examination.comm_law] [Ces_Sicangco/Rowena_Romero. They shall be held in four days to be designated by the chairman of the committee on bar examiners.—Examinations for admission to the bar of the Philippines shall take place annually in the City of Manila. Remedial Law. Mercantile Law. or as soon thereafter as may be practicable. An applicant should [Lorybeth_Baldrias. and the same to count as a failure against him.acads] [Jam_Jacob. however. sec. Examinees shall answer the questions personally without help from anyone. 20 %. The SC. Legal Ethics and Practical Exercises. and further disciplinary action. 15 %. Political and International Law. 12. 15 %.legal_ethics] [Lianne_Gervasio. Passing average. 4  In re Adriano Hernandez (1993) The SC allowed Hernandez to take the 1993 Bar Exams of the Phil despite having graduated from the Columbia Law School and having passed the bar exam in the State of New York.lectures] [Japee_DeLeon. 4th day: Remedial Law (morning) and Legal Ethics and Practical Exercises (afternoon).design] Bobbie_StaMaria. Committee of examiners. the committee shall file its reports on the result of such examination. 10 %. 16. may be taken in the discretion of the court. Criminal Law.crim_law] [Vivian_Tan/Justin_Mendoza. the Supreme Court may allow such examinee to use a typewriter in answering the questions. Report of the committee. Sec. The names of the members of this committee shall be published in each volume of the official reports.labor_law] [Miguel_DeJesus. who shall hold office for a period of one year. The committee of bar examiners shall take such precautions as are necessary to prevent the substitution of papers or commission of other frauds. He had taken review classes in the Ateneo de Manila Law School. In determining the average. 5 %. Disciplinary measures. The candidate who violates this provision.civ_law] [Hya_Rafael/Mac_Macapagal. the subjects in the examination shall be given the following relative weights: Civil Law.  Rule 138. without falling below 50 % in any subject.tax_law] . and during examination the candidates shall not communicate with each other nor shall they give or receive any assistance. 10 %. Sec. —Examinations shall be conducted by a committee of bar examiners to be appointed by the Supreme Court. sec. including permanent disqualification. The professors of the individual review subjects attended by the candidates under this rule shall certify under oath that the candidates have regularly attended classes and passed the subjects under the same conditions as ordinary students and the ratings obtained by them in the particular subject.secretariat] [Dionne_Sanchez.  Rule 138.

the estimate in which he is held by the public in the place where he is known (subjective). He was found guilty of bringing notes into the examination room in violation of 10 Rule 138 RoC and of attempted cheating. He admitted having in his possession the paper that carried the table of penalties explaining that the paper fell from his pocket when he took his handkerchief from his pocket to wipe his perspiration. η η η Lawyer’s name may not be stricken off the roll of attorneys by reason of (1) alienage. (2) non-completion of the prescribed course of study or (3) bad moral character in the absence of clearly preponderant evidence that he did not possess necessary qualifications at the time of admission. full candor. No charges involving moral turpitude are filed against him/her or pending in court η Question of moral turpitude is for SC to decide.rem_law] [Paul_Sorino/Judy_Ripol.crim_law] [Vivian_Tan/Justin_Mendoza. η GOOD MORAL CHARACTER NOTES (Agpalo) Good Moral Character η No definition and criteria in law for “good moral character” η Moral character is what a person really is (corresponds to objective reality) while good reputation is the opinion generally entertained of him. intellectual honesty.civ_law] [Hya_Rafael/Mac_Macapagal.comm_law] [Ces_Sicangco/Rowena_Romero. and the strictest observance of fiduciary responsibility Good moral character is the absence of a proven conduct or act which has been historically and traditionally considered as a manifestation of moral turpitude. Not enough that conduct merely enables a person to escape the penalty of criminal law. Justice Felix Frankfurter: moral character = qualities of truth-speaking. RoC.poli_law] [Ascheia_Yumul.lectures] [Japee_DeLeon. His oath taking was deferred due to his previous DISCLOSURE OF INVOLVEMENT IN ANY CRIMINAL CASE [Lorybeth_Baldrias.labor_law] [Miguel_DeJesus. Which is why applicants are required to disclose any crime which they have been charged.deputy] [Rhudz_Raymundo. the act of concealment makes him/her unfit to be a lawyer.design] Bobbie_StaMaria. That the bar examination committee has passed upon the applicant’s qualification will not preclude judicial inquiry on the same question raised in disbarment. As he failed the exam that year he was disqualified from taking the 1975 bar exam.tax_law] .head] [Nayna_Malayang. and even if it does constitute an offense.  In re Al Argosino (1997) Al Argosino passed the 1993 bar examination. have been filed or pending in court in the Philippines η the concealment or withholding from the court of the fact that an applicant has been charged with or indicted for an alleged crime is a ground for disqualification a lawyer’s name may not be stricken off from the roll of attorneys by reason of alienage. The act or conduct showing moral turpitude need not amount to a crime. a conviction upon a criminal charge is not necessary to demonstrate bad moral character although it may show moral depravity. burden to overcome the prima facie showing shifts to those objecting his/her admission.  In re Amparo (1975) Amparo was caught reading piece of paper inside the examination room in the course of the 1974 bar exam in criminal law. But after having presente prima facie evidence. in fact. 5 NOTES (Agpalo) η an applicant must show that no charges against him involving moral turpitude.secretariat] [Dionne_Sanchez. a high sense of honor.legal_ethics] [Lianne_Gervasio.study law in a local school and follow the requirements of 5-6 Rule 138. non-completion of the prescribed course of study or bad moral character in the absence of clearly preponderant evidence that he did not. Even if the crime concealed does not involve moral turpitude. Concealment or withholding from the court information about charges and indictments is a ground for disqualification of applicant or for revocation of license. Burden of proof—complainant. possess the necessary qualifications at the time of his admission. η η η Applicant assumes burden of proof to establish qualifications in asking admission.printing] [Miles_Malaya.acads] [Jam_Jacob.

deputy] [Rhudz_Raymundo.printing] [Miles_Malaya. is entitled to practice law. NLRC ok.—In the court of a justice of the peace (now.head] [Nayna_Malayang. MTC) a party may conduct his litigation in person. otherwise NO 3 limitations: 1. Who may practice law. NOT IN ANY OTHER COURT η η Supreme Court can validly authorise layman to represent litigant in court a 6 Question: Can legislature can permit by law a layman to appear on another’s behalf in court or administrative tribunals. person/resident of good repute for probity and ability to aid defendant. administrative. To prove that he was of good moral character. a scholarship foundation in honor of the hazing victim. I will do no falsehood nor consent to its commission. locality where licensed member of bar is not available. layman should confine work to nonadversarial contentions 2. In the RTC and Appellate Courts.lectures] [Japee_DeLeon. the employment of a person acquainted with those rules becomes a necessity both to the litigants and to the Court. he presented 15 certifications of such and also submitted that he and his co-accused had established in cooperation with the victim’s family. The SC granted Argosino’s petition. And even if he has chosen to appear by counsel. a party may conduct his litigation personally or by aid of an attorney. I will not delay any man’s cause for money or malice and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the court as to my clients. he may at any time dispense with the services of his lawyer and prosecute or defend his case personally. When appearance by counsel not obligatory 1.design] Bobbie_StaMaria. So help me God. no attorney-client relationship exists. A party litigant needs the assistance of counsel in all proceedings.conviction for Reckless Imprudence Resulting to Homicide for the death of a neophyte during fraternity initiation in which he was one of the initiators. and his appearance must be either personal or by a duly authorized member of the bar. and I will impose upon myself this obligation voluntarily. not [Lorybeth_Baldrias. without any mental reservation or purpose of evasion. in cadastral courts. false or unlawful suit nor give aid nor consent to the same.poli_law] [Ascheia_Yumul. By whom litigation conducted. In a Municipal Trial Court.comm_law] [Ces_Sicangco/Rowena_Romero.acads] [Jam_Jacob.legal_ethics] [Lianne_Gervasio.tax_law] .crim_law] [Vivian_Tan/Justin_Mendoza. or hereafter admitted as such in accordance with the provisions of this rule. a party in a civil suit may conduct his litigation either personally or by attorney unless the party is a juridical person. a party may conduct his litigation in person or with the aid of a friend appointed by him for that purpose or with an aid of an attorney. habitual. Yes. and who is in good and regular standing. I will not wittingly or willingly promote or sue any groundless.—Any person heretofore duly admitted as a member of the bar. Sec 1. civil or criminal. 2. not charge for payment LAWYER’S OATH I _____ . 3. η Exception 3: Litigation by Party  Rule 138. NOTES (Agpalo) WHO ELSE MAY PRACTICE LAW General Rule: Only Members of the Bar  Rule 138. In any other court.secretariat] [Dionne_Sanchez. with the aid of an agent or friend appointed by him for that purpose. Exception 2: Agent NOTES (Agpalo) η Metropolitan/ Municipal Trial Court: one may be represented by an agent: In such cases. not habitually rendered 3. or with the aid of an attorney.civ_law] [Hya_Rafael/Mac_Macapagal. do solemnly swear that I will maintain allegiance to the RP: I will support and defend its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein.rem_law] [Paul_Sorino/Judy_Ripol. 34. Exception 1: Law Student Practice Rule  Rule 138-A—ANNEXED Necessity of representation by counsel η In a democratic and civilized country where the rights of a person are determined in accordance with established rules. Sec.labor_law] [Miguel_DeJesus.

Sec 1 (c) of Rule 115 provides that an accused may waive his right to counsel but if he cannot protect his rights without the assistance of a counsel. quasi-judicial or administrative tribunal.comm_law] [Ces_Sicangco/Rowena_Romero. He occupies a quasijudicial office because he is in fact an officer of the court and thus.deputy] [Rhudz_Raymundo.printing] [Miles_Malaya. as its own.head] [Nayna_Malayang.) - η - η [Lorybeth_Baldrias. η An attorney is more than a mere agent because a) he possesses special powers of trust and confidence reposed in him by his client CODE OF PROFESSIONAL RESPONSIBILITY NOTES (Agpalo) History of the Development of Ethical Standards for Lawyers η 13th and 14th century: Requirement of the lawyer’s oath and the statement of his duties η 1917: The Philippine Bar adopted. He is immune.e.lectures] [Japee_DeLeon. which are divided into 4 chapters namely: b) he is as independent as the judge c) his powers are entirely different and far superior to those of an ordinary agent. Privileges of attorney - A lawyer has the privilege and right to practice law during good behavior before any judicial. (1) (2) (3) (4) η The The The The Law and Society.) There are also privileges inherent in his status as a quasi-judicial officer. as its own. The Code consists of 22 Canons and 77 Rules. have been admitted to the Integrated Bar of the Philippines and remain members thereof of good standing.poli_law] [Ascheia_Yumul. An attorney enjoys the presumption of regularity in the discharge of his duty. in which case the trial court can appoint his counsel de oficio to represent him.crim_law] [Vivian_Tan/Justin_Mendoza. Lawyer and the Legal Profession. his option to secure the services of counsel de parte is not absolute. and passed the bar examinations. from liability to a third person insofar as he does not materially depart from his character as a quasi-judicial officer. η He is a public officer although he is not an officer in the constitutional or statutory meaning of the term. Canons 1 to 32 of the Canons of Professional Ethics of the American Bar Association.tax_law] . Canons 33 to 47 of the Canons of Professional Ethics of the American Bar Association 1980: The Integrated Bar of the Philippines adopted a proposed Code of Professional Responsibility which it later submitted to the Supreme Court for approval June 21. is subject to the disciplinary authority of the court and to its orders and directives with respect to his relation to the court as well as to his client. and it is they only who are authorized to practice law in the Philippines. having obtained the necessary degree in the study of law.rem_law] [Paul_Sorino/Judy_Ripol. 7 The Code is binding upon all lawyers and failure to live up to any of its provision is a ground for disciplinary action.Waiver to right of counsel in criminal proceedings η The right to counsel of an accused is absolute or immutable. (i. 1946: It again adopted. and Lawyer and the Clients.design] Bobbie_StaMaria. 1988: The Supreme Court promulgated the Code of Professional Responsibility. HOWEVER. (i. Nature of Office of Attorney η The title “attorney” is reserved to those who. in the performance of his obligation to his client.labor_law] [Miguel_DeJesus.acads] [Jam_Jacob. the law makes his passing the bar examination equivalent to a first grade or second grade civil service eligibility.civ_law] [Hya_Rafael/Mac_Macapagal.legal_ethics] [Lianne_Gervasio.e. Lawyer and the Courts. The trial court may restrict his option to retain a counsel de parte if a) the accused insists on an attorney he cannot afford b) chosen counsel is not a lawyer or c) the attorney declines to represent the accused for a valid reason. the Court should advise him to secure a counsel de parte or appoint a counsel de officio to represent him.secretariat] [Dionne_Sanchez.

and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.acads] [Jam_Jacob. for any corrupt motive or interest. takes precedence over his duties to himself. A lawyer shall not. and such defenses only as he believes to be honestly debatable under the law.printing] [Miles_Malaya.civ_law] [Hya_Rafael/Mac_Macapagal. which he owes to the court. but by due process of law. unless required by the justice of the cause with which he is charged. Rule 1.lectures] [Japee_DeLeon.tax_law] . To counsel or maintain such actions or proceedings only as appear to him to be just. which he owes.legal_ethics] [Lianne_Gervasio. His obligation to his client.labor_law] [Miguel_DeJesus.  Zaldivar v.  The rules and ethics of the legal profession demand that an attorney subordinate his personal and private duties to those.rem_law] [Paul_Sorino/Judy_Ripol. obey the laws of the land and promote respect for law and legal process. The duties may also be classified into public (operating as a faithful assistant of the court in search of a just solution to disputes).02.01. for the purpose of maintaining the causes confided to him. and personal obligations (an attorney operating as a self-employed businessman). Rule 1. To observe and maintain the respect due to the courts of justice and judicial officers. or delay any man's cause. 8 a) b) c) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines. To employ. Never to reject. the cause of the defenseless or oppressed.comm_law] [Ces_Sicangco/Rowena_Romero.design] Bobbie_StaMaria. to present every defense that the law permits.crim_law] [Vivian_Tan/Justin_Mendoza. Gonzales (1988) F: The SC indefinitely suspended Tanodbayan Raul Gonzales form the practice of law upon a finding that he was guilty of contempt of court and of gross misconduct as an officer of the court and member of the Bar. In the defense of a person accused of crime. 20. to the public.04.03. and to accept no compensation in connection with his client's business except from him or with his knowledge and approval.Duties of Office  Rule 138. A lawyer shall encourage his clients to avoid. Rule 1. immoral or deceitful conduct. such means only as are consistent with truth and honor. A lawyer shall uphold the constitution. A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal profession. in turn. to the court and to the public. and at every peril to himself. end or settle a controversy if it will admit of a fair settlement. dishonest. regardless of his personal opinion as to the guilt of the accused. To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness. for any consideration personal to himself. to preserve the secrets of his client. Rule 1. by all fair and honorable means. sec. private (an attorney  [Lorybeth_Baldrias.” that he was approached and asked to refrain from investigating the COA reports on illegal g) h) i) Note:  The duties of an attorney may be classified into those.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.--It is the duty of an attorney: of operating as a trusted agent of his client). which were unrelated to legal issue: that he was twice approached by a leading member of SC to “go slow” on the accused and “not to be too hard. from any corrupt motive or interest. d) Chapter 1 The Lawyer and Society CANON 1 PROMOTE & PROCESSES RESPECT LAW & LEGAL e) f) In General  Canon 1.head] [Nayna_Malayang. to the end that no person may be deprived of life or liberty. to the bar and to his client. Duties attorneys. Gonzales filed a motion for reconsideration which made the following statements. encourage any suit or delay any man’s cause. To maintain inviolate the confidence. A lawyer shall not engage in unlawful.poli_law] [Ascheia_Yumul. Not to encourage either the commencement or the continuance of an action or proceeding.

the disciplinary powers of SC is broader in scope than the power to punish for contempt since it may cover any misconduct other than contempt. the nature and manner of Gonzales’ criticism exceeded the bounds of decency and propriety.civ_law] [Hya_Rafael/Mac_Macapagal. There is no antimony between free expression and the integrity of the system of administering justice. it is exercising its powers. However.tax_law] .01.printing] [Miles_Malaya. The power to punish for contempt and power to discipline attorneys are two inherent powers of the Court. so long as he admits paternity.acads] [Jam_Jacob.secretariat] [Dionne_Sanchez. a lawyer’s right of free expression may have to be more limited than that of a layman. Moreover. With respect to lawyers.poli_law] [Ascheia_Yumul. lawyers must not only in fact be of good moral character but must also be seen to be of good moral character. voluntarily carried on and devoid of any deceit on the part of the lawyer. engage in unlawful. As officers of the court. immoral or η η η η [Lorybeth_Baldrias. It is also an inherent power incidental to the proper administration of justice and essential to an orderly discharge of judicial functions. he owes duties of fidelity and respect to RP and SC more than a private lawyer. Both are indispensable to a free society. constitute a crime. RULE 1.rem_law] [Paul_Sorino/Judy_Ripol. may act as offended party. it is enough that the act charged. A lawyer shall not dishonest. Moreover. in the language of the law. which includes authority to regulate the practice of law. On Gonzales’ principal defense of freedom of speech: Freedom of expression and of speech is not absolute and needs an occasion to be adjusted to and accommodated with the requirements of equally important public interests—one of which is the maintenance of the integrity and orderly functioning of the administration of justice. to some extent.comm_law] [Ces_Sicangco/Rowena_Romero.deputy] [Rhudz_Raymundo. Although the Court. It is not necessary that there be prior conviction for a lawyer’s act to be grossly immoral.disbursements in the SC. as special prosecutor. deceitful conduct. This is not dependent upon the complaint of any of the parties.labor_law] [Miguel_DeJesus. The question as to whether an act is so unprincipled or so disgraceful as to be reprehensible to a high degree presents a more difficult problem for the answer may. the SC has power to punish for contempt anyone connected with a case at bar to protect it from improper interference with due administration of justice. It is neither purely civil nor purely criminal since it is an investigation as to whether the attorney is still fit to be allowed the privilege as such. Even if evidence is not sufficient to hold lawyer liable for gross immorality. reprimand may be proper where evidence shows failure to comply with rigorous standards of conduct appropriately required from the members of the Bar and officers of the court. Cohabitation per se is not immoral. The power to punish for contempt however may apply to both lawyers and non-lawyers. depending on surrounding circumstances. Besides. in deciding Gonzales’ case. is neither so corrupt nor unprincipled as to warrant imposition of disciplinary sanction. (ex. depend upon the prejudice. IMMORAL OR DECEITFUL CONDUCT 9  Rule 1. disciplinary proceedings are sui generis (one of its kind). caprice and bias of the court and the general concept of morality prevailing at the time. either of whom possesses no legal impediment to marry.design] Bobbie_StaMaria. This authority stems from the Court’s constitutional mandate to regulate admission to the practice of law.crim_law] [Vivian_Tan/Justin_Mendoza.01 NO UNLAWFUL.lectures] [Japee_DeLeon. that he was called over the phone several times by a leading member of SC and was asked to dismiss cases against two members of SC. The Court held that: H: The SC has plenary disciplinary authority over attorneys.legal_ethics] [Lianne_Gervasio. Public interest is its primary objective. Gross immorality η A grossly immoral act is one that is so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree. Adultery) η Mere intimacy between a man and a woman. Disowning child or refusing to support it may be ground for disciplinary action. As held in In Re Almacen. NOTES (Agpalo) Unlawful conduct η act or omission which is against the law Dishonest act η act of lying or cheating Immoral or deceitful conduct η one that involves moral turpitude.head] [Nayna_Malayang. even if the woman gives birth to a child. prosecutor and arbiter at the same time. DISHONEST.

η In general. which under Sec. or good morals.printing] [Miles_Malaya. Court also noted that disbarment is not tantamount to a deprivation of property without due process of law. honorable and reliable. contrary to the accepted rule of right and duty between man and man.deputy] [Rhudz_Raymundo. The purpose of a proceeding for disbarment is “to protect the administration of justice by requiring that those who exercise this important function shall be competent. are burdened with a higher degree of social responsibility and thus must handle their personal affairs with grater caution. honesty. etc. honesty. Disciplinary proceedings involve no private interest and afford no redress for private grievance. Furthermore. modesty. upon acquiring such knowledge. unworthy of public confidence and devoid of high sense of morality and fair dealing expected and required of a member of the bar. Furthermore lawyers.civ_law] [Hya_Rafael/Mac_Macapagal. honesty. or conduct contrary to justice.labor_law] [Miguel_DeJesus. Calis’ was found guilty of gross misconduct by engaging in unlawful.acads] [Jam_Jacob.secretariat] [Dionne_Sanchez. Moral turpitude “includes everything which is done contrary to justice. or to society in general. vileness. Martinez (2004) Violation of BP 22 is a crime involving moral turpitude. modesty or good morals Conduct η as used in this rule is not limited to conduct exhibited in connection with the performance of professional duties. The respondent was imprudent in the sense that she should have investigated the fact that the man with whom she had relations was married.lectures] [Japee_DeLeon.. honesty or morality in a civilized community involve moral turpitude. It is the bounden duty of lawyers to adhere unwaveringly to the highest standards of morality. He squandered away 7 years to have his day in court. These acts constitute a willful disobedience of the lawful orders of the Court. as keepers of public faith. the fact that she distanced herself from him shows that she displayed no moral indifference. falsifying power of attorney to collect money. cut off all ties with him) did not constitute immoral conduct sufficient for her disbarment. Nevertheless.. or good morals”. They are prosecuted solely for the public welfare and for preserving courts of justice from the official ministrations of persons unfit to practice them. all crimes of which fraud or deceit is an element or those which are inherently contrary to rules of right conduct. (ex. contrary to the accepted and customary rule of right and duty between man and woman.  Barrios v. The Ratio decidendi of the Court is that the requisite of good moral character in the admission to the practise of law must be continuous as a requirement to the enjoyment of the privilege of the practise of law.tax_law] .” A proceeding for disbarment is not in any sense a civil action.head] [Nayna_Malayang. The Court emphasized that the practise of law is a privilege which can be revoked once a lawyer violates his oath and that the dictates of legal ethics and the requisite of good moral character in the admission to the practise of law must be continuous as a requirement to the enjoyment of the privilege of the practise of law.crim_law] [Vivian_Tan/Justin_Mendoza. or to any act of vileness.design] Bobbie_StaMaria.  Ui v. misappropriating money. The [Lorybeth_Baldrias. Bonifacio (2000) The SC found that the imprudence of an attorney who married a man already previously married (without initially knowing that he was in fact married but.) (Aguirre) Immoral Conduct η that which is willful.legal_ethics] [Lianne_Gervasio. flagrant or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community.Conviction of a crime involving moral turpitude η Moral turpitude means anything which is done contrary to justice.poli_law] [Ascheia_Yumul. or depravity in the private duties which a man owed his fellowmen.rem_law] [Paul_Sorino/Judy_Ripol. immoral or deceitful conduct for deceiving Sebastian that he 10 Moral Turpitude η includes any act done contrary to justice.  Sebastian v Calis (1999) Atty. It involves an act of baseness. dishonest. 27 of Rule 138 is in itself a cause sufficient for disbarment. modesty. the Court held took notice of the fact that it took an inordinate length of time for the respondent to responding to the Court’s requirement that he submit his Comment on the original petition to disbar him. honesty. The act of a lawyer in issuing a check without sufficient funds to cover the same constitutes such willful dishonesty and immoral conduct as to undermine the public confidence in law and lawyers. Fraudulent transactions η Commission of fraud or falsehood show that the lawyer is unfit to manage the legal business of others.comm_law] [Ces_Sicangco/Rowena_Romero. baseness or depravity in the private and social duties that a man owes his fellowmen or to society. modesty or good morals.

 Castillo vda Mijares v Villaluz (1997) SC found Justice Villaluz guilty of deceitful and grossly immoral conduct for marrying Judge Castillo despite having previously been married and then subsequently marrying a third woman.acads] [Jam_Jacob. BP 22 for example. the issuance of a series of bad checks and the taking of undue advantage of his position in the aforementioned government office. The plenary pardon does not itself warrant reinstatement.poli_law] [Ascheia_Yumul. is sufficient ground for finding an attorney guilty of moral turpitude and thus subject to administrative proceedings. voluntarily carried on and devoid of any deceit on the part of the respondent. The Court held that grossly immoral conduct is one that is so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree.could provide her with working travel papers to the US.head] [Nayna_Malayang. as proven by the years of their amicable and intimate relations.comm_law] [Ces_Sicangco/Rowena_Romero.civ_law] [Hya_Rafael/Mac_Macapagal. Grecia was guilty of violating Canon 1 by surreptitiously tearing of two pages of medical records which were evidence in a case he was handling.secretariat] [Dionne_Sanchez. is neither so corrupt nor so unprincipled as to warrant the imposition of disciplinary sanction against him. Mere intimacy between a man and a woman. Maniwang (1981) 11   [Lorybeth_Baldrias. Barranco (1997) Atty. The SC found however that he had regained the trust of his fellow lawyer and thus was readmitted into the practice of law.lectures] [Japee_DeLeon. evidence of reformation must first be present.legal_ethics] [Lianne_Gervasio. Gonzales (1990) The purchase by a lawyer of his client’s property in litigation constitutes a breach of professional ethics for which a disciplinary action may be brought against him that he expressly violated the law prohibiting a lawyer from acquiring his client’s property involved in any litigation in which he may take part by virtue of his profession (1491 CC) By failing to disclose to his client that a land had already been sold at a public auction prior to the execution of a land development agreement. Arciga v. Gonzales acted in willful disregard of his solemn duty as a lawyer to act at all times in a manner consistent with the truth.  Bautista v.  Fernandez v Grecia (1993) Atty. both of whom possess no impediment to marry. The acts were consensual. The President then granted plenary pardon.tax_law] . promised that he would marry her after he passed the bar but then married another woman.deputy] [Rhudz_Raymundo. the pardon of the crime for which the attorney had been convicted bars the administrative proceeding.  Cordova v Cordova (1989) The reconciliation between the Atty. Vailoces was guilty of falsification of public documents. even if as a result of such relationship a child is born out of wedlock.printing] [Miles_Malaya.design] Bobbie_StaMaria.”  In re Vailoces (1982) Plenary pardon does not of itself warrant reinstatement.crim_law] [Vivian_Tan/Justin_Mendoza. husband and his wife who had initiated the administrative proceedings against him for engaging in an adulterous and clearly immoral relationship does not “wipe away the misconduct and immoral behavior.  Co v Bernardino (1998) The SC found Bernardino guilty of violation of Rule 1.labor_law] [Miguel_DeJesus.01 of the Code for procuring personal loans through insinuations of his power as an influence peddler in the Bureau of Customs. By submitting falsified documents wherein 2 signatories were made to appear as having fixed their signatures. Lisazo v Amante (1991) Despite there being not attorney-client relationship between Lisazo and Amante. Barranco was not disbarred despite the fact that he had sexual congress with Patricia Figueroa with whom he begot a child.  People v Tuanda (1989) A conviction for violating a special law.  In re Lontok (1992) Lontok was convicted of bigamy but was issued a pardon by the Governor General. the SC found Atty.rem_law] [Paul_Sorino/Judy_Ripol. Gonzales failed to live up to the rigorous standards of ethics of the law profession which place a premium on honesty and condemn duplicitous conduct. Amante guilty of malpractice and dishonesty in his profession for failing to return Lisazo’s money despite repeated demands. The SC held that where disbarrment proceedings depend solely on a conviction for violation of a statute.  Figueroa v.

A lawyer shall not. integrity and authority of the members of the Supreme Court. an organization intending to evade the practice of law.crim_law] [Vivian_Tan/Justin_Mendoza. As a general rule the SC will not assume jurisdiction over one of its officers when the alleged misconduct was performed in his personal capacity. or to breed litigation by seeking out claims of personal injuries or those having any other grounds of action in order to secure them as clients.deputy] [Rhudz_Raymundo. Among the unprofessional acts that are prohibited include: volunteering advice to bring lawsuit (except when ties of blood.acads] [Jam_Jacob. that 3 justices of Sandiganbayan made their bias [Lorybeth_Baldrias. NO COUNSELING TO DEFY LAW  Rule 1. Ratio Decidendi: The Supreme Court will not denounce criticism made by anyone against the Court for. Sandiganbayan (2003) The SC indefinitely suspended Atty. employing agents η  Estrada v. in liberally imputing sinister and devious motives and questioning the impartiality.03 NO TO ENCOURAGING PROCEEDINGS LAWSUITS OR 12  Rule 1.poli_law] [Ascheia_Yumul. Abordo was duped into buying fake opium. but it will not countenance any wrongdoing nor allow the erosion of our people’s faith in the judicial system. NOTES (Agpalo) η Rule 1. administrative proceedings cannot be automatically barred. obstruct and pervert the dispensation of justice. He sought the help of police authorities to recover his money (what an idiot!). He should not allow his services to be engaged by an organization whose member as violating the law. Paguia for making claims that the justices of the Supreme Court have been participating in partisan political activity and have prejudged a case that will assail the legality of an act done by President Arroyo. who will be removed from office for gross misconduct not connected w/ his professional duties. and insist on similar conduct by others. to defend them when they get caught.02.02. or trust make it his/her duty to do so). When the pardon is conditional and merely remits the unexecuted portion of the penalty.comm_law] [Ces_Sicangco/Rowena_Romero. RULE 1.head] [Nayna_Malayang.The SC found that Atty Maniwang should not be disbarred despite having engaged in repeated acts of cohabitation with Arciga which resulted in the birth of their son and then having married another woman despite promises that he would marry Arciga. The exception is the atty.02 of the Code of Professional Responsibility prohibits a member of the bar from making public statements on a case that may tend to arouse public opinion for or against any party. if well founded can truly have constructive effects in the task of the Court.legal_ethics] [Lianne_Gervasio. relationship. encourage any suit or delay any man’s cause.03. that Estrada v Arroyo is a patent mockery of justice and due process. Rule 13. hunting up defects in titles or other causes of action and informing thereof in order to be employed to bring suit or collect judgment.printing] [Miles_Malaya.tax_law] . With already an earlier admonition. Paguia is indefinitely suspended for conduct unbecoming of a lawyer.secretariat] [Dionne_Sanchez. RULE 1.  In re Gutierrez (1962) Gonzales was convicted of murder but was then granted conditional pardon by the President.labor_law] [Miguel_DeJesus.design] Bobbie_StaMaria.  Piatt v Abordo (1933) Atty. let alone.02 requires that the lawyer should not promote an organization known to be violating the law nor assist it in a scheme which he knows is dishonest.civ_law] [Hya_Rafael/Mac_Macapagal.rem_law] [Paul_Sorino/Judy_Ripol. by those who have been privileged by it to practise law in the Philippines. Paguia. A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal profession. succeeded in seeking to impede. manifest and are impartial against his client. NOTES (Agpalo) η To stir up litigation is a crime known as “maintenance” at common law.lectures] [Japee_DeLeon.  In re Terell (1903) Terrel was found guilty of malpractice or gross misconduct for assisting in the establishment and acting as counsel for the Centro Bellas Artes Club. The Court held that Canon 11 of the Code of Professional Responsibility mandates that a lawyer should observe and maintain the respect due to the courts and judicial officers. for any corrupt motive or interest.

labor_law] [Miguel_DeJesus.design] Bobbie_StaMaria. The problem of conflict of interests must be resolved against self-interest. His act evinces vindictiveness. The purpose of prohibiting these acts is to prevent ambulance chasing (solicitation of almost any kind of legal business by laymen employed by an attorney for the purpose or by the attorney himself).deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez. RULE 1. Madroño was dismissed from the judiciary and his retirement benefits were forfeited. A lawyer shall encourage his clients to avoid.tax_law] . supports perjury. Atty. purchasing notes to collect them by litigation at a profit.crim_law] [Vivian_Tan/Justin_Mendoza. Another case was filed by the assistant provincial prosecutor against the judge for reducing bail in a criminal case without notice to the prosecution. He/she must act as mediator for compromise rather than an instigator and conflict. initiating a meeting of the members of club and inducing them to organize and contest legislating under his/her guidance.  Castaneda v Ago (1975) Atty. 13 H: Atty. end or settle a controversy if it will admit of a fair settlement. A lawyer may be disciplined for any conduct.  Saburnido v. Canon 7 of the Code of Professional Responsibility commands all lawyers to. the sick and the injured. Spouses Saburnido filed this administrative complaint for disbarment against Atty. Venustiano Saburnido had filed charges of grave threats and acts unbecoming a member of the judiciary against Madroño for pointing a high-powered firearm at him and for allowing other persons to take confiscated smuggled goods deposited in his court. They alleged that respondent has been harassing them by filing numerous complaints against them as well as acts of dishonesty.acads] [Jam_Jacob.lectures] [Japee_DeLeon. the former judge filed 4 charges against the spouses namely: serious irregularity. at all times.head] [Nayna_Malayang. that renders him unfit to continue to be an officer of the court.legal_ethics] [Lianne_Gervasio. a decidedly undesirable trait whether in a lawyer or another individual. NOTES (Agpalo) η The function of a lawyer is not only to conduct litigation but to avoid it where possible. Madrono (2001) F: Respondent Madroño was a judge of the Municipal Circuit Trial Court.or runners or agents for like purposes. under the guise of giving disinterested friendly advice. in his professional or private capacity. Florante Madroño should be not be disbarred but he does merit a suspension of 1 year. It is not primarily intended as a punishment but as a means to protect the public and the legal profession.rem_law] [Paul_Sorino/Judy_Ripol. Madroño. the defrauding of innocent persons by judgments. paying reward (directly or indirectly) to those who bring or influence in bringing such cases to his office. searching unknown heirs and soliciting their employment of him.civ_law] [Hya_Rafael/Mac_Macapagal. Luison was found guilty of instigating controversy and being a predator of conflict for maneuvering for 14 years to doggedly resist the execution of the court’s decision thru manifold tactics from one court to another.poli_law] [Ascheia_Yumul. Ambulance chasing is prohibited because it stirs up litigation with resulting burdens on courts and the public.04 ENCOURAGE CLIENT CONTROVERSY TO AVOID  Rule 1. by advising settlement or withholding suit. In retaliation. falsification. Prior to the present case. court or prison officials. uphold the dignity and integrity of the legal professional. upon manufactured causes of actions and the defrauding of injured persons having proper causes of action but ignorant of legal rights and court procedure by means of contracts which retain exorbitant expenses and by settlement made for quick returns of fees against the rights of the injured persons. SPECIAL RULES WITH RESPECT TO NOTARIAL PRACTICE [Lorybeth_Baldrias. to seek professional services. hospital attaches or others who may succeed. furnishing credit reports in expectation of possible employment. Suspension is a sufficient sanction against respondent. What sometimes beclouds a lawyer’s judgment as to what is best for his client is his/her eye on the attorney’s fees which are often considerably less when the cause is amicably settled.printing] [Miles_Malaya. evasion thru negligence and violation of the Omnibus Code. Madroño’s act of filing multiple complaints against the Saburnidos reflects on his unfitness to be a member of the legal profession. in influencing the criminal.comm_law] [Ces_Sicangco/Rowena_Romero. the ignorant or others. Clearly. For these charges. rewarding policemen. The supreme penalty of disbarment is meted out only in clear cases of misconduct that seriously affect the standing and character of the lawyer as an officer of the court. physicians.04. agreeing with a purchase of future interests to invest therein in consideration of his services.

labor_law] [Miguel_DeJesus. The spirit of public CANON 2 PROVIDE EFFICIENT LEGAL SERVICES AND CONVENIENT [Lorybeth_Baldrias. Montalvan) Notarization is not an empty.e. respondent should have been more discreet and cautious in the execution of his duties as such and should not have wholly entrusted everything to the secretaries.printing] [Miles_Malaya. Atty. he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter’s rights.01. A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant. The SC found that he was not licensed as a notary during this entire time. Rule 2.. i.rem_law] [Paul_Sorino/Judy_Ripol.04.crim_law] [Vivian_Tan/Justin_Mendoza. The Court held that a notary public should not authenticate documents unless the persons who signed them are the very same persons who executed them and personally appeared before them to attest to the contents and truth of what are stated therein. except for valid reasons. Guidelines Governing the establishment and Operation of Legal Aid Office.01. A wide gap between the need for legal services and its satisfaction exists for two reasons: (1) poverty and the inability to pay. 2004 Rules on Notarial Practice— ANNEXED  Spouses Santuyo v. meaningless and routinary act. Gregorio Ariola from the practice of law for violating Rule 1. A lawyer shall not do or permit to be done any act designed to primarily solicit legal business.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo. A lawyer shall not reject. Hidalgo (2005) The SC found a notary public negligent in his duty for allowing office secretaries to perform his notarial functions. Rule 2. making it admissible in evidence without the necessity of preliminary proof of its authenticity and due execution. for which reason it is a public responsibility of the Bar.02.01 of Canon 1 by notarizing an SPA purportedly executed by a certain Benitez at a time when Benitez was already dead.”  Sicat v.03.legal_ethics] [Lianne_Gervasio.design] Bobbie_StaMaria. (2) ignorance of the need and where to find a competent and dependable lawyer.acads] [Jam_Jacob. It converts a private document into a public instrument. Viray (1999) The SC found Victor Nunga’s acts to sufficiently constitute grounds for suspension. safekeeping of his notarial dry seal and notarial register. Rule 2. Legal aid is not a matter of charity.lectures] [Japee_DeLeon.comm_law] [Ces_Sicangco/Rowena_Romero.  Flores v Chua (1999) The SC found attorney Chua liable for misconduct (1) for notarizing a document that had not been signed in his presence then passing of the document to the signatory’s widowed wife as a legitimate document.poli_law] [Ascheia_Yumul. 14 RULE 2. A lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence.civ_law] [Hya_Rafael/Mac_Macapagal. integrity and effectiveness of the profession. the cause of the defenseless or the oppressed. The Court held that “considering that the responsibility attached to a notary public is sensitive. otherwise he should not have been commissioned as notary public. (Zaballero v. In such cases. There is also the fear that technicalities of the law will cause delay and the fear of lawyers who overcharge η Legal services should be available not only to those caught up in litigation but those who need advice to avoid litigation. Ariola (2005) The SC disbarred Atty.01 NOT TO REJECT OR OPPRESS DEFENSELESS OR OPPRESSED THE  Rule 2. the cause of the defenseless or the oppressed. He acted as a public notary in a transaction where a house (owned by a bank to which he was stockholder and legal counsel) was sold without bidding to his son and was then mortgaged.secretariat] [Dionne_Sanchez.  Sec 1 Art 1 IBP Handbook. Rule 2.  Canon 2. NOTES (Agpalo) η The necessity and the right to legal representation give rise to the correlative duty of lawyers to make efficient legal services conveniently available.  Nunga v. A lawyer shall not reject. even if the lawyer does not accept a case. It is a means for the correction of social imbalance that may and often do lead to injustice. except for valid reasons.tax_law] . (2) Misrepresenting himself as counsel through prematurely publishing a portion of a questionable decision on appeal.

acads] [Jam_Jacob. NOTES (Agpalo) η A valid reason to refuse is when the lawyer is is not in a position to carry out the work effectively and competently. η This rule stems from one of the obligations incident to the status and privileges of a lawyer which is to represent the poor and the oppressed in the prosecution of their claims or the defense of their rights. either personally or through paid agents or brokers. who was appointed Election Registrar of his municipality was not excused from acting as counsel in criminal proceedings that had started that same year.02. Its objective is to provide on a nationwide basis legal services in favor of the poor segment of society. rendering legal advice to the prospective client will establish an attorneyclient relationship between them and this will constitute a violation of the rule prohibiting a lawyer from representing conflicting interests. the Constitution blessed the accused with the right to be heard by himself and by counsel. In the case mentioned above.04 NO RATES OTHER THAN [Lorybeth_Baldrias.crim_law] [Vivian_Tan/Justin_Mendoza. especially such as where the defendants are indigent. The fact that his services were rendered without renumeration should not occasion a diminution of his zeal. Their policy is that legal aid is not a matter of charity.printing] [Miles_Malaya. rewards a person or organization for having made a recommendation that resulted in his employment by a client. However he shall still render legal advice (such as those pertaining to preliminary steps a person can take). This manifests the indispensible role of a lawyer in the defense of the accused. A lawyer shall not do or permit to be done any act designed to primarily solicit legal business. which makes it a public responsibility of the Bar.  Rule 14. even if the lawyer does not accept a case.rem_law] [Paul_Sorino/Judy_Ripol. The practice of soliciting cases at law for the purpose of gain. sec.tax_law] . NOTES (Agpalo) η This is a prohibition on professional flaunting. 15 RULE 2.legal_ethics] [Lianne_Gervasio. The Integrated Bar of the Philippines through its Committee on Legal Aid has established legal aid offices throughout the country.03.secretariat] [Dionne_Sanchez.design] Bobbie_StaMaria.service should. But he shall refrain from giving legal advice if the reason for not accepting the case is that there involves a conflict of interest (between him and a prospective client or between a present client and a prospective client). Most importantly.poli_law] [Ascheia_Yumul. A member of the bar may be disbarred or suspended from his office as attorney by the SC for any… malpractice…. associate.civ_law] [Hya_Rafael/Mac_Macapagal.labor_law] [Miguel_DeJesus.head] [Nayna_Malayang.03 NO SOLICITATION  Rule 2. The same should be administered to indigent and deserving members of the community on all cases. A lawyer may not refuse to accept representation of an indigent unless: (a) he is in no position to carry out the work effectively or competently or (b) he labours under a conflict of interest between him and the prospective client or between a present client and the prospective client  Ledesma v Climaco (1974) Ledesma. The court is empowered to require a lawyer to render legal service (to designate him/her as counsel de oficio for an accused if the latter is unable to employ counsel de parte). 27. In such cases. a lawyer may be required to act as a counsel de oficio. η RULE 2 NOT TO REFUSE TO GIVE LEGAL ADVISE RULE 2. underlie all legal aid offices. constitutes malpractice.  Rule 138. matters and situations in which legal aid may be necessary to forestall an injustice. to avoid the frustration of the case.deputy] [Rhudz_Raymundo.03.lectures] [Japee_DeLeon. therefore. or member of his legal staff to a non-lawyer who has not sought his legal advice regarding employment of a lawyer or lawyers who pay a person or organization to recommend or secure their employment of a client. Examples of such are lawyers who recommend their employment or the employment of a partner. he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter’s rights.comm_law] [Ces_Sicangco/Rowena_Romero. NOTES (Agpalo)  Rule 2. Moreover. It is a means for the correction of social imbalance that may and often do lead to injustice.

poli_law] [Ascheia_Yumul.04. lawyers should employ methods compatible with the traditional dignity and in the maintenance of correct professional standards. not his own initiative). associations. RULE 3. Rule 3. NOTES (Agpalo) η What the rule prohibits is the competition in the matter of charging professional fees for the purposed of attracting clients in favor of the lawyer who offers lower rates. teaching positions. FAIR AND DIGNIFIED  Canon 3. Where a office.crim_law] [Vivian_Tan/Justin_Mendoza.secretariat] [Dionne_Sanchez. phone numbers. A lawyer shall not use or permit the use of any false. no false. branches of law practised. Instead. partner accepts public from the firm and his from the firm name him to practice law Rule 3.03.labor_law] [Miguel_DeJesus.civ_law] [Hya_Rafael/Mac_Macapagal.deputy] [Rhudz_Raymundo. fraudulent.comm_law] [Ces_Sicangco/Rowena_Romero.01. references and regularly represented clients must be published for that purpose. may publish a brief and dignified announcement to lawyers (law list. working in a public office (which can be filled only by a lawyer).04. corruption. degrees and distinctions. authorships. telephone directory (but not under designation of special branch of law). if enter into other businesses (which are not inconsistent with lawyer’s duties) then it is advisable that they be entirely separate and apart such that a layman could distinguish between the two functions. associates. legal fraternities and societies. HONEST. schools and dates attended.lectures] [Japee_DeLeon.01. self-laudatory.head] [Nayna_Malayang.tax_law] . A lawyer in making known his legal services shall use only true. simple professional card. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased. birthday. lessens ability to render high character of service. those acts incidental to his practise (ie. law journal). fraudulent. change of firm. self- η Although advertising is not really malum in se here are some reasons why it is prohibited: member of honourable [Lorybeth_Baldrias.01. or unfair statement or claim regarding his qualifications or legal services.printing] [Miles_Malaya. day admitted to the bar.legal_ethics] [Lianne_Gervasio. publication of simple announcement of opening of law firm. misleading. commercialises the profession. Rule 3. A lawyer shall not use or permit the use of any false. write articles for publication giving information upon the law (and not individual rights or advising through column/ TV broadcast.rem_law] [Paul_Sorino/Judy_Ripol. lest such be considered indirect advertising). misleading or assumed name shall be used. NOTES (Agpalo) Exceptions to this rule (i. undignified.02. undignified. if in media. attacks on marital stability. “advertising” which is either expressly allowed or necessarily implied by restrictions) are the following: publication in reputable law list with brief biographical and other informative data which may include name. full time position as corporate counsel.e. In the choice of a firm name.design] Bobbie_StaMaria. A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of. 16 η CANON 3: INFORMATION ON LEGAL SERVICES THAT IS TRUE.acads] [Jam_Jacob.CUSTOMARILY CHARGED  Rule 2. address. if acting as an associate (specialising in a branch of law). assertion of fraudulent claims. profession primarily for public service. involves self-praise and puffing (conscientious and ethical are at the mercy of braggarts). A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant. an ordinary. The rule does not prohibit a lawyer from charging a reduced fee or none at all to an indigent or to a person who would have difficulty paying the fee usually charged for such services. different from shopkeeper who advertises to have private gain. publicity to attract legal business. he shall withdraw name shall be dropped unless the law allows concurrently. lowers public confidence. Rule 3. or in return for. fair. honest. deceptive. dignified and objective information or statement of facts. misleading. NO FALSE OR UNFAIR CLAIM REGARDING QUALIFICATIONS  Rule 3. Best advertising is a well-merited reputation for professional capacity. may increase lawsuits and results in needless litigation. deceptive.

this rest on the fundamental postulate that the practice of law is a profession. It works against the confidence of the community and it results in needless litigation.legal_ethics] [Lianne_Gervasio. when it will afford convenient and beneficial information to lawyers desiring to obtain such service. and some times of convenience is not per se improper. [Lorybeth_Baldrias. The exceptions are of two broad categories. The lawyer may not sell or obtain employment himself or through others for to do so would be unprofessional.  Sec 27 Canon of Professional Ethics.printing] [Miles_Malaya. inserted in legal periodicals and like publications. Indirect advertisement for business by furnishing or inspiring newspaper comments concerning the manner of their conduct. Notice of specialized service—Where a lawyer is engaged in rendering a specialized legal service directly and only to other lawyers. dignified and objective information or statement of facts.01 refers itself back to the rather outdated Canon of Professional Ethics. defy the traditions and lower the tone of our high calling and are intolerable. 27 of the Code of Professional Ethics states that the most worthy and effective advertisement possible. is the establishment of a well-meritted reputation for professional capacity and fidelity to trust. is the establishment of a well-merited reputation for professional capacity and fidelity to trust. Stirring up strife and litigation is not only unprofessional but is indictable at common law. which are expressly allowed.crim_law] [Vivian_Tan/Justin_Mendoza.head] [Nayna_Malayang. being a matter of personal taste or local custom.acads] [Jam_Jacob. Not all types of advertising or solicitation are prohibited. (Prof. The first of such exceptions is the publication in reputable law lists. and all other like self-laudation. 17  Ulep v Legal Clinic (1993) supra at introduction The Code of Professional Responsibility provides that a lawyer in making known his legal services shall use only true. the importance of the lawyer’s position.design] Bobbie_StaMaria. he wrote a letter to the barrio lieutenant informing him that we would continue his practice as lawyer and asking that the lieutenant transmit this information to the barrio. But solicitation of business by circulars or advertisements. and all other like self-laudation. The law is a profession and not a business. defy the tradition and lowers the tone of the high calling are intolerable. the importance of the lawyer’s position.laudatory.  Sec 46 Canon of Professional Ethics.lectures] [Japee_DeLeon.secretariat] [Dionne_Sanchez. the magnitude of the interests involved. and one of the penalties for this offence was disbarment. or by personal communication or interviews not warranted by personal relations is unprofessional. The standards of the legal profession condemn the lawyer’s advertisement of his talent. and especially with his brother lawyers.comm_law] [Ces_Sicangco/Rowena_Romero. and those.tax_law] . Canon 28 further provides that it is unprofessional for a lawyer to volunteer advice to bring a lawsuit. which are necessarily implied from the restrictions. NOTE: The explication of the Canon 3. honest. but must be the outcome of character and conduct. Advertising. is not improper. The lawyer degrades himself and his profession who stoops to and adopts the practices of mercantilism by advertising his services or offering them to the public. Jardeleza):  In re Tagorda (1929) H: Sec. Lawyers should not resort to indirect advertisements for professional employment.civ_law] [Hya_Rafael/Mac_Macapagal. even for a young lawyer.deputy] [Rhudz_Raymundo. This cannot be forced but must be the outcome of character and conduct. except where ties of blood. It is destructive of the honour of a great profession. a brief. Indirect advertisement for business by furnishing or inspiring newspaper comments concerning the manner of their conduct. After his election.labor_law] [Miguel_DeJesus. dignified notice of that fact. Direct of Indirect—The most worthy and effective advertisement possible. in a manner consistent with the standards of conduct F: Tagorda was suspended for soliciting business because before Tagorda’s election to the provincial board of Isabela. The publication or circulation of ordinary simple business cards. It is equally unprofessional to procure business by indirection through touters of any kind whether allied real estate firms or trust companies advertising to secure the drawing of deeds or wills or offering retainers in exchange for executorships or trusteeships to be influenced by the lawyer. he used a card offering services as an attorney and a notary public free. relationship or trust makes it his duty to do so. Solicitation of business circulars or advertisement.rem_law] [Paul_Sorino/Judy_Ripol. or by personal relations is unprofessional. or unfair statement or claim regarding his qualifications or legal services. those. fair. The card also stated that he was a candidate for the provincial board.poli_law] [Ascheia_Yumul. the magnitude of the interests involved. This cannot be force. It lowers the standards of that profession. couched in language indicating that it is addressed to lawyers.

acads] [Jam_Jacob. (1979) F: Surviving partners cannot continue to use the names of the deceased partners.printing] [Miles_Malaya. RULE 3. where a previous SC decision has laid the rule against the continued use of a deceased partner’s name. misleading or assumed name shall be used. Inc. of brief biographical and informative data is likewise allowed. The practice is allowed in the U. 27 Rule 138.poli_law] [Ascheia_Yumul.02 of the Code of Professional Responsibility and sec. But a lawyer may not properly publish his brief biographical and informative data in a daily paper. there is no local custom allowing such. Simbillo (2003) F: Atty.02 NO FALSE OR MISLEADING FIRM NAME  Rule 3. In the choice of a firm name. amongst others. the practice is to identify the more active and/or more senior members or partners of the law firm. in case of non-partners.  Director of religious Affairs v Bayot (1944) Bayot was reprimanded for publishing an announcement in the Sunday Tribune advertising his services in getting a marriage license and in arranging marriages and his free legal consultation for the poor. organization and pursuit of a learned art. The spirit of public service in which the profession of law is and ought to be exercised is a prerequisite of sound administration of justice according to law.head] [Nayna_Malayang. The two other elements. Legal Clinic.tax_law] . or brief biographical and informative data  Khan v. magazine. of the Rules of Court for advertising his services in a Philippine Daily Inquirer ad which read “Annulment of Marriage Specialist 532-433/5212667. In this case.deputy] [Rhudz_Raymundo. etc. The use of simple signs stating the name or names of the lawyers.). Simbulo was found guilty for violating Rule 2.imposed by the canons. and the residence address and fields of practice. no local custom permits or allows the continued use of a deceased partner’s name because here. The public relations value of the use of an old firm name can create undue advantage and disadvantage in the practice of the profession.02. it would bring no injury to the law and to the bar. no custom or practice. because it is sanctioned by custom. de Leon. A trade aims primarily at personal gain.  Dacanay v Baker and McKenzie (1985) F: Because Baker and McKenzie is an alien law firm not authorized to practice law in the Philippines. The practice of law is intimately and peculiarly related to the administration of justice and should not be considered like an ordinary “money-making trade. 1815 CC which tacitly provides that names in a firm name of a partnership must be those of living partners and.  In the Matter of the Petition for Authority to Continue Use of the Firm Name – Ozaeta. etc. Feliciano.” It is the essence of a profession that it is practiced in a spirit of public service. that… H: Continued use will run counter to Art. Romulo. Here. even if proven.comm_law] [Ces_Sicangco/Rowena_Romero. have [Lorybeth_Baldrias.design] Bobbie_StaMaria. it must be compatible with the dignity of the legal profession. However. and Petition for Authority to Continue Use of Firm Name – Sycip.rem_law] [Paul_Sorino/Judy_Ripol.S. can prevail.03 and 3. should be living persons who can be subject to liability. a profession at the exercise of powers beneficial to mankind.civ_law] [Hya_Rafael/Mac_Macapagal.legal_ethics] [Lianne_Gervasio.secretariat] [Dionne_Sanchez.” H: The solicitation of legal business is not altogether proscribed. as well as advertisement in legal periodicals bearing the same brief data and the use of calling cards are permissible. 18 H: The respondent’s use of the firm name constitutes a representation that being associated with Baker and McKenzie they could “render legal services to the highest quality to multinational business enterprises and others engaged in foreign trade and investment.labor_law] [Miguel_DeJesus. the office.” This is unethical because Baker & McKenzie is not authorized to practice law here. The Court held.crim_law] [Vivian_Tan/Justin_Mendoza. Salazar. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased. no false. In the Philippines. for solicitation to be proper. trade journal or society program (Ulep v. the respondents were enjoined from using the name as it constituted a misrepresentation. The publication in reputable law lists in a manner consistent with the standards of conduct imposed by the canon. Canon 33 does not consider the act unethical when such practice is permissible by local custom but it warns that care should be taken to avoid deception.lectures] [Japee_DeLeon. If it were made in a modest and decorous manner.

13.” RULE 3.03. Where a partner accepts public office. except (1) civil case with LGU/ government is the adverse party. civil service officers whose jobs require full time devotion to the government Legislators: not absolutely prohibited  only prohibited from appearing as counsel before court of justice.04. a branch clerk of court. (4) not use property of government except when defending government interest η η Civil service officers: with consent from head of department (written) *isolated case (even if prohibited): counsel for relative/ close family friend totally unauthorized to practice law: includes disbarred and suspended  estafa! Legal remedies: injunction.  Const. NO USE OF MEDIA TO ATTRACT BUSINESS  Rule 3.printing] [Miles_Malaya. Solicitor General. unless otherwise provided in this Constitution. prosecution officers. during his tenure.design] Bobbie_StaMaria.04. exclusive fidelity Absolutely prohibited: judges. members of Constitutional Commissions. 14. disbarment. Neither shall he engage in the practice of any profession… NOTES (Agpalo) η Sanggunian: may.lectures] [Japee_DeLeon. including him in firm name) η η [Lorybeth_Baldrias.labor_law] [Miguel_DeJesus. or quasi-judicial and other administrative bodies… Const. or in return for.civ_law] [Hya_Rafael/Mac_Macapagal. hold any other office or employment during their tenure. (2) criminal case when officer of the LGU is accused in relation to office. Gatdula (1999) The SC found it improper that the name of Rolando Gatdula. and η Public office is public trust. Aquino took the witness stand and Judge Makasiar’s letter of response denying that he had given such permission to the Presidential Broadcast Staff. art. directly or indirectly practice any profession…   Const.tax_law] . the SC passed the following resolution: “Considering the prejudice it poses to the defendant’s right to due process as well as to the fair and orderly administration of justice. declaratory relief. IX. expected to perform with highest degree of responsibility. VII.rem_law] [Paul_Sorino/Judy_Ripol. he shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him to practice law concurrently. They shall not.secretariat] [Dionne_Sanchez. Art. the members of the cabinet and assistants shall not.03 PARTNERS ASSUMING PUBLIC OFFICE  Rule 3. that they secure and η Local government officials: prohibited 19 RULE 3. administrative case η η  Samonte v. The Code of Conduct and Ethical Standards for Public Officials and Employees declares that it is unlawful for a public official or employee to. cabinet. Vice-President. art. 2. disqualification. sec. during said tenure. VI. VicePresident.poli_law] [Ascheia_Yumul. [prohibition] The President. integrity. Sec. court employees. quasijudicial. among others: “engage in the private practice of their profession unless authorized by the Constitution or law.crim_law] [Vivian_Tan/Justin_Mendoza. A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of.legal_ethics] [Lianne_Gervasio. filing a pleading. President. [prohibition] No member of a Constitutional Commission shall.comm_law] [Ces_Sicangco/Rowena_Romero.their justification in maintain that spirit. provided that such practice will not conflict or tend to conflict with official functions.head] [Nayna_Malayang. loyalty and efficiency. other administrative bodies  prohibited: appearance in court and other bodies (includes arguing. sec. contempt.  En Banc Resolution (1991) Spurred by Art Borjal’s letter to CJ Fernan regarding the live TV and radio coverage of the hearing of Ppl v Beltran where Pres. publicity to attract legal business. hold any other office or employment. deputies and assistants (cabinet). estafa. Electoral Tribunals.acads] [Jam_Jacob. appears on the calling card of a firm. (3) Not collect any fee for appearance in administrative proceeding. [limitation] No Senator or member of the House of Representative may personally appear before any court of justice or before the Electoral Tribunal.deputy] [Rhudz_Raymundo.

Rule 6. with appropriate penalties for failure to do so.rem_law] [Paul_Sorino/Judy_Ripol. the parties and their counsel taken prior to the commencement of official proceedings. A lawyer shall keep abreast of legal developments.poli_law] [Ascheia_Yumul. however. No video shots or photographs shall be permitted during the trial proper. except those exempt under Rule 7 of Bar Matter No. he has to interact with the rest of society. 850 (Mandatory Continuing Legal Education).tax_law] . A lawyer in government service shall not use his public position to promote or advance his private interests. (Agpalo) Matter 850—Mandatory Legal Education (MCLE) η CANON 4: PARTICIPATE IN DEVELOPMENT: SUPPORT LEGAL REFORMS ADMINISTRATION OF JUSTICE AND  Canon 4. AGPALO (notes) η While the lawyer’s task in contributing to the improvement of the legal system is not a matter of strict duty. it is a duty nevertheless that flows from the lawyer’s sense of public responsibility. CANON 5: PARTICIPATE IN LEGAL EDUCATION PROGRAM [Lorybeth_Baldrias. be done by dreaming in a vacuum. There is thus the need on the part of the lawyer to transcend the narrow limits of technical law. Intricately woven is the law with the social fabric that the legal profession cannot afford to confine itself to narrowly technical legal questions. A lawyer must broaden out and continue to grow in knowledge and competence in order to be able to make the law socially responsive. the judicial officers.” 20  Canon 5. Video footages for news purposes shall be restricted and limited to shots of the courtroom.legal_ethics] [Lianne_Gervasio.crim_law] [Vivian_Tan/Justin_Mendoza. The lawyer must recognize that the law is a part of vast social network and whether he likes it or not. These Canons shall apply to lawyers in government service in the discharge of their official duties. are required every 3 years to complete at least 36 hours of continuing legal education activities. live radio and television coverage of court proceedings shall not be allowed.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo. to the lay public: to make the law a part of its social consciousness Members of the IBP.secretariat] [Dionne_Sanchez. support efforts to achieve highest standards in law schools as well as in the practical training of law students and assist in disseminating information regarding law and jurisprudence. The primary duty of a lawyer in public prosecution is not to convict but to see that justice is done.design] Bobbie_StaMaria. (Agpalo) η  Bar Continuing ANNEXED CANON 6: CANONS APPLY TO GOVERNMENT SERVICE LAWYERS IN  Canon 6.lectures] [Japee_DeLeon.considering further that the freedom of the press and the right of the people to information may be served and satisfied by less distracting. A lawyer incurs a three-fold obligation after admission to practice: To himself: to continue improving his knowledge of the law: to his profession: to take an active interest in the maintenance of of high standards of legal obligation. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action. Rule 6.01. participate in continuing legal education programs. The improvement of the legal system cannot. nor allow the latter to interfere with his public duties.acads] [Jam_Jacob.printing] [Miles_Malaya.02. NOTES (Agpalo) η Service in the judiciary and being in the active practice of law require continuing study and research on the law from beginning to end.labor_law] [Miguel_DeJesus.comm_law] [Ces_Sicangco/Rowena_Romero. A lawyer shall participate in development of the legal system by initiating reform and in the improvement of the administration of justice. degrading and prejudicial means.civ_law] [Hya_Rafael/Mac_Macapagal.

lectures] [Japee_DeLeon. Renomeron (1991) Atty Renomeron was dismissed from office because. simplify and systematize policy. (Code of Conduct and Ethical Standards for Public Officials and Employees. public consultations and hearings whenever appropriate. (d) Political neutrality. (c) Justness and sincerity. Unless otherwise provided by law or when required by the public interest. (g) Commitment to democracy.Public officials and employees shall always uphold the public interest over and above personal interest.legal_ethics] [Lianne_Gervasio. especially the poor and the underprivileged. public safety and public interest. They shall not indulge in extravagant or ostentatious display of wealth in any form. resources and technology and encourage appreciation and pride of country and people.Public officials and employees shall at all times be loyal to the Republic and to the Filipino people. A lawyer shall not. . maintain the principle of public accountability. . They must act with justness and sincerity and shall not discriminate against anyone. (f) Nationalism and patriotism. . public officials and employees shall provide information of their policies and procedures in clear and understandable language.tax_law] .Public officials and employees and their families shall lead modest lives appropriate to their positions and income. good morals. in his capacity as Register of Deeds. (b) Professionalism. accept engagement or employment in connection with any matter in which he had interned. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or party. .Rule 6. . . and shall refrain from doing acts contrary to law. .03. ensure openness of information. after leaving government service. They shall not dispense or extend undue favors on account of their office to their relatives whether by consanguinity or affinity except with respect to appointments of such relatives to positions considered strictly confidential or as members of their personal staff whose terms are coterminous with theirs.civ_law] [Hya_Rafael/Mac_Macapagal. rules and procedures.poli_law] [Ascheia_Yumul. (A) Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties: (a) Commitment to public interest.acads] [Jam_Jacob. All government resources and powers of their respective offices must be employed and used efficiently. The Code of Professional Responsibility applies to lawyers in gov’t service in the discharge of their official tasks (Canon 6) and forbids a lawyer 21 [Lorybeth_Baldrias.  RA 6713.Public officials and employees shall perform and discharge their duties with the highest degree of excellence. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage.Public officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference. public policy.Public officials and employees shall commit themselves to the democratic way of life and values. courteous.deputy] [Rhudz_Raymundo. Collantes v.comm_law] [Ces_Sicangco/Rowena_Romero.head] [Nayna_Malayang. and adequate service to the public. promote the use of locally produced goods. honestly and economically. and manifest by deeds the supremacy of civilian authority over the military. avoid red tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country. especially in the depressed rural and urban areas.Public officials and employees shall remain true to the people at all times. They shall at all times respect the rights of others.secretariat] [Dionne_Sanchez.Public officials and employees shall extend prompt. public order. They shall endeavor to maintain and defend Philippine sovereignty against foreign intrusion. encourage suggestions. • Misconduct as public official constitutes violation of oath as lawyer. particularly to avoid wastage in public funds and revenues.rem_law] [Paul_Sorino/Judy_Ripol. 4(A) Norms of Conduct of Public Officials and Employees.printing] [Miles_Malaya. . effectively.crim_law] [Vivian_Tan/Justin_Mendoza. he refused to register deeds for V & G Better Homes Subdivision unless the latter should either provide him with weekly round trip tickets from Tacloban to Manila complete with pocket money or sell on his behalf a piece of property in QC. (e) Responsiveness to the public. (h) Simple living. intelligence and skill. They shall enter public service with utmost devotion and dedication to duty.design] Bobbie_StaMaria.)Sec. professionalism. good customs.labor_law] [Miguel_DeJesus.

induce an accused to plead guilty. The public prosecutor should not… η use improper methods calculated to produce a wrongful conviction (to use legitimate means to bring about just ones). 2. suppress facts nor conceal witnesses capable of establishing the innocence of the accused. η The public prosecutor owes the State.design] Bobbie_StaMaria. His/her duty does not include demanding punishment. willfully fail to prosecute violations of law or lose records thereof. but a sovereignty. hesitate to recommend to the court the accused’s acquittal if the evidence in his possession shows that the accused is innocent.tax_law] . When from the nature of the crime and the law defining and punishing it no civil liability arises his favor. receive money from dismissing a complaint. Prosecutors should avoid giving the impression that their office is being used for political ends or for other purposes that contravene the objective of serving justice impartially regardless of who the litigants are. Such a duty belongs solely to the public prosecutor.labor_law] [Miguel_DeJesus.rem_law] [Paul_Sorino/Judy_Ripol. and that he had performed his duties with impartiality.from unlawful conduct (1.03) η offer proof of accused’s guilt illegally acquired.acads] [Jam_Jacob. assist in the escape of a prisoner. Therefore. the private prosecutor may not file a motion for reconsideration.poli_law] [Ascheia_Yumul.deputy] [Rhudz_Raymundo. The primary duty of a lawyer in public prosecution is not to convict but to see that justice is done.lectures] [Japee_DeLeon. When he has waived his right to civil indemnity or has expressly reserved his right to institute a civil action or he has already instituted such action. a prosecutor enjoys the presumption that he is learned in the law.civ_law] [Hya_Rafael/Mac_Macapagal. agree to refrain form prosecuting a person in consideration of a reward. However. that he has high morality.01. deprive a person of his statutory or legal rights.secretariat] [Dionne_Sanchez. η η η η η η Role of a private prosecutor: η The general rule is that an offended party has the right to intervene in the prosecution of a crime except in the following instances (Section 16 of Rule 110 of the Rules of Court in connection with Section 5): 1. η [Lorybeth_Baldrias.comm_law] [Ces_Sicangco/Rowena_Romero.crim_law] [Vivian_Tan/Justin_Mendoza. consent to any undue delay in the prosecution. institute a criminal action to force settlement of a case. not an ordinary party to a controversy.legal_ethics] [Lianne_Gervasio. η η η NOTES (Agpalo) In General η A public prosecutor is a quasi-judicial officer who represents. Also note that a lawyer shall not delay any man’s cause for any corrupt motive or interest (1. He should clarify contradictions and fill up gaps in his evidence so that there would be no doubt in the court’s mind. η The role of the private prosecutor is to represent the offended party with respect to the civil action for the recovery of civil liability arising from the offense. If the case is dismissed.printing] [Miles_Malaya. The image of impartiality is achieved by strict adherence to the established procedures.01. assert his personal knowledge of a crime (he must withdraw as a prosecutor and take the witness stand to be cross-examined). and the accused the duty to lay before the court the pertinent facts at his disposal with methodical and meticulous attention.01). the court. have a secret law partner with whom he divides the fees. A prosecutor should prosecute with earnestness and vigor but must keep in mind that the primary objective is not to win but to serve justice: Guilt shall not escape nor innocence suffer.head] [Nayna_Malayang. 22 η RULE 6. PRIMARY DUTY: THAT JUSTICE IS DONE  Rule 6. the interest in a criminal prosecution is not that it shall win a case but that justice shall be done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action. This sovereignty has its obligation to govern impartially.

The offended party’s standing in a criminal case is only that of a witness once a separate civil case is filed.lectures] [Japee_DeLeon. 2 of the 3 defendants moved for a consolidation of the 5 cases into 1 criminal case because the said cases arose out of the same incident and motivated by one impulse. it is unquestionable that they may in appropriate cases. H: The benefit of the doubt belongs to the prosecuting attorney. 2002): “in case of heavy work schedule or in the even of lack of public prosecutors.printing] [Miles_Malaya. Alindo and Borres stood indicted as principals in 5 separate cases for murder and frustrated murder. When a public prosecutor should take over handling of case.comm_law] [Ces_Sicangco/Rowena_Romero. reinvestigate cases in which they have already filed the corresponding informations. Judge Pineda granted the petition and ordered the other 4 cases to be dropped. The following day.rem_law] [Paul_Sorino/Judy_Ripol. But. being under the direction and control of the public prosecutor may not take a stand different from that of the latter. The prosecutor’s presence is necessary for the validity of evidence to be presented as an evidence of the People of the Philippines. η  People v Pineda (1967) F: Narbasa.head] [Nayna_Malayang. he should do so. 5 separate informations were filed by the prosecuting attorney from his investigation. In the language of Justice Sutherland of the SC of the US. in order to do justice and avoid injustice. and whose interest. recommendation of Platon’s decision. in a criminal prosecution is not that it shall win a case. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one. The prosecuting attorney is under no compulsion to file a particular criminal information where he is not convinced that he has evidence to prop up the averments thereof. but that justice shall be done. We should give him the benefit of the doubt. such.tax_law] . The authority may be revoked or withdrawn. Rule 110 of the Rules of Court (effective May 1. however.secretariat] [Dionne_Sanchez.design] Bobbie_StaMaria. He may prosecute with earnestness and vigor—indeed. The SC upheld 23 η Subject to Control of Public Prosecutor η Intervention by a private lawyer is subject to prosecutor’s control. and not to municipal courts which have no trial prosecutors. or that the evidence at hand points to a different conclusion. Judge Platon. dismissed the case on the basis of the public prosecutor’s [Lorybeth_Baldrias. the twofold aim of which is that guilt shall not escape or innocence suffer. But we must have to recognise that a prosecuting attorney should not be duly compelled to work against his conviction. but whilst this court is averse to any form of vacillation by such officers in the prosecution of public offenses. HOWEVER. The City Fiscal disagreed with the finding of the judge.civ_law] [Hya_Rafael/Mac_Macapagal. but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all. he is not at liberty to strike foul ones. while he may strike hard blows. 5.poli_law] [Ascheia_Yumul. This applies only to court which are provided by law with their own prosecutors.η The offended party may not withdraw the civil case already filed so that he/she can intervene in the criminal case.deputy] [Rhudz_Raymundo. The prosecuting attorney. being the one charged with the prosecution of offences. the prosecuting officer “is the representative not of an ordinary party to a controversy. Suarez charged Orais with illegal detention. As such.crim_law] [Vivian_Tan/Justin_Mendoza. should determine the information to be filed and cannot be controlled by the offended party. therefore.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio. Suarez for uttering seditious words. he is in a peculiar and very definite sense the servant of the law. a private prosecutor may be authorized in writing by the Chief Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court. The impact of Judge Pineda’s order is that his judgment  Suarez v Platon (1940) F: Lt. A public prosecutor should not allow the trial in the hands of a private prosecutor to degenerate into a private prosecution (turns out to be a gratification of private malice or the accomplishment of a private gain or advantage) η η η H: (Laurel J. Orais arrested and incarcerated Atty.acads] [Jam_Jacob.” A private prosecutor. the Supreme Court has amended Sec.) We cannot overemphasize the necessity of close scrutiny and investigation of prosecuting officers of all cases handled by them. η The public prosecutor is required to be present the proceedings and must at any time take over the conduct of the trial from the private prosecutor. he moved for the dismissal of the case against Suarez on the motion of his superior.

02. stop a purported enforcement of criminal law where (1) it is needed for the orderly administration of justice.legal_ethics] [Lianne_Gervasio.lectures] [Japee_DeLeon. • engage in the private practice of their profession unless authorized by the constitution or law (will not conflict with his/her official functions).labor_law] [Miguel_DeJesus.acads] [Jam_Jacob. a captain of the MM Police force and a member of the bar was charged with coercing an employee.head] [Nayna_Malayang.  Misamin v San Juan (1976) NOTES (Agpalo) η This rule applies to lawyers in government service. consultant. a judge may. control. employee. have friends. The Case was dismissed for lack of evidence.printing] [Miles_Malaya. by a relief in equity. Misamin. • own. trustee or nominee in any private enterprise regulated.rem_law] [Paul_Sorino/Judy_Ripol. counsel. If he is prohibited from practicing his profession. should refrain from laying himself open to such doubts and misgivings as to his fitness not only for the position occupied by him but also for membership in the bar. to agree to drop charges filed against his employer Tan Hua for violation of the Minimum Wage Law. broker.tax_law] .civ_law] [Hya_Rafael/Mac_Macapagal. who are allowed by law to engage in private law practice and to those who. San Juan. A lawyer in government service shall not use his public position to promote or advance his private interests. Respondent. but the influence that laymen could assume was inherent in the office held not only to frustrate the beneficent statutory scheme that labor be justly compensated but also to be at the beck and call of what the complainant called alien interest. the OIC of the Legal Affairs Service of CHED. H: While the charges have to be dismissed. explaining to his client that his public duty must prevail. • recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office. the fact that the suspicion could be entertained that far from living true to the concept of a public officer being a public trust.poli_law] [Ascheia_Yumul. He should not accept any private legal business in conflict with his official duties and if such a case arises he must terminate his professional relationship. former associates. and • use or divulge confidential information officially known to them by reason of their office (not available to the public) to further private interest.02 NOT TO USE PUBLIC POSITION FOR PRIVATE INTEREST  Rule 6. He is not worthy of membership in an honorable profession who does not even take care that his honor remains unsullied. for making unlawful demands to extort money from certain [Lorybeth_Baldrias. manage or accept employment as officer. agent.substitutes the prosecutor’s on the matter of what crime is to be filed in court.deputy] [Rhudz_Raymundo. is a matter that should not pass unnoticed. he did make use not so much of whatever legal knowledge he possessed. The following principles complement the code of conduct (Public officials shall NOT): F: Atty. though prohibited from engaging in the practice of law. The present case does not fall under any of these exceptions. he must not do so indirectly by being a silent partner in a law firm or by securing legal business for a friend or a former associate in the active practice of law. (3) to avoid multiplicity of actions. Felina Dasig. nor allow the latter to interfere with his public duties. 24 RULE 6. and receiving a share in the fees for his effort. η η η  Vitriolo v. still it would not be inappropriate for respondent to avoid all appearances of impropriety. (2) to prevent the use of the strong arm of the law in an oppressive and vindictive manner. thus the order of the judge must be set aside. supervised or licensed by their office unless expressly allowed by law.secretariat] [Dionne_Sanchez. to give undue advantage anyone or to the prejudice of public interest. The lawyer must not use his public office to further his law practice. Dasig (1973) H: The SC disbarred Atty. Certainly. (4) to afford adequate protection to constitutional rights and (5) because the statute relied upon is unconstitutional or was held invalid.comm_law] [Ces_Sicangco/Rowena_Romero.crim_law] [Vivian_Tan/Justin_Mendoza. and relatives who are in the active practice of law. Nevertheless.design] Bobbie_StaMaria. in his future actuations as a member of the bar.

No retiring justice or judge of a court of record or city or municipal judge during the time that he is receiving said pension shall appear as counsel in any court in any civil case where in the govt. a jail warden. In addition to acts and omissions of public officials and employees not prescribed in the Constitution and existing laws.02 which bars lawyers in government service from promoting their private interests. The CPR was not meant to govern the conduct of private petitioners alone. a lawyer who holds a government office may not be disciplined as a member of the Bar for misconduct in the discharge of his duties as government official. Sec. However. consultant. or 3) Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office. sending to Pres.acads] [Jam_Jacob. the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful: (d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination.design] Bobbie_StaMaria. 7(b). A member of the Bar who assumes public office does not shed his professional obligation. supervised or licensed by their office / unless expressly allowed by law. / except in case of subparagraph (2) above. These acts also constitute a breach of rule 6. or collect any fee for his appearance in any administrative proceedings to maintain an interest adverse to the govt.rem_law] [Paul_Sorino/Judy_Ripol. but of all lawyers including those in government service. suspension. accept engagement or employment in connection with any matter in which he had interned. A lawyer in public service is a keeper of public faith and is burdened with a high degree of social responsibility. 1 (condition of pension).  RA 3019. or other disciplinary action. counsel. 2) Engage in the private practice of their profession unless authorized by the Constitution or law.comm_law] [Ces_Sicangco/Rowena_Romero. trustee or nominee / in any private enterprise regulated.03. broker. Estrada libelous and unfair reports which were designed to prevent the reappointment of the 11 CHED directors and with the end view of securing one for her.  RA 6713. dishonest or deceitful acts. A lawyer shall not. Sec.01 which prohibits lawyers from engaging in any unlawful. perhaps higher than her brethren in private practice. in a criminal case were an officer or employee of the govt.deputy] [Rhudz_Raymundo. willfully failing to pay her debts as evidenced by the dishonest checks she issued. / in which case the one year prohibition shall likewise apply.—Public officials and employees during their incumbency shall not: 1) Own.lectures] [Japee_DeLeon. In addition to acts or omissions of public officers already penalized by existing law.tax_law] .people who had pending applications in her office for correction of names.crim_law] [Vivian_Tan/Justin_Mendoza. manage or accept employment as officer employee. or any of its subdivisions or instrumentalities is an adverse party.secretariat] [Dionne_Sanchez. These prohibitions shall continue to apply for a period of 1 year after resignation. Lawyers in government are public servants who owe the utmost fidelity to the public service. Thus they have to be mores sensitive in the performance of their professional obligations. to shoot the Cornacions. is accused of an offense related to his official function.printing] [Miles_Malaya.labor_law] [Miguel_DeJesus. NOTES 25 RULE 6. 3(d) (Anti-Graft and Corrupt Practices Act). / but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with. Generally speaking. Respondent’s attempts to extort money from persons with applications or requests pending before her office are violative of Rule 1.03. control. provided that such practice will not conflict or tend to conflict with their official functions. NOT TO ACCEPT EMPLOYMENT GOVERNMENT SERVICE AFTER  Rule 6. [Lorybeth_Baldrias.head] [Nayna_Malayang. the following shall constitute prohibited acts and transactions of any public official and employee and are hereby declared to be unlawful: (b) Outside employment and other activities related thereto. retirement or separation from public office.poli_law] [Ascheia_Yumul. Respondent’s demands for sums of money to facilitate the processing of pending applications before her office violates such duty and runs afoul of the oath she took when admitted to the Bar. The Attorney’s Oath is the source of obligation and duties of every lawyer and any violation thereof is a ground for disbarment. groundless. and unfounded suits against the complainants of the case. after leaving government service. agent.  RA 910 Sec. if said misconduct as a government official also constitutes a violation of his oath as a lawyer then he may be disciplined by this Court as a member of the Bar.legal_ethics] [Lianne_Gervasio. instigating the commission of a crime where she allegedly encouraged her son.civ_law] [Hya_Rafael/Mac_Macapagal. filing 11 baseless.

PNB.01.printing] [Miles_Malaya. NOTES (Agabin) η Maintenance by the bar of a high standard of legal proficiency as well as honesty and fair dealing is a prerequisite to making the bar an effective instrument in the proper administration of justice.acads] [Jam_Jacob. in to or to η η [Lorybeth_Baldrias.lectures] [Japee_DeLeon.secretariat] [Dionne_Sanchez. A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of the integrated bar.O3 for handling a case involving transactions he had handled for his previous employer.crim_law] [Vivian_Tan/Justin_Mendoza. A lawyer shall not support the application for admission to the bar of any person known by him to be unqualified in respect to character.head] [Nayna_Malayang. whether in public private life.  Canon 7.. Rule 7. Cedo was found guilty of violating 6.poli_law] [Ascheia_Yumul. a lawyer should help achieve objectives and purposes of the IBP.civ_law] [Hya_Rafael/Mac_Macapagal.design] Bobbie_StaMaria. More than just paying IBP Membership dues.02 extends beyond his/her tenure on certain matters in which he has intervened as a public official.tax_law] . Rule 7.03.comm_law] [Ces_Sicangco/Rowena_Romero. it is necessary that every lawyer should strive at all times to uphold the honor and maintain the dignity of the legal profession and to improve not only the law but the administration of justice as well. i.deputy] [Rhudz_Raymundo.02.(Agpalo) 26 η η The restriction in Rule 6. Rule 7. or other relevant attribute. nor shall he. • assist in the administration of justice.legal_ethics] [Lianne_Gervasio.rem_law] [Paul_Sorino/Judy_Ripol. But the bar can only be as reputable as its members hence. A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in connection with his application for admission to the bar.labor_law] [Miguel_DeJesus. Chapter 2 The Lawyer and the Legal Profession CANON 7: UPHOLD THE DIGNITY AND INTEGRITY OF THE PROFESSION  PNB v Cedo (1995) Atty. A lawyer shall not engage conduct that adversely reflects on his fitness practice law.03 are very broad terms which include any conceivable subject in which he acted in his official capacity.e. The Rule on Conflicting Interests applies. behave in a scandalous manner the discredit of the legal profession. “Any matter” and “he had intervened” in Rule 6. education.

and that since 19992. the duty to “promote respect for law and legal processes” and to abstain from “activities aimed at defiance of the law or at lessening confidence in the legal system. learning. Balgo’s PC without the latter’s permission.poli_law] [Ascheia_Yumul. Atty. professional competence. causing distribution of such statement to be done by persons other than those authorized by the officer presiding at the election (Sec. paying the dues of other indebtedness of any member (sec. and data for 3 years. that their annual taxable income does not exceed the poverty level as determined by NEDA for that year. An investigation into the matter revealed that 75% of the questions on mercantile law were prepared by bar examiner Atty. Marcial Balgos. as ineligible for any IBP position in the special elections. Bar examiner Atty. • promote a continuing program of legal research in substantive and adjective law. Balgos thought that he alone could access his PC and was surprised to find that it was fact interconnected with the other computers in the law office. food. Drilon (her husband is the Labor Secretary). giving free transportation of out-of-town delegates and alternates.rem_law] [Paul_Sorino/Judy_Ripol. H: The basic postulate of the IBP is that it is non-political in character and that there shall be no lobbying nor campaigning in the choice of the IBP Officers. 14(e) IBP By-Laws). entertainment to delegates. and make reports and recommendations thereon. Llamas (2000) F: The SC suspended from nonpayment of IBP dues and for using the same IBP O.printing] [Miles_Malaya. Atty.crim_law] [Vivian_Tan/Justin_Mendoza.tax_law] .  Santos v. IBP Bylaws).R. and it does not matter if his practice is “limited. as a corollary of their obligation to obey and uphold the constitution and the laws.” While it is true that RA 7432 section 4 grants senior citizens “exemption from payment of individual income taxes: provided.” (Rule 1. The Court based its conclusion upon the following findings: prohibited campaigning and solicitation of votes by the candidates. Danilo De Guzman. or to vote for or against a candidate (Sec.labor_law] [Miguel_DeJesus. drinks.lectures] [Japee_DeLeon. His private secretary turns his PC on and shuts it down for him. distribution of materials other than bio-data of not more than one-page of legal size sheet of paper (Sec. Atty. inducing or influencing a member to withhold his vote.legal_ethics] [Lianne_Gervasio.head] [Nayna_Malayang.• foster and maintain on the part of its members high ideals of integrity. formation of tickets and single slates. • cultivate among its members a spirit of cordiality and brotherhood.design] Bobbie_StaMaria. • provide a forum for the discussion of law. giving free hotel accommodations. he is exempt from payment of taxes as a senior citizen. encourage and foster legal education. Nos.  In re: 1989 Election of the IBP (1989) F: The SC annulled the IBP Elections and ordered the holding of special elections and declared the candidates in the June 3. IBP By-Laws). Another member of the fraternity and of the law firm. Llamas can engage in the practice of law only by paying his dues. 25% were prepared by Justice Vitug. practice and procedure and the relations of the bar thereto. public service and conduct.acads] [Jam_Jacob. The spectacle of lawyers bribing or being bribed to vote did not uphold the honor of the profession nor elevate it in the public’s esteem. campaigning by labor officials for Atty. Balgos explained that he prepared the test questions for that subject using his personal computer but that he does not know how to use his PC. being a farmer by occupation. The fundamental assumption is that the officers would be chosen on the basis of professional merit and willingness and ability to serve. jurisprudence. Atienza is a member of the Beta Sigma Lambda fraternity in MLQU. law reform. IBP By-Laws). Those questions prepared by Justice Vitug were not among the leaked questions.deputy] [Rhudz_Raymundo. The candidates and many of the participants in the election process not only violated the By-Laws of the IBP but also the ethics of the legal profession which imposes on all lawyers. He said that he participated in his fraternity’s bar-ops but only in bringing food to the examinees.comm_law] [Ces_Sicangco/Rowena_Romero. Only two people know the PC’s password—his secretary and the office manager Silvestre Atienza (2nd year student at MLQU). Drilon. • safeguard the professional interests of its members. Sanots justified his nonpayment of IBP dues by claiming that he had a limited practice of law. admitted that he 27 [Lorybeth_Baldrias.02) The unseemly ardor with which the candidates pursued the presidency of the association detracted from the dignity of the legal profession. use of PNP plane in the campaign of Atty. H: In accordance with Sections 9 and 10 of Rule 139-A ROC. except to type on it. Balgos found out that Atienza was responsible for interconnecting Atty. 1989.civ_law] [Hya_Rafael/Mac_Macapagal.” the exemption does not include payment of membership or association dues. 14 (b). pleading. the SC spread out the weight of mercantile law among the remaining 7 subjects. 14 (e).secretariat] [Dionne_Sanchez.  Re: 2003 Bar Examinations (2004) F: After a rumored leakage concerning the mercantile bar exam of 2003. 14(a).

01 NO FALSE STATEMENT  Rule 7. Bar integration does not compel the lawyer to associate. The only limitation is that the regulation should not impose an unconstitutional burden.labor_law] [Miguel_DeJesus. The only compulsion is the payment of annual dues which. Balgo’s PC and faxed a copy to his fraternity brother. the SC. The compulsory nature of payment of dues subsists for as long as one’s membership in the IBP remains. Atty. he became part of the Civil Service (hence. By transmitting and distributing the stolen questions to his fraternity brothers. in order to foster the State’s legitimate interest in elevating the quality of professional legal services. [Lorybeth_Baldrias. 28 7. He transgressed the very first canon of the Lawyer’s Code of Professional Responsibility which provides that a lawyer shall obey the laws of the land. He relied too much on his secretary.01 A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact. lack of integrity and criminal behavior and found that he should make a written public apology and pay damages to the Supreme Court.poli_law] [Ascheia_Yumul. A student’s failure to live up to them may be a ground for SC to refuse admission to practice or for disbarment should SC learn later on about his/her transgressions. There is no exemption. therefore subject to all the rules prescribed for the governance of the Bar. regardless of the extent of practice of a lawyer. of the Bar of his intention to stay abroad. He should have typed the test questions using his typewriter in the privacy of his own home.downloaded the test questions from Atty. Balgos exercised due diligence in safeguarding the secrecy of the test questions. H: Atty.comm_law] [Ces_Sicangco/Rowena_Romero.deputy] [Rhudz_Raymundo.acads] [Jam_Jacob. and as such must bow to the inherent regulatory power of the court to exact compliance with the lawyer’s public responsibilities.civ_law] [Hya_Rafael/Mac_Macapagal. Atty Balgos was likewise reprimanded and required to make a written apology. The public interest far outweighs the slight inconvenience to a member. and adherence to a code of professional ethics or professional responsibility. an Integrated Bar is an official national body of which all lawyers are required to be members—they are. in which case his IBP membership could have been terminated and oblig to pay annual dues discontinued. The fee is a regulatory measure not barred by the Constitution. NOTES (Agpalo) η Observance of the duties and responsibilities of a lawyer begins even as a law student. The integration of the Phil. Marcial Edillon: The practice of law is not a property right but a mere privilege.tax_law] . He is guilty of grave misconduct unbecoming a member of the Bar. He had impaired public respect for the court and damaged the integrity of the bar examinations as the final measure of a law graduate’s academic preparedness to embark in the practice of law. Balgo’s PC without the latter’s knowledge and permission was a criminal act of larceny.01 and 7 of the CPR. may require to be shared by all the subjects and beneficiaries – the lawyers. The SC recommended that Atty.printing] [Miles_Malaya.rem_law] [Paul_Sorino/Judy_Ripol.035 for the period 1977-2005 explaining that after joining the Philippine Bar in 1961.secretariat] [Dionne_Sanchez. He has violated canons 1. de Guzman’s act of downloading the test questions from Atty. As pointed out by IBP. Arevalo could have informed the Sec. de Guzman be disbarred for being morally unfit to continue as a member of the legal profession. one of which is the payment of membership dues. he had given them undue advantage over the other examiners. Membership in the bar is a privilege burdened with conditions. Citing In re Atty. It was theft of intellectual property. in connection with his application for admission to the bar. H: Organized by or under the direction of the State.  Letter of Atty. Atty.lectures] [Japee_DeLeon.crim_law] [Vivian_Tan/Justin_Mendoza. Bar means the unification of the entire lawyer population requiring membership and financial support of every attorney as condition sine qua non to the practice of law and the retention of his name in the Roll of Attorneys of the SC.design] Bobbie_StaMaria. he migrated to the US where he worked. it was the root cause. Cecilio Arevalo (2005) F: The SC turned down Atty Arevalo’s request for exemption from IBP dues amounting to P12. All this could have been avoided had Atty. grave dishonesty. he could not be assessed his IBP dues having been prohibited from practice of law while in government service) and in 1986.head] [Nayna_Malayang. including the payment of a reasonable annual fee for the effective discharge of the purposes of the Bar. Balgo’s negligence in the preparation and safe-keeping of his proposed test questions was not the proximate cause for the leakage.legal_ethics] [Lianne_Gervasio.

secretariat] [Dionne_Sanchez. FAIRNESS AND CANDOR TOWARDS PROFESSIONAL COLLEAGUES  Zaguirre v. and candor toward his professional colleauges. courted her and promised marriage.acads] [Jam_Jacob.printing] [Miles_Malaya. Clearly therefore. but its continued possession is essential to maintain one’s good standing in the profession.  Canon 8. education. He offered the defense that he was not caught in flagrante delicto and he sought understanding from the court by pointing out that “men by nature are polygamous. He should expose without fear or favor before the SC corrupt or dishonest conduct in the profession and should not hesitate to accept professional employment against a lawyer who has wronged his client.03 NO CONDUCT ADVERSELY AFFECTING THE PROFESSION  Rule 7.03.labor_law] [Miguel_DeJesus. it is immaterial that the complainant is aware of his marital status or that he was not caught in pair delicto because this is not a proceeding to grant relief to the complainant but one to purge the law profession of unworthy members. or other relevant attribute.” The SC indefinitely suspended him from the practice of law for gross immoral conduct. who by now is a lawyer admitting his relationship with her and recognizing the baby she was carrying as his. 29 η RULE 7. to protect the public and the court. Atty.02.civ_law] [Hya_Rafael/Mac_Macapagal. A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law nor shall he. She presented an affidavit executed by Castillo. (He was not disbarred because Court took notice of the fact that he severed his ties with Zaguirre and now lives with his wife and children. Castillo refused to recognize the child and to give her any form of support. fairness. He should volunteer information or cooperate in any investigation concerning alleged anomaly in the bar examination. Zaguirre said that Castillo represented himself to be single.poli_law] [Ascheia_Yumul.tax_law] . Soon they had intimate relations and Zaguirre became pregnant.head] [Nayna_Malayang. What is in question in a case like this is respondent’s fitness to be a member of the legal profession. and shall avoid harassing tactics against opposing counsel. He admitted that he executed the affidavit but explained that he only did so to save Zaguirre from embarrassment. in a scandalous manner to the discredit of the legal profession. [Lorybeth_Baldrias.legal_ethics] [Lianne_Gervasio. he violated the standards of morality required of the legal profession and should be disciplined accordingly. During their affair.RULE 7.rem_law] [Paul_Sorino/Judy_Ripol. Castillo denied all her allegations and said that what transpired between them was nothing but mutual lust and desire. (it can be likened to a shield in defense of rights and to ward off wrong) CANON 8 COURTESY. In a disbarment proceeding. whether in public or private life. did Zaguirre learn that he was married. NOTES (Agpalo) η The best way a lawyer can uphold the integrity and dignity of the legal profession is not to engage in any conduct or do any act that adversely reflects on his fitness to practice law. nor to behave. Complainant’s admission to practice merely creates a rebuttable presumption that he has all the qualifications to become a lawyer. Castillo’s defenses are not feasible. when she gave birth. However. This is to help guard the profession from candidates who are unfit or unqualified.comm_law] [Ces_Sicangco/Rowena_Romero.design] Bobbie_StaMaria. Castillo (2003) F: Zaguirre and Castillo were officemates at the NBI. A lawyer shall conduct himself with courtesy. NOTES (Agpalo) η A lawyer should not readily execute an affidavit of good moral character in favor of an applicant who has not live up to the standard set by law. in his public or private life.deputy] [Rhudz_Raymundo.crim_law] [Vivian_Tan/Justin_Mendoza. A lawyer shall not support the application for admission to the bar of any person known by him to be unqualified in respect to character. Possession of good moral character is not only a condition precedent to admission to the legal profession. η Castillo was preparing for the bar exam which he passed. behave in a scandalous manner to the discredit of the legal profession.lectures] [Japee_DeLeon.) H: Respondent repeatedly engaged in sexual congress with a woman not his wife and refuses to recognize and support a child whom he previously recognized and promised to support.02 NOT TO SUPPORT APPLICANT UNQUALIFIED BAR  Rule 7. Only after Castillo was admitted to the Bar.

Rule 8. Nor should he make use.01 NO ABUSIVE AND IMPROPER LANGUAGE  Rule 8.01. A lawyer should not avoid performance of an agreement fairly made because it is not reduced to writing.secretariat] [Dionne_Sanchez. He should not take advantage of the excusable unpreparedness or absence of counsel during the trial of a case. A lawyer who thinks a case is weak may not criticize the lawyer who accepts it.design] Bobbie_StaMaria.lectures] [Japee_DeLeon.acads] [Jam_Jacob.02.head] [Nayna_Malayang. Candor. the complainant was already the counsel for the students in the civil case but that he still proceeded to negotiate with the students and their parents without at the very least communicating the matter to their lawyer. candid and courteous dealings with other lawyers and fidelity to known and recognized customs and practices of the bar that make the practice of law a profession are among the obligations of a lawyer. Manuel Camacho] of expelled AMA students filed this complaint against the lawyers comprising the Pagulayan and Associates Law Office for η [Lorybeth_Baldrias. encroach upon the professional employment of another lawyer. The fact that one of the lawyers conducts him/herself improperly does not relieve the other from professional obligation in his relation with him/her. much less should he attribute to him/her evil motive for taking up the client’s cause. Whatever illfeelings between clients should not influence counsel in their conduct and demeanor toward each other. His defense that the agreements were purely administrative does not hold because the manifestation stated that the students shall drop all civil. The students also wrote letters of apology. it is the right of any lawyer. The highest reward that can come to a lawyer is the esteem of his/her brethren. A lawyer shall not. offensive or otherwise improper. without fear or favor.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.rem_law] [Paul_Sorino/Judy_Ripol. Such action is not only immaterial but betrays lack of understanding of atty’s duties to client. Although respect and confidence is due to every colleague. criminal and administrative proceedings filed against it.poli_law] [Ascheia_Yumul. Pagulayan was aware that when the letters of apology and ReAdmission Agreements were formalized. A lawyer shall not. procuring without his knowledge compromise agreements during the civil case involving the students and the school. to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel. NOTES Agpalo η “Do as adversaries do in law: strive mightily but eat and drink as friends” should characterize the relationship between opposing counsel in a case. the secrets of the adverse party acquired thru design or inadvertence. Pangulayan from the practice of law for 3 months. RULE 8.deputy] [Rhudz_Raymundo.printing] [Miles_Malaya. A lawyer’s duty is to restrain client from improprieties and to terminate relation with him/her should the latter persist. offensive or otherwise improper. Pangulayan (2000) F: The counsel [our very own Prof. NOTES (Agpalo) η Observance of honorable. in professional dealings. in professional dealings.civ_law] [Hya_Rafael/Mac_Macapagal. use language which is abusive. His failure is an inexcusable violation of the canons of professional ethics and an utter disregard of a duty owing to a colleague. however.Rule 8. H: The IBP found that Atty. use language which is abusive. He alleges however that the agreements had nothing to do with the civil case but were purely administrative. to his or to his client’s benefit. It is won in unique conditions and is a tribute to exceptional power controlled by conscience and a sense of public duty—to a 30 η η η η η η  Camacho v. The agreements required the students to waive all kinds of claims they might have against AMA and to terminate all civil. directly or indirectly.legal_ethics] [Lianne_Gervasio. Pagulayan admits that only he participated in the formulation and execution of the various Re-Admission Agreements complained of. fairness and truthfulness should characterize the conduct of a lawyer with other lawyers. A lawyer shall not.01.comm_law] [Ces_Sicangco/Rowena_Romero. Atty. criminal and administrative proceedings against AMA. it is not improper for a lawyer to honor the just claim of a layman against another lawyer because such act is a mere honest effort to serve the interest of his/her client.tax_law] . The SC suspended Atty.

The decision should be accepted unless the nature of the difference makes it impracticable for the lawyer whose judgment has been overruled to cooperate effectively.legal_ethics] [Lianne_Gervasio.lectures] [Japee_DeLeon. 31 η  Laput v.crim_law] [Vivian_Tan/Justin_Mendoza. it was found that Mrs. provided that the other lawyer has been given notice of termination of service. the client should decide. There is no irregularity in the appearance of respondents as counsel.secretariat] [Dionne_Sanchez. however. it is his/her duty to ask client to relieve him/her. The fact that complainant was not able to get a copy was not the fault of respondents. He may accept employment to handle a matter previously handled by another lawyer. Without such notice.01 NOT TO ENCROACH ON PROFESSIONAL EMPLOYMENT  Rule 8.02.labor_law] [Miguel_DeJesus. Remotigue (1962) F: The SC dismissed the charges of Atty. The 2nd lawyer should communicate with the 1st before making an appearance. η η η CANON 9 UNAUTHORIZED PRACTICE OF LAW  Canon 9. The purpose is for the original lawyer to assert his/her right but the latter cannot insist that the new lawyer refuse employment in the matter merely because he claims the termination of his services is a breach of contract.poli_law] [Ascheia_Yumul. η RULE 8. Laput that the respondents nursed the desire of his former client to replace him. make comparisons or publicize his talent as a means to further his law practice. he may come into the case. When there is conflict of opinions between two lawyers jointly associated in a case. Barrera had dispensed of the complainant’s services and after the petitioner had voluntarily withdrawn. Barrera dismissed complainant as lawyer because she no longer trusted him because she found out that some checks were sent to the complainant instead of her and that several withdrawals were made by complainant in her account without her permission. H: The solicitor general found that before respondents filed their appearance.deputy] [Rhudz_Raymundo. in the absence of the adverse party’s counsel. the client had already filed with the court a pleading discharging the complainant. directly or indirectly. Neither should he disparage another. (cf. Complainants’ withdrawal and his filing of a motion for the payment of his attorney’s fees estop him from now complaining that the appearance of respondent Patlinghug is unprofessional.knightly bearing and valor in the hottest of encounters.tax_law] .acads] [Jam_Jacob. at the very least. he shall only appear once he has obtained conformity or has. In this event.rem_law] [Paul_Sorino/Judy_Ripol.printing] [Miles_Malaya. NOTES Agpalo η A lawyer should not steal the other lawyer’s client nor induce the latter to retain him by promise of better service.civ_law] [Hya_Rafael/Mac_Macapagal.design] Bobbie_StaMaria. Canon 9) A client’s proffer of assistance of additional counsel should not be regarded as evidence of want of confidence but the matter should be left to the determination of the client. A lawyer should not. Neither should he sanction the attempt of his client to settle a litigated matter with the adverse party without the consent or knowledge of the latter’s counsel. good result or reduced fees for his services. [Lorybeth_Baldrias. they only entered their appearance after Mrs. A lawyer shall not. A lawyer’s appearance in the case without notice to the first lawyer amounts to an improper encroachment upon the professional employment of the original counsel. interview the adverse party and question him as to the facts of the case even if the adverse party was willing to do so. To do so would be to deny litigant of the right to be represented at all times of his counsel of choice.comm_law] [Ces_Sicangco/Rowena_Romero. directly or indirectly. Should the 1st lawyer object. he should decline association but if the 1st lawyer is relieved. As for the respondents. Also. it is the right of any lawyer. encroach upon the professional employment of another lawyer. given sufficient notice of contemplated substitution. A lawyer shall not.head] [Nayna_Malayang. to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel. assist in the unauthorized practice of law. without fear or favor.

the SC found him to be in reality Andres Culanag who is not a member of the Philippine Bar. who was accepted to the bar upon a review of the records.comm_law] [Ces_Sicangco/Rowena_Romero. or 2.02.head] [Nayna_Malayang.acads] [Jam_Jacob. Respondent has shown moral unfitness to be a member of the Philippine Bar. money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement. Salazar (1999) F: Atty. Ladaga.Rule 9.01. The SC declared him guilty of indirect contempt and sentenced him to 3 months imprisonment.crim_law] [Vivian_Tan/Justin_Mendoza.secretariat] [Dionne_Sanchez.  Aguirre v. Atty.poli_law] [Ascheia_Yumul. The standards of the legal profession are not satisfied by conduct which merely enable one to escape the penalties of criminal law. A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law.” H: To engage in the practice of law is to perform acts which are usually performed by members of the legal profession. have been admitted to the IBP and remain members thereof in good standing.deputy] [Rhudz_Raymundo. H: [unnecessary] 32  Alawi v Alauya (1997) F: Alauya. Where a lawyer undertakes to complete unfinished or legal business of a deceased lawyer. Where a lawyer or law firm includes non-lawyer employees in a retirement plan.  OCA v. Ladaga had actually requested the Court Administrator for authority to appear but nonetheless appeared before authorisation could be given. Suarez.design] Bobbie_StaMaria. Nonetheless. and it is they only who are authorized to practice law in this jurisdiction. Masbate where he even filed a pleading representing himself as “counsel for and in behalf of Vice Mayoralty candidate George Bunan. v.labor_law] [Miguel_DeJesus. a member of the Shari’a Bar used the title of “attorney”. Rana’s having passed the bar and taking the oath does not make him a lawyer. to practice law is to render any kind of service which requires theuseof legal knowledge or skill.tax_law] . Where there is a pre-existing agreement with a partner or associate that. rather.printing] [Miles_Malaya. [Lorybeth_Baldrias. Passing the bar is not the only qualification to become an attorney-at-law. even if the plan is based in whole or in part. or 3. Ladaga (2001) F: The SC sternly reprimanded Atty. H: The title of “attorney” is reserved to those who. Rule 9. except: 1. H: Private practice does not pertain to an isolated court appearance. vocation or profession…). H: Acquittal upon a criminal charge is not a bar to proceedings intended to determine if a candidate is worthy to be admitted to the bar. It is the signing in the Roll of Attorneys that finally makes one of a fullfledged lawyer. His co-principal however was convicted. Generally. upon the latter’s death. In 1990.civ_law] [Hya_Rafael/Mac_Macapagal. The SC disbarred Del Rosario despite his acquittal. The fact that Rana passed the bar is immaterial. Rana (2003) F: Edwin Rana passed the 2000 Bar Examinations but was denied admission after it was found that he appeared as counsel for a candidate in the May 2001 elections before the Municipal Board of Election Canvassers of Mandaon. on profitsharing arrangement. A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the Bar in good standing. Rana was engaged in the practice of law when he appeared in the proceedings before the MBEC and filed various pleadings without license to do so. it contemplates a succession of acts of the same nature habitually or customarily holding one’s self to the public as a lawyer. though his appearances do not amount to private practice.lectures] [Japee_DeLeon.rem_law] [Paul_Sorino/Judy_Ripol. was acquitted of falsifying public documents. he still failed to obtain a written permission from the head of the Department as required by the Revised Civil Service Rules (No officer or employee shall engage directly in any private business. It is evident that the isolated instances when Misael appeared as pro bono counsel of his cousin do not constitute the “private practice” of the law profession contemplated by law. for practicing law without prior permission when he appeared as pro bono counsel for his cousin.legal_ethics] [Lianne_Gervasio.  In re del Rosario (1928) F: Del Rosario. At the hearing for this motion. having obtained the necessary degree in the study of law and successfully taken the Bar Examinations.  Sps. Manangan admitted that he is not a lawyer entitled to practice law in the Philippines and that despite the previous decision of the Court he continued to misrepresent himself to be an attorney-at-law. Filemon Manangan was hired by the petitioners as their counsel. Branch Clerk of Court the RTC of Makati.

then the case may not be delegated. which is paid to his estate or heirs the third exception to the rule does not involve. A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the Bar in good standing. Pulia was the authorized representative of private respondents. etc.design] Bobbie_StaMaria. H: A person not admitted to the bar may not hold himself out to the public as engaged in the practice of law. even if the plan is based in whole or in part. he was a non-lawyer who did not fall in either of the foregoing categories. and such relationship cannot exist unless the client’s representative is a lawyer.02. NOTES (Agpalo) 33 η the first two exceptions to the rule represent compensation for legal service rendered by the deceased lawyer during his lifetime. researches as long as they are not involved in the practice of law (e.tax_law] . on profit-sharing arrangement.. A signature in a pleading containing the name of one.legal_ethics] [Lianne_Gervasio. Furthermore. a division of legal fees with non-lawyer employees. by clear mandate of the law. or [Lorybeth_Baldrias. NOTES (Agpalo) η Can employ secretaries. Where a lawyer or law firm includes non-lawyer employees in a retirement plan.g.head] [Nayna_Malayang.01.civ_law] [Hya_Rafael/Mac_Macapagal. A signature by agents amounts to a signing by nonqualified attorneys the office of attorney being originally one of agency.labor_law] [Miguel_DeJesus.deputy] [Rhudz_Raymundo.01 NOT TO DELEGATE WORK  Rule 9. either alone or as associated with a practicing attorney under a firm name.02 NOT TO DIVIDE LEGAL FEES  Rule 9. 222 of the Labor Code as amended states that non-lawyers may appear before the NLRC or any labor arbiter only (1) if they represent themselves. Otherwise.  Five J Taxi v. appearing in court.lectures] [Japee_DeLeon.crim_law] [Vivian_Tan/Justin_Mendoza. US v Ney (1907) F: Bosque was not permitted to practice law as he refused to relinquish his status as a Spanish subject. upon the latter’s death.secretariat] [Dionne_Sanchez. RULE 9.rem_law] [Paul_Sorino/Judy_Ripol. Where there is a preexisting agreement with a partner or associate that. investigators. or (2) if they represent their organization or the members thereof. Hence. he is not entitled to attorney’s fees. While it may be true that Guillermo H. does not comply with the rules even if the name of a licensed attorney is included.) c.printing] [Miles_Malaya. The retirement benefits in the form of pension represent additional deferred wages or compensation for past services of the employees η NOTES (Jardeleza) η May a lawyer delegate a case to another lawyer within the same firm? If a client has specified the services of one particular attorney. A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law. money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement. not “writing” pleadings. the statutory rule that an attorney shall be entitled to have and recover from his client a reasonable compensation for his services necessarily imports the existence of an attorney-client relationship as a condition for the recovery of attorney’s fees. detectives.poli_law] [Ascheia_Yumul.comm_law] [Ces_Sicangco/Rowena_Romero. NLRC (1994) H: Art.acads] [Jam_Jacob. strictly speaking. it may be delegated. neither a party nor an attorney. Where a lawyer undertakes to complete unfinished or legal business of a deceased lawyer. or b. except: a. RULE 9.

nor is it mere words. the SC was compelled to observe that the petitioners resorted to a series of actions and petitions. respondent is the brother in law of the complainant.  Cobb Perez v. Corollarily.printing] [Miles_Malaya. assist in the speedy and efficient administration of justice. and refraining from any impropriety tending to influence the court in the performance of its judicial function η The first duty of a lawyer is not to his client but to the administration of justice η A lawyer is not an umpire but an advocate. He was also consulted with regard to the falsification of complainant’s signature in the extrajudicial settlement. Rule 10.crim_law] [Vivian_Tan/Justin_Mendoza. drift and hollow. but a sacred trust that lawyers must uphold and keep inviolable at all times.secretariat] [Dionne_Sanchez. to be paid by their counsel. or the text of a decision or authority.lectures] [Japee_DeLeon. faithful and hones. or knowingly cite as law a provision already rendered inoperative by repeal or amendment. A lawyer shall not knowingly misquote or misrepresent the contents of a paper.01.Chapter 3 The Lawyer and the Court CANON 10 OBSERVE CANDOR. Being married to complainant’s sister. fairness and good faith to the Court.tax_law] .02.acads] [Jam_Jacob. he presented such document to the Registry of Deeds to secure a new title to the lot in favour of his wife and her sibling.deputy] [Rhudz_Raymundo.03. for the sole purpose of thwarting the execution of a simple money judgment which had long become final and executory. [Lorybeth_Baldrias. the duty to be candid. abetted by their counsel. Torres for facilitating the conveyance of the property of his parents in law by way of an extrajudicial partition of the properties. generally η A lawyer owes to the court. the language or the argument of opposing counsel. a lawyer is continually accountable to the court for the manner he discharges his duties and is always subject to its disciplinary control η The power to exclude persons from the practice of law is but a necessary incident of the power to admit persons to said practice Lawyer’s duty to court. the Court assessed treble costs against the petitioners. H: The oath to which all lawyers have subscribed in solemn agreement to dedicate themselves to the pursuit of justice is not a mere ceremony or formality for practicing law to be forgotten afterwards. He takes part in one of the most important functions of the state— administration of justice η As an officer of the court and as part of the machinery for the administration of justice.head] [Nayna_Malayang.civ_law] [Hya_Rafael/Mac_Macapagal. Instead of advising her to secure a written special power of attorney and against committing falsification.design] Bobbie_StaMaria. The petitioners and their counsel. or assert as a fact that which has not been proved. Rule 10. FAITH observe and maintain the respect due it and judicial officers.rem_law] [Paul_Sorino/Judy_Ripol. as its officer.labor_law] [Miguel_DeJesus. The SC denied this motion for reconsideration by said counsel who justified their position thus: “If there was a 34 FAIRNESS & GOOD  Canon 10. Rule 10. tried to use them to subvert the very ends of justice. far from viewing the courts as sanctuaries for those who seek justice. Torres (2004) F: The SC disbarred Atty. The document falsified the signature of the complainant and asserted that there were no other compulsory heirs.comm_law] [Ces_Sicangco/Rowena_Romero. NOTES (Agpalo) η A lawyer is first and foremost an officer of the court. nor shall he mislead or allow the Court to be misled by an artifice. A Lawyer owes candor.legal_ethics] [Lianne_Gervasio. Also. nor consent to the doing of any in Court. he knew of his wife’s siblings. A lawyer shall not do any falsehood.poli_law] [Ascheia_Yumul. A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. Lantin (1968) F: In a previous decision. He is under no duty to refrain from taking every proper argument in support of any legal point because he is not convinced of its inherent soundness  Ting Dumali v.

poli_law] [Ascheia_Yumul. it was because petitioners’ counsel happened to be more assertive… a quality of lawyers which is not to be condemned.crim_law] [Vivian_Tan/Justin_Mendoza. however important.design] Bobbie_StaMaria. Correspondingly. including a private prosecutor. as an honest man and as a patriotic and loyal citizen.acads] [Jam_Jacob. as in the case at bar.head] [Nayna_Malayang. what we do not and cannot countenance is a lawyer’s insistence despite the patent futility of his client’s position.lectures] [Japee_DeLeon.01 is also found in the lawyer’s oath.secretariat] [Dionne_Sanchez. The lawyer's duty in its last analysis. who prosecutes false charges or complaints. A lawyer should volunteer to the court any development of the case which has rendered the issue raised moot and academic thus avoiding the time of the court from being wasted. No client corporate or individual. through negligence in the performance of his duties as counsel for a party. and temper his client’s propensity to litigate. failed to discover the falsity of the document which he offered in evidence. Rule 10. it must be shown that the charges are false and the lawyer knows them to be so. its primacy is indisputable.labor_law] [Miguel_DeJesus.rem_law] [Paul_Sorino/Judy_Ripol. ordinarily a layman to the intricacies and vagaries of the law. he may still be dealt with administratively notwithstanding lack of intent on his part to deceive [Lorybeth_Baldrias. may not prefer nor file false charges against another without being disciplined for his action η To warrant disciplinary action against a lawyer. or deception or betrayal of the public. nor shall he mislead or allow the Court to be misled by an artifice.delay.tax_law] . which we are bound to uphold. nor consent to the doing of any in Court.01. Rule 10.comm_law] [Ces_Sicangco/Rowena_Romero. though until a statute shall have been construed and interpreted by competent adjudication he is free and is entitled to advise as to its validity and as to what he conscientiously believes to be its just meaning and extent. He must also observe and advice his client to observe the statute law. A lawyer should not conceal the truth from the court. or disrespect of the judicial office.01 Truthfulness Towards the Court  Rule 10. however. 35 η η η η η Preferring false charges η A lawyer.civ_law] [Hya_Rafael/Mac_Macapagal. on the merit or lack of merit of his case. It would be a great detriment to.” H: A counsel’s assertiveness in espousing with candour and honesty his client’s cause must be encouraged and is to be commended. the administration of justice if the courts could not rely on the submissions and representations of lawyers in the handling of their cases. nor mislead the court in any manner no matter how demanding his duties to clients may be. Lawyers have the fundamental duty to satisfy that expectation. When rendering any such improper service or advice. (malice or bad faith) Introducing false evidence η A lawyer who introduces evidence in any proceeding that he knows is false violates his duty to do no falsehood nor consent to the doing of any. or corruption of any person or persons exercising a public office or private trust. the lawyer invites and merits stern and just condemnation. civil or political. he advances the honour of his profession and the best interests of his client when he renders service or gives advice tending to impress upon the client and his undertaking exact compliance with the strictest principles of moral law. But above all a lawyer will find his highest honour in a deserved reputation for fidelity to private trust and to public duty. If he finds that his client’s cause is defenceless. powerful nor any cause.  Canon 32 Code of Professional Ethics.deputy] [Rhudz_Raymundo. A lawyer must resist the whims and caprices of his client. is entitled to receive nor should any lawyer render any service or advice involving disloyalty to the laws whose ministers we are. A lawyer’s oath to uphold the cause of justice is superior to his duty to his client.legal_ethics] [Lianne_Gervasio. if not a failure of. NOTES (Agpalo) η Candor especially towards the court is essential to the speedy administration of justice. η If a lawyer. A lawyer shall not do any falsehood. Courts are entitled to expect only complete honesty from lawyers appearing before them. then it is his bounden duty to advise the latter to acquiesce and submit rather than traverse the incontrovertible.printing] [Miles_Malaya. It is the duty of a counsel to advise his client.

hence. 12 because he had to attend the hearing of a Habeas Corpus Case. Aquino was separated from the CLAO on Oct 1.head] [Nayna_Malayang. After working on the case. Cuaresma was aware of said civil case and that he was given notice of 30 days. that he was only given 3 days notice of the order for the demolition of his house. it isn’t unreasonable to assume that his deficiency in the mode of expression contributed to the inaccuracy of his statements. Flores sought the assistance of the Citizen’s Legal Assistance Office (CLAO). He further explained that it had been an honest mistake and that there was no deliberate attempt to mislead the Court. judging from the awkwardly-worded petition and even his compliance quite indicative of either carelessness or lack of proficiency in the handling of the English language. Aquino (1999) F: Afurong filed a complaint for ejectment against Victorino Flores for non-payment of rentals.rem_law] [Paul_Sorino/Judy_Ripol. 1975.civ_law] [Hya_Rafael/Mac_Macapagal. His case was assigned to Aquino. Young v.poli_law] [Ascheia_Yumul. then still an employee of CLAO. 2000.  Cuaresma v. NOTES (Agpalo) η In citing the SC decisions and [Lorybeth_Baldrias. However. Moreover. as shown by the Certificate of Detention of NBI. or assert as a fact that which has not been proved. Furthermore.legal_ethics] [Lianne_Gervasio. The SC suspended Afurong from the practice of law for six months.comm_law] [Ces_Sicangco/Rowena_Romero. But after this date. and such defenses only as he believes to be honestly debatable under the law. Respondent should not have filed a petition for certiorari considering that there was no apparent reason for it than to delay the execution of a valid judgment. After the court issued a writ of execution. Moreover. Batuegas (2003) F: The Court suspended lawyers who filed a Manifestation with Motion for Bail on Dec 13. He explained that what he meant was that he had no knowledge of the Civil case from 1968 – 1970 and that he only had knowledge of the case after the decision was rendered. H: Though his explanation appears to be a mere afterthought there is the assumption of good faith in favour of respondent.tax_law] .  Afurong v. 14 H: A lawyer must be a disciple of truth. due to heavy traffic. they craftily concealed the truth by alleging that accused had voluntarily surrendered to a person in authority and was under detention. alleging that the accused voluntarily surrendered to a person in authority. that he was not given his day in court. In fact.secretariat] [Dionne_Sanchez. H: It is the duty of an attorney to counsel or maintain such actions or proceedings only as appear to him to be just.lectures] [Japee_DeLeon. This excuse was proven to be false as there were no such case.printing] [Miles_Malaya. 2000.deputy] [Rhudz_Raymundo.crim_law] [Vivian_Tan/Justin_Mendoza. they arrived at the NBI at 2:00 am the next day. the language or the argument of opposing counsel.” Respondent lawyers fell short of the duties and responsibilities expected from them as members of the bar. Such act violates the canons of professional ethics which obliges an attorney to avoid the concealment of the truth from the court. respondent committed falsehood when he stated that he had to attend another (nonexistent) hearing. or the text of a decision or authority.02. Every member of the bar should realize that candor in the dealings with the court is the very essence of honorable membership in the profession. upon learning that a warrant of arrest was issued for their client. Anticipating that their motion for bail will be denied by the court if it found that it had no jurisdiction over the person of the accused.acads] [Jam_Jacob. 36 RULE 10. the certificate of detention indicated the accused surrendered on Dec. Respondents declared that on Dec 13. Respondent failed to attend the pre-trial on Dec. they filed the Manifestation with motion for bail with the trial court. Aquino purposely allowed the court to believe that he was still employed with the CLAO when in fact he had been purged from the said office. signing his name as counsel for Flores and indicating the address of CLAO as his office address. Then they immediately fetched the accused in Cavite and brought him to the NBI to voluntarily surrender.design] Bobbie_StaMaria. A lawyer shall not knowingly misquote or misrepresent the contents of a paper. or knowingly cite as law a provision already rendered inoperative by repeal or amendment.labor_law] [Miguel_DeJesus. He swore upon his admission to the bar that he will “do no falsehood nor consent to the doing of any in court” and he shall “conduct himself as a lawyer according to the best of his knowledge and discretion with all good fidelity as well to the courts as to his clients. he still filed an urgent motion for postponement.02 NOT TO MISQUOTE OR MISREPRESENT CONTENTS OF PAPER  Rule 10. The truth is that the accused only surrendered on Dec 14. Daquis (1975) F: Cuaresma’s lawyer filed a petition for certiorari on stating therein that his client had no knowledge of a previous civil case instituted by Daquis against him.

offensive or menacing language or behavior before the courts. H: The Court believes it is more a result of clerical ineptitude than deliberate attempt to mislead. Only from this Tribunal’s decisions and rulings do all other courts.-NATU v.legal_ethics] [Lianne_Gervasio.20(d) Duties of attorney’s—It is the duty of an attorney (d) to employ. They should not misuse them.02.03 OBSERVE RULES OF PROCEDURE  Rule 10. A lawyer shall abstain from scandalous. A lawyer shall punctually appear at court hearings.tax_law] . They should not be used to derail such ends. it is the bounden duty of courts.05. It also guarantees the stability of their institution. A lawyer shall submit grievances against a Judge to the proper authorities only. for the purpose of maintaining the causes confided to him. This duty also devolves upon students who will choose to enter the legal profession. as by filing multiple petitions regarding the same cause of action of by deliberately misreading the law to seek a reopening of a case long decided. Rule 11. Ever presenting the danger that if not faithfully and exactly quoted. η This is not for the sake of the temporary incumbent of the judicial office but for the maintenance of its supreme importance.deputy] [Rhudz_Raymundo.lectures] [Japee_DeLeon. RULE 10. The Companies have the prima facie right to rely on the quotation as it appears on respondent judge’s decision.acads] [Jam_Jacob.comm_law] [Ces_Sicangco/Rowena_Romero.01. it is the bounden duty of courts. Rule 11.labor_law] [Miguel_DeJesus.secretariat] [Dionne_Sanchez. and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact of law. Rule 11.design] Bobbie_StaMaria.civ_law] [Hya_Rafael/Mac_Macapagal.rulings. CANON 11 RESPECT COURTS AND JUDICIAL OFFICERS  Canon 11. NOTES (Agpalo) Respect due to the courts.printing] [Miles_Malaya.rem_law] [Paul_Sorino/Judy_Ripol. A lawyer shall observe and maintain the respect due to the courts and judicial officers and should insist on similar conduct by others. judges and lawyers to reproduce or copy the same word-for-word and punctuation markfor-punctuation mark. as well as lawyers and litigants. Insular Life Assurance (1970) F: The SC denied the petition to cite the presiding judge of the CIR in contempt for misquoting a decision of the SC. A lawyer shall appear in court properly attired.03. take their bearings. such means only as are consistent with truth and honor.  Rule 138.crim_law] [Vivian_Tan/Justin_Mendoza. A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. judges and lawyers to reproduce or copy the same word-for-word and punctuationmark-for-punctuation-mark 37  Insular Life Assurance Employees Assoc. and their failure to discharge such duty may prevent them from being inducted into the office of attorney η η [Lorybeth_Baldrias. η A lawyer should conduct himself toward judges with that courtesy all have a right to expect and with the propriety which the dignity of the courts requires.head] [Nayna_Malayang.poli_law] [Ascheia_Yumul. NOTES (Agpalo) η Procedural rules are instruments in the speedy ad efficient administration of justice. They have as much the same duty as a member of the bar to observe and maintain the respect due the courts. Rule 11.03. the decisions and rulings of this Court may lose their proper and correct meaning. Rule 11. However. Respect of courts helps build high esteem and regard toward them which is essential to the proper administration of justice. A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case. the Court articulates it’s firm view that in citing this Court’s decision and rulings.04.

 In re Vicente Sotto (1949) F: Atty. is to change the members of the Supreme Court.tax_law] . so that even the deaf may hear: the Supreme Court of today is a far cry from the impregnable bulwark of Justice of those memorable times of Cayetano Arellano. but for the maintenance of its supreme importance. to discourage other people from so doing and to come to his defense. “willful”—flagrant misconduct such as would indicate a disposition on the part of a lawyer so unruly as to affect his qualifications and standing for the further exercise of his profession. Respondent judge issued in criminal cases an Order of Direct Contempt of [Lorybeth_Baldrias.printing] [Miles_Malaya.secretariat] [Dionne_Sanchez. η η This is essential to the maintenance of government of laws and not of men.lectures] [Japee_DeLeon.labor_law] [Miguel_DeJesus. Court against herein petitioners.deputy] [Rhudz_Raymundo. H: In this case. The SC held that the order of direct contempt was void because (1) it was issued without charge and hearing. Lawyers should bear in mind their basic duty “to observe and maintain the respect due to the courts of justice and judicial officers and to insist on similar conduct by others” (Canon 11 CPR). (He will introduce a bill in Congress reorganising the judicary)… the SC of today constituted a constant peril to liberty and democracy. the statements are not contemptuous but merely descriptive of plaintiff’s cause of action.poli_law] [Ascheia_Yumul. Court orders. and (2) it was irregularly issued as an incident in already terminated criminal cases. It is the duty of the lawyer to come to his defense for no other person than a lawyer who can better appropriately support the judiciary and judicial officers Guerrero v. I believe that the only remedy to put an end to so much evil. η Court orders no matter how erroneous they may be.design] Bobbie_StaMaria. However.Obeying court orders. Lawyers are particularly called upon to obey court orders and processes. finding them guilty and sentencing them to 5 days imprisonment and a fine of P500. wrote his opinion in the Manila Times regarding the SC’s decision. very loudly. Victorino Mapa. erroneous they may be. must be respected especially by lawyers who are officers of the court. In the wake of so many blunders and injustices deliberately committed during these last years. Vicente Sotto. The Power to punish for contempt should be used sparingly and should be exercised only for purposes that are impersonal. Some parts of Sotto’s statement include the following “I regret to say that our High Tribunal has not only erroneously interpreted [the Press Freedom Law] but that it is once more putting in evidence the incompetency or narrow-mindedness of the majority of its members. It will be a trying ordeal for lawyers under certain conditions. then a Senator of the Republic. η A lawyer should refrain from subjecting the judge to wild and groundless accusation. outside of his court. must be respected especially by lawyers who are themselves officers of the court A lawyer who gives a clearly unsatisfactory explanation as to why he failed to comply with a lawful order or who simply ignores it commits an act within the meaning of the term “willful disobedience”. the power being intended as a safeguard not for the judges as persons but for the functions they exercise.rem_law] [Paul_Sorino/Judy_Ripol. It need to be said loudly.” Sotto argues that the SC has no power to impose penalties on the citizens absent legislation. to defend himself against unfounded criticism. Manuel Araullo and other learned jurists who were the honour and glory of the Philippine Judiciary.head] [Nayna_Malayang. discipline and self-restraint on the part of the bar under these conditions are necessary of the orderly administration of justice. Villamor (1989)  F: Consequent to the dismissal of some criminal cases for qualified theft against one Gloria Naval by respondent Judge Villamor.00 for degrading the respect and dignity of the court through the use of contemptuous language before the court. It may happen that counsel possessed greater knowledge of the law that the judge who presides. η A judge lacks the power. On the other hand.crim_law] [Vivian_Tan/Justin_Mendoza. the offended party thru his lawyer and herein copetitioner filed before the RTC an action for damages against respondent judge for knowingly rendering an unjust judgment in the aforesaid criminal cases.civ_law] [Hya_Rafael/Mac_Macapagal. There the SC cited in contempt a reporter for his refusal to divulge his source of news published in the paper.comm_law] [Ces_Sicangco/Rowena_Romero. He also claims that he is 38 η η η Defending judges from unjust criticism. is to be observed not for the sake of the temporary incumbent of the judicial office. however.acads] [Jam_Jacob. In re Angel Parazo which was then pending reconsideration. This attitude is best shown through scrupulous preference for respectful language.legal_ethics] [Lianne_Gervasio.

A lawyer punctually appear at court hearings.crim_law] [Vivian_Tan/Justin_Mendoza. which was then and still is pending reconsideration by this court upon petition of Angel Parazo.poli_law] [Ascheia_Yumul.deputy] [Rhudz_Raymundo.comm_law] [Ces_Sicangco/Rowena_Romero.labor_law] [Miguel_DeJesus. to which he owes fidelity according to the oath he has taken as such attorney. Sloppy or informal attire adversely reflects on the lawyer and demeans the dignity and solemnity of court proceedings.02.02 PUNCTUALITY  Rule 11.legal_ethics] [Lianne_Gervasio. He claims he has no intention of offending any of the majority of the honourable members of the tribunal. As a member of the bar and an officer of the courts. But respondent does not merely criticize or comment on the decision of the Parazo case. As important as the maintenance of an unmuzzled press and the free exercise of the right of the citizen. A lawyer shall abstain from scandalous. and consequently to lower or degrade the administration of justice by the SC. or repeated tardiness in. and thus embarrass or obstruct the administration of justice.rem_law] [Paul_Sorino/Judy_Ripol. Respondent’s assertion that his statement was made in good faith and without intention of offending any member of the SC may mitigate but not exempt him from liability for contempt of court.secretariat] [Dionne_Sanchez. but if it is not well taken and obviously erroneous. 39 RULE 11. However. He also attacks the honesty and integrity of the SC into disrepute and degrading the administration of justice. It is also well settled that an attorney as an officer of the court is under special obligation to be respectful in his conduct and communication to the courts. It is also true that the constitutional guaranty of freedom of speech and the press must be protected to its fullest extent. The SC cited Sotto in contempt required him to show cause why he should not be disbarred. the prohibition of a dress whose hemline was five inches above the knee was held to be acceptable as such “had become an accepted mode of dress even in places of worship. NOTES (Agpalo) η A lawyer owes the court and his client the duty to punctually appear at court proceedings shall η Inexcusable absence from.01. it should not influence the court in reversing or modifying its decision. offensive or menacing language or behavior before the courts.” A lawyer shall appear in (Agpalo) η η Barong Tagalog or a coat and tie Respect begins with the lawyer’s outward physical appearance in court. court properly attired. and not to promote distrust in the administration of justice.civ_law] [Hya_Rafael/Mac_Macapagal.exercising his freedom of speech and that his statement was done in utmost good faith.lectures] [Japee_DeLeon.printing] [Miles_Malaya. soundness or unsoundness of the decision of the court in a pending case made in good faith may be tolerated.design] Bobbie_StaMaria.03. he may be removed from office or stricken from the roll of attorneys as being guilty of flagrant misconduct. H: Mere criticism or comment on the correctness or wrongness. His statement necessarily undermines the confidence of the people in the honesty and integrity of the members of this Court.head] [Nayna_Malayang. NOTES (Aguirre) η Courts have ordered a male attorney to wear a necktie and have prohibited a female attorney from wearing a hat. is the maintenance of the independence of the judiciary.03 PROPER LANGUAGE AND BEHAVIOUR  Rule 11. but license or abuse of liberty of the press and of the citizen should not be confused with liberty in its true sense. which without such guaranty would be resting on a very shaky foundation. Sotto is duty bound to uphold the dignity and authority of this court.tax_law] . because if well founded it may enlighten the court and contribute to the correction of an error if committed. RULE 11. Respect to the courts guarantees the stability of other institutions. attending a pre-trial or hearing may subject the lawyer to disciplinary action as his actions showing disrespect to the court make him guilty of contemptuous behavior RULE 11. He not only intends to intimidate the members of this Court with the presentation of a bill in the next Congress reorganizing the SC and reducing the members of justices from eleven to seven who are “incompetent and narrow-minded” in order to influence the final decision of said case by this Court. [Lorybeth_Baldrias.01 PROPER ATTIRE  Rule 11.acads] [Jam_Jacob..

Neither does the mistake of a judge in some of his rulings warrant the use of offensive language η There is no defense against the use in a pleading by a lawyer of disrespectful. evidence that the language employed is justified by the facts is not admissible as a defense Judge’s Courtesy η The duty to observe and maintain respect is not a one-way duty from a layer to a judge. a former judge and counsel for petitioners Jose and Lutgarda Sangalang.” A lawyer’s "first duty is not to his client but to the administration of justice.comm_law] [Ces_Sicangco/Rowena_Romero..deputy] [Rhudz_Raymundo. In that event.secretariat] [Dionne_Sanchez. Cezar Sangco. threatening. The latter did so via a minute resolution." And while a lawyer must advocate his client's cause in utmost earnest and with the maximum skill he can marshal.. to that end.printing] [Miles_Malaya. Atty. as well. 25.. fair. combative. The SC suspended him from the practice of law for three months. He should be courageous. not petulant. as an open assault upon the Court’s honor and integrity. he does not dictate. intemperate and uncalled-for.lectures] [Japee_DeLeon. it is the prerogative of an unsuccessful party to ask for reconsideration.legal_ethics] [Lianne_Gervasio.. without basis.civ_law] [Hya_Rafael/Mac_Macapagal. the lawyer must always act within the limits of propriety and good taste and with deference for the judges before whom he pleads his client’s cause η A lawyer should not assail. Certainly.acads] [Jam_Jacob. but as we held in Laureta.” He indicted the Court as a 40 [Lorybeth_Baldrias.head] [Nayna_Malayang. but comes.  In re Vicente Raul Almacen (1970) F: Atty. In that motion. or bellicose in his dealings with the court η While criticism of judicial conduct is not forbidden and zeal in advocacy is encouraged. As we indicated the movants have raised no new arguments to warrant reconsideration and they can not veil that fact with inflammatory language. The trial court rendered judgment against his client.NOTES (Agpalo) Lawyer’s Courtesy η It must never be forgotten that a lawyer pleads. 1967) in protest against what he asserts as “a great injustice committed against his client by this SC. A judge should show no shortness of temper which merely detracts from the equanimity and judiciousness that should be the constant marks of a dispenser of justice η A judge may utilize his opportunities to criticize and correct unprofessional conduct of attorneys but he may not do so in an insulting manner  Sangalang v. it is the Court’s duty “to act to preserve the honor and dignity. he claimed that the Court’s decision “reads more like a Brief for Ayala” and that the Court has “not only put to serious question its own integrity and competence but also jeopardized its own campaign against graft and corruption undeniably pervading the judiciary. abusive. he is not at liberty to resort to arrogance. he has done an enormous disservice to the integrity of the highest tribunal and to the stability of the administration of justice in general.rem_law] [Paul_Sorino/Judy_Ripol.poli_law] [Ascheia_Yumul.design] Bobbie_StaMaria. his client's success is wholly subordinate. was charged for contempt for using “intemperate and accusatory language” in his motion for reconsideration. Both the CA and the SC dismissed his appeals.” He also accused the Court of judicial arrogance. Yaptingchay. Sangco is entitled to his opinion but not to a license to insult the Court with derogatory statements and recourses to argumenta ad hominem. the personal integrity of a judge and accuse him of misfeasance in an attempt to hide his own inadequacies and omissions to escape criticism of his client η The discharge of the lawyer’s duty to his client does not justify or require the use of defamatory or threatening words. Sangco’s statements disparaging. It cannot be justified by the constitutional right of free speech for such right is not absolute and its exercise must be within the context of a functioning and orderly system of dispensing justice η Where words are abrasive or insulting. Atty.labor_law] [Miguel_DeJesus. Vicente Raul Almacen was a counsel for defendant in civil case Calero vs. intimidation.tax_law] . litigants should not "'think that they will win a hearing by the sheer multiplication of words'".and to safeguard the morals and ethics of the legal profession. Angered. and abrasive language. and innuendo. He should be aware that because of his accusations. and circumspect. His suggestions that the Court might have been guilty of graft and corruption in acting on these cases are not only unbecoming. H: The Court found Atty. IAC (1989) F: Atty.crim_law] [Vivian_Tan/Justin_Mendoza. and his conduct ought to and must always be scrupulously observant of law and ethics. Almacen filed a “Petition to Surrender Lawyer’s Certificate of Title” (Sept.

Almacen offered no apology. bring this Court and its members into disrepute and destroy public confidence in them to the detriment of the orderly administration of justice. who ignore without reasons their own applicable decisions and commit culpable violations of the Constitution with impunity. dumb in the sense that inspite of our beggings.labor_law] [Miguel_DeJesus. But the cardinal condition of all such criticism is that is shall be bona fide and shall not spill over the walls of decency and propriety..tax_law] . Almacen used his proffered surrender of his lawyer’s certificate as a vehicle for his vicious tirade against this Court. He used vicious language and scurrilous innuendos that transcend the permissible bounds of legitimate criticism. The danger of confusing fury to an attack on one’s integrity.printing] [Miles_Malaya.” Denying the charges.. The SC then required Almacen to show cause “why no disciplinary action should be taken against him.” Almacen repeated his “jeremiad of lamentations. competence and honesty.lectures] [Japee_DeLeon. a victim of silent injustices and short-cut justice.. Any criticism of the Court must possess the quality of judiciousness and must be informed by perspective and infused by philosophy. Like any other Government entity in a viable democracy. if not a total distortion.head] [Nayna_Malayang.” this time quoting from the Bible. to say that the members of the Court are the complainants. the Court is not.” H: Every citizen has the right to comment upon and criticize the actuations of public officers. In his written explanation. picturing his client as a sacrificial victim at the altar of hypocrisy. generosity. As a citizen and as officer of the court.” He vowed to argue before the people’s court and disclosed the contents of the petition to the media. The SC decided to withhold action until Almacen actually surrendered his certificate.legal_ethics] [Lianne_Gervasio. a lawyer is expected not only to exercise his right. and the independence of the Bar. provided it is done in respectful terms and through legitimate channels. “with imminent danger to the admin of justice” is the reason why the courts have been unwilling to inflict punishment on those who assail their actuations.” he preferred to be heard and to answer questions in a public hearing. more important of all.deputy] [Rhudz_Raymundo. prosecutor and Judge. A lawyer’s right to criticize the acts of courts and judges in a proper and respectful way and through legitimate channels is well recognized. They could serve no other purpose but to gratify the spite of an irate attorney. The reason is that an attorney does not surrender his right as a citizen to criticize the decisions of the court in fair and respectful manner. and requires detachment and disinterestedness. But since no word came from him. Criticism has been an important part of the traditional work of a lawyer. the Court reminded him of his offer. NOTES (Agpalo) η The rule allows such criticism so long as it is supported by the record or it is material to the case. Almacen replied that he has no pending petition as regards the Calero case.04.secretariat] [Dionne_Sanchez. What a lawyer can ordinarily say against a concluded litigation and the manner the judge handed down the decision therein may not generally be said to a pending action. attract public attention to himself and.crim_law] [Vivian_Tan/Justin_Mendoza. Valid and healthy criticism is by no means synonymous to obloquy. he asked to give his reasons in an “open and public hearing. But a critique of the Court must be intelligent and discriminating. but also deaf and dumb. fairness. “Atty. oral arguments will be deemed waived. not one word was spoken or given.” He further said that “justice as administered by present members of the Supreme Court is not only blind. assailing the justice system as “. Almacen explained that since the Court is “the complainant. and pleadings to give us reasons why our appeal has been DENIED.acads] [Jam_Jacob. fitting to its high function as the court of last resort.deaf in the sense that no members of this Court has ever heard our cries for charity. above criticism. as well as the judiciary. A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case. For courageous and fearless advocates are the strands that weave durability into the tapestry of justice.poli_law] [Ascheia_Yumul. to which the Court consented. η [Lorybeth_Baldrias.” SC warned him that if he did not give reasons for his request within 5 days. but also to consider it his duty to avail of such right. supplications. has always been encouraged by the courts. He particularly attacked the minute resolution.design] Bobbie_StaMaria. The Court also treats with forbearance and restraint a lawyer who vigorously assails their actuations.tribunal “peopled by men who are calloused to our pleas for justice. SC called the answer “as undignified and cynical as it is unchastened. sympathy and for justice. He caused the publication of his petition and he expressed no regret or apology. This was published in the Manila Times and the Manila Chronicles. and should not be.civ_law] [Hya_Rafael/Mac_Macapagal. understanding.04 NOT TO ATTRIBUTE TO JUDGE MOTIVES  Rule 11.comm_law] [Ces_Sicangco/Rowena_Romero. 41 RULE 11. He also asked for leave to file a written explanation.. prosecutors and judges all rolled up into one. It is an utter misapprehension.rem_law] [Paul_Sorino/Judy_Ripol.

or b. memoranda or briefs. CANON 12 ASSIST IN SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE  Canon 12. authentication or custody of an instrument.poli_law] [Ascheia_Yumul.acads] [Jam_Jacob. η  Maceda v.02.civ_law] [Hya_Rafael/Mac_Macapagal. Rule 12.06 A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another. while the witness is still under examination. Rule 12.05.05 GRIEVANCES AGAINST JUDGES—  Rule 11. and the like. The Ombudsman could therefore entertain the criminal complaint. Vasquez (1993) F: This prayer for preliminary mandatory injunction is with regard to whether the office of the ombudsman could entertain a criminal complaint for the alleged falsification by Judge Maceda of his certificate of service submitted to the SC. Rule 12.legal_ethics] [Lianne_Gervasio. 1.printing] [Miles_Malaya. He should also be ready with the original documents for comparison with the copies.03.tax_law] . the evidence he will adduce and the order of its proferrence. and assuming that it can. the investigation being conducted by the Ombudsman encroaches into the Court’s power of administrative supervision over all courts and its personnel. after obtaining extensions of time to file pleadings. the Ombudsman must defer action on said complaint and refer the same to the SC for determination whether said judges or court employees acted within the scope of their administrative duties. browbeat or harass a witness nor needlessly inconvenience him. [the SC is the proper authority] NOTES (Agpalo) η The duty to respect does not preclude a lawyer from filing administrative complaints against erring judges. However. sec. The lawyer shall not file an administrative case until he has exhausted judicial remedies which result in a finding that the judge has gravely erred. Rule 12.rem_law] [Paul_Sorino/Judy_Ripol. whether a referral should be made first to the SC. A lawyer shall not file multiple actions arising from the same cause. The cardinal condition of all such criticism is that it shall be bona fide. and shall not spill over the wall of decency and propriety. A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice. A lawyer shall not.deputy] [Rhudz_Raymundo. against Maceda.labor_law] [Miguel_DeJesus.crim_law] [Vivian_Tan/Justin_Mendoza. Otherwise.04. 6. on formal matters. Rule 140. in cases where his testimony is essential to the ends of justice. A lawyer shall submit grievances against a Judge to the proper authorities only.lectures] [Japee_DeLeon. where a criminal complaint against a judge or other court employees arises from their administrative duties. Rule 12. Rule 12. VIII. in violation of the doctrine of separation of powers. Rules of Court) and criminally liable to the State under the Revised Penal Code for his felonious conduct.01. A lawyer shall not unduly delay a case.07 A lawyer shall not abuse. in the absence of any administrative action taken [Lorybeth_Baldrias.08 A lawyer shall avoid testifying in behalf of his client. on substantial matters.comm_law] [Ces_Sicangco/Rowena_Romero. H: A judge who falsifies his certificate of service is administratively liable to the SC for serious misconduct and inefficiency (Sec. or from acting as counsel for clients who have legitimate grievances against them.head] [Nayna_Malayang. let the period lapse without submitting to the same or offering an explanation for his failure to do so.secretariat] [Dionne_Sanchez.05 A lawyer shall refrain from talking to his witness during the break or recess in the trial. 42 RULE 11. Rule 12. Rule 12.η Once a litigation is concluded the judge who decided it is subject to the same criticism as any other public official because then his ruling becomes public property and is thrown open to public scrutiny. impede the execution of a judgment or misuse court processes. except: a.  Const art. The Supreme Court shall have administrative supervision over all courts and the personnel thereof.design] Bobbie_StaMaria. A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of his case. such as mailing.

tax_law] . – It is the duty of an attorney: (g) Not to encourage either the commencement or the continuance of an action or proceeding. Duties of attorneys. art III. sec.lectures] [Japee_DeLeon.  Rule 12.poli_law] [Ascheia_Yumul. tribunal or quasi-judicial agency and. A lawyer shall not handle any legal matter without adequate preparation. no such other action or claim is pending therein.02. perverts. NOTES (Agpalo) Duty to assist in the administration of justice η The first duty of a lawyer is not to his client but the administration of justice. impartial. All persons shall have the right to a speedy disposition of their cases before all judicial. correct.civ_law] [Hya_Rafael/Mac_Macapagal.in which event he must. However. he shall report that fact within 5 days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed. sec 6. it is the duty of the lawyer to advance the Court’s objective of having a speedy. would be dismissed.01.01 ADEQUATE PREPARATION [Lorybeth_Baldrias. A lawyer shall not file multiple actions arising from the same cause. the accused. or administrative bodies. 5.design] Bobbie_StaMaria. or impedes the administration of justice and by faithfully complying with all his duties to the court and to his client. the evidence he will adduce and the order of its proferrence.  Rule 138 Sec 20(g). the misbehavior may be of such character as to effect the offender’s qualifications as a lawyer for the practice of law.rem_law] [Paul_Sorino/Judy_Ripol. from any corrupt motive or interest.comm_law] [Ces_Sicangco/Rowena_Romero. he may be disciplined as a lawyer for such misconduct. during his testimony.  Rule 18. Ordinarily. entrust the trial of the case to another counsel. and inexpensive adjudication of case and the prompt satisfaction of final judgments. A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of his case.crim_law] [Vivian_Tan/Justin_Mendoza. or delay any man’s cause.  Rule 7. Acts that amount to obstruction of the administration of justice may take many forms.secretariat] [Dionne_Sanchez. Examples of the former would include the duty to inform the court of any change of his address or of the death of his client. As an officer of the Court.head] [Nayna_Malayang. The plaintiff or principal party shall certify under oath in the complaining or other initiatory pleading asserting a claim for relief. to the best of his knowledge. or in a sworn certification annexed thereto and simultaneously filed therewith: a) that he has not theretofore commenced any action or filed any claim involving the same issues in any court. efficient.02. NOTES (Agpalo) η Without adequate preparation. the lawyer may not be able to effectively assist the court in the efficient administration of justice.  CONST. They include such acts as instructing a complaining witness in a criminal case not to appear at the scheduled hearing so that the case against his client.02 FORUM SHOPPING  Rule 12. Non-observance of this rule might result in: 1) The postponement of the pretrial or hearing.printing] [Miles_Malaya. a complete statement of the present status thereof. 43 RULE 12. to his prejudice. In such case. and citing the misbehaving lawyer for contempt and punishing him for such misbehavior may be sufficient to accomplish the end desired.legal_ethics] [Lianne_Gervasio. quasi-judicial. which would thus entail delay in the early disposition of the case.labor_law] [Miguel_DeJesus. He should also be ready with the original documents for comparison with the copies.acads] [Jam_Jacob. η The duty to assist in the administration of justice may be performed by doing no act that obstructs. 2) The judge may consider the client non-suited or in default or 3) The judge may consider the case deemed submitted for decision without client’s evidence. and c) if he should thereafter learn that the same or similar action or claim has been filed or is pending. obstruction of justice constitutes contempt of court. b) if there is such other pending action or claim. Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall cause for the dismissal of the η η RULE 12.deputy] [Rhudz_Raymundo.

04 COURT PROCESS  F: In expropriation proceedings by the NAPOCOR against several lot owners in Bulacan. impede the execution of a judgment or misuse court processes.design] Bobbie_StaMaria.acads] [Jam_Jacob. appointed on the other hand a certain Elfa as his attorney-infact on the matter of negotiation with NPC. increasing the burden on appellate tribunals. upon motion after hearing. The complainant Malonso. let the decision become final by letting the period to appeal lapse.03 NOT TO DELAY CASE  Rule 12. Principe.head] [Nayna_Malayang.02 stresses the affirmative duty of a lawyer to check against useless litigations.civ_law] [Hya_Rafael/Mac_Macapagal. Principe filed his motion to [Lorybeth_Baldrias. If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping. the president of an organization of the lot owners entered into a contract for legal services with Atty. A lawyer shall not. η Nonetheless a lawyer should not. an amicable settlement was had between NAPOCOR and the lot owners.case without prejudice. without informing his client of the adverse decision and of his candid advice in taking appellate review thereof.labor_law] [Miguel_DeJesus.tax_law] .legal_ethics] [Lianne_Gervasio. Malonso v.lectures] [Japee_DeLeon. Rule 12.04.poli_law] [Ascheia_Yumul. he would only succeed in planting false hope in his client’s mind.secretariat] [Dionne_Sanchez. Principe (2004) RULE 12. well within the period to appeal. The willful violation of this rule may subject him to (1) appropriate disciplinary action or (2) render him liable for the costs of litigation. solely on his own judgment.deputy] [Rhudz_Raymundo. let the period lapse without submitting to the same or offering an explanation for his failure to do so. through subterfuge. The submission of false certification or noncompliance with any of the undertaking therein shall constitute indirect contempt of court.comm_law] [Ces_Sicangco/Rowena_Romero. A lawyer shall not unduly delay a case. He should advise his client to discontinue the action or to confess judgment. deprived of that verdict.03.crim_law] [Vivian_Tan/Justin_Mendoza. a lawyer can easily see through the client’s action either before or at the early stage of the litigation 44 η η If after his appearance a lawyer discovers that his client has no case. Atty. so that the client may decide whether to pursue appellate review. he could show sufficient cause for reversal. without prejudice to the corresponding administrative and criminal actions. NOTES (Agpalo) Tempering client’s propensity to litigate η While a client may withhold from his counsel certain facts or give him false information to attain his unlawful ends. after obtaining extensions of time to file pleadings. More than 2 years after the expropriation cases were instituted. as well as a cause for administrative sanctions. the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt. memoranda or briefs. NOTES (Agpalo) η Where a lawyer’s motion for extension of time to file a pleading. and misuse of legal process. Eventually. NOTES (Agpalo) η It is essential to an effective and efficient administration of justice that once a judgment has become final the winning party be not. prolonging litigation unnecessarily and exposing his client to useless expenses. memorandum or brief has remained unacted by the court.  Rule 12. His signature in every pleading constitutes a certificate by him that to the best of his knowledge there is a good ground to support it and that it is not to interpose for delay.rem_law] [Paul_Sorino/Judy_Ripol. a member of the same organization. the least that is expected of him is to file it within the period asked for RULE 12. unless otherwise provided. he may not unceremoniously abandon the action. and if the client is determined to pursue it he should ask that he be relieved from professional responsibility Lawyer to discourage appellate review η If a lawyer is honestly convinced of the futility of an appeal in a civil suit he should not hesitate to temper his client’s desire to seek appellate review of such decision for unless.printing] [Miles_Malaya.

sec. Corpuz.07 A lawyer shall not abuse. who was without any connection to the case. It is not enough that petitioner be required to pay the sum due to Abitria.separate legal fees and filed his “Notice of Entry of Appearance” claiming that he is the legal counsel of the lot owners. who according to him was now handling the case. He was granted disability benefits by the Court but Manila Pest Control alleged infringement of due process as it was not served the decision by the court thru its counsel. The SC upheld the decision of the WCC which explained that when it delivered the decision to Atty.comm_law] [Ces_Sicangco/Rowena_Romero. The unseemly conduct of petitioner’s counsel calls for words of reproof. An effort was made to serve petitioner with a copy of the decision. especially so when the obligee is a poverty-stricken man suffering from a dreaded disease. An investigation conducted by the IBP recommended Atty.crim_law] [Vivian_Tan/Justin_Mendoza.acads] [Jam_Jacob. he refused to receive the decision alleging that he was no longer handling the case. It is quite another thing to take advantage any unforeseen turn of events. This would not be the first time where out of excess of zeal and out of [Lorybeth_Baldrias.05 A lawyer shall refrain from talking to his witness during the break or recess in the trial.05 TO 12. His conduct leaves much to be desired. In view of said instruction. it is the right of a witness: 1) To be protected from irrelevant. Principe’s law firm to represent them.deputy] [Rhudz_Raymundo.tax_law] . Workmen’s Compensation Commission (1968) F: Abitria.07 PROPER BEHAVIOR TOWARDS WITNESSES  Rule 12. The SC however found that formal requisites of the investigation and resolution had not been complied with and dismissed the case requiring the IBP to comply with the procedure outlined in Rule 139-B in all cases involving disbarment and discipline of attorneys. H: [not pertinent] desire to rely on every conceivable defense that could delay if not defeat the satisfaction incumbent on one’s client.legal_ethics] [Lianne_Gervasio. Principe had violated among others Rule 12. 3) Not to be examined except only as to matters pertinent to the issue. Corpuz. 2) Not to be detained longer than the interests of justice require.labor_law] [Miguel_DeJesus. Atty. an employee of MPC suffered from tuberculosis found to have been contracted from his work.” In its Resolution. improper. 3. while the witness is still under examination. although his answer may tend to establish a claim against him. or insulting questions.  Rule 132. to delay if not to defeat the recovery of what is justly due and demandable.06 A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another. Rights and obligations of a witness. RULE 12. Rule 12. and from harsh or insulting demeanor. the IBP Board ordained his suspension from the practice of law for 2 years.secretariat] [Dionne_Sanchez.civ_law] [Hya_Rafael/Mac_Macapagal. Camacho when in fact the delivery of said decision was made per his instruction to the employee of WCC. He instead instructed WCC to deliver said decision to Atty. impede the execution of a judgment or misuse Court processes. The decision was sent to Atty. browbeat or harass a witness nor needlessly inconvenience him.printing] [Miles_Malaya. that such effort failed was attributable to the conduct of its own counsel. Camacho. The Court imposed treble costs against petitioner to be paid by Atty. and not to its counsel Atty. the employee of WCC handed the copy of the decision to the receiving clerk in the Office of Atty.design] Bobbie_StaMaria. if not to create one. It is one thing to exert to the utmost one’s ability to protect the interest of one’s client.rem_law] [Paul_Sorino/Judy_Ripol. A witness must answer questions. H: It is sad to note that Atty.lectures] [Japee_DeLeon.04 which says that “a lawyer shall not unduly delay a case. The ancient and learned profession of the law stresses the fairness and honor. The effort to evade liability by petitioner by invoking due process guaranty must not be rewarded with success. Principe filed several motions to ensure his claim to the 40% of the selling price of the properties being expropriated. Corpuz. However. that must be ever kept in mind by everyone who is enrolled in its ranks and who expects to remain a member of a good standing. Rule 12.head] [Nayna_Malayang. Corpuz is now impugning the delivery of the decision to Atty. Camacho.poli_law] [Ascheia_Yumul. 45  Manila Pest Control v. Camacho. counsel would attempt to put the most favorable light on a course of conduct which certainly cannot be given the stamp of approval. Not that it would clear counsel of any further responsibility. It claimed that a writ of execution should have not have been ordered since it did not receive a copy of the decision. The other lot owners including Malonso wrote a letter to NPC informing the latter that they have never authorized Sandama’s President to hire the services of Atty. Principe’s suspension from the practice of law for two years on the ground that Atty.

No. He has no right to demand that his counsel abuse the opposite party and the latter’s witnesses or indulge in offensive personalities. the lawyer has the right to protest in a respectful and dignified manner the action of the judge and to make the incident of record without being η η η η  PNB v. held liable administratively or for contempt of court RULE 12. authentication or custody of an instrument. or Not to give an answer which will tend to degrade his reputation. The client cannot be made the keeper of the lawyer’s conscience in professional matters.design] Bobbie_StaMaria. Rule 12. But a witness must answer to the fact of his previous conviction for an offense. Uy Teng Piao (1932) F: Pursuant to a judgment of the CFI the mortgaged lands of Uy Teng Piao were sold. One of the attorneys for the bank during trial testified that the defendant renounced his right to redeem the parcel of land because a friend of the defendant was interested in buying it. NOTES (Agpalo) η The underlying reason for the impropriety of a lawyer acting in such dual capacity lies in the difference between the function of a witness and that of an advocate. Court will not give weight on a testimony of a witness who admits having been instructed.tax_law] .secretariat] [Dionne_Sanchez. Rule 12. during his testimony.07.acads] [Jam_Jacob.head] [Nayna_Malayang. Rule 12.printing] [Miles_Malaya. Uy Teng Piao alleged that the waiver was given with the agreement that the bank would not collect from him the balance of judgment.4) 5) Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law. It is difficult to distinguish between the zeal of an advocate and the fairness and impartiality of a disinterested witness The lawyer will find it hard to disassociate his relation to the client as a witness and his relation to the party as a witness. in cases where his testimony is essential to the ends of justice. on formal matters. If it is the judge who subjects the witness to harsh treatment. except: a. Improper speech is not excusable on the ground that it is what the client would say if speaking in his own behalf Rule 12. A lawyer may interview witnesses in advance of trial or attend to their needs if they are poor but he should avoid any such action as may be misinterpreted as an attempt to influence the witness what to say in court. we should like to observe that although the law does not forbid an attorney to be a witness and at the same time an attorney in a cause. in which event he must.08 A lawyer shall avoid testifying in behalf of his client.05. H: With respect to the testimony of the bank’s attorney. unless it be to the very fact at issue or to a fact from which the fact in issue would be presumed. The purpose of this rule is to avoid any suspicion that he is coaching the witness what to say during the resumption of the examination. except as to merely formal η [Lorybeth_Baldrias.comm_law] [Ces_Sicangco/Rowena_Romero.deputy] [Rhudz_Raymundo. 46  P. on substantial matters.lectures] [Japee_DeLeon.D.08 NOT TO TESTIFY IN BEHALF OF A CLIENT  Rule 12.poli_law] [Ascheia_Yumul. Canon 19 of the Code of Legal Ethics provides that “when a lawyer is a witness for his client.legal_ethics] [Lianne_Gervasio.labor_law] [Miguel_DeJesus.07.06. and the like.rem_law] [Paul_Sorino/Judy_Ripol.07. The dual relationship would invite embarrassing criticisms which could be harmful to the reputation of the profession. entrust the trial of the case to another counsel. or b. such as mailing. The function of an advocate is that of a partisan. 1829 Penalizing the obstruction of apprehension and prosecution of criminal offenders (1981)— ANNEXED NOTES (Agpalo) η Rule 12. A lawyer who presents a witness whom he knows will give a false testimony or is an impersonator may be subjected to disciplinary action. The function of a witness is to tell the facts as he recalls then in answer to questions. PNB obtained a waiver of the right to redemption.crim_law] [Vivian_Tan/Justin_Mendoza. The lawyer has a duty to always treat adverse witnesses and suitors with fairness and due consideration. the courts prefer that counsel should not testify as witness unless it is necessary and that they should withdraw from the active management of the case.civ_law] [Hya_Rafael/Mac_Macapagal.

His statements are not fair criticisms of any decision of the Court. Two justices called the leaders of the unions and their counsel to inform them that the pickets constitute direct contempt of court. but are threats made against it to force the Court to decide the issue in a particular manner. Except when essential to the ends of justice. prejudice or sympathies. he should leave the trial of the case to other counsel. a lawyer should avoid testifying in court in behalf of his client.poli_law] [Ascheia_Yumul.secretariat] [Dionne_Sanchez. waved their red streamers and placards with slogans. Courts as impartial administrators of justice are entitled to disposed of their business in an orderly manner. H: Freedom of speech is not absolute. public clamor. Also. In another statement. free from outside interference obstrusive of their functions and tending to embarrass the administration of justice. by creating the impression that the Court cannot be trusted to resolve cases impartially.matters. The SC found that de Vera’s acts constitute indirect contempt and fined him P20. De Vera is in abuse of his right. De Vera made some remarks to the Philippine Daily Inquirer regarding a pending case involving the constitutionality of the Plunder Law. littered the area causing it to be unhygienic and unsanitised.comm_law] [Ces_Sicangco/Rowena_Romero. and harangued the court with the use of loudspeakers. A lawyer shall not extend extraordinary attention or hospitality to. or risk earning the ire of the public.civ_law] [Hya_Rafael/Mac_Macapagal. Leonard de Vera (2003) F: Atty. Such as the attestation or custody of an instrument and the like. It tends to promote distrust an undermines public confidence in the judiciary. he said that a decision in favour of the law’s unconstitutionality would trigger mass actions and the people would not just swallow any SC decision that is basically wrong. De Vera admitted to making the statements but that these were factually accurate and that these are within his right to freedom of speech. Rule 13.tax_law] . “he asked the SC to dispel rumors that it would vote in favor of a petition filed by Estrada’s lawyers to declare the plunder law unconstitutional” and that his group was greatly disturbed by the rumors. such as the maintenance of the integrity of the courts and orderly functioning of the administration of justice. set up a kitchen. or gives the appearance of influencing the court. A lawyer shall not invite interference by another branch of the government by another branch of the government in normal course proceedings. Sanchez (1987) 47 η  In Re: Published Alleged Threats Against Members of the Court in the F: Two unions with pending cases before the SC had intermittent pickets in front of the Padre Faura gate of the SC building. obstructing access to and egress from the Court’s premises.03.labor_law] [Miguel_DeJesus.deputy] [Rhudz_Raymundo.head] [Nayna_Malayang.rem_law] [Paul_Sorino/Judy_Ripol. for the exercise of said right cannot be used to impair the independence and efficiency of courts or public respect thereof and confidence. nor seek opportunity for cultivating familiarity with Judges. They also constructed provisional shelters. just as litigants are entitled to have their causes tried fairly by an impartial tribunal.000. A lawyer shall rely upon the merits of his cause and refrain from any impropriety which tends to influence. uninfluenced by publication. Unwarranted attacks on the dignity of the courts cannot be disguised as free speech. and must be balanced with the requirements of equally important public interests. his second statement is allegedly historically correct (Marcos and Erap times) but that both statements are not to degrade the court. A lawyer shall not make public statements in media regarding a pending case tending to arouse public opinion for or against a party.crim_law] [Vivian_Tan/Justin_Mendoza. bias. uninfluenced by public clamor and other extraneous influences.acads] [Jam_Jacob. NOTES (Agpalo) η Improper acts of a lawyer which give the appearance of influencing the court to decide a case in a particular way lessen the confidence of the public in the impartial administration of justice and should be avoided.01.  Nestle Phils v. Atty.02.legal_ethics] [Lianne_Gervasio. brook or or agency or agency of judicial Plunder Law Case Hurled by Atty.lectures] [Japee_DeLeon. In one statement.” CANON 13 REFRAIN FROM ACTS GIVING APPEARANCE OF INFLUENCE  Canon 13. Rule 13. Rule 13. and that their petitions could not be heard until [Lorybeth_Baldrias.design] Bobbie_StaMaria.printing] [Miles_Malaya. to destroy public confidence and to bring it into disrepute.

what a lawyer can ordinarily say against a concluded litigation and the manner the judge handed down the decision may not generally be said to a pending action.labor_law] [Miguel_DeJesus.civ_law] [Hya_Rafael/Mac_Macapagal.poli_law] [Ascheia_Yumul.lectures] [Japee_DeLeon. the counsel for the unions. Picketing is a form of public expression by a group or organization of sentiments or opinions on a particular matter. The responsibility is on the judge not to sit in a case unless he is both free from bias and from the appearance thereof η η η Criticism of pending and concluded litigation η The court. or subject a respondent or a accused to a trial by publicity and create a public inference of guilt against him This is the reason why certain proceedings are considered confidential and their publication prohibited until their final resolution by the courts. A lawyer shall not extend extraordinary attention or hospitality to.rem_law] [Paul_Sorino/Judy_Ripol.comm_law] [Ces_Sicangco/Rowena_Romero. H: Grievances must be ventilated through proper channels (appropriate petitions.acads] [Jam_Jacob.head] [Nayna_Malayang. free from outside interference obstructive of its functions and tending to embarrass the administration of justice.tax_law] . must be shielded from embarrassment or influence in its all important duty of deciding the case. It should not be held to influence a court to decide a case in a particular way.01.01) η η η η The common practice of some lawyers making judges and prosecutors godfathers of their children to enhance their influence and their law practice should be avoided by judges and lawyers alike A lawyer should not see a judge in chamber and talk to him about a case he is handling and pending in the judge’s court A lawyer should not communicate to the judge the merits of a pending case However. are duty-bound to apprise them of proper decorum and attitude towards courts of justice. an attempt to pressure or influence courts of justice is no longer within the ambit of constitutional protection. For though the rights of free speech and of assembly are constitutionally protected. Thus. it is not incumbent on a lawyer to refuse professional employment in a case because it may be heard by a judge who is his relative. prejudice the administration of justice. motions or other pleadings) in keeping with the respect due to the Courts as impartial administrators of justice entitled to proceed to the disposition of its business in an orderly manner. the judge who decided it is subject to the same criticism as [Lorybeth_Baldrias. Espinas. but the duty of advising them rests primarily on their counsel of record.design] Bobbie_StaMaria.01 NO EXTRAORDINARY ATTENTION  Rule 13.printing] [Miles_Malaya.the pickets stop. η Once a litigation is concluded. NOTES (Agpalo) 13. apologised and assured that the acts would not be repeated. The SC dismissed the contempt charges against Atty. The duty and responsibility of advising the picketers and their leaders that what they are doing is contemptuous rests primarily upon their lawyers who. v.deputy] [Rhudz_Raymundo.02 NO PUBLIC STATEMENT TO MEDIA  Rule 13. compadre or former colleague in office. The individuals cited are not knowledgeable in the intricacies of substantive and adjective laws. as officers of the court. A lawyer shall not make public statements in media regarding a pending case tending to arouse public opinion for or against a party. Sanchez supra at Rule 13. Atty Espinas. in a pending litigation. nor seek opportunity for cultivating familiarity with Judges.legal_ethics] [Lianne_Gervasio. NOTES (Agpalo) 48 η Purpose: Newspaper publications regarding a pending or anticipated litigation may interfere with a fair trial. 13. (Cf. Nestle Phils. The acts of the respondents are not only affront to the dignity of this Court. as in administrative complaints against judges and lawyers Public officials charged with duty of prosecuting or defending actions in court may issue statements but such statements should avoid any statement of fact likely to create an adverse attitude in the public mind respecting the alleged actions of the defendants to the pending proceedings.crim_law] [Vivian_Tan/Justin_Mendoza.secretariat] [Dionne_Sanchez.02. but equally a violation of the right of the adverse parties and the citizenry at large.

his ruling becomes public property and is thrown open to public consumption.comm_law] [Ces_Sicangco/Rowena_Romero. Such publication or intemperate and unfair criticism is a gross violation of the lawyer’s duty to respect the courts. obstruct.acads] [Jam_Jacob. η A newspaper publication tending to impede.any other public official because then. within the courthouse.labor_law] [Miguel_DeJesus. Jurisprudence tells us that the right of the accused must be preferred. In Estes v. For like the executive and the legislative branches. petitioners requested the Court to allow live media coverage of the anticipated trial before the Sandiganbayan of criminal charges against Pres. Although the court recognizes the constitutionally protected freedom of the press and the right to public information. sought to reverse the 1991 SC resolution denying the live coverage of a libel case filed by then President Aquino.crim_law] [Vivian_Tan/Justin_Mendoza. but the rule is otherwise after the litigation is ended. transcends the limits of fair comment. (3) There are additional responsibilities that the presence of television places upon the judge. hence. degrading and prejudicial means. Television can work profound changes in the behavior of the people it focuses on. In this case. the judicial officers. In the 1991 case. but is not far-fetched.rem_law] [Paul_Sorino/Judy_Ripol. Estrada. public opinion will be effectively muzzled. No one may publicly comment thereon during their pendency. η η Right and duty of lawyer to criticize courts η Guarantees of a free speech and a free press include the right to criticize judicial conduct.poli_law] [Ascheia_Yumul. the parties and their counsel taken prior to the commencement of official proceedings.deputy] [Rhudz_Raymundo.lectures] [Japee_DeLeon. along with the constitutional power of the court to control its proceedings in ensuring a fair and impartial trial. η η Whether the law is wisely or badly enforced is a fit subject for comment. η A publication in or outside of court tending to impede. The radio and TV coverage allowed was limited to shots of the courtroom. the overriding consideration is still the paramount right of the accused to due process. The SC denied the petition. embarrass or influence the courts in the administration of justice in a pending suit. obstruct. Press may not publicize proceedings declared confidential by law or by SC resolution until their final adjudication. 49  In re Request Radio TV Coverage (2001) F: The petitioner. However. the court totally prohibited live radio and TV coverage because of the prejudice it poses to the defendant’s right to due process and to the fair and orderly administration of justice. the judiciary is rooted in the soil of democratic society and nourished by the periodic appraisal of citizens whom it should serve. (ex. The effect of television may escape the ordinary means of proof. (2) The quality of the testimony in criminal trials will often be impaired. Texas.printing] [Miles_Malaya.head] [Nayna_Malayang. η [Lorybeth_Baldrias.civ_law] [Hya_Rafael/Mac_Macapagal. If people cannot criticize a judge the same as any other public official.tax_law] . embarrass or influence the courts in administering justice in a pending case constitutes criminal contempt. H: This resolution of this case involves the weighing out of the freedom of the press and the right of the people to information on one hand. destroy public confidence in them or bring them in any way to disrepute. (4) The presence of television may prove to be a form of mental—sometimes physical— harassment on the part of the defendant.legal_ethics] [Lianne_Gervasio. the case automatically assumes an important status in the community such that everybody becomes interested. No video shots or photographs were permitted during the trial proper. Courts are not sacrosanct. it was held that the likely prejudices of a live coverage of a trial are: (1) When the judge allows the trial to be televised. in essence. Criticism must be bona fide and must not spill over the walls of decency and propriety. The court also pointed out that a public trial is not synonymous to a publicized trial. this rule is not intended to prevent or preclude criticism of judicial acts of a judge. (much like being in a police line-up) Limitations on right to criticize η Right of lawyer to comment on or criticize the decision of a judge or his acts is not unlimited. They should expect critical evaluation of their performance. the actual effect of media cannot be quantified. disciplinary actions against judges and lawyers) Maintainance of an unmuzzled press and the free exercise of the rights of the citizens is as important as preservation of independence of the judiciary.secretariat] [Dionne_Sanchez. or to degrade the courts. The Court also held that the right of the people to information may be served by less distracting. and the fundamental rights of the accused on the other.design] Bobbie_StaMaria. whether or not there is a pending litigation.

Televising a court trial would amount to a violation of due process.poli_law] [Ascheia_Yumul. Salva (1959) F: The SC publicly reprimanded Pasay City Fiscal Salva for conducting a reinvestigation of the Monroy murder not in his office.03  Cruz v. change the venue or postpone trial until the deluge of prejudicial publicity has subsided.” An editorial from Manila Times said that this issue would be brought up in the elections and that it is a heavy load for the administration.  Martelino v.printing] [Miles_Malaya. 50 13. coupled with the fact that it became an issue against the administration.The court said that it is undeniable that these criminal cases have twice become focal points in the conflicting EDSA II and EDSA III. and in the interest of justice. Rideau vs. Alejandro (1970) F: A shooting occurred between some Muslim recruits (then undergoing commando training) and members of the AFP. is constrained to put an end to it. to accommodate the big crowd wanting to witness the proceeding. If publicity during the proceeding threatens the fairness of the trial. Finally. even in the presence of safety precautions. There is no showing that the courts martial failed to protect the accused from massive publicity. which some newspapers called the incident “the Corregidor massacre. Irvin vs. But there is a reasonable likelihood that the prejudicial news prior to trial will prevent a fair trial.crim_law] [Vivian_Tan/Justin_Mendoza.civ_law] [Hya_Rafael/Mac_Macapagal. The competing market of thoughts in not the known test of truth in a courtroom.secretariat] [Dionne_Sanchez. Members of the press were present.design] Bobbie_StaMaria. Salva was willing to adopt the questions as the committee’s. Louisiana is a case where a change of venue was granted because the fact that the people in that place had seen and heard the accused’s televised confession during interrogation would work to unjustly prejudice the accused.  In re Vicente Raul Almacen (1970) supra at Rule 11. who acquired jurisdiction over the case because of the his admission that he read newspaper stories of the Corregidor incident.tax_law] . is a price too high to pay. H: The court cited US jurisprudence regarding the topic of trial by publicity. News items that appeared in the Daily Mirror stated among other things that: “coffins are being prepared for the Philippine president. the whole thing becomes inexcusable even abhorrent.rem_law] [Paul_Sorino/Judy_Ripol. Major Eduardo Martelino and the officers under him were charged for violation of the Articles of War as a result of this shootout. The publicity in this case did not focus on the guilt of the petitioners but rather on the responsibility of the government for what was claimed to be a “massacre” of Muslim trainees. A trial is not a free trade of ideas.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero. and were even allowed to ask questions. A carnival atmosphere would be created. the court was greatly disappointed and annoyed by the publicity and sensationalism. the petitioners do not contend that the respondents have been unduly influenced but simply that they might be. The magnitude of these events has divided the nation.If there was a “trial by newspaper” it was not of the petitioner but of the government. courts do not express the popular will of the people. discretion and good taste.03 NOT TO INVITE OUTSIDE INTERFERENCE [Lorybeth_Baldrias. They alleged tat the adverse publicity given in the mass media to the incident. Even granting that there is massive and prejudicial publicity. His actuations went beyond the bounds of prudence. it said that unlike other government offices. Protection would include: controlling the release of information. was such as would unduly influence the members of the court-martial. When such publicity and sensationalism is allowed.labor_law] [Miguel_DeJesus. The court cannot turn a blind eye on another possible extraordinary case of mass action being allowed to creep into the business of he courts. HOWEVER. The court is not unmindful of recent technological advances but to chance with the life or liberty of any person in a hasty bid to use and apply them. THE CASE AT BAR IS DIFFERENT. H: Anent the investigation. but in the Municipal Court’s session hall. The SC denied the petition to disqualify the president of the general court martial. It is tasked to adjudicate on controversies based solely on what is submitted before them.deputy] [Rhudz_Raymundo. Jurisprudence also states that there is nothing that proscribes the press from reporting events that transpire in the courtroom.lectures] [Japee_DeLeon. He committed a grievous error and poor judgment for which the court failed to find any satisfactory explanation.” Petitioners contend that the case has received such an amount of publicity and was being exploited for political purposes in connection with the 1969 presidential election.acads] [Jam_Jacob.head] [Nayna_Malayang. Dowd marks the first time a state conviction was struck down solely on the ground of prejudicial publicity. a new trial shall be ordered.

Atty. with biases and ignorance of the law or knowingly rendering unjust judgments. He went beyond the bounds of constructive criticism. As an officer of the court. The court is also inconsiderate and overly strict and meticulous. Castellano said that the complaint was constructive criticism intended to correct in good faith the erroneous and very strict practices of the justices concerned. mandato (contract of agency) wherein a friend on whom reliance could be placed makes a contract in his name.comm_law] [Ces_Sicangco/Rowena_Romero. The modern day perception is that [Lorybeth_Baldrias. and robbing the Filipino people genuine justice and democracy. He also said that the justices have no jurisdiction over his act and that they should just answer the complaint. He alleges further that the court is too expensive to be reached by ordinary men. but his inexcusable negligence and incompetence. Atty. The SC found him guilty of contempt and improper conduct and ordered to pay P1. Negros Occidental. and to suffer 6 months suspension. the complaint he filed. filed for a petition for certiorari through registered mail. 51 (Agpalo) η The reason for Rule 13. H: The court found his comments scurrilous and contumacious.design] Bobbie_StaMaria. Also. People (1990) F: Khalyxto Maglasang was convicted in the court in San Carlos. He also said that the SC is doing this to protect the judge who was impleaded in the petition and for money reasons. Castellano then sent a complaint to the Office of the President where he accused the 5 justices of the 2nd division. the most basic tenet of the system of government – separation of power . The explanation of Castellano in his negligence in the filing of the petition for certiorari did not render his negligence excusable. Rule 13.has been lost. NOTE (Aguirre) η The basis for the rules is the principle of separation of powers imprisonment of 15 days. Due to noncompliance with the requirements.tax_law] .secretariat] [Dionne_Sanchez. Castellano.rem_law] [Paul_Sorino/Judy_Ripol. It is clear that the case was lost not by the alleged injustices Castellano irresponsibly ascribed to the members of the court.civ_law] [Hya_Rafael/Mac_Macapagal. location conduction operarum (contract of lease and services) where one person lends his services and another hires them without reference to the object of which the services are to be performed.03.deputy] [Rhudz_Raymundo. What he said are not relevant to the cause of his client. Sandiganbayan) η The nature of lawyer-client relationship is premised on the Roman Law concepts of 1. They cast aspersion on the Court’s integrity as a neutral and final arbiter of all justiciable controversies before it.05.acads] [Jam_Jacob. A lawyer shall submit grievances against a Judge to the proper authorities only. He should know that not even the President of the Philippines can pass judgment on any of the court’s acts.labor_law] [Miguel_DeJesus. wherein lawyers’ services may be compensated by honorarium 2. η BUT the lawyer-client relationship is more than that of the principal-agent and lessorlessee. He accused the court of sabotaging the Aquino administration for being Marcos appointees. His counsel. A lawyer shall not brook or invite interference by another branch or agency of the government by another branch or agency of the government in normal course of judicial proceedings.legal_ethics] [Lianne_Gervasio.printing] [Miles_Malaya. but gives up all that he gained by the contract to the person who requested him.poli_law] [Ascheia_Yumul. When asked to show cause why he ought not be held in contempt.03 is that a lawyer who invites interference by another branch or agency of government in the normal couse of judicial proceedings endangers the independence of the judiciary  Maglasang v.000or Chapter 4 The Lawyer and the Client NOTES (Regala v. the court dismissed the petition and a motion for reconsideration. he should have known better than to smear the honor and integrity of the court just to keep the confidence of his client.lectures] [Japee_DeLeon.crim_law] [Vivian_Tan/Justin_Mendoza.  Rule 11.head] [Nayna_Malayang.

there are rules. among those. an attorney must exert his best efforts and learning: to protect of client. However. formality is not an essential element of the employment of a lawyer It is sufficient.an attorney is more than a mere agent or servant because 1. η Courts have to recognise its creation on the faith of the client’s word. to establish the professional relation.rem_law] [Paul_Sorino/Judy_Ripol. fairness.legal_ethics] [Lianne_Gervasio. he occupies a “quasi-judicial” office since he is an officer of the Court and he exercises his judgment in the courses of action to be taken favorable to his client η The relationship has to be reconciled with duties to the court and thus requires fidelity and loyalty in varying degrees within limits Its preservation and protection encourage clients to entrust their legal problems to an attorney. (Agpalo) Attorney-client relationship η The relationship is strictly personal and highly confidential and fiduciary (something in trust for another). Minors/ incompetents must have a general guardian/ guardian ad litem has to employ an attorney.lectures] [Japee_DeLeon. a conspicuous and high degree of good faith. the fiduciary duty to his client which is of a very delicate. delegation is prohibited absent the client’s consent. 52 η η 4. candour.secretariat] [Dionne_Sanchez. requiring a very high degree of fidelity and good faith that is required by reason of necessity and public interest.head] [Nayna_Malayang.design] Bobbie_StaMaria. While a written agreement for professional services is the best evidence to show the relation. Thus. defined: (1) an act of client by which he engages services [Lorybeth_Baldrias. A client can terminate it any time with or without the consent of the lawyer. It likewise terminates at death of either the client or the attorney. In the creation of lawyer-client relationship.crim_law] [Vivian_Tan/Justin_Mendoza. fidelity and absolute integrity in dealings and transactions. not to purchase/ acquire any property or interest of client in litigation.poli_law] [Ascheia_Yumul. It demands undivided allegiance.comm_law] [Ces_Sicangco/Rowena_Romero. to forever keep inviolate client’s secrets or confidence. exacting and confidential character. ethical conduct and duties that breathe life into it.deputy] [Rhudz_Raymundo.printing] [Miles_Malaya.labor_law] [Miguel_DeJesus. Likewise. he possesses special power of trust and confidence reposed on him by his client 2. to promptly account for any fund/ property entrusted by or received for client. η η η η η η η Retainer η Retainer. not to represent an adverse party even after termination. that the advice and assistance of an attorney is sought and received in any matter pertinent to his profession There is an implied contract of professional employment where an attorney appears on behalf of a party without the latter interposing any objection thereto In the absence of a written retainer. disinterestedness. he is as independent as the judge of the court 3. an attorney enjoys no similar right as he is an officer of the court and he may be permitted to withdraw only with the consent of his client or with the approval of the court There should be a proper sense of vicarious detachment. It is therefore advisable not to appear for oneself or close relatives.tax_law] . which is paramount importance in administration of justice In sum.civ_law] [Hya_Rafael/Mac_Macapagal. loyalty.acads] [Jam_Jacob. less emotional involvement to adequately serve interest of client. the establishment of the attorney-client relationship depends upon the circumstances of each case To employ an attorney one has to have legal capacity to do so. It demands the utter renunciation of every personal advantage conflicting in any way Sufficiency of Employment η A lawyer has no power to act as counsel or legal representative for a person without being retained nor may he appear for a party in a case without being employed unless by leave of court η The essential feature of the relation of attorney and client is the fact of employment.

An act providing transportation and other allowances for indigent litigants. RULE 14. or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. to the end that no [Lorybeth_Baldrias.A. b.secretariat] [Dionne_Sanchez. defined: preliminary fee paid to insure and secure future services. sex. an appointment as counsel de oficio or as amici curiae. or because of his own opinion regarding the guilt of said person. A lawyer shall not decline to represent a person solely on account of the latter’s race.tax_law] . regardless of his personal opinion as to the guilt of the accused.head] [Nayna_Malayang. An act requiring courts to give preference to criminal cases where the party or parties involved are indigents (1969)—ANNEXED  R.01. to present every defense that the law permits. by being retained by one party. (1969)— ANNEXED  RA 6035.labor_law] [Miguel_DeJesus.01 AVAILABILITY OF SERVICES REGARDLESS OF STATUS  Rule 14.  Rule 2.of an attorney to render legal advice.crim_law] [Vivian_Tan/Justin_Mendoza. sex. defined: particular case or service Retaining fee. A lawyer shall not decline to represent a person solely on account of the latter’s race. In such cases. to remunerate him for being deprived.civ_law] [Hya_Rafael/Mac_Macapagal.02.01. 6034. A private practitioner. Rule 14.lectures] [Japee_DeLeon. A lawyer shall not reject.acads] [Jam_Jacob. A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients. It prevents undue hardship resulting from the rigid observance of the rule forbidding him from acting as counsel for other party Rule 14. defined: secure beforehand services of attorney for any legal problem that may afterward arise Special retainer. An act requiring stenographers to give free transcript of notes to indigent and low income litigants and providing a penalty for the violation thereof. A lawyer refuse his services to the needy. defend or prosecute his cause in court. as a general rule.04. Canon 14 provide the exceptions to the general rule and emphasize the lawyer’s public responsibility of rendering legal services to the needy and the oppressed who are unable to pay attorney’s fees. he is not in a position to carry out the work effectively or competently. or because of his own opinion regarding the guilt of said person. creed or status of life.legal_ethics] [Lianne_Gervasio.01. A lawyer shall not decline.—It is the duty of an attorney: (h) Never to reject.poli_law] [Ascheia_Yumul. Rule 14. he labors under a conflict of interests between him and the prospective client or between a present client and the prospective client. A lawyer may refuse to accept representation of an indigent client if: a.  R.rem_law] [Paul_Sorino/Judy_Ripol. He has the right to decline employment.design] Bobbie_StaMaria.03. Rule 14.printing] [Miles_Malaya.A. the cause of the defenseless or oppressed. (i) In the defense of a person accused of crime.  Rule 138. except for serious and sufficient cause. creed or status of life. 6033. except for valid reasons. 20 (h-i). for any consideration personal to himself. Duties of attorneys.deputy] [Rhudz_Raymundo. the cause of the defenseless or the oppressed. (2) fee which a client pays to an attorney when latter is retained (retaining fee) η General retainer.comm_law] [Ces_Sicangco/Rowena_Romero. (1969)— ANNEXED NOTES (Agpalo) 53 η η Employment of a law firm η The employment of a law firm is equivalent to the retainer of a member thereof even though only one of them is consulted η CANON 14 SERVICE TO THE NEEDY η shall not  Canon 14. sec. is not obliged to act as counsel for a person who may wish to become his client. refusal is the exception rather than the rule. by all fair and honorable means.

the court shall inform the accused of his right to counsel and ask him if he desires to have one.civ_law] [Hya_Rafael/Mac_Macapagal.  Rule 116. The counsel must be [1] a member of the bar in good standing [2] or.  Rule 138. He must decline to conduct a civil cause or to make a defense when convinced that it is intended merely to harass or injure the opposite party or to work oppression or wrong. for any corrupt motive or interest. η The attorney’s signature in every pleading constitutes a certification by him that there is good cause to support it and that it is not interposed for delay. Appointment of counsel de oficio—The court shall appoint a counsel de oficio to defend a client. [2] the difficulty of the questions that may arise. and he certainly knows whether a civil suit is good. A lawyer shall not decline.secretariat] [Dionne_Sanchez. any person of good repute for probity and ability  Rule 116. it will either be to exert his best effort toward a [Lorybeth_Baldrias. Duty of court to inform accused of his right to counsel.legal_ethics] [Lianne_Gervasio. η It is the lawyer’s duty to counsel or maintain such actions or proceedings only as appear to him to be just.labor_law] [Miguel_DeJesus. but by due process of law. compromise or. the court must assign a counsel de oficio to defend him.rem_law] [Paul_Sorino/Judy_Ripol. Counsel de Oficio 54 (Agpalo) η Regardless of his personal feelings.  Rule 116. sec. 7. except for serious and sufficient cause. in localities without lawyers. sec.design] Bobbie_StaMaria.—A court may assign an attorney to render professional aid free of charge to any party in a case. Unless the accused is allowed to defend himself in person or has employed counsel of his choice. If he were to take a bad civil case for a plaintiff. a lawyer should not decline representation because a client or a cause is unpopular or community reaction is adverse  Rule 14. it will only be to advise him not to file the action or to settle it with the claimant. In Civil Actions η In a civil action. If he were to accept the defense of a bad civil case against a defendant.comm_law] [Ces_Sicangco/Rowena_Romero. 6. It shall be the duty of the attorney so assigned to render the required service. sec.01 makes it his duty not to decline to represent the accused regardless of his opinion as to his guilt. 20 (h). and such defenses only as he believes to be honestly debatable under law. 31 Attorney’s for destitute litigants.head] [Nayna_Malayang.printing] [Miles_Malaya. Time for counsel de oficio to prepare for arraignment. for any consideration personal to himself.lectures] [Japee_DeLeon.crim_law] [Vivian_Tan/Justin_Mendoza. or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. He is not to encourage the commencement or the continuance of an action or delay any man’s cause. considering [1] the gravity of the offense. Duties of attorneys. bad.  Rule 138 sec. and a willful violation of such rule may subject the lawyer to disciplinary action.01 applies only to criminal cases. if upon investigation it appears that the party is destitute and unable to employ an attorney. the rules and ethics of the legal profession enjoin a lawyer from taking a bad case. 7.—Before arraignment.deputy] [Rhudz_Raymundo.02 PROVIDING COUNSEL DE OFICIO 1. — Whenever a counsel de oficio is appointed by the court to defend the accused at the arraignment.acads] [Jam_Jacob. – It is the duty of an attorney: (h) Never to reject.tax_law] . and that the services of counsel are necessary to secure the ends of justice and to protect the rights of the party. an appointment as counsel de oficio or as amici curiae. unless he is excused therefrom by the court for sufficient cause shown. sec.person may be deprived of life or liberty. the cause of the defenseless or oppressed. [3] and the experience and ability of the appointee.poli_law] [Ascheia_Yumul. or honestly debatable under the law.02. η In criminal cases: easy to take accused because of presumption of innocence and proof beyond reasonable doubt. NOTES (Jardeleza) η Rule 14. he shall be given a reasonable time to consult with the η Rule 14. to tell his client to confess judgment RULE 14.

poli_law] [Ascheia_Yumul. and demonstrate that the discharge of his duties does not depend upon payment. η Every lawyer should welcome his appointment as counsel de oficio as an opportunity to render public service.lectures] [Japee_DeLeon.head] [Nayna_Malayang. upon request.03 VALID GROUND FOR REFUSAL  Rule 14. sec. for which reason it is a public responsibility of the bar η 2. [Lorybeth_Baldrias. he is not in a position to carry out the work effectively or competently.legal_ethics] [Lianne_Gervasio. —Amicus curiae. (1974)—ANNEXED RULE 14. appointed or assigned by the court.printing] [Miles_Malaya. 2. be assigned a counsel de oficio within the 10 days from receipt of the notice to file brief and he establishes his right thereto by affidavit. the clerk of court of the CA shall designate a counsel de oficio.  Rule 124 (Case on Appeal in the CA). 2 refer to the “accused” in a criminal case and counsel de oficio is used only for the “accused” in a criminal proceeding. Experience and invited by the curiae to help submitted to it. but not if the client wants or expresses the desire to have counsel de parte. sec. NOTES (Aguirre) η A lawyer should not however be frequently designated counsel de oficio..comm_law] [Ces_Sicangco/Rowena_Romero. Rule 138.D.civ_law] [Hya_Rafael/Mac_Macapagal.acads] [Jam_Jacob.  P. defined: A friend of the court. may adequately defend the accused. sec. A lawyer may refuse to accept representation of an indigent client if: a. from among such members of the bar in good standing who by reason of their experience and ability.accused as to his plea before proceeding with the arraignment. b. Authorizing the designation of municipal judges and lawyers in any branch of the government service to act as counsel de oficio for the accused who are indigent in places where there are no available practicing lawyers. or [3] has signed the notice of appeal himself. 31 is the general rule for all indiegent litigants as it speaks of the attorney for destitute litigants.deputy] [Rhudz_Raymundo.design] Bobbie_StaMaria. The burden of an attorney’s regular practice and the possibility that the compensation for counsel de oficio will be considered as a regular source of income.labor_law] [Miguel_DeJesus. An appellant who is not confined in prison may. defined: a counsel. It is a means for the correction of social imbalance that may and often do lead to injustice.— impartial attorney’s may be Court to appear as amici in the disposition of issues (Agpalo) η Counsel de Oficio.secretariat] [Dionne_Sanchez. [2] is without counsel de parte on appeal.crim_law] [Vivian_Tan/Justin_Mendoza. he must be provided with one. sec.tax_law] . A lawyer should not decline an appointment by the court as amicus curiae except for a valid cause η η Assignment as counsel de oficio η If a person who is under the investigation for the commission of an offense cannot afford the services of a counsel. One of the obligations incident to the status and privilege of a lawyer to practice law is to represent the poor and the oppressed in the prosecution of their claims or the defense of their rights NOTES (Agpalo) η Amicus curiae. 543. he labors under a conflict of interests between him and the prospective client or between a present client and the prospective client. Rule 116 sec. Amicus Curiae  Rule 138.03. show that the practice of law is a profession. 36.” a “bystander” (usually a counsellor) who interposes or volunteers information upon some matter of law in regard to which the judge is doubtful or mistaken. Assignment from the IBP η The IBP has established legal aid offices throughout the country 55 η Legal aid is not a matter of charity. Appointment of counsel de oficio for the accused.—If it appears from the record of the case transmitted that [1] the accused is confined in prison. 6 & 7 and Rule 124.rem_law] [Paul_Sorino/Judy_Ripol.

A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. and if so. A lawyer shall observe candor. and if so. Rule 15. Rule 15. Rule 15.RULE 14. The canon therefore is required by necessity and public interest and is based on the hypothesis that abstinence from seeking legal advice in a good cause is an evil which is fatal to the administration of justice.04 SAME STANDARD OF CONDUCT FOR PAYING AND NON-PAYING CLIENTS  Rule 14. LOYALTY FAIRNESS AND η  Canon 15. A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. fairness and loyalty in all his dealings and transactions with his clients.rem_law] [Paul_Sorino/Judy_Ripol.  Rule 15. A lawyer shall not state or imply that he is able to influence any public official.01.secretariat] [Dionne_Sanchez. A lawyer may.03.poli_law] [Ascheia_Yumul.05. tribunal or legislative body.01. or solicitor.03 CONFLICT OF INTEREST  Rule 15. A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients.03. Rule 15. neither overstating nor understanding the prospects of the case. shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest.02.printing] [Miles_Malaya. Only in such a relationship can a person be encouraged to repose confidence in an attorney.comm_law] [Ces_Sicangco/Rowena_Romero. Rule 15.deputy] [Rhudz_Raymundo. having undertaken the defense of a client or having received confidential information from said client in a case. OBSERVE CANDOR. without the consent of his first client.04. A lawyer shall be bound by the rule on privileged communication in respect of matters disclosed to him by a prospective client.06. CANON 15.02] NOTES (Agpalo) [Lorybeth_Baldrias. shall forthwith inform the prospective client. Rule 15. η RULE 15. shall undertake the defense of the opposing party in the same case. A lawyer.civ_law] [Hya_Rafael/Mac_Macapagal. A lawyer shall impress upon his client compliance with the laws and the principles of fairness.crim_law] [Vivian_Tan/Justin_Mendoza. shall forthwith inform the prospective client. A lawyer when advising his client shall give a candid and honest opinion on the merits and probable results of the client’s case. Rule 15.lectures] [Japee_DeLeon. LOYALTY 56 FAIRNESS AND  Canon 15.07.  Art. with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity.acads] [Jam_Jacob.head] [Nayna_Malayang.04. 209 Revised Penal Code. A lawyer. A lawyer who is engaged in another profession or occupation concurrently This canon is based on the character of the attorney-client relationship which is strictly personal and highly confidential and fiduciary.tax_law] . in conferring with a prospective client.legal_ethics] [Lianne_Gervasio.08. [the first part of this provision appears at Rule 15. in conferring with a prospective client.—…The same penalty shall be imposed upon any attorney or solicitor (procurador judicial) who. —Revelation of Secrets.labor_law] [Miguel_DeJesus. shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest. act as mediator. Rule 15. conciliator or arbitrator in settling disputes. fairness and loyalty in all his dealings and transactions with his clients. A lawyer shall observe candor.design] Bobbie_StaMaria. with the written consent of all concerned. Betrayal of trust by an atorney.01 AND 15. NOTES (Agpalo) CANON 15 OBSERVE CANDOR.

acads] [Jam_Jacob. η Reason: client’s confidence. [Lorybeth_Baldrias. cannot be divested by the expiration of professional employment. Duty to decline employment η It is his duty to decline employment in any matter which may involve representing conflicting interests • He should not accept employment from another on a matter adversely affecting any interest of his former client with respect to which confidence has been reposed. it is the attorney’s duty to contest for that which his duty to another client requires him to oppose or when the possibility of such situation will develop.labor_law] [Miguel_DeJesus. which in his honest judgment might influence the client in the selection of counsel.printing] [Miles_Malaya. The proscription against representation of conflicting interests finds application where the conflicting interests arise with respect to the same general matter and is applicable however slight such adverse interest may be. (ex. a client may assume the lawyer has no interest which will interfere with his devotion to the cause confided to him or betray his judgment. and 3. the canons of the profession forbid him from acting in that double capacity as he will find it difficult to disassociate his relation to the client as a lawyer and as witness. η whether the acceptance of the new relation will prevent a lawyer from the full discharge of his duty of undivided fidelity and loyalty to his client or will invite suspicion of unfaithfulness in the performance thereof. he may refuse if he is not in a position to carry it out effectively or competently or he labors under a conflict of interest between him and the prospective client or between his present client and the prospective client. advice column) η Although there is no statutory restriction for a lawyer to be an advocate and a witness for a client in a case. and his presentation as a lawyer regarding the same subject matter. whether a lawyer will be called upon in his new relation to use against his first client any knowledge acquired in the previous employment.rem_law] [Paul_Sorino/Judy_Ripol.legal_ethics] [Lianne_Gervasio.design] Bobbie_StaMaria. so that the client may not lose confidence in him. Acquisition of confidential information immaterial η The relationship prohibits the lawyer from accepting professional employment from client’s adversary either in the same case or in a different but related action applies irrespective of whether or not the lawyer has acquired confidential information from his former client. η The disclosure is more for the protection of the lawyer than that of the client.η It is the duty of a lawyer to disclose and explain to the prospective client all circumstances of his relations to the parties and any interest in or any connection with the controversy. It applies although the attorney’s intentions and motives were honest and he acted in good faith.lectures] [Japee_DeLeon. which may even affect his fee.comm_law] [Ces_Sicangco/Rowena_Romero. 1.civ_law] [Hya_Rafael/Mac_Macapagal. once reposed.deputy] [Rhudz_Raymundo. when. However. η A lawyer generally should not refuse services to the needy. η Effect of termination of attorney-client relation η Termination of relation of attorney and client provides no justification for a lawyer to represent an interest adverse to or in conflict with that of the former client. Test of Conflict of Interest η Here are some tests employed to determine the existence of conflicting interests.crim_law] [Vivian_Tan/Justin_Mendoza. Rule against representing conflicting interests applies even if the conflict pertains to the lawyer’s private activity or in the performance in a non-professional capacity. 57 2. If the lawyer does not disclose anything.secretariat] [Dionne_Sanchez.poli_law] [Ascheia_Yumul.tax_law] . on behalf of one client. Neither may he do anything injurious to his former client nor use against former client any knowledge or information gained.head] [Nayna_Malayang. • He should not accept employment the nature of which might easily be used as a means of advertising his professional services or his skill. • He should not accept employment as an advocate in any matter in which he had intervened while in the government service.

retire from the case. He cannot give disinterested advice to both clients but will instead be called on to use confidential information against one client in favor of the other in view of the identicalness or relatedness of the subject. Reason: what a lawyer owes to former client is to maintain inviolate the client’s confidence or to refrain from doing anything which will injuriously affect him in any matter which he previously represented him. against a former client in a matter wholly unrelated to that of the previous employment. as an employee of a corporation whose duty is to attend to its legal affairs. It will also violate attorney-client relationship. to the subject matter of the previous litigation in which he appeared for the former client.η Reason: if rule is made to depend on acquisition of confidential info. Client’s interest [Lorybeth_Baldrias.acads] [Jam_Jacob. the rule η Founded on principles of public policy and good taste.tax_law] .secretariat] [Dionne_Sanchez. he must not be given opportunity to take advantage of that knowledge. η η Opposing clients in same or related suits η An attorney who appears for opposing clients in the same or related actions puts himself in that awkward position where he will have to contend on behalf of one client that which he will have to oppose on behalf of the other client. he cannot avoid being suspected by the defeated client of disloyalty of partiality in favor of the successful client.printing] [Miles_Malaya.design] Bobbie_StaMaria. and independent of. Rule is designed not only to prevent dishonest practitioner from fraudulent conduct but also to preclude the honest practitioner from putting himself in a position where he may be required to choose between conflicting duties. A lawyer knows everything about the case. and to protect him from unfounded suspicion of professional misconduct. consent to the attorney’s dual representation. attack the validity of the instrument prepared by him Attorney’s interest vs. η It is improper for a lawyer to appear as counsel for one party against the adverse party who is his client in another totally unrelated action. otherwise the profession will suffer.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul. The attorney in that situation will not be able to pursue. η New client against former client η A lawyer cannot represent a new client against a former client only when the subject matter of the present controvery is related. the client’s claim against the other and to properly represent the latter in the unrelated action.legal_ethics] [Lianne_Gervasio. it will require investigation into the case and will only lead to the revelation of matters in advance to client’s prejudice.comm_law] [Ces_Sicangco/Rowena_Romero.head] [Nayna_Malayang. An attorney should not only keep inviolate his client’s confidence but should likewise avoid the appearance of treachery and double-dealing. in another case another person against his former client under the pretext that the case is distinct from. the lawyer should. duty does not arise η Where subject matter of present suit between the lawyer’s new client and his former client is in some way connected.rem_law] [Paul_Sorino/Judy_Ripol. directly of indirectly. It springs from attorney’s duty to represent client with undivided fidelity and to maintain inviolate the client’s confidence. 58 Foundation of. Conflicting duties η A lawyer may not. in this case. and reason for. with full disclosure to the latter. there being no conflict of interests. if he can do so. He may properly act as counsel for a new client. when his clients cannot see their way clear to settling the controversy amicably. prohibition applies even if no confidential information was acquired. or. with vigor and zeal.crim_law] [Vivian_Tan/Justin_Mendoza.deputy] [Rhudz_Raymundo.labor_law] [Miguel_DeJesus. after full disclosure of the fact. hence.civ_law] [Hya_Rafael/Mac_Macapagal. η Even though the opposing clients. join a labor union of employees in that corporation because the exercise of the union’s rights is incompatible with his duty as a lawyer for his corporate client Opposing clients in unrelated actions η A lawyer owes loyalty to his client not only in the case in which he has represented him but also after the relation of attorney and client has terminated because it is not good practice to permit him afterwards to defend η A lawyer may not. η Reason: the attorney-client relationship is one of trust and confidence. the former case. as counsel for a client.

tax_law] . Limitations to general rule η The prohibition against representing conflicting interests does not apply: 1. associate or assistant is similarly diqualified or prohibited from so acting. 3. represent an interest adverse to that of atty’s client. Former client’s written consent constitutes a release from obligation to keep inviolate the client’s confidences or to desist from injuriously affecting him in any matter which he previously represented. • Disclosure should include thorough explanation of nature and extent of conflict and possible adverse effects of dual representation. the law firm of which he is a member as well as any member.lectures] [Japee_DeLeon. This should include disclosure of the lawyer’s present [Lorybeth_Baldrias. not where both are current clients. may be better situated to work out an acceptable settlement since he has confidence of both parties • A lawyer may represent new client against former client only after full disclosure and written consent..head] [Nayna_Malayang. (e. even with consent.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.poli_law] [Ascheia_Yumul. η This rule is a corollary of the rule that the employment of one member of a law firm is considered as an employment of the law firm and that the employment of a law firm is equivalent to a retainer of the members thereof.η An attorney should not put himself in a position where self-interest tempts him to do less than his best for his client. he should immediately withdraw from the case.design] Bobbie_StaMaria.civ_law] [Hya_Rafael/Mac_Macapagal. where the conflict is between the attorney’s interest and that of a client (self-interest should yield to client’s interest) or between a private client’s interest and that of the gov’t or any of its instrumentalities (public policy and public interest forbid dual representation). has acquired confidential information from attorney’s client. and/or former clients who have conflicting interests.rem_law] [Paul_Sorino/Judy_Ripol. represent both of them without being held administratively liable as an officer of the court. • Lawyer may not represent conflicting interests. • General rule that a lawyer may be allowed to represent conflicting interests. • Where circumstances show parties require independent counsel.acads] [Jam_Jacob. the lawyer cannot. may not accept employment or. 59 • Where representation by a lawyer is for both opposing parties. where parties consent. after admission to the bar.comm_law] [Ces_Sicangco/Rowena_Romero.) 2. After the controversy has reached the court. a lawyer may represent new client against former client where both actions are unrelated and where lawyer will not be called to oppose what he had espoused on behalf of former client not use confidential info against former client.g.g. applies only where one is a former client and the other is a new one. • Advantage: a mutual lawyer. • Exception: attorney’s secretary. or where lawyer may be suspected of disloyalty. even with the parties’ written consent.secretariat] [Dionne_Sanchez. impartial and with honest motivations.deputy] [Rhudz_Raymundo. where no true attorney-client relationship is attendant • Absence of true attorney-client relationship either with the attorney or with the law firm of which he is a member makes the prohibition inapplicable. stenographer or clerk who. in such capacity. where no conflict of interests exists (e. where the clients knowingly consent to dual representation in writing • Lawyer may represent conflicting interests before it reaches the court but only after full disclosure of the facts and express written consent of all parties.legal_ethics] [Lianne_Gervasio. their written consent may enable the lawyer to represent them before but not after their controversy has reached the court. it is improper to have financial stakes in subject matter of suit brought on behalf of his client) Rule applicable to law firm η Where a lawyer is disqualified or forbidden from appearing as counsel in a case because of conflict of interests.printing] [Miles_Malaya.

The reason is that the representation of conflicting interests not only constitutes malpractice but also a violation of the confidence which results from the attorneyclient relationship. respondent’s continued use of the title “Judge” violated Rules 1. adverse judgment against new client may be justified. respondent applied for clearance before the HLURB in behalf of the Montealegre. Romanillos continued representing Lydia Durano-Rodriguez before the CA and SC.rem_law] [Paul_Sorino/Judy_Ripol. Also. Romanillos represented the spouses Montealegre in requesting for SJHAI’s conformity to construct a building on Lot. He was stripped of his retirement benefits and other privileges in Zarate case and he got off lightly with just an admonition in the 1999 resolution. correspondences. Atty. But new client may not defeat attorney’s right to fees in the absence of concealment and prejudice by reason of attorney’s previous professional relationship with opposing party. and on billboards which were erected in several areas within the Subdivision. Notwithstanding the admonition.  San Jose Homeowners v. SJHAI terminated Atty.design] Bobbie_StaMaria. Romanillos had used the title “Judge” in his office letterhead.01 and 3. Romanillos for representing conflicting interests. When the request was denied. Rule 15.lectures] [Japee_DeLeon. The SC disbarred him. and not to those who were dishonorably discharged from the service. Romanillo’s services as counsel. H: It is inconsequential that petitioner never questioned the propriety of respondent’s continued representation of Rodriguez. Judge Romanillos.000 from a party litigant and would have been dismissed from the service had he not resigned. he is guilty of violating his oath. incumbent and retired.labor_law] [Miguel_DeJesus. η If representation of conflicting interests is unknown and works prejudice against new client. SHJAI filed a disbarment case against Atty. As long as the lawyer represents inconsistent interests of two or more opposing clients. He resigned from being a judge during the pendency of a case where he was eventually found guilty of illegal solicitation and receipt of P10. No.crim_law] [Vivian_Tan/Justin_Mendoza.acads] [Jam_Jacob. Two questions to be asked: (1) Did the attorney discharge or have opportunity to discharge conflicting interests? (2) Did the new client suffer prejudice? If yes to both. Inc. (DCI) for violation of the Subdivision and Condominium Buyer’s Protection Act. While still the counsel for SHJAI. Romanillo (2005) F: In 1985 Atty. η Attorney’s right to be paid for his services to former client may be affected by representation of conflicting interests.. Romanillo’s went further and acted as counsel for Lydia Durano-Rodriguez who substituted for DCI in aforementioned civil case. Thus. He manifested undue disrespect to our mandate and exhibited propensity to violate the laws.civ_law] [Hya_Rafael/Mac_Macapagal.comm_law] [Ces_Sicangco/Rowena_Romero.printing] [Miles_Malaya. The title “Judge” should be reserved only to judges. of the oath of a lawyer (in that he did not serve his client’s interest well) and of his duty to both the client and the court.Effects of representation of conflicting interests η Representation of conflicting interests subjects the lawyer to disciplinary action. (SHJAI) before the Human Settlements Regulation Commission in a case against Durano and Corp. only if 2 matters are related and the former client objected to such representation. 224 to be purchased from Durano. Atty.01 prohibiting lawyer from engaging in deceitful conduct and from using any misleading statement or claim regarding qualifications or legal services.poli_law] [Ascheia_Yumul. His disbarment is consequently warranted. a second disbarment case was filed against him for violation of the March 1999 Resolution and for his alleged deceitful conduct in using the title “Judge” although he was not honorably discharged from the judiciary being found guilty of grave and serious misconduct in a previous case Zarate vs.tax_law] .head] [Nayna_Malayang.secretariat] [Dionne_Sanchez. judgment against the latter may be set aside. Salunat (2003) F: Members of the Philippine Public School Teachers Association (PPSTA) filed an intracorporate case against members of the Board of Directors before the SEC and filed a complaint before the Ombudsman for unlawful spending and the undervalued sale of real 60 [Lorybeth_Baldrias. Romanillos represented San Jose Homeowners Association.deputy] [Rhudz_Raymundo. Basis: a lawyer disqualified from appearing on account of inconsistency of duties is presumed to have improperly and prejudicially advised and represented the party from beginning to end of litigation. In 1999 the SC recommended the dismissal of the complaint with admonition that respondent should observe extra care and diligence in the practice of his profession.legal_ethics] [Lianne_Gervasio.03 mandates that a lawyer shall not represent conflicting interests except by written consent of all concerned parties after a full disclosure. The lack of opposition does not mean tacit consent. Inc.  Hornilla v. Atty. Atty. This is not respondent’s first infraction as an officer of the court and a member of the legal profession.

property of PPSTA. Atty. Salunat, the retained counsel of PPSTA, represented the members of the Board of Directors in these cases. Complainants contend that Atty. Salunat was guilty of conflict of interest because he was engaged by the PPSTA, of which complainants were members, and was being paid out of its corporate funds. The SC admonished Atty. Salunat. H: There is conflict of interest when a lawyer represents inconsistent interest of two or more opposing parties. The test is whether or not in behalf of one client, it is the lawyer’s duty to fight for an issue or claim, but it is his duty to oppose it for the other client. Also, if the acceptance of the new retainer will require the attorney to perform an act which will injuriously affect his first client in any matter in which he represents him and also whether he will be called upon in his new relation to use against his first client any knowledge acquired through their connection. Another test is whether the acceptance of a new relation will prevent an attorney from the full discharge of his duty of undivided fidelity and loyalty to his client or invite suspicion of unfaithfulness or doubledealing in the performance thereof. In this case, the court is convinced that a lawyer engaged as counsel for a corporation cannot represent members of the same corporation’s board of directors in a derivative suit brought against them. To do so with be tantamount to representing conflicting interests. Though Salunat claims he only filed a pleading for dismissal, but in the filing of the pleading, he necessarily entered his appearance. Again, there is conflict of interests, considering the complaint in the Ombudsman, albeit in the name of the individual members of the PPSTA, was brought in behalf of and to protect the interests of the corporation.  Dee v. CA (1989) F: Donald Dee and his father went to the residence of Atty. Amelito Mutucto seek Mutuc’s advice regarding the alleged indebtedness of Dee’s brother Dewey to Ceasar’s Palace Casino in Las Vegas. Mutuc pursued the matter and eventually freed Dewey from the claim of the casino. Mutuc then sent the Dees several demand letters for the P50k balance for his attorney’s fees and consequently filed a suit for collection of attorney’s fees and refund of transportation fare. The Dees denied the existence of any professional relationship of attorney and client, claim that the initial visit was an informal one and that the services were not specifically contracted. They also claimed that Mutuc, as the representative of Caesar’s Palace

in the Philippines, worked for the interest of the casino. H: The absence of a written contract will not preclude the finding that there was a professional relationship which merits attorney’s fees for professional fees rendered. Documentary formalism is not an essential element in the employment of an attorney; the contract may be express or implied. As to Mutuc being employed by the casino, the court said that though an attorney is generally prohibited from representing parties with contending positions, at a certain stage of the controversy, a lawyer may represent conflicting interests with the consent of the parties. A common representation may work to the advantage of the parties since a mutual lawyer with honest motivations and impartially cognizant of the parties’ disparate positions, may well be better situated to work out an acceptable settlement of their differences, being free of partisan inclinations and acting with the cooperation and confidence of the parties Because the petitioner was not unaware of these contending interests, he actually consented to them and cannot now decry the dual representation that he postulates. RULE 15.02 PRIVILEGED COMMUNICATION  Rule 15.02. A lawyer shall be bound by the rule on privileged communication in respect of matters disclosed to him by a prospective client.  Art. 209 Revised Penal Code. Betrayal of trust by an atorney. or solicitor. —Revelation of Secrets.—In addition to the proper administrative action, …shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who, by any malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity. NOTES (Aguirre) η Exceptions to privilege 1. When a lawyer is accused by the client and he needs to reveal information to defend himself 2. When the client discloses the intention to commit a crime or unlawful act.

61

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads] [Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law]

(Agpalo) η Matters disclosed by a prospective client to a lawyer are protected by the rule on privileged communication even if the prospective client does not thereafter retain the lawyer or the latter declines the employment. Reason: to make prospective client free to discuss whatever he wishes with the lawyer without fear that what he tells the lawyer will not be divulged nor used against him, and for the lawyer to be equally free to obtain information from the prospective client.

η

 People v. Sandiganbayan (1997) F: In 1985, the Director of Lands sought cancellation of a patent and certificate of title procured by Paredes, Provincial Attorney of Agusan del Sur, then Governor and Congressman, through free patent. The patent and certificate were cancelled as the trial court found it was obtained thru fraudulent means. The Tanodbayan investigated Paredes for allegedly using former position as Provincial Attorney to influence and induce Bureau of Lands officials to favorably act on his application. A criminal case was filed before Sandiganbayan. Sansaet was Paredes’s counsel. Sansaet filed a MR on the ground that filing of case would constitute double jeopardy since a perjury case had been ordered dismissed by the court upon recommendation of DOJ. He attached copy of (1) dismissal order (2) certificate of arraignment and (3) recommendation of DOJ. (these would later turn out to have been falsified with the help of Honrada, clerk of court then acting stenographer of a MCTC in Agusan del Sur). The case was dismissed however on the ground of prescription. In 1990, a taxpayer who filed perjury and graft charges against Paredes, wrote to the Ombudsman seeking investigation of respondents for allegedly falsifying notice of arraignment and transcripts of stenographic notes which were attached to the MR. As it turned out, perjury case did not reach arraigment pending review in the DOJ, hence, fiscal could not have received notice of arraignment. The Ombudsman approved filing of charges against all Paredes, Sansaet and Honrada. It refused to consider Sansaet as state witness since he could not have been unwittingly induced to commit the crime and claimed further that his testimony would be covered by the attorney-client privilege. Sandiganbayan sided with Ombudsman and denied discharge of

Sansaet as sate witness. The SC reversed the decision of the Sandiganbayan H: The Attorney-client relationship cannot apply in this case as the facts and the actuations of both respondents constitute an exception to the rule. Undoubtedly, there was a confidential communication made by Paredes to Sansaet, regardless of the mode. Acts and words of the parties during the period when the documents were being falsified were necessarily confidential since Paredes would not have invited Sansaet to his house and allowed him to witness the same except under conditions of secrecy and confidence. For attorney-client privilege to apply, however, the period to be considered is the date when the privileged communication was made by the client to the attorney in relation to either a crime committed in the past or with respect to a crime intended to be committed in the future. (if past, privilege applies; if future, does not apply) In the present case, testimony sought to be elicited from Sansaet are communications made to him by physical acts and/or accompanying words of Paredes at the time he and Honrada, either with active or passive participation of Sansaet, were about to falsify, or in the process of falsifying, the documents which were later filed by Sansaet in the Tanodbayan. Crime of falsification had not yet been committed, hence, they are not covered by the privilege. It could also not have been covered by the privilege because Sansaet was himself a conspirator in the commission of the crime of falsification. In order that a communication between a lawyer and his client be privileged, it must be for a lawful purpose or in the furtherance of a lawful end. On the contrary, Sansaet, as lawyer, may be bound to disclose the info at once in the interest of justice.  Regala v. Sandiganbayan (1996) F: In 1987, the Republic through the PCGG instituted a complaint before the Sandiganbayan against Eduardo M. Conjuangco, as one of the principal defendants, for the recovery of alleged ill-gotten wealth. Among the defendants named in the case are herein petitioners, who all were then partners of the ACCRA Law Firm. In 1991, the PCGG filed a Motion to exclude private respondent Raul Roco from the complaint as party-defendant. PCGG based its exclusion of Roco on his undertaking that he testify that the partners assisted in the organization and acquisition of the corporations involved in sequestration proceedings and that the partners acted as nominees-stockholders of said corporations. The petitioners subsequently filed a counter-motion that PCGG similarly exclude them as parties-defendants of the case as accorded Roco. The PCGG set the following

62

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads] [Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law]

conditions precedent for the exclusion of petitioners: (1) disclosure of the identity of its clients; (2) submission of documents substantiating the lawyer-client relationship; (3) submission of the deeds of assignments petitioners executed in favor of its clients covering their respective shareholdings. The Sandiganbayan denied the exclusion of petitioners for their refusal to comply with the conditions required by PCGG. The SC reversed the Sandiganbayan. H: In our jurisdiction, this privilege (confidentiality in lawyer-client relationship) takes off from the following authorities (1) Section 383 of the Code of Civil Procedure enacted by Philippine Commission; (2) Sec 24 Rules of Court (3) Sec 138 of the Rules of Court; (4) Canon 17 of the Code of Professional Responsibility; and (5) Canon 15 of the Canons of Professional Ethics The public interests served by the policy that favors confidentiality are the following: 1. In the constitutional sphere, the privilege gives flesh to the right to counsel and the right against self-incrimination. If no such privilege is accorded, an accused might be compelled to either opt to stay away from the judicial system or to lose the right to counsel. 2. Encouraging full disclosure to a lawyer by one seeking legal services opens the door to a whole spectrum of legal options which would otherwise be circumscribed by limited information engendered by fear of disclosure. Necessarily, in order to attain effective representation, the lawyer must invoke the privilege not as a matter of option but as a matter of duty and professional responsibility. The general rule is that a lawyer may not invoke the privilege and refuse to divulge the name or identity of his client. The reasons for this are that: 1. The Court has a right to know that the client whose privileged information is sought to be protected is flesh and blood. 2. The privilege begins to exist only after the attorney-client relationship has been established. The privilege does not attach until there is a client.

to grope forces.)

in

the

dark

against

unknown

63

The general rule is however qualified by some exceptions. Client identity is privileged 1. Where a strong probability exists that revealing the client’s name would implicate the client in the very activity for which he sought the lawyer’s advice. 2. Where disclosure would open the client to civil liability. 3. Where the government’s lawyers have no case against an attorney’s client unless by revealing the client’s name, the said name would furnish the only link that would form the chain of testimony necessary to convict an individual of a crime. Information relating to the identity of the client may fall within the ambit of the privilege when the client’s name itself has an independent significance, such that disclosure would then reveal client confidences. The instant case falls under the first and third exceptions. Under the first exception, the disclosure of the client’s name would lead to establish said client’s connection with the very fact in issue of the case, which is privileged information, because the privilege protects the subject matter or the substance (without which there is no attorney-client relationship). Pets have a legitimate fear that identifying their clients would implicate them in the very activity for which legal advice had been sought, i.e. the alleged accumulation of ill-gotten wealth in the aforementioned corporations. Under the third exception, the revelation of the client’s name would obviously provide the necessary link for the prosecution to build its case, where none otherwise exists. It is the link that would inevitably form the chain of testimony necessary to convict the client of a crime. An important distinction be made between these two cases: First case: A client takes on the services of an attorney for illicit purposes seeking advice about how to go around the law for the purpose of committing illegal activities. Second case: A client thinks he might have previously committed something illegal and consults his attorney about it. The first case does not fall within the privilege. Reason: It is not within the professional character of a lawyer to give advice on the commission of a crime. The second falls within the exception because whether or not the act for which the client sought advice turns out to be illegal, his name cannot be used or disclosed if the disclosure leads to evidence not yet in the hands of the prosecution, which might lead to possible action

3.

The privilege pertains to the subject matter of the relationship. 4. Due process considerations require that the opposing party should know his adversary. (Metaphor: He cannot be obliged

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads] [Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law]

A lawyer when advising his client shall give a candid and honest opinion on the merits and probable results of the client’s case. Some prospective clients secure the services of a particular lawyer or law firm precisely because he can exert a lot of influence on a judge and some lawyers exact big fees for such influence RULE 15.comm_law] [Ces_Sicangco/Rowena_Romero.legal_ethics] [Lianne_Gervasio.07. Reason: The legitimate public interests.lectures] [Japee_DeLeon. he puts himself in a trying situation. CONCILIATOR OR ARBITRATOR  Rule 15. Duty to resist client’s improper request [Lorybeth_Baldrias. Every person must. NOTES (Agpalo) 64 RULE 15.tax_law] .labor_law] [Miguel_DeJesus.rem_law] [Paul_Sorino/Judy_Ripol. But he is not allowed to knowingly advance a claim or defense that is unwarranted under existing law.poli_law] [Ascheia_Yumul.secretariat] [Dionne_Sanchez.  Art.design] Bobbie_StaMaria.06. he should so inform his client and dissuade him from η While a lawyer is not expected to know all the laws he is expected to take such reasonable precaution in the discharge of his duty to his client . η η η If a lawyer finds that his client’s contemplated civil suit is totally devoid of merit. He should also give an honest opinion as to the probable results of the case. A lawyer may.04.printing] [Miles_Malaya.07 IMPRESS COMPLIANCE WITH LAWS AND THE PRINCIPLE OF FAIRNESS  Rule 15.acads] [Jam_Jacob. or that the pending action against him is wholly defenseless. with the end in view of promoting respect for the law and the legal processes. act as mediator. As officers of the court. in the exercise of his rights and in the performance of his duties. NOTES (Agpalo) η A lawyer is bound to give candid and honest opinion on the merit or lack of merit of client’s case. with the written consent of all concerned.05 CANDID. which is his function and duty to find out.head] [Nayna_Malayang. give everyone his due and observe honesty and good faith.05. A lawyer shall impress upon his client compliance with the laws and the principles of fairness. policy serves filing the case or advise him to compromise or submit rather than traverse the incontrovertible RULE 15. A lawyer who guarantees the successful outcome of a litigation is under a heavy pressure to employ any means to win the case at all costs or under a cloud of suspicion of having betrayed a client when the case is lost.against him. The CPR enjoins him to employ only fair and honest means to attain the lawful objectives of his client and warns him not to allow his client to dictate procedure in handling the case. HONEST ADVICE  Rule 15.civ_law] [Hya_Rafael/Mac_Macapagal. However.04 MEDIATOR. η η This rule influence peddling. He may use arguable construction of the law or rules which are favorable to his client. counsel are under obligation to advice their clients against making untenable and inconsistent claims. conciliator or arbitrator in settling disputes. protects against RULE 15. 19 Civil Code. In either case. NOTES (Agpalo) η A lawyer is required to represent his client within the bounds of the law. act with justice.06 NOT TO CLAIM INFLUENCE  Rule 15. tribunal or legislative body. he shall not act as counsel for any of them. neither overstating nor understating the prospect of the case. A lawyer shall not state or imply that he is able to influence any public official. neither overstating nor understanding the prospects of the case.deputy] [Rhudz_Raymundo.crim_law] [Vivian_Tan/Justin_Mendoza. NOTES (Agpalo) η An attorney’s knowledge of the law and his reputation for fidelity may make it easy for the disputants to settle their differences amicably.

legal_ethics] [Lianne_Gervasio.08 DUAL PROFESSION  Rule 15. one of the purposes of the state. Valdes could not claim oversight in charging the two loans against the estate since it was made in his name. Nakpil v.poli_law] [Ascheia_Yumul. A lawyer should comply with the client’s lawful requests.acads] [Jam_Jacob. The ownership of the Baguio property became an issue in the intestate proceedings as Valdes excluded it from the inventory of Jose’s estate.design] Bobbie_StaMaria.η A lawyer appears in court not only as an advocate of his client but also as an officer of the court trusted and authorized by the state to assist the court in determining what is right between the parties before it. Thus. Carlos Valdes was the lawyer and accountant of the Nakpils.secretariat] [Dionne_Sanchez.08. Valdes’ misuse of his legal expertise to deprive his client of the Moran property is clearly unethical.lectures] [Japee_DeLeon. judicial officer.deputy] [Rhudz_Raymundo. A lawyer should use his best efforts to restrain and to prevent his client from doing those things which he himself ought not to do.tax_law] . he should have at least informed Imelda of his claim.labor_law] [Miguel_DeJesus. Even granting that Imelda failed to pay after the 5year period. since his auditing firm prepared the list of claims of creditors who were also represented by his law firm. he is free and is entitled to advice as to its validity and as to what he conscientiously believes to be its just meaning and extent. Valdes (1998)  [Lorybeth_Baldrias. He violated Canon 17 of CPR (which provides that a lawyer owes fidelity to his clients 65 η RULE 15. he agreed that Valdes would keep the property in trust until the Nakpils could buy it back. In 1973. Valdes’ act of excluding the Moran property from the estate evinces his lack of fidelity to the cause of the client. Valdes transferred his title to the property to his company. The estate filed an action for reconveyance and the adminstratix filed an administrative case to disbar Valdes for (1) maliciously appropriating the property in trust to his family corporation (2) including in the claims against the estate the amounts of the two loans which he claimed were Jose’s loans “probably for the purchase of a house and lot in Moran St. Baguio City and (3) for conflict of interest. In 1978. The SC suspended Valdes from the practice of law for one year H: A lawyer is not barred from dealing with his client but the business transaction must be characterized with utmost honesty and good faith. Reason: certain ethical considerations may be operative in one profession and not in the other. Business transactions between an attorney and his client are disfavored and discouraged by policy of law because by virtue of a lawyer’s office. he is an easy position to take advantage of the credulity and ignorance of his client.crim_law] [Vivian_Tan/Justin_Mendoza. particularly with reference to the conduct toward the court. there is no presumption of innocence or improbability of wrongdoing in favor of lawyers. Factual findings show that Valdes initially acknowledged and respected the trust nature of the Moran property.civ_law] [Hya_Rafael/Mac_Macapagal. A lawyer must also observe and advice his client to observe the statute law.comm_law] [Ces_Sicangco/Rowena_Romero. η η η F: Atty. Jose Nakpil died. If he truly believed property belonged to him. The State is vitally interested in seeking that justice is done and goes to great expense and provides the machinery for that part of its governmental function. witness. it did not mean Valdes automatically owned the property since the proper action would be to proceed against the estate of Jose. He wanted to “have his cake and eat it too” and subordinated the interest of his client to his own. it is the client who should yield to the lawyer and not the other way around. In 1965.rem_law] [Paul_Sorino/Judy_Ripol. etc. NOTES (Agpalo) η Exercise of dual profession is not prohibited but a lawyer must make it clear when he is acting as a lawyer and when he is otherwise. But he should resist and should never follow any unlawful instructions. He violated the trust agreement when he claimed absolute ownership over the property and refused to sell the property to Imelda after Jose’s death..head] [Nayna_Malayang. thought until a statute shall have been construed and interpreted by competent jurisdiction. In matters of law. To permit lawyers to resort to unscrupulous practices for the protection of the supposed rights of their clients is to defeat the administration of justice. Jose Nakpil wanted to buy a summer residence in Baguio City but because of lack of funds. A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity. especially in occupations related to the practice of law.printing] [Miles_Malaya. Valdes took out two loans to purchase the property.

However. Respondent acted as counsel and accountant of the complainant after the death of Jose. 1978. Even if the claims were valid and did not prejudice the estate. his adverse to the estate. and that of the two claimants who are creditors of the estate. the intestate proceedings was still pending in court. A Lawyer shall hold in trust all money’s and properties of his client that may come into his possession. Rule 16.and enjoins him to be mindful of the trust and confidence reposed on him). The fact that Valdes did not personally file the case and appear in court is beside the point. 1976. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court. allowing his law firm to represent the estate in the proceedings where these claims were presented.03.civ_law] [Hya_Rafael/Mac_Macapagal.printing] [Miles_Malaya. It was his duty to inhibit either of his firms to avoid probability of conflict. honesty. The relationship does not negate creditor files a interest is per se of claimants to the late Nakpil the conflict of interest. That Imelda did not object to Valdes’ law firm acting as legal counsel of the estate and his accounting firm as auditor of both the estate and the claimants cannot be taken against her as there is no showing that Valdes or his law firm explained the legal situation and its consequences to the complainant. It is a breach of professional ethics and undesirable because it placed respondent’s and his law firm’s loyalty under a cloud of doubt. Possession of good moral character is not only a prerequisite to the admission to the bar but also a continuing requirement to the practice of law. on Feb. A lawyer shall deliver the funds and property to his client when due or upon demand. In the estate proceedings.poli_law] [Ascheia_Yumul.design] Bobbie_StaMaria. A lawyer shall account for all money or property collected or received for or from the client. A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him.rem_law] [Paul_Sorino/Judy_Ripol. probity or good demeanor. The test to determine whethere there is conflict of interest in the representation is the probability. [Lorybeth_Baldrias. Her silence does not amount to acquiescence based on an informed consent. the duty of his law firm was to contest the claims of these two creditors but which claims were prepared by his accounting firm.comm_law] [Ces_Sicangco/Rowena_Romero.labor_law] [Miguel_DeJesus.tax_law] . Members of the Bar are expected to always live up to the standards embodied in the CPR as the relationship bet.legal_ethics] [Lianne_Gervasio. the set-up is still undesirable. 66 CANON 16 HOLD IN TRUST CLIENT’S MONEY AND PROPERTIES  Canon 16. His claim of resignation from the law firm is not supported by any documentary proof and even with his resignation from the accounting firm in 1972 and 1974. The lawyer must explain to his clients the nature and extent of the conflict and the possible adverse effects must be thoroughly understood by his clients. Public confidence in law and lawyers may be eroded by the irrresponsible and improper conduct of a member of the bar. When a claim against an estate. not the certainty of conflict.02. the attorney and his client is highly fiduciary in nature and demands utmost fidelity and good faith. Rule 16. as long as it shows in him to be wanting in moral character.01. even if it pertains to his private activities. It applies although the attorney’s intentions and motives were honest and he acted in good faith. Rule 16. 13.acads] [Jam_Jacob. he may still be disciplined by the Court because a lawyer may be suspended or disbarred for ANY misconduct.crim_law] [Vivian_Tan/Justin_Mendoza. Complainant is not charging respondent with breach of ethics for being the common accountant of the estate of the two creditors but for allowing his accounting firm to represent 2 creditors of the estate and. Valdes undoubtedly placed his law firm in a position where his loyalty to his client could be doubted. there is clearly a conflict between the interest of the estate which stands as the debtor. In this case. Valdes is guilty of representing conflict of interests.secretariat] [Dionne_Sanchez. giving notice promptly thereafter to his client. The proscription against representation of conflicting interests finds application where the conflicting interests arise with respect to the same general matter and is applicable however slight such adverse interest may be. When Valdes transferred the Moran property to his corp. Even if misconduct pertains to his accounting practice. he returned on July 1. Representation of conflicting interests may be allowed where the parties give an informed consent to the representation after full disclosure of facts.deputy] [Rhudz_Raymundo.lectures] [Japee_DeLeon. at the same time. Valdes’ claim that he could not be charged as his “misconduct” pertains to his accounting practice is of no merit. he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements.head] [Nayna_Malayang.

04. 1491(5) Civil Code. as a rule. law requires that courts be vigilant in protecting clients “in all contractual. not only of the necessity of his client but of his good nature.secretariat] [Dionne_Sanchez. any property or interest involved in any litigation in which he may take part by virtue of his profession. Neither shall a lawyer lend money to a client except when. 67 η Purchase of client’s property in litigation η Law and canons of the legal profession prohibit a lawyer from purchasing. Law does not trust human nature to resist temptation likely to arise. NOTES (Agpalo) Effects of fiduciary relations. loyalty.tax_law] . fidelity and disinterestedness on the part of an attorney is designed to removed all such temptation. Principles of expediency and justice demand that a lawyer should not take advantage of his position to the prejudice of his client. and opens him to the temptation to avail himself. it is the client who should benefit. which requires all dealings growing out of such relationship to be subject to the closest judicial scrutiny. judges.” η Business transactions between lawyers and clients must be characterized by utmost honesty and good faith of a much higher standard than that in ordinary business dealings. clerks of superior and inferior courts. in the interest of justice. liberality and credulity to obtain undue advantages. when one of the parties is at a disadvantage on account of his moral dependence. mental weakness. Although a lawyer is not barred. A fiduciary relationship exists as a matter of law between attorney and client.deputy] [Rhudz_Raymundo. Thus. from dealing with his client. In fact. the attorney takes part as counsel in the case 4. the attorney himself or through another purchases such property or interest during the pendency of the litigation [Lorybeth_Baldrias.labor_law] [Miguel_DeJesus.head] [Nayna_Malayang. burden of proof rests upon attorney to show fairness of the transaction. The following persons cannot acquire by purchase. the property and rights in litigation or levied upon an execution before the court within whose jurisdiction or territory they exercise their respective functions. indigence. η η η Dealings with client closely scrutinized η Court will protect client from any undue disadvantage resulting from any situation in Application of Rule η When all the following four elements are present there is a violation of law and ethically improper conduct: 1.  Art. this prohibition includes the act of acquiring by assignment and shall apply to lawyers. η Fiduciary and strictly confidential relations requiring utmost good faith. Prohibition is absolute and permanent. ignorance.crim_law] [Vivian_Tan/Justin_Mendoza.acads] [Jam_Jacob. which he and his attorney may stand unequal.comm_law] [Ces_Sicangco/Rowena_Romero. tender age or other handicaps. with respect to the property and tights which may be the object of any litigation in which they may take part by virtue of their profession. prosecuting attorneys. and other officers and employees connected with the administration of justice. A lawyer shall not borrow money from his client unless the client’s interests are fully protected by the nature of the case or by independent advice.design] Bobbie_StaMaria.lectures] [Japee_DeLeon. even at a public or judicial auction. bargains and gratuities.printing] [Miles_Malaya.civ_law] [Hya_Rafael/Mac_Macapagal. he has to advance necessary expenses in a legal matter he is handling for the client. η Purpose: to curtail any undue influence of the lawyer upon his client on account of his fiduciary and confidential relation with him. wither in person or through the mediation of another: (5) Justices.rem_law] [Paul_Sorino/Judy_Ripol. there must be attorney-client relationship 2. no presumption of innocence or improbability of wrongdoing is considered in his favor. the property or interest of the client must be in litigation 3.legal_ethics] [Lianne_Gervasio. No need to show fraud and no excuse will be heard. and rests on considerations of public policy and interest.Rule 16. property or other relations. Even when transaction between lawyer and client is not prohibited by law. either in person or through the mediation of another. this kind of business transactions are disfavored and discouraged by policy of law—because a lawyer is in a position to take advantage of the credulity and ignorance of his client.poli_law] [Ascheia_Yumul. even at a public auction. on the contrary. generally η Position of attorney enables him to put in his power.

personal or real.) Purchase of choses in action η Spirit of the rule against the acquisition of a client’s property in litigation and the injunction against stirring up of strife should be applied in determining whether the purchase of a chose in action by an attorney is improper.civ_law] [Hya_Rafael/Mac_Macapagal.comm_law] [Ces_Sicangco/Rowena_Romero. the transfer contravenes the law. an attorney may bid on behalf of his client at the auction sale of the client’s property in litigation since it is not for his own benefit) η η contingent fee contract: allowed since it neither gives nor purports to give to the attorney an absolute right.68 η immaterial that deed of sale is executed at the instance of the client or at the behest of the lawyer because the latter occupies a vantage position to dictate his terms η prohibition covers any scheme which has the effect of circumventing the law (ex: deed of sale as attorney’s fees. properly acquire choses in action not in his professional capacity but as a legitimate investment.printing] [Miles_Malaya. however. and (2) attorney places himself in the category of a voluntary litigant for a profit. etc.lectures] [Japee_DeLeon. that a contingent fee contract which is unreasonable ceases to be a measure of due compensation for services rendered. RULE 16.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus. η When rule inapplicable η The absence of one element renders prohibition inapplicable (e.secretariat] [Dionne_Sanchez. It is improper for lawyer to accumulate distinct causes of action in himself by assignment from hundreds of small claimants and sue in his name for the benefit of the clients directly interested because (1) while there is no litigation yet. It is improper for a lawyer to enter into an arrangement with one who purchases future interests in estates where he becomes part owner and shares in the profit in consideration of his work in securing the interest. The lawyer will be deemed to hold the property in trust for the client. but his being a lawyer in the practice of law enjoins him from doing any such act as may bring dishonor to the profession or violate any of its ethical rules concerning advertising or solicitation of business. η The client is therefore entitled to recover property and interest from his attorney with the fruits. A lawyer shall account for all money or property collected or received for or from the client.design] Bobbie_StaMaria.g. η Purpose: prevent lawyer from the temptation to litigate in his own account as a business proposition.tax_law] . in the subject matter during the pendency of the litigation..legal_ethics] [Lianne_Gervasio. A distinction must be made between purchasing an interest in the litigation to enable a lawyer to litigate on his own account or to abuse the client’s confidence (prohibited) and accepting compensation contingent upon the result of the litigation (allowed). return the purchase price and the legal interests. the measure of compensation provided is a mere basis for the computation of fees and the payment made from the proceeds of the litigation is effected only after its successful termination.01. however. The client should.. Note. An attorney may. η η Effects of Prohibited Purchase η A prohibited purchase is null and void ab initio. purchase by firm or wife. litigation is its purpose. NOTES (Agpalo) [Lorybeth_Baldrias. however. It is improper for lawyer in his professional capacity to buy judgment notes or other choses in action for much less than their face value with intent to collect them at a large profit for himself. η where the value of the property in litigation transferred by a client in favor of his attorney in payment of the latter’s fees is worth much more than the his services. The fact that a person happens to be a lawyer does not deprive him of the privilege to engage in business activities as enjoyed by any other person. public interest and public policy dictate that its nullity is definite and permanent and cannot be cured by ratification.acads] [Jam_Jacob.head] [Nayna_Malayang.rem_law] [Paul_Sorino/Judy_Ripol.deputy] [Rhudz_Raymundo.poli_law] [Ascheia_Yumul.01 ACCOUNT FOR ALL MONEY AND PROPERTY  Rule 16.

legal_ethics] [Lianne_Gervasio. and the real question for determination is whether or not the attorney is still a fit person to be allowed the privileges as such. The question is not whether the rights of the clients have been prejudiced but whether the lawyer has adhered to the ethical standards of the bar. Aquino v. The circumstance that a lawyer has a lien for his attorney’s fees over the client’s money in his possession does not relieve him from the obligation to make a prompt accounting and his failure to do so constitutes professional misconduct η η prosecutor therein.. For a member of the legal profession to further stoke the embers of mistrust on the judicial system with such irresponsible representations is reprehensible and cannot be tolerated. has ultimate disciplinary power over attorneys.comm_law] [Ces_Sicangco/Rowena_Romero. as to safeguard the administration of justice by protecting the court and the public from the misconduct of officers of the court. [They] may be initiated by the Court motu propio. Money received by a lawyer from a person who is not his client is also held by him in trust and he is under obligation to account for it. their attorney-in-fact. and thereafter. they do not involve a trial of an action or a suit. in trust and should promptly make an accounting thereof. it is his sworn and moral duty to help build and not destroy unnecessarily that high esteem and regard towards the courts so essential to the proper administration of justice. Judiciary has been besieged enough with accusations of corruption and malpractice.000 in cash and checks to secure the release of Daen.000 for the immediate release of the detainee through his alleged connection with a Justice of the SC. Atty. ask for money which will allegedly be given to such connections. SC considered the penalties in different circumstances in previous cases and concluded that Atty. The same is true in this case. Barcelona. claiming he knew someone there.secretariat] [Dionne_Sanchez. Respondent made a mockery of the Judiciary and further eroded public confidence in courts and lawyers when he ignored the proceedings in the Aquino and in the present case. Moreso when he misrepresented to client that he has connections with a Member of the Court to accommodate his client and that Justices of the Court accept money. Atty. Barcelona up to P64. Wenceslao C.. and for the Court to exercise its disciplinary powers. 69 η η  Berbano v. burden of proof rests on complainant. convincing and satisfactory proof (clear preponderant evidence). he had the audacity to tell complainant that the Justices of the Supreme Court do not accept checks. In determining the penalty imposed. he placed the Court in dishonor and public contempt..lectures] [Japee_DeLeon.η A lawyer holds money or property. Failure to return would raise presumption that he misappropriated the money/property.there is neither a plaintiff nor a [Lorybeth_Baldrias.crim_law] [Vivian_Tan/Justin_Mendoza.. In re Almacen: “Disciplinary proceedings against lawyers are sui generis.printing] [Miles_Malaya. Barcelona deserves to be disbarred for collecting P64.01. He misrepresented himself to complainant when he offered to secure restructuring complainant’s loan in PNB. as guardian of the legal profession. Indubitably. Public interest is [their] primary objective. which he received from or for his client. If money or property entrusted was not used for its purpose. He was suspended for 6 months and ordered to return whatever remained of complainant’s P60. 16 and Rule 16.head] [Nayna_Malayang. 7.deputy] [Rhudz_Raymundo. The Supreme Court. As an officer of the Court. and to remove from the profession of law persons whose disregard for their oath of office have proved them unfit to continue discharging the trust reposed in them as members of the bar.rem_law] [Paul_Sorino/Judy_Ripol. he does not deserve to remain a member of the Bar any minute longer.design] Bobbie_StaMaria. H: Respondent is guilty of culpable violations of Canons 1. The SC ordered his disbarment. it should be returned immediately to the client. In so doing.labor_law] [Miguel_DeJesus.” In disbarment proceedings. 11. the case against the respondent must be established by clear. Not only that. The Code exacts from lawyers not only a firm respect for law.civ_law] [Hya_Rafael/Mac_Macapagal.000.poli_law] [Ascheia_Yumul. Barcelona made it appear that he had connections with SC justices. Barcelona had previously been charged and found guilty of conduct unbecoming a lawyer in Gil T. It appears that Atty. Barcelona (2003) F: The Berbano family gave Atty. Respondent has demonstrated a penchant for misrepresenting to clients that he has the proper connection to secure relief they seek. OBITER: The object of disbarment is not so much to punish the individual attorney himself. but are rather investigations by the Court into the conduct of one of its officers.tax_law] . legal processes and the courts but also mandates the utmost degree of fidelity and good faith in dealing with their clients and the moneys entrusted to them pursuant to their fiduciary relationship. Neither purely civil nor purely criminal.acads] [Jam_Jacob.

Creditors of her husband went after her so she hired legal [Lorybeth_Baldrias. When mortgages over three other lots fell due. a forbidden act. Go can sell the lots and pay Nazaria’s debts. In 1974.secretariat] [Dionne_Sanchez. H: Atty.comm_law] [Ces_Sicangco/Rowena_Romero. he also serves the ends of justice and does honor to the bar and helps maintain the respect of the community to the legal profession. Rule 138 of ROC). who violates his oath. Go did not sell the lots but that he become the owner.legal_ethics] [Lianne_Gervasio.rem_law] [Paul_Sorino/Judy_Ripol. A member of the bar who converts the money of his client to his own benefit through false pretenses is guilty of deceit. honesty. Lawyers are to uphold the integrity and dignity of the legal profession and are to refrain from any act or omission which might lessen the trust and confidence reposed by the public in the fidelity. Atty. In 1975. He should report promptly the money of his client in his possession. services of Atty.02.printing] [Miles_Malaya.000 as their share in the intestate proceeding of their maternal grandparents. OBITER: Respondent’s deceitful. A lawyer who performs that duty with diligence and candor not only protects his client’s cause. Complainant could have earned more if lots were sold to other buyers. who advised her to give him titles to 3 lots in Zamboanga City and execute deeds of sale in his favor without any monetary or valuable consideration supposedly so that Atty. Not alone has he degraded himself but as an unfaithful lawyer he has besmirched the fair name of an honorable profession. The SC disbarred Go. pledges himself not to delay any man for money or malice and is bound to conduct himself with all good fidelity to his clients. RULE 16. a grievous wrong. and integrity of the legal profession. malpractice and gross misconduct in his office of lawyer (plus manufactured defenses. The fact that a lawyer has a lien for fees on money in his hands would not relieve him from the duty of promptly accounting for the funds received.civ_law] [Hya_Rafael/Mac_Macapagal.labor_law] [Miguel_DeJesus. Legaspi who. He should not commingle it without his client’s consent. 25. Daroy v. a dereliction in duty. lack of candor and failure to appear in the investigation causing case to drag for 5 years). The attorney. Go’s acts in acquiring the lots entrusted to him are acts constituting gross misconduct. thereby violating Canon 16. The SC disbarred Atty. Nazaria filed disbarment lettercomplaint. A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him. NOTES (Agpalo) η A lawyer should keeps funds of each client separate and apart from his own.design] Bobbie_StaMaria.crim_law] [Vivian_Tan/Justin_Mendoza.lectures] [Japee_DeLeon. received from the deputy provincial sheriff P4. He should not use client’s money for personal purposes without client’s consent. Go redeemed the lots and convinced Nazaria to execute deeds of sale in his favor. under his oath. to withdraw the privilege if it appears that he is no longer worthy of trust and confidence of his clients and the public. H: A lawyer. depriving her of real properties worth millions. Nazaria Hernandez’s husband left her and her son Luciano. He misled his clients by informing them that they could withdraw the money but later admitted that he had withdrawn the money and spent it. dishonest. He should have given a detailed report. Records show she did not receive any amount from respondent. Respondent blemished not only his reputation as member of the Bar but also the legal profession. Legaspi (1975) F: The SC disbarred Atty. He should maintain a reputation for honesty and fidelity to private trust. Such conduct degrades not only himself but also the name and honor of the legal profession. He is obligated to report promptly the money of his clients that has come into his possession (otherwise a violation of Sec. It is the duty of the Court. Public interest requires that an attorney should exert his best efforts and ability to protect the interests of his clients. Jose Go.poli_law] [Ascheia_Yumul. unlawful and grossly immoral acts have made him unfit to remain in the legal profession. Membership in the bar is a privilege. Go (2005) F: In 1961.head] [Nayna_Malayang. betrays the confidence reposed in him by a client and practices deceit cannot be permitted to continue as a law practitioner. willful in character and implies a wrongful intent and not mere error in judgment.acads] [Jam_Jacob. Legaspi. He also violated Canon 17 when he abused the trust and confidence of Nazaria when he did not sell the lots as agreed but sold it to himself. without his client’s knowledge. which made a lawyer one of its officers and gave him the privilege of ministering within its Bar. Good moral character is not only a condition precedent to the admission to the practice of 70  Hernandez v.deputy] [Rhudz_Raymundo.tax_law] .02 KEEP CLIENT’S FUND SEPARATE  Rule 16. Nazaria found out Atty.

Attorney’s liens. The trust and confidence necessarily reposed by clients require in the attorney a high standard and appreciation of his duty to his clients. to satisfy his lawful fees and disbursements. 16.01. Busiños dropped estafa case but not the disbarment case. or issuing such execution. 27(3) . The SC H: Atty.poli_law] [Ascheia_Yumul. Rule 1. 37. LAWYER’S LIEN  Rule 16. Only after an estafa case was filed did Atty. Albay.civ_law] [Hya_Rafael/Mac_Macapagal. There is no doubt he is guilty of having used the money of his clients without their consent. OBITER: Respondent’s transgressions manifested dishonesty and amounted to grave misconduct and grossly unethical behavior which caused dishonor.02 and 16.  Rule 138. documents and papers of his client which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid. from and after the time when he shall have caused a statement of his claim of such lien to be entered upon the record of the court rendering such judgement.legal_ethics] [Lianne_Gervasio. Busiños waited for the amounts to deposited in her account. and shall have caused written notice thereof to be delivered to his client and power over such judgements and executions as his client would have to enforce his lien and secure the payment of his just fees and disbursements. he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements. a lawyer can do honor to the legal profession by faithfully performing his duties to society. He shall also have a lien to the same extent upon all judgements for the payment of money. Sec.tax_law] . Money collected by a lawyer in pursuance of a judgment in favor of his clients is held in trust and must be immediately turned over to them. A lawyer shall at all times uphold the integrity and dignity of the legal profession.03 of Canon 16 of the CPR. Ricafort (1997) F: Atty.03. giving notice promptly thereafter to his client. 71 η  Busiños v. A lawyer who takes advantage of his client’s financial plight to acquire the latter’s properties for his own benefit is destructive of the confidence of the public in the fidelity. This rule grants the lawyer a lien over the client’s funds in his possession as well as on all judgments and executions he has secured for his client. its continued possession is also essential for remaining in the legal profession. Atty. To this end. and executions issued in pursuance of such judgements. NOTES (Agpalo) η Failure of an attorney to return client’s money upon demand gives rise to presumption that he has misappropriated it for his own use. Ricafort breached Sec. If no such agreement or consent or if there is dispute or disagreement as to the fees. Generally speaking.lectures] [Japee_DeLeon.law. Ricafort. P25K and from OAS Standard High School P5K.design] Bobbie_StaMaria. and may apply such funds to the satisfaction thereof.comm_law] [Ces_Sicangco/Rowena_Romero. which he has secured in a litigation of his client.deputy] [Rhudz_Raymundo.labor_law] [Miguel_DeJesus. all promising the latter to make good his promise to pay the money he withdrew from the Clerk of Court and OAS. His use of their money is made more manifest by his letters to complainant.acads] [Jam_Jacob. the courts and the public. but to the noble profession to which he belongs.03 DELIVERY OF FUNDS.— An attorney shall have a lien upon the funds. his profession.secretariat] [Dionne_Sanchez. A lawyer shall deliver the funds and property to his client when due or upon demand. 25 of Rule 138 of Rules of Court. Rule 138 of the Revised Rules of Court mandates that a lawyer may be disbarred or suspended by SC for gross misconduct in office.rem_law] [Paul_Sorino/Judy_Ripol. η If client agrees with lawyer as to the amount of attorney’s fees and as to the application of the client’s fund to pay his lawful fees and disbursement. Ricafort pay P60K as settlement. Ricafort later informed her that he had spent the money but he promised to pay her.01 of Canon 1 and Rules 16. he should return everything to client without prejudice to his filing a case to recover his unsatisfied fees. Penalty recommended by IBP too light considering the depravity of respondent’s offense. RULE 16. and integrity of the legal profession. a lawyer may deduct what is due him and remit the balance to his client.printing] [Miles_Malaya. received from the Clerk of Court of RTC Ligao. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court. not merely to respondent. sec. honesty. to the bar. However.crim_law] [Vivian_Tan/Justin_Mendoza.head] [Nayna_Malayang. to the courts and to his clients. as counsel of Busiños in a case Busiños won. The bar should maintain a high standard of legal proficiency as well as of honesty and fair dealing. [Lorybeth_Baldrias.

crim_law] [Vivian_Tan/Justin_Mendoza. Robinol] Atty. 21 expressed their resolve to change their lawyers. Robinol and found that Atty. His claim that since he was unjustly dismissed by his clients he had the legal right to retain the money in his possession has no basis because of the following reasons: (1) There was a justifiable ground for his discharge.500 per family with which to pay for the land only to be deprived of the same by one who. On the pretense that he wanted his portion converted to cash.head] [Nayna_Malayang. Robinol is estopped from questioning his discharge. honesty and integrity of the profession.secretariat] [Dionne_Sanchez. Atty. in the interest of justice. while the second part allows a lawyer to lend money to his client only when he has to advance necessary expenses in a legal matter he is handling for the client as this will serve the interest of justice. 72 The principle of quantum meruit applies if a lawyer is employed without a price agreed upon for his services in which case he would be entitled to receive what he merits for his services. NOTES (Aguirre) η Stated positively. Robinol to purchase the land which they were occupying. he is bereft of any legal right to retain his client’s funds intended for a specific purpose-the purchase of land. he stated that he had no objection to Atty. Neither shall a lawyer lend money to a client except when.comm_law] [Ces_Sicangco/Rowena_Romero. transgressing Canon 11 which requires a lawyer to observe and maintain respect due to the courts. the first part of the above rule allows the lawyer to borrow form his client if the client’s interests are fully protected by the nature of the case or by independent advise.printing] [Miles_Malaya.poli_law] [Ascheia_Yumul. Any departure from the path which a lawyer must follow as demanded by virtues of his profession shall not be tolerated especially where respondent deliberately defied lawful orders of the Court. The plaintiff’s act was within their prerogative in deciding to change their lawyer for loss of trust and confidence.labor_law] [Miguel_DeJesus.lectures] [Japee_DeLeon. Robinol (1989) F: Pursuant to a court order in their favor. The SC disbarred Atty. In his memorandum and in the proceedings. Clients were mere squatters who could barely raised their respective quota of 2. he has to advance necessary expenses in a legal matter he is handling for the client. which he was duty-bound to protect. Clients are free to change their counsel in a pending case at any time and thereafter employ another lawyer who may then enter his appearance. Montemayor’s appearance as a counsel. [Lorybeth_Baldrias. Montemayor and filed an administrative case against Atty. RULE 16. Montemayor did not encroach upon the the former’s attorney-client relationship with the families. heartlessly took advantage of them. Montemayor had in no way encroached upon the professional employment of a colleague.design] Bobbie_StaMaria. H: [re: Atty. Robinol to investigate his refusal to return money. Of the 32 plaintiffs. H: [re: Atty.04 NO BORROWING OR LENDING  Rule 16. Robinol had entered into an agreement with the families that he would receive a portion of the land equivalent to that of one of the families.  Quilban v. It is sufficient to make the consensus binding. as much as he has earned. Respondent chose to forget that by swearing the lawyer’s oath. he witheld payment of the P75K to the owner of the property. Robinol has no right to unilaterally appropriate his client’s money not only because he is bound by written agreement (the written agreement says that portions of the land would be given to him not its monetary equivalent) but also because it was highly unjust for him to do so.civ_law] [Hya_Rafael/Mac_Macapagal.tax_law] . he became a guardian of truth and the rule of law. thirty-two squatter families turned over a total of P75K to their counsel Atty.deputy] [Rhudz_Raymundo.rem_law] [Paul_Sorino/Judy_Ripol. after having seen the color of money. A lawyer shall not borrow money from his client unless the client’s interests are fully protected by the nature of the case or by independent advice.04. and an insdispensable instrument in the fair and impartial administration of justice —a vital function of democracy. In this case. the principle is inapplicable because there was an express contact and a stipulated mode of compensation.acads] [Jam_Jacob.nothing should be done by any member of the legal fraternity which might tend to lessen in any degree the confidence of the public in the fidelity. Robinol] Atty. however. His clients had lost confidence in him for he had engaged in dilatory tactics to the detriment of their interests. He was informed in writing by plaintiffs of the termination of his services followed by another letter of the same tenor. The families changed counsel to Atty. Atty.legal_ethics] [Lianne_Gervasio. (2) Even if there were no valid ground.

Champerty—a bargain by a stranger (the lawyer) with a party to a suit (the client) by which such third person undertakes to carry on the litigation at his own expense and risk. directly or indirectly.lectures] [Japee_DeLeon. The profession. demands of an attorney an absolute abdication of every personal advantage conflicting in any way. the lawyer gets reimbursed for any advances made for the client in the course of the representation.civ_law] [Hya_Rafael/Mac_Macapagal. for if a lawyer acquires a financial interest in the outcome of the case. Complainant issued the total amount of P41. Failure to return raises the presumption that he misappropriated it. Quiocho encashed the checks. if successful.printing] [Miles_Malaya. fairness and loyalty in all his dealings and transactions with his clients. The SC suspended Atty. He is to keep the funds of his client separate and apart from his own and those of others kept by him. therefore.  Rubias v. H: “Assuming arguendo that his client could sell the same. whether he wins the suit or not. the free exercise of his judgment may be adversely affected. Quiocho had not been in the practice of law for some time but decided to revive his legal practice with some associates. She then demanded the refund of the amount and the documents she handed. exacting and confidential character. v Maintenance—consists in maintaining. a part of the proceeds or subject sought to be recovered. [Lorybeth_Baldrias. or by independent advice from another lawyer. SC held that the sale was void. After two months. only the amount of attorney’s fees is contingent upon winning.secretariat] [Dionne_Sanchez.tax_law] . respondent was unable to secure title over the property in favor of complainant.rem_law] [Paul_Sorino/Judy_Ripol. 73  Barnachea v. a lawyer. Respondent failed to comply. A lawyer is duty-bound to observe candor. He might be after his own recovery more than that of his client.crim_law] [Vivian_Tan/Justin_Mendoza. While the lawyer may borrow where the client’s interests are fully protected by the nature of the case he is handling for the client. Chaperty is a bargain to divide the proceeds of litigation between the owner of the liquidated claim (the client) and a party supporting or enforcing the litigation (the lawyer) v Contingent Fee Contract—in this. If money entrusted to a lawyer for a specific purpose is not used.η Chapertous Contract—where the lawyer assumes all expenses of litigation and reimbursement is contingent on outcome of case is PROHIBITED! Chapertous contracts are like wagers—the lawyer gets paid and reimbursed if he wins the case and loses even what he had spent on the case if he loses. the sale would still be void and could produce no legal effect because Article 1491 of our Civil Code prohibits lawyers.labor_law] [Miguel_DeJesus.design] Bobbie_StaMaria. against its present occupant Batiller. in consideration of receiving. Batiller (1973) F: Atty.poli_law] [Ascheia_Yumul. from acquiring such property in their trust or control either directly or η η η (Agpalo) η That a lawyer should not borrow from his client is intended to prevent the lawyer form taking advantage of his influence over the client. Rubias and his father-in-law was void because it was made when plaintiff was counsel of his father-in-law in a land registration case involving the property in dispute (pursuant to art. η That a lawyer may not lend money to client.head] [Nayna_Malayang. 1409 & 1491 of the Civil Code).280 for the expenses for the transfer and payment for respondent’s legal services. Complainant Baranachea filed a complaint for breach of lawyer-client relations. Atty.comm_law] [Ces_Sicangco/Rowena_Romero. it must be returned immediately. Quicho (2003) F: Atty.legal_ethics] [Lianne_Gervasio. The complainant engaged the legal services of repsondent to cause the transfer under her name of title over property previously owned by her sister. Quiocho from the practice of law for one year. Rubias. The relation of attorney and client is highly fiduciary in nature and is of a very delicate. he should not abuse the client’s confidence by delaying payment. except when. with the interest of his client. filed a suit to recover the ownership and possession of a parcel of lot which he bought from his father-in-law. H: A lawyer is obliged to hold in trust money or property of his client that may come into his possession. by reason of the relation or trust or their peculiar control over the property. amongst others. he has to advance necessary expenses in a legal matter he is handling.acads] [Jam_Jacob. Batiller argued that the contract of sale between Atty. violating his duty of undivided fidelity to client and making lawyering a money-making venture and not a profession.deputy] [Rhudz_Raymundo. is intended to assure the lawyer’s independent professional judgment. in the interest of justice. supporting or promoting the litigation of another.

regardless of his lawyer’s personal views.indirectly and even at a public or judicial function. 74 η CANON 17 TRUST AND CONFIDENCE  Canon 17. This only constitutes prima facie evidence of Maquera’s unethical acts as a lawyer. η Fear. for one year for his non-payment of IBP dues.lectures] [Japee_DeLeon.crim_law] [Vivian_Tan/Justin_Mendoza. Once he agrees to take up the client’s cause. legally applied. The Court. asked that he show cause why he should not be penalized and suspended him. Maquera’s acts are valid grounds for his suspension from the practice of law in the Philippines. The nullity of such prohibited contracts with regard to judicial officers and lawyers is definite and permanent and cannot be cured by ratification. The finest hours of the legal profession were those where a lawyer stood by his client even in the face and risk of danger to this person or fortune. however.poli_law] [Ascheia_Yumul. However.comm_law] [Ces_Sicangco/Rowena_Romero.civ_law] [Hya_Rafael/Mac_Macapagal. [no implementing rules] NOTES (Agpalo) η No lawyer is obliged to act either as adviser or advocate for every person who may wish to become his client.secretariat] [Dionne_Sanchez.head] [Nayna_Malayang. or public unpopularity should not restrain a lawyer from the full discharge of his duty. This suspension was due to findings of misconduct. as he acquired his client’s property as payment for his legal services and as a consequence obtained an unreasonable high attorney’s fee. IBP rendered to suspend him due to his failure to pay member’s dues. save by the rules of law. And his client can take comfort in the thought that his lawyer will not abandon him when his services are needed most. IBP suspended Maquera but not for the same reason as that held in his Guam case.legal_ethics] [Lianne_Gervasio. η η [Lorybeth_Baldrias. entire devotion to the interest of the client. Maquera’s suspension in Guam does not automatically result in his suspension or disbarment in the Philippines. However. The client is entitled to the benefit of any and every remedy and defense that is authorized by law and he may expect his lawyer to assert every remedy or defense authorized by law in support of his client’s cause. the permanent disqualification grounded on public policy differs from the first three cases under art. agents.tax_law] .rem_law] [Paul_Sorino/Judy_Ripol. judicial disfavor. Rather. 1491 (guardians. whose transactions it has been opined may be “ratified” by means and in the form of a “new contract. A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him. The SC held that Maquera’s acts in Guam violate standards of ethical behavior for lawyers and thus constitute grounds for his suspension in the Philippines.  In re: Suspension from the Practice of Law (2004) F: Atty. instead. In this regard. He has the right to decline employment (subject to Canon 14 of the CPR).deputy] [Rhudz_Raymundo.labor_law] [Miguel_DeJesus. his subsequent exercise of said right. Maquera was suspended from the practice of law in Guam where he had also been admitted as attorney. warm zeal and maintenance and defense of his client’s right. because he had not been given an opportunity to be heard on the matter in the Philippines he could not be penalized therefore. Due process demands that he be given the opportunity to defend himself and to present testimonial and documentary evidence on the matter. the exertion of his utmost learning and ability to the end that nothing be taken or withheld from his client.acads] [Jam_Jacob. and his act of selling the redeemed property for huge profits were tainted with deceit and bad faith when it concluded that Maquera charged client an exorbitant fee for his legal services.design] Bobbie_StaMaria. H: The Superior Court of Guam found that Maquera’s acquisition of his client’s right of redemption as payment for legal fees.printing] [Miles_Malaya.” in which case its validity may be determined only by the circumstances at the time of the execution of a new contract. Such acts are violative of a lawyer’s sworn duty to act with fidelity toward his clients. and administrators). the lawyer owes fidelity to such cause and he must always be mindful of the trust and confidence reposed in him.

then Alisbo’s would have had enough time to hire another lawyer and they would not have lost their case through prescription of the action.labor_law] [Miguel_DeJesus. he made it wholly defective and ineffectual to stop the running of the prescriptive period. in behalf of one client. The motion was filed by Atty.printing] [Miles_Malaya. Later. a lawyer represents conflicting interests when. Tugade from the practice of law for one year. Atty. Within the meaning of this canon.rem_law] [Paul_Sorino/Judy_Ripol. Respondent’s act of executing an affidavit as exhibit for the adverse parties advancing facts which are prejudicial to the case of his former clients such as the fact that the crime charged in complainant’s affidavit had prescribed and that he was asked to prepare an affidavit to make the offense more grave so as to prevent the offense from prescribing demonstrates clearly an act of offensive personality against complainants in violation of paragraph (f) of Section 20. (e). Rule 138. H: As a dutiful lawyer. Section 20. He postponed filing the action by asking the Court to instead resolve pending incidents in said civil case. Jalandoon filed a first complaint on behalf of Alisbo which was found to be defective as the lone petitioner. It is unprofessional to represent conflicting interests. respondent’s failure to answer the complaint and his failure to appear for investigation re evidence of his flouting resistance to lawful orders of the court and illustrate his despiciency for his oath of office. After the discharge.acads] [Jam_Jacob. Gaminda. Rule 138. Jalandoon used his position as Alisbo’s counsel precisely to favor his other client Carlito Sales. Soriano and Leonido filed a motion for reinvestigation and attached thereto the first affidavit of Mrs. Alisbo availed of Atty. Tugade was the lawyer of the Leonido’s brother. except by express consent of all concerned given after a full disclosure of the facts. a former classmate of Atty. Mrs. Sales who had secured a judgment in their favor against Alisbo. The SC suspended Atty. Tugade (1991) F: Complainants procured the services of Atty. thus enabling them to use it as evidence against the complainants constitutes betrayal of trust and confidence of his former clients in violation of par. 1970. He thus violated Paragraph 1 and 2. Jalandoon had acted as counsel for the Sps. No.secretariat] [Dionne_Sanchez. H: Respondent’s act of furnishing the adverse parties with a copy of their discarded affidavit. Jalandoon’s amended complaint which was filed in the name of Alisbo and other petitioners was dismissed for having been filed beyond the reglementary period for revival of judgment. Tugade. respondent’s act of joining the adverse parties in celebrating their victory over the dismissal of the case against them constitutes a degrading act on the part of the lawyer. Tugado in a case concerning the unauthorized entry of Soriano and Leonido into their dwelling. complainants found out that the name of Leonido was not even included in the charge. 6 of the Canons of Professional Ethics which provides that “It is a duty of a lawyer at the time of the retainer to disclose to the client a) all the circumstances of his relations to the parties. Ngayan signed the affidavit without reading it because Atty. he sat on the [Lorybeth_Baldrias. as Sales’ counsel. Additionally. which could be explained by the fact that respondent is the former classmate of the adverse party’s counsel and that respondent is the lawyer of the brother of Leonido in an insurance company. (1991) F: In an action to recover share in estate of a deceased relative.head] [Nayna_Malayang.crim_law] [Vivian_Tan/Justin_Mendoza. Complainants also discovered that Atty. We tend to believe complainants’ claim that Atty. 75  Vda de Alisbo v. Tugade himself executed and submitted an affidavit in favor of the adverse parties. it is his duty to contend for that which duty to another client requires him to oppose. Alisbo was insane and without legal capacity to sue. which might influence the client in the selection of the counsel. Jalandoon Sr. Ngayan v.civ_law] [Hya_Rafael/Mac_Macapagal.legal_ethics] [Lianne_Gervasio. He also sent a personal letter to the fiscal denouncing complainants and stating that he is filing criminal and civil cases against them.lectures] [Japee_DeLeon. b) and any interest in or connection with the controversy. By dropping the other plaintiffs. Ngayan. he should have declined the employment offered by Alisbo on the ground of conflict of interest. by delaying Alisbo’s action to revive the judgment n his favor and thereby deprive him of the fruits of his judgment which Atty. After filing the complaint. Rules of Court. Jalandoon. Atty. had vigorously opposed. Likewise. The original complaint which he filed in the names of Ramon Alisbo and his brothers was only partially defective because of Ramon’s incompetence. he delayed its filing until Sept 12. Thus.tax_law] . The omission was remedied by their new counsel and a case was subsequently filed in court. When the motion for reinvestigation was set for hearing before the city fiscal. Atty.” Atty. Tugade was later discharged by complainants after they noticed the omission.design] Bobbie_StaMaria. Tugade rushed. Rules of Court. Tugade drafted an affidavit which omitted the fact that Leonido was one of the persons who barged into their dwelling.comm_law] [Ces_Sicangco/Rowena_Romero.deputy] [Rhudz_Raymundo. Had he done that soon enough.poli_law] [Ascheia_Yumul. although he prepared the complaint for revival of judgment. Tugade was partial to the adverse parties as he even tried to dissuade complainants from filing charges against Leonido. Jalandoon’s services.

Ratio why much is demanded of a lawyer: “Public interest requires that an attorney exert his best efforts and ability in the prosecution or defense of his client’s cause. Despite this void. But four days prior to the hearing. which orders them to vacate their apartment. Such grave neglect of duty is deserving of sever condemnation. Unable to avail of another lawyer’s services and to secure a restraining order. Potenciano’s services for their petition to annul a judgment CANON 18 COMPETENCE AND DILIGENCE [Lorybeth_Baldrias. he also serves the ends of justice. Potenciano withdrew his appearance as counsel. were to be used in the litigation. a duty even more exacting when one is counsel de oficio. in his textbook.design] Bobbie_StaMaria. Potenciano assured them that he could secure for them a restraining order as the judge was his katsukaran (close friend). the judge asked respondent to withdraw his appearance as counsel because of their friendship. the petitioners were forced to vacate the property.comm_law] [Ces_Sicangco/Rowena_Romero.poli_law] [Ascheia_Yumul. Respondent solicited various sums from the petitioners which. the least that could be expected of a counsel de oficio is awareness of the period within which he was required to file appellant’s brief. Contrary to this. the record is quite clear that 4 days prior to the hearing of the preliminary injunction. That circumstance explains the public concern for the maintenance of an untarnished standard of conduct by every attorney towards his client.” [the case cites Agpalo and. Atty. SEVERLY REPRIMANDED  Cantiller v. 1971 only.head] [Nayna_Malayang. who had been sentenced to death for the crime of rape with homicide. He who fails in his obligation then has manifested a diminished capacity to be enrolled in its ranks. Ingco (1971) F: Respondent Alfredo Barrios. which call for the exercise of the Court’s disciplinary power. He did not even ask complainant to hire another lawyer in his stead. respondent failed to find a replacement. care. While he allegedly found out about Alisbo’s insanity on July 17.rem_law] [Paul_Sorino/Judy_Ripol.printing] [Miles_Malaya.tax_law] . A lawyer who performs that duty with diligence and candor not only protects the interest of his client. Agpalo points out the fact that the case cited him] 76  Ppl v.legal_ethics] [Lianne_Gervasio. It is clearly unworthy of membership in the Bar which requires dedication and zeal in the defense of his client’s rights. H: Considering that the accused was fighting for his life. There is more than simple negligence.acads] [Jam_Jacob. What is worse is that by sheer inattention.lectures] [Japee_DeLeon. he would confuse the proceedings in a matter pending in the CA with this present case. The SC indefinitely suspended Potenciano from the practice of law. By that time. the prescriptive period had run out. allegedly.deputy] [Rhudz_Raymundo. the honor and respect to which the legal profession is entitled demand the strictest accountability of one called upon to defend an impoverished litigant.case. whereby reason of his gross negligence complainant thereby suffered by losing all her cases. His actuation is definitely inconsistent with his duty to protect with utmost dedication the interest of his client and of the fidelity. Jalandoon betrayed his client Ramon Alisbo’s trust and did not champion his cause with that whole-hearted fidelity. Assuming that respondent had no previous knowledge that he would be asked to withdraw. He explained that he was busy with another case pending in the CA and that he was misled into assuming that he had taken the necessary steps to file a motion for extension of time for the submission of his brief by receipt of the resolution from the CA granting him such extension. or almost five months later. 1971 only. H: The failure to exercise due diligence or the abandonment of a client's cause makes such lawyer unworthy of the trust which the client had reposed on him. On such an occasion. Atty. respondent already filed a motion therein withdrawing as complainant's counsel interposing as reason therefore his frequent attacks of pain due to hemorrhoids. trust and confidence which he owes his client. There is a hint of duplicity and lack of candor in his dealings with his client. The mere fact that according to him his practice was extensive requiring his appearance in courts in Mla and other provinces should not have lessened that degree of care necessary for the fulfillment of his responsibility. he amended the complaint to implead Alisbo’s legal guardian as plaintiff on Dec 8. filed fifteen days late a motion for the extension of the time for submitting the brief for appellant Ingco.secretariat] [Dionne_Sanchez. Potenciano (1968) F: Petitioners availed of Atty. to the bar and to the public.crim_law] [Vivian_Tan/Justin_Mendoza.civ_law] [Hya_Rafael/Mac_Macapagal.labor_law] [Miguel_DeJesus. and devotion that a lawyer is obligated to give to every case that he accepts from a client. This is so because the entrusted privilege to practice law carries with it the correlative duties not only to the client but also to the court. does honor to the bar and helps maintain the respect of the community to the legal profession. More so in this case. counsel of Gaudencio Ingco.

and his negligence in connection therewith shall render him liable. NOTES (Agpalo) Duty to serve with competence and diligence η Lawyer impliedly represents that: he possesses requisite degree of learning. he will take such steps as will adequately safeguards his client’s interest.labor_law] [Miguel_DeJesus.head] [Nayna_Malayang. ability which is necessary to the practice of his profession and which other similarly situated possess. A lawyer shall serve his client with competence and diligence.04. NOTES (Agpalo) η Lawyer should safeguard his client’s rights and interests by thorough study and preparation.secretariat] [Dionne_Sanchez. he can obtain as collaborating counsel a lawyer who is competent on the matter. A lawyer shall not handle any legal matter without adequate preparation. Rule 18. η RULE 18.or a lawyer’s duty to his client or from a blind and overzealous performance. A lawyer shall not handle any legal matter without adequate preparation. regardless of the nature of the assignment.tax_law] . NOTES (Aguirre) η However well meaning he may be.lectures] [Japee_DeLeon. A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. RULE 18. A lawyer shall not neglect a legal matter entrusted to him. Rule 18.rem_law] [Paul_Sorino/Judy_Ripol. However he may render such service if.acads] [Jam_Jacob. He may render such service if his client consents. Ethical delinquency or impropriety arises invariably either from a lack of appreciation η [Lorybeth_Baldrias. Duty to safeguard client’s interest η This commences from his retainer until his effective release from the case or the final disposition of the whole subject matter of the litigation. A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. skill.comm_law] [Ces_Sicangco/Rowena_Romero.legal_ethics] [Lianne_Gervasio.poli_law] [Ascheia_Yumul.02 ADEQUATE PREPARATION  Rule 18.03. Failure of the client to pay does not warrant abandonment. he can obtain a collaborating counsel who is competent on the matter. Rule 18. he will exert his best judgment in the prosecution or defense of the litigation entrusted to him. Rule 18.printing] [Miles_Malaya. he can obtain as collaborating counsel a lawyer who is competent on the matter.deputy] [Rhudz_Raymundo. a lawyer cannot ask another lawyer to collaborate with him in a particular case without the consent of the client.01. he will exercise reasonable and ordinary care and diligence in the use of his skill and in the application of his knowledge to his client’s cause. mastering applicable law and facts involved in a case. with the consent of his client. A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable period of time to the client’s request for information. Inadequate preparation for instance may mislead the court to look at η η η Even if the lawyer is counsel de oficio this does not diminish or alter the degree of professional responsibility. The fiduciary nature of attorney-client relationship prohibits this. with the consent of his client.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza. A client may reasonably expect that counsel will make good his representations. A lawyer should not accept an undertaking in specific area of law which he knows or should know he is not qualified to enter.01.  Canon 18. 77 (Agpalo) η Some cases involve specialised fields of law and require special training. However he may render such service if.01 CLIENT CONSENT WITH COLLABORATING COUNSEL  Rule 18. and keeping constantly abreast of the latest jurisprudence and developments in all branches of the law inadequate preparation spawns adverse effects that go far beyond the personal interest of the client.02.02.design] Bobbie_StaMaria.

deputy] [Rhudz_Raymundo. to attend the scheduled pre-trial conference. to notify his client of the date of the date of hearing. Note that a complaint for damages: should allege and state the specific amounts claimed in the body of complaint and the prayer η η RULE 18. An adverse party may be used as witness. But not within the meaning of the rule permitting a lawyer to interview the witness of the opposing party even without the consent of the opposing counsel. assertiveness in espousing his client’s cause or even good faith and honest intention. to ascertain the correct date of receipt of decision. to pay docket fee on appeal. A lawyer shall not neglect a legal matter entrusted to him.crim_law] [Vivian_Tan/Justin_Mendoza. nor omit relevant documents which bear on the merit or lack of merit of his petition The following may not excuse a lawyer from complying with preparation of pleadings: time pressure. η A lawyer who accepts a legal matter from his client is understood that he will take all procedural steps necessary to prosecute the client’s claim or to defend the client’s rights in the action η η Interviewing witnesses η A lawyer may interview a witness in advance of trial to guide him in the management of the litigation Witness however must be warned when asked on cross-examination as to whether counsel has conferred with him.secretariat] [Dionne_Sanchez. to be truthful and frank to admitting it. to take steps to have the adverse decision reconsidered or appealed. diligence.the case in an uneven light.lectures] [Japee_DeLeon. How a lawyer should prepare his pleading: thoroughly discuss the issued raised. inexperience of counsel. REASON: lawyer is forbidden from communicating upon the subject of controversy with the opposite party.tax_law] . and reflect his conduct and attitude.legal_ethics] [Lianne_Gervasio.poli_law] [Ascheia_Yumul. Ordinary diligence required η The standard of diligence required of a lawyer is that of a good father of a family. to acquaint himself with what has happened to the litigation.printing] [Miles_Malaya. however lawyer shall have deep satisfaction of having lost a case but won the esteem and respect of his client and the approbation of the court in the manner he espoused his client’s cause with skill. except with the latter’s counsel.acads] [Jam_Jacob.rem_law] [Paul_Sorino/Judy_Ripol. to claim judicial notice sent to him by mail or to file the appellant’s brief If lawyer cannot appear at the scheduled hearing.civ_law] [Hya_Rafael/Mac_Macapagal. η Thorough study and preparation will not ensure winning the litigation. η A lawyer may properly obtain statements from witnesses whose names were furnished by the opposing counsel or interview the employees of the opposing party even though they are under subpoena to appear as witnesses for the opposite side. articulate ideas. he should either request another lawyer to appear for him and see to it that η [Lorybeth_Baldrias. Thus.labor_law] [Miguel_DeJesus. ability and candor. He should avoid any suggestion calculated to induce witness to suppress or deviate from the truth Lawyer may also interview a “prospective witness for the opposing side in any civil or criminal action without the consent of the opposing counsel or party. Careless preparation may cast doubt upon lawyer’s intellectual honesty and capacity. to inform the client of an adverse judgment within the reglementary period to appeal.head] [Nayna_Malayang. lawyers must exercise utmost care in the preparation of pleadings. not suppress or distort material and vital facts.comm_law] [Ces_Sicangco/Rowena_Romero. It is the lawyer’s duty to obtain witness’s retraction if he committed perjury 78 η Preparation of Pleadings η Pleadings show the extent of study and preparation. and his negligence in connection therewith shall render him liable.03 NOT TO NEGLECT LEGAL MATTERS  Rule 18.design] Bobbie_StaMaria. refrain from using abrasive and offensive language. a cheap subterfuge employed by some lawyers to entrap a witness in to falsehood. to answer a complaint within the reglementary period.03. mirror the personality of the lawyer. He is not bound to exercise extraordinary diligence η η η η There is want of required diligence when a lawyer fails without sufficient justification to bring an action immediately.

mode or manner by which interest is defended of why certain steps are taken or omitted. When client refuses.crim_law] [Vivian_Tan/Justin_Mendoza. or nowhere to be found.rem_law] [Paul_Sorino/Judy_Ripol. it does not discharge lawyer from the responsibility of seeing that the record on appeal and the evidence are elevated to the appellate court He may not sit idly by and wait until the clerk of court does his duty. Note that if a client dies. He should always inquire with the clerk of court. the lawyer should inform court within 30 days. that his clerk failed to call his attention to it. and request for the substitution of the decedent in the event that the claim survives death η η η Requiring clerk or court to do his duty η If the clerk of court is negligent. when client should be present at the hearing of his case η The client should also not sit idly by.secretariat] [Dionne_Sanchez. he should secure a written authority to compromise action and submit the case to arbitration A lawyer should not assume that motion for extension will be granted. brief or memorandum. What to do in case of conflict in trial dates η He should lose no time in asking for postponement of the case or cases set later.head] [Nayna_Malayang.design] Bobbie_StaMaria. η The effect of failure to notify the court of a change in address is that a notice served at the attorney’s original address is binding upon the client who will suffer the consequences. If a lawyer failed to present motion for extension of time to file a pleading. He is bound to contact his counsel from time to time in order that he may be informed of the progress of his case. he should file the same accompanied with a motion for leave to admit it. after full disclosure.labor_law] [Miguel_DeJesus.printing] [Miles_Malaya. and within the reglementary period. If client cannot appear. These include: withdrawal of appeal and all adverse consequences.acads] [Jam_Jacob.he does so or ask for its postponement (without assuming that postponement will be granted) η η A lawyer who enters in midstream has duty to inquire status of the case A lawyer should see to it that his client attend the pre-trial conference. Adoption of system to insure receipt of mails η A lawyer should maintain a system that will insure his prompt receipt of notices and communications sent to him by registered mail at his address of record [Lorybeth_Baldrias. as he should not give undue preference as against the other EXCEPT in favor of that case wherein the court has served warning. the demands of his work required him to be in different places.deputy] [Rhudz_Raymundo.lectures] [Japee_DeLeon.tax_law] . he assumes the risk and cannot complain of the consequences if postponement is denied and finds himself without an attorney to represent him at the trial η Duty to keep client fully informed η A lawyer must advise his client promptly whenever he has any information to give which it is important that the client receive. which will render performance of lawyer’s duties difficult or impossible. he should ask that he be discharged or apply or to the court to be released. in view of the previous repeated postponements of trial η The most ethical thing to do: inform the prospective client of all the facts so that the latter may retain another lawyer.comm_law] [Ces_Sicangco/Rowena_Romero.legal_ethics] [Lianne_Gervasio.poli_law] [Ascheia_Yumul. motion. changed his address without notice to the court η η Notice of change of address η A lawyer must make of record his correct address in the case in which he appears for a suit or and to inform the court in writing of his change of address. Otherwise he will not be entitled to be served with judicial notice if address not on record. If client still retains that lawyer. A lawyer who cannot continue representation should ask his client to be allowed to withdraw so that another counsel may be retained. Pressure and large volume of legal work provide no excuse for the inability to exercise due diligence 79 η The following will not prevent service of registered mail from being effective after 5 days of notice by postmaster: lawyer could not afford to hire a regular clerk to claim mail. stating therein the reasons for the delay. he shall call the attention of the court to that fact or to file the necessary motion to set the case for pre-trial or trial so that the administration of justice will not suffer any delay η While clerk of court may not do his duty.civ_law] [Hya_Rafael/Mac_Macapagal.

’s pro-poor and pro-justice advocacy. and paid him a total of P56K.comm_law] [Ces_Sicangco/Rowena_Romero. advise him of his constitutional rights. and for the purpose of obtaining a more satisfactory remedy. It would be to the client’s advantage in view of the evidence of guilt and in view of the prosecution’s offer or willingess to charge him with a lesser offense if the accused will enter a plea of guilty.lectures] [Japee_DeLeon. it was understood that he agreed to take up the latter’s case and that an attorney-client relationship between them was established. In defense.printing] [Miles_Malaya. thoroughly explain to him the import of a guilty plea and the inevitable conviction that will follow. From then on. Obviously.rem_law] [Paul_Sorino/Judy_Ripol. She handed him all pertinent documents. the attorney’s fees must be reasonable. irrespective of his personal opinion as to the guilt of his client (In a criminal case.crim_law] [Vivian_Tan/Justin_Mendoza.secretariat] [Dionne_Sanchez. η professional writrunners and pleaders: lawyers who handle large volume of cases for less than spectacular fees by advising. He should also not attribute to another person the crime with which his client is charged unless it can be inferred that another may have committed it. liberty or property but by due process of law legally applied.  Dalisay v.000 from Dalisay. care and devotion. he covenants Duty of defense counsel when accused intends to plead guilty η When a client desires to enter a guilty plea. P56K is exorbitant. nor abandon him or withdraw from the case even if he is convinced of his client’s guilt. to plead guilty.civ_law] [Hya_Rafael/Mac_Macapagal.labor_law] [Miguel_DeJesus.design] Bobbie_StaMaria. however. The dilemma: if he were to advise his client to enter a plea.legal_ethics] [Lianne_Gervasio. irrespective of their guilt or innocence η guilt plea system puts the most reputable lawyer into a trying situation. influencing. η He ought not to be excused from his responsibility for any trivial reason. Solution: none really. it was expected of him to serve Dalisay with competence and attend to her case with fidelity. H: When Mauricio accepted PhP56. He did not even follow-up the case which remained pending up to the time she terminated his services. He cannot likewise employ improper or dishonorable means to secure acquittal of an accused known to him to be guilty. Mauricio never rendered any legal service regarding the civil case. Dalisay then terminated their attorney-client relationship and demanded the return of the amounts and documents.tax_law] . Remember that he can decline in a civil suit if suit is intended to harass or injure another) η He should present by all fair and honorable means. If he were to counsel him to plead guilty. see to it that prescribed procedure is strictly followed and disclosed in the court records. When a lawyer takes a client’s cause. charging P56K is improper. cajoling or even coercing clients [Lorybeth_Baldrias. a lawyer should not put on a witness stand whom he knows will give a false testimony. Notwithstanding her payments. Mauricio refused.deputy] [Rhudz_Raymundo.poli_law] [Ascheia_Yumul. and engaged his services for a civil case where she is the defendant. These problems just underscore the need for a defense counsel to be conscientious and diligent in the discharge of his duties to an accused who desires to enter a guilty plea as the best insurance for a clear conscience 80 η η η What is required of counsel de oficio η Expected to render effective service and to exert his best efforts on behalf of an indigent accused.Standard of duty required of defense counsel η A defense lawyer is required to render effective legal assistance to the accused. There was also no evidence nor any pleadings submitted to show that Mauricio filed any case considering that the filing fee had to be paid simultaneously with the filing of a case. Mauricio (2005) F: Valeriana Dalisay was impressed with Atty. The SC required Mauricio to refund the P56K and suspended him for 6 months. confer with the accused and obtain from him his account of what had happened. through misrepresentation of a case pending in one sala to another without the consent of the judge. Melanio “Batas” Mauricio Jr. A lawyer may not cause the transfer. While giving legal advice and opinion on Dalisay’s problems and those of her family constitutes legal services. his counsel must fully acquaint himself with the records and surrounding circumstances of the case. every defense and mitigating circumstance that the law permits to the end that his client may not be deprived of life. he may be confronted with the problem of division of responsibility as to the correctness of the step taken.head] [Nayna_Malayang. he may be less than true to his duty of extending the best legal assistance.acads] [Jam_Jacob. It is clear that Mauricio did not take any step to assist Dalisay in her case.

 Marivelles v.04 INFORM CLIENT OF STATUS OF CASE [Lorybeth_Baldrias. Ibadlit alleges that he told Reontoy’s brother to inform her that they had lost the case and that appeal was futile. The RTC reversed the MTC decision and the Endayas were ordered to vacate the land and pay their debts in arrears. the case was dismissed because the MTC held that the plaintiffs in that case were not real-parties-in-interest. Ibadlit did not file an appeal. In not filing tha appeal memorandum. Endaya received the decision and confronted Oca who denied having received the decision.lectures] [Japee_DeLeon. The SC. which he lost in the RTC of Davao.labor_law] [Miguel_DeJesus. granted Mariveles appeal. Atty.03. failed to file an answer within the period and Legarda was thus declared in default.  Endaya v.03 particularly. he owes it to the client to see the case to the end. the parties were required to submit memoranda. the decision became final. The SC suspended Atty. especially in being the counsel only for one incident. Coronel failed to pose an appeal within the period. Oca was untruthful and effectively betrayed the trust placed in him by the client. and not refuse to file altogether. He failed to submit affidavits and position papers required by the MTC.tax_law] . Notwithstanding his belief that without the supporting documents a pleading would be futile. Coronel. “It should be remembered that the moment the lawyer takes a client’s cause. Mallari (1993) Atty. By neglecting to file the answer to the complaint against petitioner.” RULE 18. Atty. with permission of the court. Thus. he should have formally and promptly manifested his intent not to file the pleadings to prevent delay. Also. H: Coronel is guilty of gross negligence for violating Canon 18 and rule 18. the lawyer is expected to do his best for the interest of his client. the aforesaid rule [regarding dismissal of appeals] must not be rigidly applied to avoid a miscarriage of justice.acads] [Jam_Jacob. her counsel. a lawyer continues to be counsel until the lawyerclient relationship is terminated either by the act of his client or his own act. The SC suspended OCS for 2 months. H: Oca’s transgressions show his seeming stubborn mindset against the acts required of him by the courts. Despite numerous extension (totaling 245 days) granted by the CA.head] [Nayna_Malayang. Hence the decision became final. H: A lawyer has no authority to waive his client’s right to appeal and constitutes a negligence and malpractice as proscribed in 18. CA (1992) F: Legarda was defendant in a complaint for specific performance. Once a lawyer takes the case. Oca again failed to submit the documents.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.secretariat] [Dionne_Sanchez. Ibadlit (1998) F: Atty. He should have left it to the sound judgment of the court to determine whether affidavits support his clients. especially where the appellant raises issues which place in serious doubt the correctness of the trial court’s judgment of conviction. he covenants that he will exert all effort for its prosecution until its final conclusion. Mallari represented Mariveles in a BP 22 case. Though he asked to be relieved. Until such time. however.Wilfredo Oca of the Public Attorney’s Office was assigned to handle their case. Oca (2003) F: The spouses Endaya were sued for unlawful detainer.legal_ethics] [Lianne_Gervasio. Confident that the brother had conveyed the message and having failed to receive any advise from Reontoy. On appeal to the RTC.printing] [Miles_Malaya. Oca’s explanations have undertones of dishonesty.that he will exercise due diligence in protecting the client’s rights.rem_law] [Paul_Sorino/Judy_Ripol. admitting the brief filed by new counsel stating: “Where the negligence of counsel is so great that the rights of the accused are prejudiced and he is prevented from presenting his defense. Oca denied the Endaya the chance of putting up a fair fight in dispute. Ibadlit was the lawyer of Reontoy. he tried to evade responsibility for his negligence when Endaya confronted him upon receipt of the adverse decision.poli_law] [Ascheia_Yumul. this could not mean that less was expected of him. Mallari failed to appeal. Atty. which was denied for having been filed beyond the reglementary period. This later proved to be false.  Rentoy v. Fortunately for the spouses. This intransigent attitude not only belies lack of diligence and commitment but evinces absence of respect for the authority of the SC and other courts involved.deputy] [Rhudz_Raymundo. He was later informed that she wanted to appeal thus he filed a notice of appeal.design] Bobbie_StaMaria. A lawyer who fails to exercise due diligence or abandons his client’s cause makes him unworthy of the trust reposed on him by the latter. Also.” 81  Legarda v.comm_law] [Ces_Sicangco/Rowena_Romero. The lower court rendered a decision against Legarda. Coronel for six months. he set off the events which resulted in the deprivation of petitioner’s rights over her house and lot. Atty. RTC decided the case against his client.

secretariat] [Dionne_Sanchez. nor consent to the doing of any in court. To the legal profession: he is not to engage in conduct that adversely reflects on his fitness to practice law nor to behave in a scandalous manner to the discredit of the legal profession.04. immoral or deceitful conduct. Rule 19. Abay contended that dismissal was due to counsel’s failure to pass appellant’s brief. the SC dismissed the case against Atty.04 of the Code of Professional Responsibility.03 and 18.legal_ethics] [Lianne_Gervasio. In defense. Respondent failed to exercise due diligence towards the cause of his client. In CA. looked up to as a model citizen. respondent should have forthwith terminated their professional relationship instead of keeping them hanging indefinitely. he volunteers his professional services. A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present.acads] [Jam_Jacob.civ_law] [Hya_Rafael/Mac_Macapagal.01.printing] [Miles_Malaya. Rule 18. be par excellence.comm_law] [Ces_Sicangco/Rowena_Romero. The Court cited Rule 18. Also. To the courts: not to do any falsehood. A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable period of time to the client’s request for information. Rule 19. dishonest. While his zeal in the task of advocacy is commendable and his persistence in the discharge of his responsibility is understandable. it should not amount to η η [Lorybeth_Baldrias. he should have not abandoned the appeal without the client’s consent.design] Bobbie_StaMaria. Rule 19.deputy] [Rhudz_Raymundo. Montesino failed to file an appellant’s brief so appeal was dismissed. The lawyer’s obligation to represent his client with zeal and devotion must always be within the bounds of the law. Montesino asserted he felt that the case they filed was wrong as the property no longer belonged to the heirs of Galo and that they should recover said property from another person. and failing which he shall terminate the relationship with such client in accordance with the Rules of Court. Even if he sincerely thinks it’s for the client’s best interest.crim_law] [Vivian_Tan/Justin_Mendoza. Arcangel who after volunteering to help petitioners Blanza and Pasion claim pension (in connection with the deaths their PC husbands) failed to inform them of the progress of their case because they had not paid him for photostating expenses he had incurred. and hope.head] [Nayna_Malayang. He should have just withdrawn his appearance and allowed the NIT to hire another lawyer.poli_law] [Ascheia_Yumul. His conduct must. Montesino (2003) F: National Institute of Technology. participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding. The client is entitled to the benefit of any and every remedy and defense that is authorized by the law of the land and he may expect his lawyer to assert every such remedy or defense. It was unnecessary to have complainants wait. his failure to file the brief despite numerous extensions violates Rule 12.rem_law] [Paul_Sorino/Judy_Ripol.02 A lawyer who has received information that his client has. H: “A lawyer has a dynamic and positive role in the community than merely complying with the minimal technicalities of the stature. he is necessarily a leader of the community.lectures] [Japee_DeLeon. in the course of the representation. Not filing the brief was prejudicial because it resulted in the dismissal of the appeal. NOTES (Agpalo) η To society: he owes the duty not to engage in unlawful. shall promptly call upon the client to rectify the same. Upon their refusal to co-operate.  Blanza v Arcangel (1967) F: Due to lack of evidence.tax_law] .03.labor_law] [Miguel_DeJesus. To the client: to impress upon him compliance with the laws and principles of fairness. A lawyer shall represent his client with zeal within the bounds of law. for six long years on their pension claims. perpetuated a fraud upon a person or tribunal.” 82 CANON 19 REPRESENTATION WITH ZEAL  Canon 19.  Abay v. As a man of law.03. A lawyer shall not allow his client to dictate the procedure in handling the case. His abandonment of that cause made him unworthy of the trust of the client. H: The failure of respondent to file the brief was a clear violation of his professional duty to his client. Montesino’s legal service in an action against the estate of Galo. Respondent here has not lived up to that ideal standard. especially so when. perforce. availed of Atty. where Abay is a stockholder. as in this case.

poli_law] [Ascheia_Yumul. participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding. the disclosure of which may defeat the action for annulment which outcome his client does not want.printing] [Miles_Malaya. he owes the duty to act with honesty and candor.comm_law] [Ces_Sicangco/Rowena_Romero. he should not offer in evidence any document which he knows is false. should plead it as a defense? The question involves conflicting goals and loyalties: To his client. make such defense only as he believes to be honestly debatable under the law. The question is whether he as counsel for the plaintiff should reveal the information to the court or whether he.crim_law] [Vivian_Tan/Justin_Mendoza. RULE 19. advance no fact prejudicial to the honor or reputation of a party or witness unless required by the justice of the cause with which he is charged. witness and suitor. Advocacy. NOTES (Agpalo) η Acceptance of a retainer in a civil suit implies that a lawyer honestly believes that his client has a good cause or defense which is ripe for judicial adjudication. permits the attorney to use any arguable construction of the law or rules which is favorable to his client. as attorney for the respondent. Agpalo’s answer: He should incline the scale of his decision in favor of that solution which will best serve all η η η η η [Lorybeth_Baldrias. he is not allowed to advance knowingly a claim or defense that is unwarranted under existing law. Duty to restrain the client from impropriety η A lawyer should use his best efforts to restrain and to prevent his client from doing those things which he himself ought not to do. To the court. it would give improper advantage to the older and better known lawyer whose opinion would carry more weight. Reasons: the lawyer’s personal belief has no real bearing on the case. within the bounds of law. 20(d).acads] [Jam_Jacob.tax_law] . the lawyers should terminate their relation. Rule: In espousing his client’s cause. Consider this situation: A lawyer possesses confidential information acquired from his client who is not in collusion with the other party.deputy] [Rhudz_Raymundo. But this duty should be carried out using only fair and honest means. by fabricating evidence. the circumstance that the state is vitally interested in the maintenance of the marriage relation does not necessarily render improper the lawyer’s appearance for a party in such proceeding and securing for him what is due him under the law.—It is the duty of an attorney: (d) To employ. It then becomes his duty to insist upon the judgment of the court as to the legal merits of his client’s claim or defense. omission to make such assertion might be taken as an admission of the lack or belief in the soundness of his client’s cause.01. abstain from all offensive personality. To society. and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law. he owes the duty to accord fealty to the public policy that considers marriage as a social institution in the maintenance of which the public is committed. Lawyer must also avoid any act which may invite or raise suspicion of collusion.head] [Nayna_Malayang.01 FAIR AND HONEST  Rule 19. which requires that he divulge the information. he owes the duty to secure lawfully for him what he desires-the annulment-and to keep inviolate the client’s confidence.labor_law] [Miguel_DeJesus. 83 Technical defense η In an annulment of marriage or legal separation proceeding.e. for the purpose of maintaining the causes confided to him. If such were permitted. judicial officer.design] Bobbie_StaMaria. not present any witnesses whom he knows will perjure.lectures] [Japee_DeLeon. particularly with reference to the conduct toward the court. both of which require him to keep silent about the damaging information.secretariat] [Dionne_Sanchez. A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present.rem_law] [Paul_Sorino/Judy_Ripol. Sec.obstinacy nor should it be carried beyond the limits of sobriety and decorum. if expression of belief were permitted. a lawyer should not state his personal belief as to the soundness or justice of his case.  Rule 138. η What is unethical is the lawyer’s participation (i. by suppressing evidence) in any collusion between the parties. Duties of attorneys. Thus. by encouraging the commission of a matrimonial offense. such means only as are consistent with truth and honor. η If the client persists in such wrongdoing.civ_law] [Hya_Rafael/Mac_Macapagal.legal_ethics] [Lianne_Gervasio.

sec.comm_law] [Ces_Sicangco/Rowena_Romero. η A lawyer should seek instruction from his client on any substantial matter concerning the litigation.legal_ethics] [Lianne_Gervasio. RULE 19.design] Bobbie_StaMaria.crim_law] [Vivian_Tan/Justin_Mendoza. On the other hand. compromise their client's litigation. A lawyer shall charge only fair and reasonable fees. But they cannot. 84 η Rule 19. whether to compromise the case. should inhibit him. Canon 41 of the Canons of Professional Ethics permits the lawyer to inform the person injured by the fraudulent acts of his client or the injured party’s counsel. Reasons: Lawyer’s duty to the court is foremost.03 warns the lawyer not to allow his client to dictate the procedure in handling the case. discharge of a client's claim but the full amount in cash.  Rule 138. or to appeal an unfavorable judgment. e. Rule 20. in the course of the representation. however.02 merely requires the lawyer to terminate his relationship with the client in the event the latter fails or refuses to rectify the fraud. it is the client who should yield to the lawyer and not the other way around. His duty to maintain undisclosed his client’s confidence.poli_law] [Ascheia_Yumul. The skill demanded. b.secretariat] [Dionne_Sanchez. The time spent and the extent of the services rendered or required. NOTES (Agpalo) η Canon 19. NOTES (Agpalo) η A lawyer is not a gun for hire.e. as it will violate his obligation to maintain his client’s secrets undisclosed. and failing which he shall terminate the relationship with such client in accordance with the Rules of Court.01. and in taking appeals. which requires decision on the part of the client (i.lectures] [Japee_DeLeon. without special authority. by declining the professional employment or terminating the professional relationship. d.) In procedural matters. The probability of losing other employment as a result of acceptance of the professed case. The novelty and difficulty of the questions involved.deputy] [Rhudz_Raymundo. perpetuated a fraud upon a person or tribunal. 23.labor_law] [Miguel_DeJesus. Authority of attorneys to bind clients. η While it is the lawyer’s duty to comply with the client’s lawful request. shall promptly call upon the client to rectify the same.printing] [Miles_Malaya. Canon 41 may collide with the lawyer’s duty to keep the client’s confidence inviolate which may be the reason for the revision. η η CANON 20 ATTORNEY’S FEES RULE 19.02 RECTIFY CLIENT’S FRAUD  Rule 19. c. or receive anything in  Canon 20.03.02 A lawyer who has received information that his client has. Rule: A lawyer may not volunteer the information concerning the client’s commission of fraud to anybody. which outlasts his professional employment.his loyalties. The dignity of the legal profession may be compromised.03 CONTROL PROCEEDINGS  Rule 19. A lawyer shall not allow his client to dictate the procedure in handling the case.—Attorneys have authority to bind their clients in any case by any agreement in relation thereto made in writing. [Lorybeth_Baldrias.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.tax_law] . A lawyer shall be guided by the following factors in determining his fees: a. η Rule: In matters of law.acads] [Jam_Jacob. and in all matters of ordinary judicial procedure. The importance of the subject matter. from volunteering such information to any interested party.head] [Nayna_Malayang. η An excuse that a lawyer is only following the client’s instruction cannot justify a lawyer’s violation of the rules and ethics of the legal profession. the client must yield to the lawyer. he should resist and should never follow any unlawful instruction of his client.

accept any fee.03.f. as the case may be. interest. j. and the professional standing of the attorney.  Rule 138. The provisions of this Section shall likewise apply to provincial governors and city and municipal mayors. The contingency or certainty of compensation.A member of the Provincial Board or City or Municipal Council shall not appear as counsel before any court in any civil case wherein the province. A lawyer shall not.printing] [Miles_Malaya.02. The amount involved in the controversy and the benefits resulting to the client from the service. 4) P500 in capital offenses. of which he is an elected official.legal_ethics] [Lianne_Gervasio. 24. be entitled to a division of fees in proportion to the work performed and responsibility assumed. rebate or forwarding allowances or other compensation whatsoever related to his professional employment from any one other than the client.head] [Nayna_Malayang. it shall not be less than P30 in any case. injustice or fraud. with the consent of the client. i. NOTES (Agpalo) A. city or municipality. Compensation for attorneys de oficio. That no member of the Provincial Board shall so appear except in behalf of his province in any civil case wherein any city in the province is the adverse party whose voters are en-franchised to vote for provincial officials. Right to Attorney’s Fees 85 Generally η That the practice of law is a profession and not a money-making trade does not operate to deny a lawyer the right to attorney’s fees for his professional services. A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition. as the case may be. costs. is the adverse party: Provided.—Subject to availability of funds as may be provided by law the court may. the primary purpose should be public service. The impression is that those instituting suits are mercenaries.tax_law] .comm_law] [Ces_Sicangco/Rowena_Romero. nor shall such member of the Provincial Board or City or Municipal Council appear as counsel for the accused in any criminal case wherein an officer or employee of said province. Rule 20. 32. nor shall he collect any fee for his appearance in any administrative proceedings before provincial. but may disregard such testimony and base its conclusion on its own professional knowledge.labor_law] [Miguel_DeJesus. city or municipality.acads] [Jam_Jacob.civ_law] [Hya_Rafael/Mac_Macapagal. A lawyer shall.rem_law] [Paul_Sorino/Judy_Ripol. with a view to the importance of the subject matter of the controversy. 6 (An act granting further autonomous powers to local governments) Prohibition Against Practice.secretariat] [Dionne_Sanchez. city or municipal agencies of the province. The customary charges for similar services and the schedule of fees of the IBP Charter to which he belongs. the extent of the services rendered. imposition or fraud.design] Bobbie_StaMaria.  RA 5185. city or municipality is accused of an offense committed in relation to the latter's office. A written contract for services shall control the amount to be paid therefor unless found by the court to be unconscionable or unreasonable. what a lawyer may collect as his fees is always subject to judicial control. 2) P100 in less grave felonies. Whenever such compensation is allowed. Compensation of attorneys. Being an officer of the court.—An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services.deputy] [Rhudz_Raymundo. η [Lorybeth_Baldrias.crim_law] [Vivian_Tan/Justin_Mendoza.  Rule 138. commission. except in cases where he has agreed to render service gratuitously or has been appointed counsel de oficio. whether occasional or established. h. g.04. . Lawyers should avoid controversies concerning compensation so far as shall be compatible with self-respect and with right to receive a reasonable recompense for services. in cases of referral. The character of the employment. in its discretion. order an attorney employed as counsel de oficio to be compensated in such sum as the court may fix in accordance with section 24 of this rule. without the full knowledge and consent of the client. 3) P200 in grave felonies other than capital offenses. and The professional standing of the lawyer. sec. sec. He has the right to have and recover from his client a fair and reasonable compensation for his services. η Compensation of lawyer should be a mere incident of the practice of law.poli_law] [Ascheia_Yumul.lectures] [Japee_DeLeon. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation. sec. Rule 20. however. Resort to law suits with clients should only be done to prevent injustice. Rule 20. nor more than the following amounts: 1) P50 in light felonies. reward.

an absence of express undertaking does not defeat recovery of fees. η Requisite for principle: that there is an acceptance of the benefits by one sought to [Lorybeth_Baldrias.deputy] [Rhudz_Raymundo.acads] [Jam_Jacob. investing nothing and assuming no risk. retention or acceptance of the benefit cures defect of lack of authority on part of agent to retain the lawyer on party’s behalf and creates oblig to pay lawyer. If legal representation redounded to his benefit. that attorney-client relationship exists. η Client’s obligation to pay attorney’s fees arises from the inanimate contract of facis ut des (I do and you give) which is based on the principle that no one shall unjustly enrich himself at the expense of another. that he rendered services to the client.tax_law] .labor_law] [Miguel_DeJesus. received benefits should not contribute their proportionate share to counsel fees (based on equity)..civ_law] [Hya_Rafael/Mac_Macapagal. η Exceptions rest on equitable principle that a person who accepts the benefits of the legal representation impliedly agrees to pay the lawyer’s service for he may not unjustly enrich himself at the expense of the lawyer. Quantum meruit Liability of persons benefited by counsel’s services η General rule: a person who had no knowledge of. (ironic if. the party who benefited may be required to pay counsel fees. η Other times when doctrine applicable: where amount stipulated in written agreement is found to be unconscionable or where client dismissed counsel before termination of case or where the lawyer withdrew therefrom for valid reasons. courts will fix amount on quantum meruit basis.secretariat] [Dionne_Sanchez. η η Written agreement η A written agreement is not necessary to establish a client’s oblig to pay attorney’s fees. be charged for the services rendered under circumstances as reasonably to notify him that the lawyer performing the task is expecting to be paid compensation. and 2. since the benefits secured by the legal representation cannot take the place of the law and will not η When no price is stipulated for lawyer’s service. Exception: employment of lawyer to represent government entity by an official who has no authority in law.design] Bobbie_StaMaria. The objection should be raised before and not after beneficial services shall have been rendered by the lawyer. With his capital consisting only of his brains and skill acquired at tremendous cost in money. or objected to. the lawyer’s representation may not be held liable for attorney’s fees even though such representation redounded to his benefit.crim_law] [Vivian_Tan/Justin_Mendoza.comm_law] [Ces_Sicangco/Rowena_Romero. provided that the case was such that the client might reasonably know that he would be expected to pay the service.Right to protection for counsel fees η Because the practice of law is not a business and attorney’s vital role in administration of justice there is the need to secure the lawyer his honorarium lawfully earned as a means to preserve the decorum and respectability of the legal profession.rem_law] [Paul_Sorino/Judy_Ripol. after putting the best in him to secure justice for his client. As long as the lawyer is honestly and in good faith trying to serve and represent the interest of his client. η That a person who employed lawyer as counsel for a party has not been duly authorized to do so does not necessarily exempt latter from liability to pay attorney’s fees.lectures] [Japee_DeLeon. acquiescence by a client in his attorney’s conduct may take the place of a request to act. η Duty of court not only to see that a lawyer acts in a proper and lawful manner but also to see that a lawyer is paid his just fees.printing] [Miles_Malaya.legal_ethics] [Lianne_Gervasio. he himself would not get his due) GENERALLY: right of lawyer to reasonable compensation for services requires the following: 1. otherwise. time and energy. Who is liable for attorney’s fees η General rule: only the client who engaged the services of counsel either personally or through an authorized agent is liable for attorney’s fees.poli_law] [Ascheia_Yumul. η Acts of recognition. or such amount which his service merit. 86 η Doctrine of quantum meruit is a device to prevent undue enrichment based on the equitable postulate that it is unjust for a person to retain benefit without paying for it. he is entitled to protection of any judicial tribunal against any attempt on the part of his client to escape payment of his just compensation.head] [Nayna_Malayang. For it is neither just that client who retained lawyer should alone pay nor is it fair that those who.

however. η To hold the estate ultimately liable for attorney’s fees requires that the person to whom the services were rendered was at the time the executor or administrator and the services were rendered to him in that capacity.legal_ethics] [Lianne_Gervasio.rem_law] [Paul_Sorino/Judy_Ripol. in a derivative suit.acads] [Jam_Jacob. distributees or heirs will contribute their share to the counsel fees as the obligs of the estate follow the assets wherever they are except in hands of a purchaser in good faith. if services are beneficial to the estate. if the lawyer is successful.lectures] [Japee_DeLeon. [Lorybeth_Baldrias. η But attorney’s fees of the counsel for a defendant in a receivership proceeding are personal obligs of defendant and may not be paid out of the funds in the hands of the receiver.comm_law] [Ces_Sicangco/Rowena_Romero. Rationale: executor’s duty is to enforce and not invalidate the will (will – desire.crim_law] [Vivian_Tan/Justin_Mendoza. and if the assets have been distributed. He may.labor_law] [Miguel_DeJesus. heirs must pay attorney’s fees. however.poli_law] [Ascheia_Yumul. Liability in estate proceedings η Executor or administrator who employs services of an attorney may not hold estate directly liable for his fees. But where benefits were given not because of lawyer’s services but because of company policy. seek reimbursement from the estate if he has already paid them or include them in his account with due notice to all parties interested. unless services rendered by lawyer have redounded to benefit of receivership or of plaintiff who asked for the appointment of the receiver. be properly charged against estate. lawyer is not entitled to claim attorney’s fees. estate will answer for the fees of lawyer whose services are beneficial to estate. η Attorney’s fees in labor cases may not be more than what the law provides and they may not be checked off from any amount due the employees without their written consent. any other stockholder may intervene and oppose the grant of such fees as a charge against funds of the corporation. Liability in labor cases η Lawyer who represented a union and its members and with whom he has a retained for payment of a fixed percentage of amounts recovered from the company is entitled to be paid not only by union members but by non-union members as well who derived benefits from his services. η Attorney’s fees of a lawyer employed by an executor to secure approval of a will may. Liability in receivership proceedings η Assets under receivership may be liable for fees of lawyer employed by a receiver to help him in the discharge of his duties.design] Bobbie_StaMaria. 87 η Ultimately. But as any stockholder may file a derivative suit on behalf of the corporation.head] [Nayna_Malayang. This obligation gives the assignee the right to intervene in fixing amount of fees which may be a proper charge against the judgment rendered in the action.civ_law] [Hya_Rafael/Mac_Macapagal. Liability of assignee η Since assignee of all interests pendente lite usually steps into shoes of assignor and acquires all of latter’s rights and obligations in the action. η The person who retained the lawyer and not the estate is the one liable for AF arising out of a litigation in the protection of a particular person or between beneficiaries or an executor or administrator and an heir except with respect to those services which were rendered for the benefit of the estate prior to the controversy provoked by the heir. η Where administrator is himself counsel for the heirs. subject to court approval. Liability in trusteeship or guardianship proceedings η Same rule for trusteeship and guardianship proceedings: trustee may be indemnified out of the trust estate for his expenses in rendering and proving his accounts and for the related counsel fees in the same way that property of the ward may lawfully answer for counsel fees of the lawyer employed by guardian.create an obligation on the part of the government entity to pay the private lawyer for his services. Both are.deputy] [Rhudz_Raymundo. Liability in derivative suits η Where. counsel fees may be properly charged against corporate funds. the professional services of counsel who instituted the action upon request of a stockholder are beneficial to the corporation. But the estate may not be liable for counsel fees for services rendered to annul a will at the request of the executor (executor liable).secretariat] [Dionne_Sanchez.printing] [Miles_Malaya. assignee may be held liable for counsel fees from out of the proceeds of favorable judgment.tax_law] .

even in absence of an express statutory prohibition. This principle. Restrictions on some lawyers to charge fees η Lawyer who is absolutely disqualified from engaging in private practice of law by reason of his government position may neither practice law nor. cannot charge government nor the indigent litigant for his professional services. Improper for an attorney to receive compensation for merely recommending another lawyer to his client because such practice would tend to germinate evils of commercialism and to destroy proper appreciation of professional responsibility. though payment is made 88 Executor or administrator is prohibited from charging the estate under his administration of his professional fees for services rendered by him as a lawyer. η Fees of lawyers separately employed by client will depend upon their respective fee arrangements with client.secretariat] [Dionne_Sanchez. Benefit of legal representation to estate: difference between what they would receive without a will and what they would have received under the will.design] Bobbie_StaMaria. η Lawyer who acted as counself for administrator to secure invalidation of will may have his fees charged against the estate if its disapproval would mean bigger share in the inheritance of the administrator as an heir and other heirs similary situated.deputy] [Rhudz_Raymundo. Exception: fees for services already performed before lawyer qualified for public Attorney’s conduct affecting his right to fees η Misconduct on part of lawyer may affect or negate his right to recover from client a reasonable compensation for services already performed.printing] [Miles_Malaya. (examples: negligence. in the absence of law allowing compensation.tax_law] . Appointment neither violates constitutional restriction against taking of property without just compensation or the due process of law nor imposes upon the government the oblig to pay him his fees because one of the obligs of an attorney willingly assumed when he took his oath as lawyer is to render free legal services whenever required by the court to do so. P100 in less grave felonies. Right of lawyer to share in the professional fees rests on services performed or on his being. share equally as they are special partners for a special purpose. Withdrawal of counsel from the case [Lorybeth_Baldrias. P500 in capital offenses. Basis: good morals and public policy η Adverse result of litigation does not in itself deprive a lawyer of right to claim a reasonable compensation unless it is due to lawyer’s misconduct or fee stipulated is contingent upon favorable outcome of action. charge attorney’s fees for such services. Honest mistake does not defeat right to fees. misrepresentation.rem_law] [Paul_Sorino/Judy_Ripol. If more than one lawyer employed. Who are entitled to or to share in attorney’s fees η Lawyer engaged by client is one entitled to have and recover no more than a reasonable compensation for his services. each of them will be entitled to no more than what his services actually performed are reasonably worth. also restricts right to or limits amount of attorney’s fees which a lawyer who occupies a fiduciary position may otherwise collect from his principal for his services as an advocate.comm_law] [Ces_Sicangco/Rowena_Romero. This is not intended as a source of regular income Non-lawyer not entitled to fees η Non-lawyer cannot recover attorney’s fees even if there is a law authorizing him to represent a litigant in court because basis of reasonable compensation is the existence of attorney-client relationship and the rendition of services. in its discretion.crim_law] [Vivian_Tan/Justin_Mendoza. η η η Rules of Court: Court. or if they have rendered services at one time or another.lectures] [Japee_DeLeon.acads] [Jam_Jacob. based on an agreement. unfaithfulness or abuse of client’s confidence). P200 in grave felonies other than capital offenses. Right of counsel de oficio to fees η Lawyer designated by court to render professional services. in the absence of agreement as to division of fees. Basis: One acting in a fiduciary capacity must no place himself in such a position as to make his interests antagonistic with those of his principal.poli_law] [Ascheia_Yumul. a partner of another or in a law firm.civ_law] [Hya_Rafael/Mac_Macapagal. η office even thereafter.command of owner of the estate as to how the inheritance shall be distributed). general rule: lawyers who jointly represent a common client for a give fee.head] [Nayna_Malayang. may grant (token) compensation subject to availability of funds: P30-P50 in light felonies.legal_ethics] [Lianne_Gervasio.labor_law] [Miguel_DeJesus. should he do so illegally. But if there is no such arrangement. carelessness.

But new client could not defeat right to fees in the absence of concealment and prejudice by reason of lawyer’s previous relationship with adverse party.rem_law] [Paul_Sorino/Judy_Ripol. lawyer may recover reasonable worth of his services up to date of withdrawal unless fee is contingent and contingency has not arisen. It is a breach of implied undertaking to prosecute or defend until termination of litigation. Whether it will affect right to fees or not will depend on existence or absence of a valid written contract for professional services and nature of that contract.legal_ethics] [Lianne_Gervasio.head] [Nayna_Malayang. in the absence of lawyer’s fault. η Lawyer’s acceptance of employment from new client against a former client in a matter related to former controversy precludes recovery of fees from the former client only if the latter objected to representation.lectures] [Japee_DeLeon.crim_law] [Vivian_Tan/Justin_Mendoza. it is presumed that they mutually agreed to terminate services and to compensate lawyer for services until termination. in the same way that client cannot. consent or waiver. Fee stipulated in valid written contract contingent: reasonable value of services rendered. settling or waiving his cause: full amount Lawyer should question discharge to entitle him to recover under the contract.comm_law] [Ces_Sicangco/Rowena_Romero. Discharge of lawyer for cause does not necessarily deprive lawyer of right to be paid for his services.acads] [Jam_Jacob.poli_law] [Ascheia_Yumul. by entering into a compromise agreement. reasonable worth of services [Lorybeth_Baldrias. deprive lawyer of his fees in the absence of waiver on lawyer’s part. Except: where dismissal comes after successful prosecution or defense: full amount 89 η η η Contract in writing and fee stipulated is absolute and reasonable: full amount. Client’s compromise of action η Lawyer cannot prevent client from settling case due to right to reasonable compensation.deputy] [Rhudz_Raymundo. he cannot. deprive the lawyer of his just fees already earned. in its absence. otherwise quantum meruit basis will be applied. dismiss or settle action or even waive the whole of his interest in favor of adverse party.secretariat] [Dionne_Sanchez. negates right to fees from both.labor_law] [Miguel_DeJesus. except: fee is contingent – no recovery In bad faith and intended to defraud lawyer of compensation: full amount stipulated in valid written contract or. Lawyer who is forced to resign.η Unceremonious withdrawal from or abandonment of action which prejudices client negates right to compensation for services rendered. In good faith and based on honest belief that client has no valid cause: reasonable worth of services. Express agreement as to fees not reduced to writing: reasonable value of services til date of dismissal. η No express written agreement as to fees: reasonable value of services til date of dismissal. Withdrawal of counsel who has done work faithfully does not affect his right to fees. With consent of lawyer: reasonable value based on quantum meruit In bad faith or in fraud of counsel: full amount stipulated in valid contract or. in its absence. Laywer should refund part of retainer as has not been clearly earned. Attorney’s discharge by client η Discharge of lawyer by his client without a valid cause before conclusion of litigation does not negate lawyer’s right to recover payment for services.tax_law] . with client’s conformity or in accordance with prescribed procedure. η Representation of adverse interests η Simultaneous representation of opposing parties. Client’s dismissal of action η Client may dismiss action even without consent of lawyer but he cannot deprive lawyer of his attorney’s fees for services rendered. If without client’s written consent but for a justifiable cause made after due notice to client. in the absence of a waiver.civ_law] [Hya_Rafael/Mac_Macapagal.printing] [Miles_Malaya. If contingency occurs or client prevents its occurrence by dismissing. Lawyer’s right unaffected by client’s conduct η Although a client has right to discharge lawyer anytime. If with client’s written consent. because of his own fault or misconduct loses right to fees earned. He may only be deprived if cause for dismissal constitutes in itself a sufficient legal obstacle to recovery. reasonable value of services based on quantum meruit η Lawyer’s consent to dismissal does not negate right to compensation unless such consent amounts to waiver of right. in the absence of client’s consent to the dual representation made after full disclosure of the facts.design] Bobbie_StaMaria.

The legal profession cannot remain a viable force in fulfilling its role in our society unless lawyers receive adequate compensation for his services. 3.printing] [Miles_Malaya. depending on lawyer-client arrangement. unless otherwise agreed upon.civ_law] [Hya_Rafael/Mac_Macapagal. Combinations of other stipulations 90 Concepts of Attorney’s Fees Ordinary: an attorney’s fee is the reasonable compensation paid to a lawyer for the legal services he has rendered to client. unless lawyer proves he acted with consent and acquiescence of both parties Kinds of Attorney’s Fee Stipulation General Retainer (retaining fee): Fee paid to a lawyer to secure his future services as general counsel for any ordinary legal problem that may arise in the routinary business of the client and referred to him for legal action.secretariat] [Dionne_Sanchez. Absolute Contingent Fixed Fee payable per appearance Fixed Fee computed by number of hours spent Fixed Fee based on piece work 1. 2.lectures] [Japee_DeLeon. 1. when stipulated attorney’s fees are in excess of what is expressly fixed by law. when lawyer is guilty of fraud and bad faith toward client in the matter of employment. whether absolute or contingent. Basis is employment by client Extraordinary: an attorney’s fee is an indemnity for damages ordered by court to be paid by losing party to the prevailing party in litigation. Special Retainer: Fee which client will pay to his lawyer for a specific matter (case/service). when the stipulated attorney’s fees are unconscionable. B. hence. 2.head] [Nayna_Malayang. and adverse party has no right to accept such compromise or waiver unqualifiedly. lawyer is entitled to full amount of fees η Generally.crim_law] [Vivian_Tan/Justin_Mendoza. η Oral Written – this is more advantageous for lawyers.η Client has no right to compromise or waive so much of acknowledged claim secured through efforts of lawyer as would prejudice stipulated fee.legal_ethics] [Lianne_Gervasio. also known as attorney’s fee as damages 2. 4. when contract of employment is illegal. the contract will be nullified and payment shall be based on quantum meruit.deputy] [Rhudz_Raymundo. unless withdrawal justified. 2. payable not to lawyer but to the client. This is considered as compensation for lost opportunity.tax_law] .rem_law] [Paul_Sorino/Judy_Ripol. when the counsel’s services were worthless because of his negligence. Kinds of Retainer 1.design] Bobbie_StaMaria. attorney’s fees in concept of damages are not recoverable due to public policy. Advantages of a Written Retainer Contract: there is control of amount of fee. 6. A lawyer like all human beings has a right to livelihood. Rationale for Adequate Compensation η Adequate compensation is necessary in order to enable lawyer to serve his client effectively and to preserve the integrity and independence of the profession. most contracts for attorney’s fees are in this form.poli_law] [Ascheia_Yumul. There are however exceptions to the rule. when there is a justified dismissal of the attorney. When lawyer cannot recover full amount despite existence of retainer η Situations wherein Counsel Cannot Recover Full Amount Despite a Written Retainer Contract: when the services called for were not performed as when the lawyer withdrew before case is finished. 2. Effects of Nullity of Contract 1. This could be paid monthly or annually. serving adverse interests. against morals and public policy.comm_law] [Ces_Sicangco/Rowena_Romero. Contract for Attorney’s Fees Forms of Contract for Legal Service 1. possibly in addition to a general retainer. preclude a lawyer from recovering fees for such services (if nullity based on illegality of object sought to be achieved) lawyer entitled to recover what is justly due him for his services based on quantum [Lorybeth_Baldrias. 5.labor_law] [Miguel_DeJesus. if lawyer’s service is terminated without justifiable cause.acads] [Jam_Jacob.

It is considered as reasonable if it is within the capacity of client to pay. [Lorybeth_Baldrias. usually a fixed percentage of what may be recovered in action is made to depend upon the success in the effort to enforce or defend a supposed right. contract for attorney’s fees invalidated recovery of attorney’s fees based on quantum meruit η General rule to be followed is that to adopt such a construction as would be more favorable to client even if it would work prejudice to lawyer. Contingent fee of 30% of money judgment is still considered valid. including monetary and nonmonetary claims.secretariat] [Dionne_Sanchez.  Research and Services Realty V. the lawyer will get all the rewards. Such amount must always be reasonable to avoid abuse of clients by lawyers.deputy] [Rhudz_Raymundo. η Reasonability of fee is determined from the facts of each case.rem_law] [Paul_Sorino/Judy_Ripol.labor_law] [Miguel_DeJesus. Contingent Fee Contract η η A contingent fee contract is an agreement in writing in which the fee. 2. in which case the lawyer will be entitled to recover on quantum meruit basis or to the full amount as fixed in a valid written agreement.meruit ( if nullity not based on illegality of object) Effects of Unconscionability of Amount 91 η In contrast to a champertous contract. η η In contrast. A lawyer who prepares a contract of professional services is presumed to have seized up the entire situation before entering into agreement. the insertion presumed to have been made for his benefit. Validity of Contingent Fee Contract η The Court protects the client by monitoring the amount paid to lawyers. η It is interpreted in accordance with its terms and in favor of greatest reciprocity of interest. It is generally valid and binding unless it is obtained by fraud. Words inserted by client in his own handwriting are to be taken in his favor. RSR appealed and contended that Fonacier has no justification to claim η A much higher compensation is allowed as contingent fees in consideration of the risk that the lawyer will get nothing if case fails.poli_law] [Ascheia_Yumul.acads] [Jam_Jacob. A champertous contract is one wherein the lawyer during litigation will shoulder all the expenses and by the end of the case. η η Lawyer gets paid only if he wins the case for the client unless the client prevents the successful prosecution or defense of the action. if a favorable decision is rendered. and is directly commensurate with the value of the legal services rendered.tax_law] . η A lawyer usually advances expenses of litigation as more often than not the client is not in a financial capacity to pay.printing] [Miles_Malaya.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.lectures] [Japee_DeLeon. a contingent fee contract is allowed by law.crim_law] [Vivian_Tan/Justin_Mendoza. Fonacier filed suit for Urgent Motion to Direct Payment of Attorney’s Fees &/or Register Attorney’s Charging Lien claiming that noncollection cases were included in the contingent fee arrangement specified in his retainer contract wherein there was to be contingent compensation for any award arising from any lawsuit handled by him. Construction of Professional Contract 1. Atty. This contract is often the only way that a poor litigant may have his right enforced or protected by a lawyer.civ_law] [Hya_Rafael/Mac_Macapagal. imposition or suppression of facts. CA (1997) F: After termination. Validity depends on reasonableness of the amount fixed as contingent fee based on circumstances of the case. This was acted upon favorably by RTC ordering Research and Services Realty (RSR) to pay Fonacier P600K as attorney’s fees based on quantum meruit.design] Bobbie_StaMaria. amount is considered as unconscionable if it is such that no man in his right senses would offer on one hand and no honest and fair man would accept on the other.head] [Nayna_Malayang. or the fee is so clearly excessive as to amount to extortion.

Contrary to this. The SC held that Fonacier is entitled to claim attorney’s fees for noncollection cases but that his attorney’s fee on a contingent basis is unwarranted.00) in capital offenses. does not insulate such agreement from review and modification by the Court where the fees clearly appear to be excessive or unreasonable.labor_law] [Miguel_DeJesus.00) in grave felonies other than capital offenses. when considered in conjunction with the circumstances of this case. Quirante cannot have a confirmation of attorney’s fees. (2) One hundred pesos (P100.secretariat] [Dionne_Sanchez.crim_law] [Vivian_Tan/Justin_Mendoza. F: Atty Quirante filed motion for confirmation of attorney’s fees in the trial court. The Court held that Atty. The Court held that the lawyers were not entitled to the enforcement of charging lien for payment of its attorney's fees and also held that a separate civil suit is not necessary for the enforcement of such lien.comm_law] [Ces_Sicangco/Rowena_Romero. against such a contract. Lawyer contends that their agreement is to give him 50% of debt collected. Subject to availability of funds as may be provided by law the court may. IAC (1989) [Lorybeth_Baldrias. requires as a condition sine qua non a judgment for money and execution in pursuance of such judgment secured in the main action by the attorney in favor of his client.acads] [Jam_Jacob. H: A charging lien. de Dumo (1989) F: De Dumo is Tanhueco’s counsel for recovery of indebtedness from different debtors.deputy] [Rhudz_Raymundo. Attorney’s liens were annotated on the certificate of land titles. the determination of the propriety of said fees and the amount thereof should be held in abeyance. H: Since the main case from which the petitioner's claims for their fees may arise has not yet become final. Fonacier agreed to render professional services in such cases gratuitously. is within the jurisdiction of the court trying the main case and this jurisdiction subsists until the lien is settled. under the facts obtaining in this case.tax_law] . It must be stressed that the mere fact that an agreement had been reached between attorney and client fixing the amount of the attorney's fees.legal_ethics] [Lianne_Gervasio.civ_law] [Hya_Rafael/Mac_Macapagal.rem_law] [Paul_Sorino/Judy_Ripol. Rule 138. The civil case in question is not yet resolved and no judgment has yet been rendered in favor of RSR. § 32 Compensation for attorneys de oficio. grossly excessive and unconscionable.00) in less grave felonies. If at all Fonacier may be entitled to attorney’s fees. The Court held that the attorney’s fees charged by de Dumo were unacceptable. H: The absence of stipulation of additional attorney’s fees cannot be construed as a bar to the collection of additional attorney’s fees in noncollection cases. This Court has power to guard a client.design] Bobbie_StaMaria. 92  Quirante v. The case is being heard on appeal.attorney’s fees as: he was not entitled to attorney’s fees in retainer contract and he did not exert effort to amicably settle specific case nor was he even present during negotiation of the same. (4) Five hundred pesos (P500. to be enforceable as security for the payment of attorney's fees. especially an aged and necessitous client. duly recorded. Such a fee structure. No document about their lawyer-client relationship but Hilaria offered to give 15% of what de Dumo may be able to collect from debtors. it shall not be less than thirty pesos (P30. it would be on the basis if quantum meruit as of the expiration of his retainer contract on 31 March 1993. Nothing therein shows that Atty.  Metropolitan Bank and Trust Co.00) in light felonies. H: The contingent fee here claimed was.head] [Nayna_Malayang.poli_law] [Ascheia_Yumul. An enforceable charging lien. v CA (1990) F: Lawyers filed verified motion to enter in the records their charging lien. in its discretion.lectures] [Japee_DeLeon. presenting alleged agreement between him and Casasola about said fee while the main case is still pending.  Tanhueco v. A lawyer may enforce his right to fees by filing the necessary petition as an incident in the main action in which his services were rendered when something is due his client in the action from which the fee is to be paid.00) in any case. There is certainly no valid reason why the trial court cannot pass upon a petition to determine attorney's fees if the rule against multiplicity of suits is to be activated. This procedure gains added validity in the light of the rule that the remedy for recovering attorney's fees as an incident of the main action may be availed of only when something is due to the client. also shows that an unfair advantage was taken of the client and legal fraud and imposition perpetrated upon her. nor more than the following amounts: (1) Fifty pesos (P50.printing] [Miles_Malaya. the other party’s petition against sale of land was granted with prejudice and a new certificate of title with his name was made wherein attorney’s liens were annotated. Whenever such compensation is allowed. order an attorney employed as counsel de oficio to be compensated in such sum as the court may fix in accordance with section 24 of this rule. (3) Two hundred pesos (P200. Consequently.

the omission of fault of the lawyer in the discharge of his duties.poli_law] [Ascheia_Yumul. he himself would not get his due.(Agpalo)  Albano v. Coloma failed to expedite hearing and termination of case.deputy] [Rhudz_Raymundo.comm_law] [Ces_Sicangco/Rowena_Romero. Its essential requisite is acceptance of the benefits by one sought to be charged for services rendered under circumstances as reasonably to notify him that lawyer expects compensation. The time spent and the extent of the services rendered or required.lectures] [Japee_DeLeon. the loss of opportunity on the part of a lawyer for other employment of the financial capacity of the client.head] [Nayna_Malayang. e.3% of what the Albanos can recover.rem_law] [Paul_Sorino/Judy_Ripol. RULE 20.civ_law] [Hya_Rafael/Mac_Macapagal. and j. Coloma intervened to collect attorney’s fee which is computed at 33. whether occasional or established. 2. i. After Albanos won in the case. conclude litigation was unable to η Agpalo adds (1) the results secured and (2) whether of not the fee is contingent. η Even other consideration may be the actual purchasing power of the Philippine Peso. It is indeed ironic if after putting forth the best that is in him to secure justice for the party he represents. 5. H: Counsel. The amount involved in the controversy and the benefits resulting to the client from the service. c.tax_law] . The contingency or certainty of compensation. any counsel. 4. The skill demanded. The importance of the subject matter.acads] [Jam_Jacob.labor_law] [Miguel_DeJesus. With his capital consisting solely of his brains and with his skill. Instances when Court will fix Amount Attorney’s Fees based on Quantum Meruit of 93 1. Such an eventuality this Court is determined to avoid. 3. The novelty and difficulty of the questions involved. Unless both parties set aside contract and submit question of reasonableness of amount of fees for court to resolve on quantum meruit basis. The customary charges for similar services and the schedule of fees of the IBP Charter to which he belongs.secretariat] [Dionne_Sanchez. neither client nor lawyer may disregard amount fixed. is entitled to be fully recompensed for his services. The character of the employment.legal_ethics] [Lianne_Gervasio. he is entitled to the protection of any judicial tribunal against any attempt on the part of a client to escape payment of his fees. b. without fault. According to Albano. The professional standing of the lawyer. Coloma (1967) F: Coloma was Albano’s counsel during the Japanese occupation. if worthy of his hire. Coloma denied that she did nothing to expedite the hearing and termination of such civil case as the records would show otherwise. acquired at tremendous cost not only in money but in the expenditure of time and energy. d. Amount Fixed in a Valid Contract η A valid written contract is conclusive as to amount of compensation. agreement is invalid for some reason other than illegality of object of performance amount stipulated is unconscionable no agreement as to fees existed between parties client rejects amount fixed in contract as unconscionable and is found to be so lawyer.crim_law] [Vivian_Tan/Justin_Mendoza. The Court held that Coloma may recover attorney’s fees.printing] [Miles_Malaya.01. The probability of losing other employment as a result of acceptance of the professed case. A lawyer shall be guided by the following factors in determining his fees: a. f. NOTES [Lorybeth_Baldrias. Other factors: a) actual purchasing power of Philippine peso b) omission or fault of lawyer c) loss of opportunity on part of lawyer for other employment d) financial capacity of client Amount based on Quantum Meruit η Quantum Meruit means as much as a lawyer deserves. h. Rule 20. g.design] Bobbie_StaMaria.01 as guide only η none of the factors is controlling but are guides only.01 FEE GUIDE  Rule 20. it being recognized as a rule that an attorney may properly charge a higher fee when it is contingent that when it is absolute.

Ability. Competence judged by character of work.head] [Nayna_Malayang. evidenced by quality of work and eminent standing in community. η η η Hotly-litigated action requires more work and higher fee than a simple money claim. court looks at novelty or difficulty of issue and the demands they impose on lawyer’s part.printing] [Miles_Malaya. Value of interest involved η The bigger the size or value of interest or property involved the higher the attorney’s fees. η But: in a million peso litigation.tax_law] . In the last analysis. percentage fee contingent upon recovery becomes smaller as amount of recovery gets bigger because amount of work required remains the same even though interest in controversy exceeds several million pesos. η A test case is usually litigated with energy and diligence even if the actual amount is insignificant because the resolution of the other actions which involve large sums of money is made to depend on the favorable outcome of the test case. and deserves credit for victory won) the prestige of a lawyer as a distinguished member of the bar. 94 η η η Loss of opportunity for other employment η Loss of opportunity for other employment on part of lawyer should be considered. value in controversy of all actions should bear its appropriate proportion to the amount due as fees to lawyer who prosecuted test case (totality of the amounts in all the actions dependent upon the result of test case).lectures] [Japee_DeLeon.labor_law] [Miguel_DeJesus. η Two ways: (1) acceptance of retainer from client will preclude a lawyer from appearing for others in cases likely to arise out of the transaction in view of prohibition against representation of adverse interests. Time devoted for study and research must also be considered.secretariat] [Dionne_Sanchez.η Loss of Opportunity for other employment may be due to (1) the acceptance of a retainer or (2) that the work may require tedious details and considerable time. (2) work may require tedious details and considerable time that may deprive him of opportunity to render legal services in other cases Skill and standing of attorney η Skill. Nature of services η Value of lawyer’s services determined in large measure by nature.comm_law] [Ces_Sicangco/Rowena_Romero. η η η Test case η Where there are several identical actions or possible disputes and one case is litigated as a test case. quality and quantity of services. experience and standing of lawyer bear a direct proportion to amount of attorney’s fees. value of interest depends upon extent of the special and additional services and efforts demanded of the case. Argument made in a pleading or brief or orally in court acquires a different meaning and import according to persuasive ability of professional and personal prestige of lawyer. Court may take judicial notice of Difficulty of issues involved η Novel or difficult issues require greater efforts on part of lawyer in terms of preparation. skill and competence cannot be measured by lawyer’s income or length of practice.deputy] [Rhudz_Raymundo. That lawyer has been helped by assistants in his office cannot reduce compensation as he is paying his assistants and is not expected to do everything personally. [Lorybeth_Baldrias.poli_law] [Ascheia_Yumul. η In fixing lawyer’s fees. Time employed not in itself an appropriate basis for fixing amount but length of employment which runs for years is significant as the longer the period of employment the more work it entails and the lesser the opportunity lawyer has for other profitable retainers. study and research to convince court as to the soundness of client’s cause.crim_law] [Vivian_Tan/Justin_Mendoza. (like an army general who directs and supervises. η Reputation for professional capacity and fidelity to trust acquired through years of hard labor and devotion to duty.rem_law] [Paul_Sorino/Judy_Ripol.acads] [Jam_Jacob. Lawyer’s services should be taken as a whole. Reason: the higher the stakes the more case is hotly litigated and the greater the efforts the lawyer exerts.civ_law] [Hya_Rafael/Mac_Macapagal.legal_ethics] [Lianne_Gervasio. Lawyer’s competence and ability must be judged by character and quality of his work and services not only in the field of law but in other fields of public and private endeavors.design] Bobbie_StaMaria.

in cases of referral. η That a lawyer.η Those who may be benefited by the result of the test case may be required to contribute a proportionate share to fees of lawyer who prosecuted test case. to anything his counsel proposes. he performs legal service or assumes responsibility in case that he will be entitled to a fee. in spite of his efforts.design] Bobbie_StaMaria. be entitled to a division of fees in proportion to the work performed and responsibility assumed. A contract beyond the limit is null and void.lectures] [Japee_DeLeon. 95 Results secured η Winning client may be more than willing to pay for stipulated amount while losing client may hesitate. Urban Bank filed case versus Pena. Pena filed collection suit versus Urban Bank. Inc.rem_law] [Paul_Sorino/Judy_Ripol. (Practice of law would cease to be dignified and honorable if all professional fees contingent fees. But Pena. does not. made clear that it is ISC which availed of his service. ignorant client may not be in a position to appreciate what a reasonable fee is and may likely agree. RULE 20. After eviction. Pena (2001) F: Atty.labor_law] [Miguel_DeJesus. because of his necessities.deputy] [Rhudz_Raymundo.printing] [Miles_Malaya.legal_ethics] [Lianne_Gervasio.) Whether fee is contingent η Contingent fee: lawyer entitled to higher compensation than if fee were absolute.crim_law] [Vivian_Tan/Justin_Mendoza. in case of referral. malpractice and gross misconduct. A lawyer shall.02 CLIENT’S CONSENT OF FEES FOR REFERRAL [Lorybeth_Baldrias. It is however stressed that it is improper for a lawyer to receive compensation for merely recommending another lawyer to his client for if such practice is permitted. η η Statutory limitation as to fees η Legislature.  Urban Bank. deprive him of the right to recover compensation for his services except when fee agreed upon is contingent. This letter was later on altered.poli_law] [Ascheia_Yumul. Reason: risks borned by lawyer as to reimbursement of expenses advanced Capacity of client to pay η Financial ability of client to pay may be considered in determining amount of fees. H: Atty.02 . With this.03 RULE 20. alleging that they were not the one who availed of Pena’s legal services. however. before doing so. be entitled to a division of fees in proportion to the work performed and responsibility assumed. This system helps individuals in locating lawyers competent to handle their particular problem. It may be looked into as an incident in determining importance and gravity of interests involved. The Court did not agree that Pena should be disbarred on the ground of deceit. with the consent of the client. Pena was issued a letter of authority which gave him the right to represent Urban Bank in any court action connected with eviction. It is only when. Rule 20.civ_law] [Hya_Rafael/Mac_Macapagal.secretariat] [Dionne_Sanchez. in addition to referral. η Law should be interpreted strictly and not extended beyond what it expressly comprehends. It enables laymen to have informed selection of competent lawyers who have experience in the subject matter involved in a particular case. It is an aid to selection of qualified lawyers. with the consent of the client. While a wealthy client can deal with lawyer at arm’s length. it would tend to germinate evils of commercialism and to destroy proper appreciation of professional responsibility. in the exercise of its police power. In fixing waht a lawyer is reasonably entitled to.comm_law] [Ces_Sicangco/Rowena_Romero. and the lawyer who collects in excess of the limit may be criminally held liable.tax_law] .head] [Nayna_Malayang.02. may by law precribe the limit of the amount of attorney’s fees which a lawyer may charge. v. failed to secure for his client what he desires. NOTES (Agpalo) η Lawyers sometimes use the lawyer-referral system. result of case is given much weight.  Rule 20.A lawyer shall. not to enhance what is reasonable but to ascertain whether client is able to pay a fair and just compensation. malpractice and gross misconduct for invoking the aid of the court in recovering recompense for legal services which he claims he undertook for the bank and which the latter does not deny to have benefited from. η Poor. Pena can hardly be faulted and accused of deceit.acads] [Jam_Jacob.

Lawyers should avoid the appearance of fulfilling duty merely for the compensation. ETCETERA NOTES. In Corpuz’s civil case. commission.lectures] [Japee_DeLeon. General rule: probate court loses jurisdiction to entertain and adjudicate fees after proceeding closes. It must be noted that the amount received by lawyer from opposite party or third persons in the service of his client belongs to the client except when the latter has full knowledge and approval of lawyer’s taking.crim_law] [Vivian_Tan/Justin_Mendoza. David became his counsel. Secs 24.  Rule 138. η [Lorybeth_Baldrias. A lawyer shall not. considering their close relationship which signifies mutual trust and confidence between them. RULE 20. costs. David should be paid attorney’s fee H: An attorney client relationship can be created by implied agreement. A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition.comm_law] [Ces_Sicangco/Rowena_Romero. Duties of attorneys. accept any fee. Moreover.poli_law] [Ascheia_Yumul.04.tax_law] . Corpuz gave the lawyer a check which the latter returned. η η Suits to collect fees should be avoided and only when the circumstances imperatively require should a lawyer resort to lawsuit to enforce payment of fees.secretariat] [Dionne_Sanchez.civ_law] [Hya_Rafael/Mac_Macapagal.03. Prior to rendering of final judgment. it is designed to secure the lawyer’s wholehearted fidelity to the client’s cause and to prevent that situation in which the receipt by him of a rebate or commission from another in connection with the client’s cause may interfere with the full discharge of his duty to the client.rem_law] [Paul_Sorino/Judy_Ripol.deputy] [Rhudz_Raymundo. allow his claim and direct administrator or executor to pay. interest.printing] [Miles_Malaya. File petition with probate court praying that court. NOTES (Agpalo) η The reason for the rule is to ensure protection of lawyers in collection of fees. but not against substitute or new administrator. injustice or fraud.acads] [Jam_Jacob.CLIENT’S CONSENT OF ACCEPTANCE FEE FROM THIRD PERSONS  Rule 20. he may file claim against (1) estate of deceased administrator or executor or (2) a petition for allowance of his fees with probate court. rebate or forwarding allowances or other compensation whatsoever related to his professional employment from any one other than the client. The obligation of such a person to pay attorney’s fees is based on the law of contracts’ concept of facio ut des (no one shall unjustly enrich himself at the expense of others. (Agpalo) Remedies in estate proceedings η Lawyer should first administrator or executor to pay.—It is the duty of an attorney: (e) … to accept no compensation in connection with his client's business except from him or with his knowledge and approval.head] [Nayna_Malayang. Atty David demanded attorney’s fee which Corpuz refused to deliver alleging that David’s services were offered gratuitously. he may in turn include the amount paid in his account filed with probate court. CA (2001) F: Atty David and Corpuz were good friends. The Court decided that Atty. If latter is ordered to pay. After favorable decision was rendered. after due notice to all persons interested. 32 above If administrator or executor dies before lawyer’s fees could be paid.) Absence of an express contract for attorney’s fees between respondent David and petitioner Corpus is no argument against the payment of attorney’s fees. NOTES (Agpalo)  Corpus v. 96 η If administrator or executor refuses. reward. 20(e) . When to enforce right to fees: before estate proceeding is definitely closed. without the full knowledge and consent of the client.legal_ethics] [Lianne_Gervasio. lawyer may: File independent civil action against administrator or executor in his personal capacity. as when the attorney actually rendered legal services for a person who is a close friend.04 AVOID COMPENSATION CONTROVERSY WITH CLIENT  Rule 20. sec. This is but a logical consequence of the legal profession not primarily being for economic compensation.design] Bobbie_StaMaria. η Take note of Rule 138.labor_law] [Miguel_DeJesus.

Opinions of lawyers as expert witnesses are not binding upon court but may be taken into account along with professional knowledge and various factors affecting compensation. no other piece of evidence is necessary to prove amount. nullity of contract. The latter cannot order immediate payment of fees after perfection of an appeal from order allowing it.design] Bobbie_StaMaria.poli_law] [Ascheia_Yumul. want of jurisdiction. court is presumed to have granted award for counsel fees only after it has heard all parties involved.secretariat] [Dionne_Sanchez. η Persons entitled to or must pay atty’s fees have the right to be heard upon question of their propriety or amount. and administrator. client’s assignee of the interest in litigation.tax_law] . to assail the propriety of action taken by trial court in fixing and allowing counsel fees η η Defenses η Usual defenses apply: res judicata. Where there is written agreement for atty’s fees.rem_law] [Paul_Sorino/Judy_Ripol. Burden of proof is upon lawyer to establish his allegations. But an order of probate court which has been affirmed or modified by appellate court can no longer be changed by probate court. Court may not order immediate payment where question as to propriety or amount is pending resolution by appellate court. In case where probate court has lost jurisdiction after final closure of estate proceeding. executor.civ_law] [Hya_Rafael/Mac_Macapagal. prescription of action. Who may have right to intervene and be heard: lawyer himself. court can have no power to award and fix attorney’s fees. lack of atty-client relationship.deputy] [Rhudz_Raymundo. But if client not only fails to object to exercise by court of jurisdiction to entertain an action for recovery of atty’s fees but also asks for some affirmative reliefs.labor_law] [Miguel_DeJesus. η Necessity of hearing η Petition for recovery of atty’s fees has to be prosecuted and allegations established.Exceptions: (1) when petition for allowance of fees filed before closure (2) distribution of assets made without prejudice to claim for attorney’s fees η Allowance of counsel fees in estate proceedings rests on sound discretion of probate court but it may be modified by appellate court when fee allowed is inadequate or excessive. stockholders in a derivative suit concerning atty’s fees sought to be charged against corporate funds. negligence in discharge of lawyer’s duties. on appeal. Application of client’s funds η Lawyer who has in his possession funds of the client may not apply them to pay his fees without client’s consent.head] [Nayna_Malayang.printing] [Miles_Malaya. enforce claim in separate civil action subject to same jurisdictional req as any other ordinary civil suit. η If client refuses to give consent. Court cannot authorize payment until all parties are given opportunity to be heard. [Lorybeth_Baldrias. payment or unconscionableness of amount claimed. client. heir and creditor in an estate proceedings. Order fixing fees continue to be under control of probate court until proceeding is closed and may increase or decrease depending on facts and circumstances even though fee has been fully or partially paid.legal_ethics] [Lianne_Gervasio. he may be estopped. express or implied. After securing award. lawyer should secure court order for the allowance of fees with notice to client to give client opportunity to be heard.lectures] [Japee_DeLeon. Lawyer may. however.comm_law] [Ces_Sicangco/Rowena_Romero. he may lawfully apply client’s funds in his possession for payment of his fees as fixed by court. lawyer may file independent civil action against administrator in his personal capacity and against distributees of the assets of the estate.crim_law] [Vivian_Tan/Justin_Mendoza. Trial court who awards smaller fee than that sought without allowing lawyer to adduce evidence commits a reversible error correctable by certiorari. η If court has no jurisdiction or has lost it.acads] [Jam_Jacob. In the absence of evidence. 97 η η η η η η Court jurisdiction η Court having jurisdiction to try main action in which lawyer rendered services also has jurisdiction to pass upon the question of fees even though the total sum thereof is less than the jurisdictional amount cognizable by the court and continues to have jurisdiction until the proceeds of the judgment shall have been delivered to the client.

it will put a premium on right to redress grievances and tempt a party and his counsel to swell the fees to undue proportion and discourage out-ofcourt settlement. When defendant’s action or omission compelled plaintiff to litigate Act or omission of other party must be in gross bad faith. losing party shall pay directly to lawyer of prevailing party. When defendant acted in gross and evident bad faith Refusal to pay valid claim must be made in gross and evident bad faith. In actions for support Person obliged to give support is also obliged to pay attorney’s fees as may be necessary to enable person entitled to such support to enforce his rights. In a separate civil action arising from a crime Party entitled to recover damages arising from a crime can only do so in a separate civil action or in a civil suit to enforce subsidiary civil liability. Liability of losing party for atty’s fees (indemnification) awarded to winning party not bound by or dependent upon fee arrangement of winning party with his lawyer but court may take that fee arrangement into account as an element of damages. When exemplary damages are awarded Exemplary damages awarded by way of example. not to his lawyer.legal_ethics] [Lianne_Gervasio. When action is clearly unfounded Action or proceeding must be so untenable as to amount to gross and evident bad faith depending on circumstances of case. 3. When at least double costs are awarded Usually awarded in frivolous action or appeal—one which presents no justiciable question or is so readily recognizable as devoid of merit on its face. including proceeds from judgment secured for client in the main action. both fees subject to judicial control and modification. η η Compensation: atty’s fee paid by client to his counsel. 7. Attorney’s Fees as Damages Two concepts of attorney’s fees compared η Indemnification: given by court to winning litigant in the form of damages.labor_law] [Miguel_DeJesus. When there is agreement Court may reduce if fee unreasonable or unconscionable. 11. When the court deems it just and equitable 98 [Lorybeth_Baldrias. the intervention of or rendition of professional services by lawyer. even if done erroneously. in any of the instances authorized by law. in which case. 2. Both plaintiff (in his complaint) or defendant (in his counterclaim) entitled to award.civ_law] [Hya_Rafael/Mac_Macapagal. Similarities: both require. In cases of recovery of wages Covers household helpers.design] Bobbie_StaMaria. 6. Award may be enforced against any property of client. laborers and skilled workers 9. not his lawyer. But client and lawyer may agree that whatever may be awarded by court as atty’s fees will go directly to lawyer. as a prerequisite to grant. 5. and rules governing determination of their reasonable amount applicable to both. 4.poli_law] [Ascheia_Yumul. 12. Otherwise. In criminal cases of malicious prosecution Show that (1) he was acquitted and (2) person who charged him knowingly made a false statement of facts or that filing was prompted by sinister design to vex him.tax_law] . good faith a defense.comm_law] [Ces_Sicangco/Rowena_Romero. It may be decreed in favor of party. 8.secretariat] [Dionne_Sanchez. in case of public litigant.printing] [Miles_Malaya.crim_law] [Vivian_Tan/Justin_Mendoza.rem_law] [Paul_Sorino/Judy_Ripol.head] [Nayna_Malayang. Fee as item of damages belongs to client.deputy] [Rhudz_Raymundo. the existence of the right to private counsel. Fees as damages recoverable—exception to the rule New Civil Code provides 13 exceptions to the rule: 1.lectures] [Japee_DeLeon. η η η Fee as damages not recoverable—general rule η General rule: atty’s fees as damanges not recoverable because it is not the fact of winning that ipso facto justifies the award but the attendance of any of the special circumstances and. η Public policy requires that no penalty be placed on the right to litigate. In actions for indemnity under workmen’s compensation and employee’s liability laws 10.Execution η Final award of atty’s fees may be enforced by execution.acads] [Jam_Jacob.

There should be factual, legal or equitable justification which appears on record. 13. When a special law so authorizes Purpose: to lessen unnecessary litigation Right to private counsel a precondition η Two reqs to recover atty’s fees as an item of damages: (1) case falls under any of the exceptions and (2) he must have employed and, in the case of public litigant, must show his right to employ a private counsel. Award of attorney’s fees discretionary η Exercise of discretion by court on awarding of atty’s fees as damages must be based on facts appearing on the text of decision. Decision’s body, not just the disposition, must state reason for award, unless text shows case comes within one of the exceptions. η In the absence of showing that trial court abused discretion, grant or denial of atty’s fees may not be disturbed on appeal. Appellate court may, in the exercise of its discretion, award atty’s fees or increase or reduce amount whenever law and circumstances warrant.

99
CANON 21 PRESERVE CLIENT’S CONFIDENCE

 Canon 21. A lawyer shall preserve the confidence and secrets of his client even after the attorney-client relationship is terminated. Rule 21.01. A lawyer shall not reveal the confidence or secrets of his client except: a. When authorized by the client after acquainting him of the consequences of the disclosure; b. When required by law; c. When necessary to collect his fees or to defend himself, his employees or associates or by judicial action. Rule 21.02. A lawyer shall not, to the disadvantage of his client, use information acquired in the course of employment, nor shall he use the same to his advantage or that of a third person, unless the client with full knowledge of the circumstances consents thereto. Rule 21.03. A lawyer shall not, without the written consent of his client, give information from his files to an outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data processing, or any similar purpose. Rule 21.04. A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client. Rule 21.05. A lawyer shall adopt 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 21.06. A lawyer shall avoid indiscreet conversation about a client’s affairs even with members of his family. Rule 21.07. A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interests.  Rule 138, 20(e). Duties of attorneys.— It is the duty of an attorney: (e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his

Pleading and practice η Trial and appellate court will not grant atty’s fees if claim of atty’s fees in the concept of damages and the grounds relied upon are not pleaded. η But with claim for atty’s fees having been set up, appellate court may grant such fees even if party did not appeal from lower court’s decision denying such award. Claim for atty’s fees must not only be alleged, factual basis and amount must also be proved. That grant is discretionary does not dispense with need for proof even if party against whom it is asserted does not deny claim. Exception: when what is sought is in the nature of liquidated damages fixed in a valid written agreement. Amount must be proved and specificall prayed for, not just in “such other relief and remedy as the court court may deem just and equitable.” Since award of atty’s fees is the exception, not the rule, trial court should make findings of fact and law to bring case within the exception and justify the award.

η

η

η

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads] [Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law]

client's business except from him or with his knowledge and approval;  Rule 130, sec. 21(b). Privileged communication. —An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment; nor can an attorney's secretary, stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity.  Art. 209 Revised Penal Code. Betrayal of trust by an attorney or solicitor— Revelation of secrets.—In addition to the proper administrative action, the penalty of prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any attorney-at-law or solicitor ( procurador judicial) who, by any malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity. The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who, having undertaken the defense of a client or having received confidential information from said client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his first client. NOTES (Agpalo) η Neither attorney nor client nor anyone who stands in a peculiar relation of confidence with either of them can be compelled to disclose any privileged communication. The lawyer’s duty to maintain inviolate his client’s confidence is perpetual. It outlasts even the lawyer’s employment. He may not do anything which will injuriously affect his former client nor may he at any time disclose or use against him any knowledge or information acquired by virtue of professional relationship. This duty exists because unless the client knows that his attorney cannot be compelled to reveal what is told to him, he will suppress what he thinks to be unfavorable and the advice which follows will be useless if not misleading.

η

This canon also applies to prospective clients. Formerly, in order that a communication shall be privileged, the attorney-client relationship should exist at the time of communication. But at present, communication made by prospective client is covered for as long as it is made to the lawyer in his professional capacity. Exists where legal advice is sought in a lawyer’s professional capacity with respect to communications relating to that purpose. This is called :evidentiary privilege.”

100

η

Confidentiality η A confidential communication refers to information transmitted by voluntary act of disclosure between attorney and client in confidence and by means which so far as the client is aware, discloses the information to no third person other than one reasonably necessary for the transmission of the information or the accomplishment of the purpose for which it was given. Covers all actions, signs, means of communication η There is a difference between confidences and secrets of clients. While confidences refer to information protected by attorneyclient privilege under the Revised Rules of Court (information pertinent to the case being handled), secrets are those other information gained in the professional relationship that the client has requested to be held inviolate or the disclosure of which would be embarrassing or would likely be detrimental to client (information not exactly pertinent to case). The intent of client to make communication confidential must be apparent. But once conveyed to lawyer, confidentiality attaches not only to statements but also to other forms of communication.

η

η

Requisites for Privilege Communication to Attach η if person to whom information is given is a lawyer η η there is legal relationship existing (may be disregarded for prospective clients legal advice must be sought from attorney in his professional capacity the

η

η

Some privileged communication may lose privileged character (eg client gave it to 3rd person). Client must intend the communication be confidential.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads] [Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law]

η

Question of privilege determined by court. The burden of proof: party who asserts privilege Applies to attorneys, no attorney-client relation when person is not a lawyer, unless pretending to be a lawyer Not privileged if advice is not within lawyer’s professional capacity

The SC held that Silapan had violated confidentiality of lawyer-client relationship relationship. Held: “Canon 17 of the Code of Professional Responsibility provides that a lawyer owes fidelity to the cause of his client and shall be mindful of the trust and confidence reposed on him. The rule is that an attorney is not permitted to disclose communications made to him in his professional character by a client, unless the latter consents. This obligation to preserve the confidences and secrets of a client arises at the inception of their relationship. The protection given to the client is perpetual and does not cease with the termination of the litigation nor is it affected by the party’s ceasing to employ the attorney and retaining another, or by any other change of relation between them. It even survives the death of the client. “It must be stressed, however, that the privilege against disclosure of confidential communications or information is limited only to communications which are legitimately and properly within the scope of a lawful employment of a lawyer. It does not extend to those made in contemplation of a crime or perpetration of a fraud. It is not within the profession of a lawyer to advise a client as to how he may commit a crime. Thus, the attorney-client privilege does not attach, there being no professional employment in the strict sense. “Nevertheless, respondent’s explanation that it was necessary for him to make the disclosures in his pleading fails to satisfy the Court. The disclosures were not indispensable to protect his rights, as they were not pertinent to the foreclosure case. It was improper for the respondent to use it against the complainant in the foreclosure case as it was not the subject matter of litigation therein and respondent’s professional competence and legal advice were not being attacked in said case.”  Hilado v. David (1949) F: Prior to Atty Francisco’s rendering of legal service to Assad, Hilado consulted the same lawyer and even presented him with documents about case against Assad. Hilado and her counsel want Francisco disqualified as counsel for Assad. The SC found that an attorney-client relationship existed between Hilado and Francisco and that the latter had violated the confidence of client. H: To constitute professional employment it is not essential that the client should have

101

η

η

Persons Entitled to claim Privilege η The privilege is intended primarily to protect client and incidentally in consideration for oath and honor of attorney. Hence, the work product of the lawyer, including his effort and researches, contained in his files is confidential even after his death. Contents of lawyer’s files may not be disclosed without a client’s consent. η Generally, the attorney-client privilege covers the lawyer, client and third persons who by reason of their work have acquired information about the case being handled. This includes the following: (1) attorney’s secretary, stenographer and clerk; (2) interpreter, messengers, or agents transmitting communication (3) an accountant, scientist, physician, engineer who has been hired for effective consultation. Assignee may claim the privilege

η η

Identification of client privilege extends when the ff are not present: (1) commencement of litigation on behalf of the client, (2) identification relating to employment of 3rd person, (3) employment of attorney with respect to future criminal/ fraudulent transaction, (4) prosecution of a lawyer for a criminal offense η This rule does not cover those kept for custodial purposes only nor contracts relating to attorney’s fees

 Genato v. Silapan (2003) F: Atty. Silapan and Genato had a attorney-client relationship. Genato filed charges against Silapan due to the latter’s failure to pay amortization fees. Silapan alleged in his answer that Genato is a businessman in real estate business, who traded and buys and sells deficiency taxed imported cars, provides shark loan and engages in other shady deals. He also alleged that Genato has many pending cases and had attempted to bribe officials to lift the case.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads] [Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law]

b) lawyer’s advantage. Only when client consents will a lawyer be allowed to make use of said information.01. η If a lawyer manages to acquire info regarding the opposing party’s cause. loyalty to the court may not override this privilege as said loyalty involves steadfast maintenance of principles which the courts themselves have evolved for the effective administration of justice.employed the attorney professionally on any previous occasion. is to strike at the element of confidence which lies at the basis of. should lawyer disclose?) [Lorybeth_Baldrias. Litigants would then be wary in going to an atty. The question is not necessarily one of the rights of the parties. “Wihout impugning Atty. It is founded on principles of public policy. secret of 1 corporate officer may be disclosed to directors but not to others η Involves a balancing of loyalties (eg client committed perjury. consults with his attorney in his professional capacity with the view to obtaining professional advice or assistance. he must withdraw η If obtained by 3rd person  counsel must not call (question of impropriety) η Client may not make communications to opposing counsel to silence him (such communication is not privileged) η If corporate client.tax_law] . other than what may be necessary to prosecute or defend his client’s cause. c. or.crim_law] [Vivian_Tan/Justin_Mendoza. and a client. When required by law.comm_law] [Ces_Sicangco/Rowena_Romero. In the complexity of what is said in the course of the dealings between an atty. and to permit to be used in the interest of another. in respect to his business affairs or troubles of any kind. and the attorney voluntarily permits or acquiesces in such consultation. Francisco’s good faith. in advance of the trial.head] [Nayna_Malayang.rem_law] [Paul_Sorino/Judy_Ripol. c) advantage of third persons. If a person. inquiry of the nature suggested would lead to the revelation. then the professional employment must be regarded as established. but alsol to protect the honest lawyer from unfounded suspicion of unprofessional practice. Information so received is sacred to the employment to which it pertains.secretariat] [Dionne_Sanchez.civ_law] [Hya_Rafael/Mac_Macapagal. but as to whether the attorney has adhered to proper professional standard. whether privileged or not. 102 NOTES (Agpalo) η A lawyer becomes familiar with all the facts connected with his client’s case. Abstinence from seeking legal advice in a good cause is by hypothesis an evil which is fatal to the administration of justice. η In fact.labor_law] [Miguel_DeJesus. consisting of entangled relevant and irrelevant. η A lawyer may not disclose any information concerning the client’s case. “Communications between atty.lectures] [Japee_DeLeon. which he acquired from the client in confidence.poli_law] [Ascheia_Yumul. his employees or associates or by judicial action.printing] [Miles_Malaya.design] Bobbie_StaMaria. secret and well known facts. When necessary to collect his fees or to defend himself. in the interest of the adverse party. When authorized by the client after acquainting him of the consequences of the disclosure. the relation of attorney and client. on good taste.legal_ethics] [Lianne_Gervasio. Use of said information. is prohibited if it is to the: a) disadvantage of the client. “Rationale behind this prohibition: not only to prevent the dishonest practitioner from fraudulent conduct.01 WHEN REVELATIONS OF CONFIDENCE AND SECRETS ALLOWED  Rule 21. Such knowledge must be considered sacred and must be guarded with care to ensure the confidence of the client is not abused. A lawyer shall not reveal the confidence or secrets of his client except: a. of other matters that might only further prejudice the complainant's cause. worse still.acads] [Jam_Jacob. a complicated affair. SC cannot allow taking cause of adversary of the party who had sought and obtained legal advice from his firm not necessarily to prevent any injustice to the plaintiff but to keep above reproach the honor and integrity of the courts and of the bar. one of these principles is that of preservation of client’s confidence communicated to lawyer in his professional capacity.deputy] [Rhudz_Raymundo. and client are.” RULE 21. in a great number of litigations. b. and affords the essential security in. Breach of this fidelity is sufficient to warrant disciplinary sanction against the lawyer.

the period to be considered is the date when the privileged communication was made by the client to the attorney in relation to either a crime committed in the past or with respect to a crime intended to be committed in the future. client waives privilege in favor of lawyer who may disclose so much of client’s confidences as may be necessary to protect himself or to collect fees.labor_law] [Miguel_DeJesus.crim_law] [Vivian_Tan/Justin_Mendoza. and thought. A lawyer shall not. unless the client with full knowledge of the circumstances consents thereto.legal_ethics] [Lianne_Gervasio. Lawyer’s consent is necessary.04 AND 21. or any similar purpose. A person who is committing a crime or is about to commit a crime can have no privileged witness. η Neither the lawyer nor. η Consent given by client to lawyer’s secretary (staff/employees) will not give him/her the right to reveal confidences. bookkeeping. For the application of the privilege to attach. In such case. When one partner tells another about the details of the case. only the client may waive privilege. in case client files complaint against his lawyer or unreasonably refuses to pay his fees.03 PROHIBITION TO GIVING INFORMATION TO OUTSIDE AGENCY OF η A lawyer may disclose commission of contemplated crimes or perpetuation of fraud considering that professional relationship should only be for lawful purposes.acads] [Jam_Jacob. such as his effort. contained in his files are privileged matters.lectures] [Japee_DeLeon.tax_law] .  Rule 21.02 WHEN USE OF INFORMATION RECEIVED IN COURSE OF EMPLOYMENT IS ALLOWED  Rule 21. and the records of his client. It must be noted that a client may not be permitted to take advantage of the attorney-client relation to defeat the just claim of his lawyer. research.  Rule 21.04.design] Bobbie_StaMaria.deputy] [Rhudz_Raymundo.poli_law] [Ascheia_Yumul. his heir. use information acquired in the course of employment. A client may waive protection of privilege through lawyer except where the controversy involves the attorney’s relation with his client.03. These exceptions to the general rule are found in Rule 21. data processing.rem_law] [Paul_Sorino/Judy_Ripol. after his death.head] [Nayna_Malayang.01. accounting. RULE 21. A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client. statistical. NOTES (Agpalo) η Professional employment of a law firm is equivalent to retainer of the members thereof even though only one partner is consulted. A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by him. NOTES (Agpalo) η The reason for the rule is that the work and product of a lawyer.Exceptions to the General Rule η There are however instances when lawyer may disclose client’s secrets.05 PROTECTION FROM DISCLOSURE  Rule 21. 103 RULE 21. without the written consent of his client. It is the duty of lawyer to ensure that this is being followed. η However.printing] [Miles_Malaya.05. or legal representative may properly disclose the contents of such file cabinet without client’s consent RULE 21.comm_law] [Ces_Sicangco/Rowena_Romero. to the disadvantage of his client. A lawyer shall not. it is not considered as disclosure to third persons because members of a law firm are considered as one entity.civ_law] [Hya_Rafael/Mac_Macapagal. The prohibition against a lawyer from divulging the confidences and secrets of his clients will become futile exercise if his clerical aids are given liberty to do what is prohibited of the η A waiver of the privilege must be made in entirety.02. give information from his files to an outside agency seeking such information for auditing. nor shall he use the same to his advantage or that of a third person.secretariat] [Dionne_Sanchez. [Lorybeth_Baldrias. from disclosing or using confidences or secrets of the client. η The client’s secrets which clerical aids of lawyers learn of in the performance of their services are covered by privileged communication.

comm_law] [Ces_Sicangco/Rowena_Romero.acads] [Jam_Jacob. A lawyer may refuse to accept representation of an indigent client if: a) he is not in a position to carry out the work effectively or competently. 4. NOTES (Agpalo) η A lawyer must not only preserve the confidences and secrets of his clients in his law office but also outside including his home. A lawyer. A lawyer may withdraw his services in any of the following case: a) b) c) When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling.civ_law] [Hya_Rafael/Mac_Macapagal.07. By the consultation. accidental revelation of secrets obtained in his professional employment.01 Death of the lawyer Death of cient Discharge or dismissal of the lawyer by the [Lorybeth_Baldrias. A lawyer may withdraw his services only for good cause and upon notice appropriate in the circumstances.printing] [Miles_Malaya. A lawyer shall avoid indiscreet conversation about a client’s affairs even with members of his family.rem_law] [Paul_Sorino/Judy_Ripol. b) he labors under a conflict of interests between him and the prospective client or between a present client and the prospective client. When the lawyer is elected or appointed to public office.  Rule 14. is subject to exception of representation of conflicting interests. (EX.02. including all information necessary for the proper handling of the matter. 3. that is. immediately turn over all papers and property to which the client is entitled.tax_law] . Moreover. contract) Signing of confidentiality RULE 21. NOTES (Agpalo) Causes of Relation Termination of Attorney-Client η This rule clarifies that privilege communication applies even to prospective clients.06 PROHIBITION OF COVERSATION INDISCREET  Rule 21.03.lawyer. A lawyer who withdraws or is discharged shall. A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interests. 104 CANON 22 WITHDRAWAL OF SERVICES FOR GOOD CAUSE  Canon 22. 2.legal_ethics] [Lianne_Gervasio. and Other similar cases. the lawyer already learned of the secrets of prospective client. shall forthwith inform the prospective client. Not every member of the lawyer’s family has the proper orientation and training for keeping client’s confidences and secrets.07 NOT TO REVEAL CONSULTED thereafter actually engage the lawyer.06. THAT LAWYER WAS d) e) f) g)  Rule 21.deputy] [Rhudz_Raymundo. When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement.design] Bobbie_StaMaria. This rule. shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest. of course. and if so. in conferring with a prospective client. RULE 21. subject to a retainer lien. and shall cooperate with his successor in the orderly transfer of the matter.01. Withdrawal of the lawyer under Rule 22.head] [Nayna_Malayang.labor_law] [Miguel_DeJesus.poli_law] [Ascheia_Yumul.  Rule 15. NOTES (Agpalo) Rule 22. the prohibition applies even if the prospective client did not 1.lectures] [Japee_DeLeon. When the client insists that the lawyer pursue conduct violative of these canons and rules. Reckless or imprudent disclosure of the affairs of his clients may jeopardize them. Rule 22. It is not fair if he will not be bound by the rule on privileged communication in respect of matters disclosed to him by a prospective client.secretariat] [Dionne_Sanchez.crim_law] [Vivian_Tan/Justin_Mendoza. When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively. When his inability to work with co-counsel will not promote the best interest of the client. He should avoid committing calculated indiscretion.01.

death of a partner does not terminate atty-client relationship but legal dissolution of corporate client or its insolvency and the appointment of a receiver may bring about that result Death of Attorney η A contract for legal services being personal. 7.client 105 Who may Terminate Attorney-Client Relation 5. the death of the attending lawyer will not terminate the relation.design] Bobbie_StaMaria. it terminates upon death of the lawyer. If lawyer acquired from client interest in the subject matter of litigation before he became involved. Client Client has absolute right to discharge his attorney with or without just cause or even against lawyer’s consent. η Lawyer should inform court promptly about death. transaction is not only null and void (contrary to law) but may subject lawyer to disciplinary action for acquiring that interest.head] [Nayna_Malayang. guardian or other legal rep. 3. 8. which firm appears as counsel for the client.deputy] [Rhudz_Raymundo. However.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero. This relation also concludes upon incapacity of a client during pendency of the litigation. Right to discharge counsel not allowed if intended to extend time to file pleading or to indefinitely avoid trial.civ_law] [Hya_Rafael/Mac_Macapagal. in the discretion of court.tax_law] . Ex. the attorney-client relation terminates as the relationship is personal. Conviction of a crime and imprisonment of lawyer Note: Except for items 2 and 6. intervene in the case to protect his right to fees. he can in his own right and independently of the client’s right intervene as party litigant to protect his interests. Appointment or election of a lawyer to a government position which prohibits private practice of law Full termination of the case Disbarment or suspension of the lawyer from the practice of law Intervening incapacity or incompetence of the client during pendency of case 9.labor_law] [Miguel_DeJesus.lectures] [Japee_DeLeon. parties Limitations on client’s right η Lawyer has right to full payment of compensation agreed in writing if dismissal or substitution is without justifiable cause. administrator.printing] [Miles_Malaya. the reason being that the client loses legal capacity to contract. 1. The firm will continue to appear as counsel for client unless there has been agreement that services were to be rendered only by the said attorney. without consent of transferee. dismiss his attorney. If client has transferred whole of his interests in the litigation pendente lite and case is continued by him without the transferee being substituted in his place. the lawyer has duty to notify the court in case of termination of attorney-client relationship.secretariat] [Dionne_Sanchez. η η η Necessity of notice of discharge η No need for formal notice of discharge as between client and attorney as any act indicating an unmistakable purpose to terminate relation is sufficient. If attorney acquired such interest from client during pendency of litigation. 2.crim_law] [Vivian_Tan/Justin_Mendoza. he may not. if the lawyer is a member of a law firm. incapacity or incompetency of client and to give name and residence of his executor. η Not implied revocation of authority: if another attorney appears without stating that services of prior counsel has been [Lorybeth_Baldrias. η Lawyer may. Existence or nonexistence of a just cause is important only in determining right of an attorney to compensation for services rendered. 6. 4. Death or Incapacity of the Client η Upon the death of the client. Attorney Court Circumstances beyond control of η The death of the administrator or executor of estate does not terminate the relation as the true client in such a situation is the estate and not the estate’s legal representative. η “party” refers to natural and not juridical persons.poli_law] [Ascheia_Yumul. Declaration of presumptive death of lawyer 10. Discharge of an attorney or his substitution by another without justifiable cause will not operate to extinguish the lawyer’s right to full payment of compensation as agreed upon in writing.acads] [Jam_Jacob.rem_law] [Paul_Sorino/Judy_Ripol.

the Motion to Dismiss was not prejudicial but beneficial to him. et al. (2) The client’s written consent is obtained.legal_ethics] [Lianne_Gervasio. Eduardo had no reason to complain. Barrera dismissed complainant as lawyer because she no longer trusted him because she found out that some checks were sent to the complainant instead of her and that several withdrawals were made by complainant in her account without her permission. η Before discharge is recorded in the court. Yuseco.head] [Nayna_Malayang. the severance of the relation of attorney and client is not effective until a notice of discharge by the client or a manifestation clearly indicating that purpose is filed with the court and a copy thereof served upon the adverse party. (3) The written consent of the lawyer to be substituted is secured. Rule 138 of the Rules of Court. η Court however does not take judicial notice. had there been any irregularity. at the discretion of the court. the lawyer’s power is limited to (1) making that fact known to court and to adverse party. In the present case. the client had already filed with the court a pleading discharging the complainant.rem_law] [Paul_Sorino/Judy_Ripol. the application for substitution must carry proof that notice of the motion has been served on the attorney to be substituted in the manner required by the Rules. Remotigue (1962) supra at Rule 8. if it can still be. If attorney reappears to file pleading. Atty. His qualification to public office terminates attorney-client relationship. client condemned conduct of original counsel η η Notice necessary and a copy must be served as to court and adverse party.deputy] [Rhudz_Raymundo. Also.printing] [Miles_Malaya. But insofar as the court and other party are concerned. Exception: to prevent failure or miscarriage of justice η η Acceptance of incompatible office η Lawyer who accepts public office ceases.comm_law] [Ces_Sicangco/Rowena_Romero. Obando now alleges that trial court should not have acted on the motion filed by Atty.dispensed with by client or in pleading by new counsel.secretariat] [Dionne_Sanchez. This motion was granted. not by Obando. As for the respondents.  Obando v.crim_law] [Vivian_Tan/Justin_Mendoza. In any case. Eduardo manifested that he had been tricked by Petitioner Obando into signing the aforesaid Compromise Agreement.civ_law] [Hya_Rafael/Mac_Macapagal. H: The solicitor general found that before respondents filed their appearance. it should have been raised by Eduardo. The fact that complainant was not able to get a copy was not the fault of respondents.design] Bobbie_StaMaria. Yuseco. Counsel may be validly substituted only if the following requisites are complied with: (1) New counsel files a written application for substitution. Barrera had dispensed of the complainant’s services and after the petitioner had voluntarily withdrawn. it is presumed that he has been reemployed.lectures] [Japee_DeLeon. and to (2) preserving and protecting client’s interest until final discharge or new counsel enters appearance. He cannot pretend to continue representing client. Without a withdrawal or manifestation. court may regard him as counsel of record upon whom written notice may be served which will bind the client. Figueras (2000) F: Eduardo’s counsel. by operation of law.labor_law] [Miguel_DeJesus. himself. H: Representation continues until the court dispenses with the services of counsel in accordance with Section 26. Complainants’ withdrawal and his filing of a motion for the payment of his attorney’s fees estop him from now complaining that the appearance of respondent Patlinghug is unprofessional. Yuseco filed a Motion to Dismiss against Obando’s petition to [Lorybeth_Baldrias. There is no irregularity in the appearance of respondents as counsel. The Court held that the trial court could act on the motion filed by Atty. to engage in private practice and becomes disqualified from continuing to represent a client in those cases which the law prohibits him from doing so or requires his entire time to be at the disposal of the government. an attorney who has already been dismissed by the client is allowed to intervene in a case in order to protect the client’s rights.poli_law] [Ascheia_Yumul.01 106 Effect of discharge of attorney η Discharge of attorney must be made known to the court and adverse party through a formal notice.  F: Laput v. if the written consent can no longer be obtained. If client has not filed notice of discharge. nullify sale of a land. Yuseco because he no longer represented Eduardo.acads] [Jam_Jacob. This is unnecessary between the lawyer and client. In fact. it was found that Mrs. Court is convinced that Eduardo did not dismiss Atty. they only entered their appearance after Mrs.tax_law] . lawyer should file notice of withdrawal with client’s conformity or application to retire from case.

01.acads] [Jam_Jacob. counsel for accused should not ask to be relieved on mere trivial ground.η RULE 22. Lawyer may retire from action with written consent of client filed in court and a copy served to adverse party. compliance with formalities is necessary since it involves ethical considerations Requirements for substitution 1) written application for substitution 2) written consent of client 3) written consent of attorney to be substituted η η Grounds for withdrawal without client’s consent [Lorybeth_Baldrias. If there’s no new counsel yet. When his inability to work with co-counsel will not promote the best interest of the client.civ_law] [Hya_Rafael/Mac_Macapagal.deputy] [Rhudz_Raymundo. When the client insists that the lawyer pursue conduct violative of these canons and rules. nor court approval 2) attorney may initiate move by withdrawing his appearance with written consent of client or with leave of court on some justifiable ground 3) substitution of counsel in the form of application for that purpose: constitutes an appearance of the substituting counsel and is a polite way of effecting change. except under peculiar circumstances. A lawyer may withdraw his services in any of the following case: η Other similar instances include: conflict of interests.printing] [Miles_Malaya. ethical proscription against lawyer acting as witness and advocate at the same time. court will not relieve lawyer without notice to client. η Ordinarily. and Other similar cases.01 GOOD CAUSES FOR WITHDRAWAL OF SERVICES  Rule 22. Lawyer should not presume petition for withdrawal will be granted. Such withdrawal does not require approval of court to take effect especially if new counsel has entered appearance.01. Lawyer’s right and duty to extend the best legal assistance to an accused demand that he continue representing him irrespective of his personal opinion as to his client’s guilt.lectures] [Japee_DeLeon.secretariat] [Dionne_Sanchez.labor_law] [Miguel_DeJesus. η η Change or Substitution of Counsel Change of counsel 1) client discharges attorney with or without cause: no consent or notice to lawyer needed. η NOTES (Agpalo) η Lawyer cannot just withdraw from case since he has impliedly stipulated that he will prosecute case to conclusion and he owes the duty to assist in administering justice as an officer of the court.tax_law] . Any notice served upon lawyer is notice to and is binding upon client. When the lawyer is elected or appointed to public office. lawyer should file petition for withdrawal in court and he must serve copy of his petition upon his client and the adverse party at least 3 days before date set for hearing. He should also give time to client to secure services from another lawyer in the case from which he is withdrawing. The grounds for withdrawal without client’s consent are enumerated in Rule 22. determines that he ought to be allowed to retire on good cause. He must still appear on date of hearing since attorneyclient relationship does not terminate formally until there is a withdraw of record.rem_law] [Paul_Sorino/Judy_Ripol. When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement.design] Bobbie_StaMaria.crim_law] [Vivian_Tan/Justin_Mendoza. on notice to the client and the attorney and on hearing. Procedure for withdrawal η If without written consent from client.head] [Nayna_Malayang. when lawyer finds it impracticable or difficult to perform duties due to client’s actions. court may require lawyer’s withdrawal be held in abeyance until appearance of new counsel.poli_law] [Ascheia_Yumul.comm_law] [Ces_Sicangco/Rowena_Romero. Nor may he retire from action because accused has confessed to him his guilt. Lawyer may retire from case without client’s consent if court. In criminal case. When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively. 107 a) b) c) d) e) f) g) When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling.legal_ethics] [Lianne_Gervasio.

* in case written consent of attorney cannot be secured, proof of service of notice of application upon attorney to be substituted. ** in case of death of original attorney, additional requirement of verified proof of death necessary η usually initiated by substituting counsel hence the need to obtain conformity of original lawyer or at least notice to original lawyer of substitution consent of original lawyer or notice requirement is designed to afford the lawyer the opportunity to protect his right to attorney’s fees. If he gives consent, it is presumed he has settled that question. If not, he can ask in same action that his chance to have his right to attorney’s fees be preserved and protected.

108
H: A lawyer shall withdraw his services only for good cause and upon notice appropriate in the circumstances; a lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice or fraud. Atty. Dealca’s withdrawal was unjustified as complaint did not deliberately fail to pay him the attorney’s fees. In fact, complainant exerted honest efforts to fulfill his obligation. Respondent’s contemptuous conduct does not speak well of a member of the bar considering that the amount owing to him was only P3,500.00.  Domingo v. Aquino (1971) F: Atty. Unson, the estate’s counsel, denied having received notice and copy of CFI judgment rendering a favorable decision to Aquino’s money claim. The estate’s new administrator wants to file motion for reconsideration and prays that copy of CFI decision be given to her counsel and not to Atty. Unson, former special administrator’s counsel. The court held that Atty. Unson was the estate’s counsel and that notice of judgment had been duly served. H: Party in the subject case was the intestate estate of the deceased Luis C. Domingo, Sr. and that Atty. Unson represented the estate as counsel in the said case. The fact that Luis Domingo Jr was administrator when legal services of Unson was availed of does not make Unson the counsel for Luis Domingo Jr. Thus, notwithstanding Luis’ removal as administrator, Atty. Unson continued to represent the estate as counsel in the appellate court. He continued to be authorized to represent the estate as its counsel, until the new administrator should terminate his services which she never did. The court was never informed of change in counsel or partyadministrator. RULE 22.02 DUTIES OF A LAWYER WHO WITHDRAWS  Rule 22.02. A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all papers and property to which the client is entitled, and shall cooperate with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of the matter.  Rule 16.03. A lawyer shall deliver the funds and property to his client when due or upon demand. However, he shall have a lien

η

Effects of Defective Substitution η A defective substitution is one which lacks any of the requisites for a valid substitution.

η

It does not effect a change of counsel; nor constitute an appearance of new lawyer, both of whom shall be deemed counsel of record; pleadings filed by the new lawyer deemed effective. Employment of additional counsel η Client has right to as many lawyers as he can afford. Client’s proffer of assistance of additional counsel should not be regarded as evidence of want of confidence. η Professional courtesy requires that a lawyer retained as collaborating counsel should at least communicate with counsel of record before entering his appearance and should decline association if objectionable to original counsel. But if first lawyer is relieved by client, another lawyer may come into the case.

η

 Montano v. IBP (2001) F: Atty. Dealca and Montano agreed that 50% attorney’s fees shall be paid upon case acceptance and the other half upon its termination. Despite agreement, Atty. Dealca asked for payment of balance during the course of case. Upon failure to give balance of P3,500, Dealca withdrew appearance as counsel. The Court found that Dealca had not withdrawn for good cause.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads] [Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law]

over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court. NOTES (Agpalo) Duties of a Discharged Lawyer or One who Withdraws 1. Immediately turn over all papers and property to which the client is entitled and cooperate with successor in the orderly transfer of the matter, including all information necessary for the proper handling of the matter. 2. cooperate with the succeeding lawyer in orderly transfer of case Lawyer’s withdrawal or discharge shall be without prejudice to his attorney’s lien η Purpose of Rule 22.02 (lawyer entitled to retaining lien) and Rule 16.03 (lawyer entitled to retaining and charging lien) is to insure payment of lawyer’s professional fees and the reimbursement of his lawful disbursements in keeping with his dignity as an officer of the court. 1. 2. Kinds of Liens Retaining Lien (general lien) Charging Lien (special lien)

gets possession of the funds, papers, documents, property Notice Client need not be notified to make it effective Applicability May be exercised before judgment or execution, or irregardless thereof

for attorney’s fees had been entered into the records of the case Client and adverse party need to notified to make it effective

109

Generally, it is exercisable only when the attorney had already secured a favorable judgment for his client * Sourced from Pineda’s Annotations. Retaining Lien η A retaining lien is the right of an attorney to retain the funds, documents and papers of his client which have lawfully come into his possession until his lawful fees and disbursements have been paid and to apply such funds to the satisfaction thereof. It is a general lien for the balance of the account due to the attorney from client for services rendered in all matters he may have handled for the client, regardless of outcome. It is dependent upon and takes effect from time of lawful possession and does not require notice thereof upon client and the adverse party to be effective. Passive right and cannot be actively enforced; amounts to a mere right to retain funds, documents and papers as against the client until the attorney is fully paid his fees. However, lawyer may apply so much of client’s funds in his possession to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. Reason and essence of lien: inconvenience or disadvantage caused to the client because of exercise of such lien may induce client to pay the lawyer his fees and disbursements.

η

η

η

Retaining Lien Nature Passive lien. It cannot be actively enforced. It is a general lien. Basis Lawful possession of funds, papers, documents, property belonging to client Coverage Covers only funds, papers, documents, and property in the lawful possession of the attorney by reason of his professional employment Effectivity As soon as the lawyer

Charging Lien Active lien. It can be enforced by execution. It is a special lien. Securing of a favorable money judgment for client Covers all judgments for the payment of money and executions issued in pursuance of such judgment

η

Requisites for validity (of retaining lien) 1. attorney-client relationship 2. lawful possession by lawyer of the client’s funds, documents and papers in his professional capacity 3. unsatisfied claim for attorney’s fees or disbursements Presence of all requirements makes counsel’s right to retain funds and muniments of title of the client in his possession until payment of his

As soon as the claim

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads] [Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law]

fees incontestable. Attorney cannot be compelled to surrender them without proof of payment or, in appropriate cases, without requiring that client put up an adequate security for their satisfaction. Property to which lien attaches η All property, papers, books, documents or securities of the client that lawfully come to the lawyer professionally or in the course of his professional employment, not necessarily in connection with a particular case but any case or matter handled for the client η Client’s money which comes into his possession by way of a writ of execution ordered by the court or funds collected by the attorney for his client in the course of his employment, whether or not upon a judgment or award. Element constitutive of retaining lien: that funds, documents and papers of client come into lawyer’s possession in his professional capacity (as a lawyer) Does not attach to: funds, documents and papers which come into lawyer’s possession in some other capacity; funds, documents and papers of client’s principal; subject matter of the action which court adjudged in favor of client’s adversary; documents introduced as exhibits in court

110
η Exception: court may require surrender of such funds, documents and papers but only after client posts adequate bond or security to guarantee payment of lawyer’s fees. Otherwise: grave abuse of discretion or authority because it is court’s duty to protect, not destroy, attorney’s lien

Extinguishment of retaining lien η Retaining lien expires when possession lawfully ends, as when the lawyer voluntarily parts with funds, documents or papers of client or offers them in evidence in court.

η

If such were improperly or illegally taken from custody of attorney, his lien is not lost unless by his act or omission he waives his right. Mandamus will lie to restore possession.

η

η

Satisfaction of lien η If client does not dispute claim and amount for atty’s fees: lawyer need not file action to enforce retaining lien; he may lawfully apply client’s funds in satisfaction of his claim for atty’s fees; he only needs to send client accounting and remitting the balance, if any, to the client. η If client questions right and amount to atty’s fees: lawyer should file necessary action or motion to fix the amount of fees and can apply client’s fund to pay his fees only after final adjudication of such action. Otherwise, he may be liable for misappropriation of funds.

When lien attaches η Retaining lien attaches from the moment the attorney lawfully obtains and retains possession of the funds, documents and papers of the client and does not depend on notice being entered in the record of the case and copy served on adverse party. η That client transfers property evidenced or covered by the document or title in the lawful possession of the client’s attorney does not defeat the retaining lien. Lawyer’s position is similar to that of creditor who holds lien over the property and the clientdebtor must discharge the lien before he can dispose of the property to third persons. Retaining lien not affected by existence of dispute as to the amount of attorney’s fees.

Charging Lien η A charging lien is a right which the attorney has upon all judgments for the payment of money and executions issued in pursuance thereof, secured in favor of his client. Covers only services rendered by attorney in the action in which the judgment was obtained and takes effect only after a statement of claim has been entered upon record of the particular action with written notice to his client and adverse party. A charging lien is a special lien in a particular case and presupposes favorable judgment secured for the client in that particular case. Gives attorney who secured or contributed some effort to secure favorable judgment same right and power as his client over such judgments and executions to enforce lien and secure payment of fees and disbursements.

η

η

Bond for return of documents η General rule: attorney retaining lien unconstestable once it has lawfully attached to funds, documents and papers of the client, hence, court may not compel lawyer to surrender such without prior proof of satisfaction of fees

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads] [Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law]

It gives lawyer same right and power as client over such judgment and is based on equity. which takes place only after a judgment is secured in favor of client. Notice of lien on confers upon the determine lien. statement of his claim has been duly recorded in the case with notice thereof served upon the client and adverse party η Lawyer asserting claim need not be the one that concluded the action. all parties interested court jurisdiction to 111 η η η η Requisites for validity of charging lien 1.deputy] [Rhudz_Raymundo. attorney has a claim for attorney’s fees or advances 5. η Recordal and notice of charging lien η Attorney’s charging lien takes effect from and after the time the attorney has caused a notice of his lien to be duly entered in the records of the case.civ_law] [Hya_Rafael/Mac_Macapagal.lectures] [Japee_DeLeon. It is at most a personal claim enforceable by a writ of execution. in payment of his professional fees and disbursements.poli_law] [Ascheia_Yumul.head] [Nayna_Malayang.comm_law] [Ces_Sicangco/Rowena_Romero. In case of dispute. it is enough that he has rendered some services at any stage of the proceeding.design] Bobbie_StaMaria. It is limited only to money judgments and presupposes that attorney secured favorable money judgment for his client. neither can he contest the validity of the lien. must be applied to satisfy a legitimate debt of the client. η It does not depend upon possession of judgment recovered nor is it of a nature which attaches to the property in litigation.acads] [Jam_Jacob. [drama] It is a device invented by law for the protection of attorneys against the knaveries of their clients by disabling them from receiving the fruits of recoveries without paying for the valuable services by which the recoveries were obtained. The lien does not extend to property of client in the hands of an officer of court. To what charging lien attaches η Charging lien attaches to the judgment for the payment of money and the executions issued in pursuance of such judgment (i. attorney has rendered services 3.tax_law] . it should be made while the court still has jurisdiction over case and before full satisfaction of judgment. Lawyer may record his claim before rendition of judgment (to establish his right to lien). η That the amount of attorney lien is unliquidated does not militate against its establishment as it is not necessary to the existence of the lien that the amount due the lawyer be fixed.crim_law] [Vivian_Tan/Justin_Mendoza. the charging lien gives the lawyer the right to collect. Recordal may be entered before judgment is made but it could only be enforced after a judgment is rendered. money judgment favorable to the client has been secured in the action 4. the court shall hear the parties and determine the lawyer’s right to the charging lien and the amount. η The lien does not comprise sums of money which according to the same judgment. a certain amount from out of the judgment or award rendered in favor of client.Nature and essence of charging lien η A charging lien is an abstract but potential right made active and operative by recording a statement of claim in the case and serving notice thereof upon the client and the adverse party. Adverse party who should be notified of the claim for atty’s fees is one whose interest is adverse to the claim presented or the judgment debtor against whom the client secures a favorable judgment.rem_law] [Paul_Sorino/Judy_Ripol.e.secretariat] [Dionne_Sanchez.labor_law] [Miguel_DeJesus. For the recordal to be valid. as opposed to enforcement Effects of charging lien η Similar to collateral security or a lien on real or personal property. A lawyer cannot have preference over and better right than the judgment creditor (his client) in the payment of professional fees. attorney-client relationship 2.legal_ethics] [Lianne_Gervasio. He has same right and power as his client to enforce his lien and secure payment. Purpose of notice to adverse party: to bind adverse party/judgment debtor since the latter is a stranger to the contract for professional fees between judgment creditor and his lawyer.printing] [Miles_Malaya. η A copy of the statement of claim is served upon client to give him the opportunity to object to the lien or to the amount of attorney’s fees claimed by lawyer. money judgments). Adverse party cannot raise lack of or defective notice to client as a defense. η Charging lien follows proceeds of the judgment obtained for the client in the case [Lorybeth_Baldrias. A copy is also served to the adverse party so that the charging lien shall bind him.

secretariat] [Dionne_Sanchez. In such a case.legal_ethics] [Lianne_Gervasio. Remedy: file separate civil action η η Client cannot defeat attorney’s right to charging lien by dismissing case.crim_law] [Vivian_Tan/Justin_Mendoza.lectures] [Japee_DeLeon. upon proper motion. At all events. terminating services of counsel. Satisfaction of judgment η Satisfaction judgment in favor of client does not by itself extinguish the attorney’s charging lien. a third party who obtains a jugment against atty’s client before the atty’s lien comes into being has preference over the lawyer. declared and enforced by the court which has jurisdiction of the case by filing proper motion before judgment for client is satisfied. or assigning the subject matter thereof. and (2) when termination or dismissal is upon instance of adverse party. Assignee steps into shoes of lawyer and enjoys all rights of the latter in the charging lien. becomes liable to the extent of lawyer’s claim. 112 η η η η Extinguishment of charging lien η Charging lien extinguished when client loses action.rem_law] [Paul_Sorino/Judy_Ripol. lawyer must both allege and prove that the amount claimed is unpaid and that it is reasonable and just with notice served upon client and adverse party/judgment debtor. except: (1) when lawyer waives his right by acts or omissions. η Lawyer may have his charging lien established. Attorney need not be a party to the action but in a proper case.labor_law] [Miguel_DeJesus. satisfies judgment debt without reserving funds to pay attorney’s fees may be liable for full value of the lien. Charging lien may be enforced.head] [Nayna_Malayang. upon motion of the attorney. the court may. Without a valid written contract fixing the amount of professional fees.wherever they may be and whoever received them. compromising his action. If satisfaction was made in disregard of attorney’s right when notice had been previously given to judgment debtor. exact amount of attorney’s fees should be determined before enforcing lien.printing] [Miles_Malaya.poli_law] [Ascheia_Yumul. court must first resolve that question in full dress trial before it should order registration of charging lien. A lawyer’s duly recorded charging lien enjoys preference of credit over that of a creditor who subsequently recorded it. Conversely. Notice of charging lien or petition filed for its registration in the record of the case that confers jurisdiction upon court. for disregarding charging lien properly served on him. waiving his cause or interest in favor of adverse party. vacate such satisfaction and enforce the lien by issuing a writ of execution for the full amount against judgment debtor. η Judgment debtor who.tax_law] . he may be permitted to intervene. in disregard of charging lien. it is proper for lawyer to file petition in his own name against both plaintiff and defendant setting the particulars of his claim and lien. Exception: when assignment carries breach of attorney’s duties to preserve client’s confidence inviolate. Exception: purchaser in good faith. by execution against (1) client who receives proceeds of judgment without paying his lawyer. When client contests attorney’s right to receive compensation or the amount thereof.design] Bobbie_StaMaria. η Satisfaction of judgment will extinguish charging lien when lawyer waives right thereto either by active conduct or by passive omission.comm_law] [Ces_Sicangco/Rowena_Romero. Client who fails to contest will be bound by attorney’s claim even though it may appear unjust. Lien survives death of client and need not be enforced in the settlement of the client’s estate. and (2) judgment debtor who. η Assignment of charging lien η General rule: attorney’s charging lien may be assigned or transferred without preference being extinguished.deputy] [Rhudz_Raymundo. η NEW CODE OF JUDICIAL CONDUCT CANON 1 INDEPENDENCE Enforcement [Lorybeth_Baldrias.civ_law] [Hya_Rafael/Mac_Macapagal.acads] [Jam_Jacob.

The law plainly and unequivocably provides that "[w]hen by reason or on the occasion of rape. Judges shall refrain from influencing in any manner the outcome of litigation or dispute pending before another court or administrative agency. and influence by.acads] [Jam_Jacob. pressure. The prestige of judicial office shall not be used or lent to advance the private interests of others. a homicide is committed. Canon 1. 2. inducement. it is its bounden duty to emphasize that a court of law is no place for a protracted debate on the morality or propriety of the sentence.printing] [Miles_Malaya. 7659. 1. 7659. social.tax_law] . in place of the original penalty (reclusion perpetua). A government of laws. Judicial independence is a pre-requisite to the rule of law and a fundamental guarantee of a fair trial.deputy] [Rhudz_Raymundo. 6. 3. but must also appear to be free therefrom to a reasonable observer. Sec. In the case at bench. Sec.rem_law] [Paul_Sorino/Judy_Ripol.poli_law] [Ascheia_Yumul. Eisma (1975) F: Respondent Municipal Judge Carlito A. In performing judicial duties. from any quarter or for any reason. Sec.secretariat] [Dionne_Sanchez. The SC found that the respondent judge acted with grave abuse of discretion and in excess of jurisdiction when he failed and/or refused to impose the mandatory penalty of death under R. Judges shall not only be free from inappropriate connections with. he was bound by its provisions. Sec. the executive and legislative branches of government. after finding the accused guilty of the crime of Rape with Homicide. where the law itself provides for the sentence of death as a penalty in specific and well-defined instances. Sec.crim_law] [Vivian_Tan/Justin_Mendoza. Judges shall exhibit and promote high standards of judicial conduct in order to reinforce public confidence in the judiciary which is fundamental to the maintenance of judicial independence. If judges.comm_law] [Ces_Sicangco/Rowena_Romero. not of men excludes the exercise of broad discretionary powers by those acting under its authority. 5. While this Court sympathizes with his predicament. Judges shall not allow family. under the guise of religious or political beliefs were allowed to roam unrestricted beyond boundaries within which they are required by law to exercise the duties of their office. Eisma is charged by complainant Hadjirul Tahil with dishonesty in not reporting regularly to his [Lorybeth_Baldrias.legal_ethics] [Lianne_Gervasio.lectures] [Japee_DeLeon." We are aware of the trial judge's misgivings in imposing the death sentence because of his religious convictions. the City Prosecutor of Manila filed a Motion for Reconsideration. Sec.head] [Nayna_Malayang. Veneracion (1995) F: Judge Veneracion finding the defendants Henry Lagarto and Ernesto Cordero guilty beyond reasonable doubt of the crime of Rape with Homicide and sentenced both accused with the "penalty of reclusion perpetua with all the accessories provided for by law. Judges shall be independent from judicial colleagues in respect of decisions which the judge is obliged to make independently. Sec. direct or indirect. praying that the Decision be "modified in that the penalty of death be imposed" against respondents Lagarto and Cordero.design] Bobbie_StaMaria. 8.  Tahil v. 7 Judges shall encourage and uphold safeguards for the discharge of judicial duties in order to maintain and enhance the institutional and operational independence of the judiciary. EXERCISE JUDICIAL INDEPENDENTLY FUNCTION 113  People v. the penalty shall be death. respondent judge. H: Obedience to the rule of law forms the bedrock of our system of justice. nor convey or permit others to convey the impression that they are in a special position to influence the judge.A. Judges shall be independent in relation to society in general and in relation to the particular parties to a dispute which he or she has to adjudicate. after weighing the evidence of the prosecution and the defendant at trial found the accused guilty beyond reasonable doubt of the crime of Rape with Homicide. or other relationships to influence judicial conduct or judgment. threat or interference.civ_law] [Hya_Rafael/Mac_Macapagal. 4. free of any extraneous influence. Since the law in force at the time of the commission of the crime for which respondent judge found the accused guilty was Republic Act No." Disagreeing with the sentence imposed. RE: SEC 1. then law becomes meaningless. Sec. Judges shall exercise the judicial function independently on the basis of their assessment of the facts and in accordance with a conscientious understanding of the law. A judge shall therefore uphold and exemplify judicial independence in both its individual and institutional aspects.labor_law] [Miguel_DeJesus.

Judge de Guzman approached Judge Cosico at least twice asking him to cancel the notice of lis pendens. REFRAIN FROM INFLUENCING OUTCOME OF LITIGATION OR PROCEEDING  OCA v. He subsequently canceled the bond and ordered the re-arrest of the accused after the public prosecutor filed a motion for reconsideration. Respondent could have informed complainant about the habeas corpus proceedings at an earlier stage by simply furnishing him a copy of the first order.crim_law] [Vivian_Tan/Justin_Mendoza. contrary to the recitals of his daily time record. The amount that the respondent mentioned was what the complainant was going to spend for a lawyer. despite his belief that the evidence of guilt against the accused was strong is indeed reprehensible.deputy] [Rhudz_Raymundo. trying to influence the course of the litigation in the case in violation of Code of Judicial Conduct. According to the findings of the investigating judge: the filing of this complaint is motivated by hatred. deGuzman (1997) F: Judge Cosico denied a party’s motion to cancel notice of lis pendens. Later. H: The discretion of the court to grant bail must be based upon the Court’s determination as to WON the evidence of guilt is strong. Complainant’s anger stems from the disapproval of the bail bond he brought for his nephew. this court has no basis to impose a fine upon respondent. Judge de Guzman approached him and asked him to grant motion to lift notice of lis pendens. He initially dismissed it and a motion for reconsideration was filed. The Court found that  Contreras v. and in the absence of any specific finding that respondent gravely abused his discretion in granting bail to the accused. But it is not clear WON a summary hearing was conducted by respondent Judge for the purpose of bail and. on the basis of the evidence submitted.labor_law] [Miguel_DeJesus.secretariat] [Dionne_Sanchez. complainant had a meeting with respondent inside the latter's office at around 7 am (at this hour. Thereupon. anger and revenge on the part of the complainant. thereby.printing] [Miles_Malaya.lectures] [Japee_DeLeon. When case was reraffled due to Cosico’s retirement. granted bail to the accused. respondent was not specifically charged and investigated in this regard. The SC found that the respondent’s act of granting bail upon the request of a congressman was reprehensible. Being the dispensers of justice. It appeared to complainant that what the respondent was actually saying was that if the former was willing to pay the same amount.office. The investigating officer however was not convinced. Respondent insists that the purpose of such meeting was to inform the complainant of the motion for reconsideration so he could participate. The SC thus admonished him.poli_law] [Ascheia_Yumul.comm_law] [Ces_Sicangco/Rowena_Romero. Moreover. the annotation of lis pendens was eventually cancelled by Judge de Guzman. after the accused filed his motion for reconsideration on the denied petition. Upon investigation. despite his belief that the evidence of guilt against the accused was strong. Respondent informed complainant of the motion for reconsideration filed by the accused and his willingness to pay P25000 as bail bond.rem_law] [Paul_Sorino/Judy_Ripol. the complainant filed this administrative complaint. It appears however that respondent admitted having granted bail to an accused upon the request of a congressman. Respondent presided over the petition. He did not ask any money from the complainant and the latter admits that he did not give any. When motion was denied. 114 RE: SEC 3. respondent ordered the release of the accused upon posting of a P25000 cash bond. Cosico said that while he was hearing the case. This discretion may only be exercised after the evidence is submitted at the summary hearing conducted pursuant to Sec 7 of Rule 114 of the Rules. But this disapproval is warranted due to the non-appearance of bondsmen. court employees are not yet in for work).acads] [Jam_Jacob.design] Bobbie_StaMaria.tax_law] . judges should not act in a way that would suspicion in order to preserve faith in the administration of justice. Judge de Guzman tried to influence the outcome of the case. Respondent’s admission that he granted bail to an accused upon the request of a congressman. Solis (1996) F: One Rufino Mamangon was charged for the murder of complainant's brother. H: YES. According to the assigned investigating officer. Judge de Guzman was said to have come back to Cosico’s office asking him (Cosico) to reconsider order of denial.legal_ethics] [Lianne_Gervasio.head] [Nayna_Malayang. the accused would not be released. Why did he wait at the last working hour on a Friday to schedule a meeting on 7 am Monday? The acts of [Lorybeth_Baldrias. His anger is because he expected the judge to approve the bail bond simply because they are friends. Act of interference by Judge de Guzman with the subject case pending in the sala of Judge Cosico clearly tarnishes the integrity and independence of the judiciary and subverts the people’s faith in the judicial process. The accused Mamangon however was not released and so a petition for habeas corpus was filed.civ_law] [Hya_Rafael/Mac_Macapagal. The RTC dismissed the case for lack of jurisdiction.

printing] [Miles_Malaya. The actuation of respondent Judge of eating and drinking in public places with a lawyer who has pending cases in his sala may well arouse suspicion in the public mind. A judge should behave at all times as to inspire public confidence in the integrity and impartiality of the judiciary.design] Bobbie_StaMaria.rem_law] [Paul_Sorino/Judy_Ripol. Constant company with a lawyer tends to breed intimacy and camaraderie to the point that favors in the future may be asked from respondent judge which he may find hard to resist. such action certainly gave rise to questions of honesty. Zantua (1994) F: Mayor Padilla charged Judge Zantua. It must be clearly shown that such judgment was unjust as being contrary to law and the judge rendered it with conscious and deliberate intent to do injustice. thus tending to erode the trust of the litigants in the impartiality of the judge. The SC held that the respondent judge was guilty of serious irregularities and grave misconduct in the performance of his official duties for manifest partiality in favor of a litigant and fraternizing with lawyers who have pending cases in his sala. This can also be implied. according to the investigating officer lends to suspicions of dishonesty. the investigating officer found that the respondent committed errors. H: As to the alleged extortion: The respondent's seemingly benign conduct of meeting with the complainant to advise him of a pending case is puzzling since the records do not show any reason that would justify respondent's special interest/concern over the complainant.tax_law] .crim_law] [Vivian_Tan/Justin_Mendoza. As to the order issued by the judge to release the accused upon bail and the subsequent cancellation of the bail and rearrest.deputy] [Rhudz_Raymundo. REFRAIN FROM BEING INFLUENCED BY FAMILY.comm_law] [Ces_Sicangco/Rowena_Romero. it appears that the legal basis used by the judge were incorrectly applied. but also in the province of Camarines Norte. The court is unable to find a clear and definite connection between the attempt at extortion and the subsequent issuance of the erroneous orders.secretariat] [Dionne_Sanchez. This eventuality may undermine the people's faith in the administration of justice. and be free from any appearance [Lorybeth_Baldrias. with serious irregularities and grave misconduct in the performance of his official duties for: (1) failure to decide cases within the prescribed period. SOCIAL OR OTHER RELATIONSHIPS 115  Padilla v. (2) unreasonable delay in the disposition of cases which have been prejudicial to litigants. some have not even been tried and because of delays in the disposition of these cases and the perceived partiality of respondent Judge for Atty. an erroneous decision cannot be the sole basis for disciplining a judge. nor convey or permit others to convey the impression that they are in a special position to influence the judge.labor_law] [Miguel_DeJesus. H: Respondent Judge does not deny his close friendship and association with Atty. The respondent cannot be held liable for an erroneous order. Schneider.the respondent. It would be unjust to presume wrong intentions on the part of the respondent. Augusto Schneider is the only lawyer in the locality. the people's confidence in the judiciary is being eroded.lectures] [Japee_DeLeon. Respondent Judge denies that he is fraternizing with lawyers with pending cases in his sala. was supposed to have been set free. Whatever may have been respondent's motive in meeting with the complainant. A bond was not necessary since the accused. he is the only lawyer in the Municipality and it is but natural for respondent Judge to be friendly with him but maintains that their friendship has never been a hindrance to the proper disposition of the cases in his sala as his impartially is known not only in the Municipality of Jose Panganiban. However.civ_law] [Hya_Rafael/Mac_Macapagal.acads] [Jam_Jacob. after the dismissal of the criminal case. As a judicial officer he should avoid the slightest hint of anomaly and corruption. The SC agreed with the findings of the investigating officer. A proposal to pay the judge need not only be stated expressly. Augusto Schneider. Mayor Padilla complains that these cases have been pending since. Respondent's pretended innocence of the message perceived by complainant is unconvincing considering the fact that he has been in the practice of law for years. We find this case an occasion to remind members of the Judiciary to so conduct themselves as to be beyond reproach and suspicion.head] [Nayna_Malayang. (3) manifest partiality in favor of a litigant and (4) fraternizing with lawyers who have pending cases in his sala. With regard to the erroneous orders. explaining that in the case of Atty. 1991. Schneider. Issuing it was an official act and is presumed to have been done in good faith. RE: SEC 4. She recommends that respondent be advised to avoid such occasions.poli_law] [Ascheia_Yumul. The prestige of judicial office shall not be used or lent to advance the private interests of others. It is of no moment that Atty. A reasonable person would deduce that respondent's mention of the potency of the accused's motion for reconsideration and the amount that the complainant would spend for an attorney means that the respondent is actually suggesting that complainant should just give the money to respondent for a favorable decision.legal_ethics] [Lianne_Gervasio. He should conduct himself in a manner to avoid any suspicion of irregularity.

Because it is. or as other authorities say. Judge Teh issued a resolution adverse to the client of complainant. and without any force nor effect for the following reasons. 116 3. it admits. The reason advanced for the pretended classification of candidates. He questioned the resolution via certiorari with the COMELEC. a judgment revoking the resolution of this Court on the petitions of these 810 candidates.crim_law] [Vivian_Tan/Justin_Mendoza.legal_ethics] [Lianne_Gervasio.acads] [Jam_Jacob. or Congress has exceeded its powers. because they create or establish arbitrary methods or forms that infringe constitutional principles. the law is contrary to public interest because it qualifies 1. In attempting to do it directly RA 972 violated the Constitution. 972 is unconstitutional and therefore. honor and civil liberties.civ_law] [Hya_Rafael/Mac_Macapagal. only this Court and no other may revise and alter them. 2. While case was pending in the COMELEC. which the law makes. As has already been seen. a judge whose order is challenged in an appellate court does not have to file any answer or take active part in the proceeding unless expressly directed by order of this court. To the legal profession is entrusted the protection of property.deputy] [Rhudz_Raymundo. as was exactly found by this Court in the aforesaid years. being merely a nominal or formal party in the certiorari proceedings is not called for. Macalintal related to the Court in a letter the actuations of Judge Teh. to wit: 1. Complainant filed a motion for inhibition but instead. therefore. RE: SEC. life. the contested law suffers from these fatal defects.tax_law] . and although it is admitted that this Tribunal may reconsider said resolution at any time for justifiable reasons. both in his/her behalf and in behalf of the Court or judge whose order or decision is at issue. H: Evidently.labor_law] [Miguel_DeJesus.of impropriety in their personal behavior not only in the discharge of their official duties but also in their everyday life.094 law graduates who confessedly had inadequate preparation for the practice of the profession. because they are not within the legislative powers of Congress to enact. the active participation of the respondent judge. alter and supplement the rules on admission to the Bar. Congress has exceeded its legislative power to repeal. By its declared objective. R-95-001.rem_law] [Paul_Sorino/Judy_Ripol. that the ultimate power to grant license for the practice of law belongs exclusively to this Court. and who. and third. Public confidence in the Judiciary is eroded by irresponsible or improper conduct of judges. It is undoubtedly a class legislation. The SC found that Judge Teh’s actuations eroded public confidence in the administration of justice. void.  In re Cunan (1954) RA 972 (the bar flunkers act) has for its object to admit to the Bar. Teh hired his own lawyer and filed answer before the court with prayer. as was exactly found by this Tribunal in the aforesaid examinations. second. When complainant filed for respondent’s inhibition. Respondent judge should [Lorybeth_Baldrias. Because its declared purpose is to admit 810 candidates who failed in the bar examinations of 1946-1952. Laws are unconstitutional on the following grounds: first. we are of the opinion and hereby declare that RA. Summarizing. A judge must avoid all impropriety and the appearance thereof. merely to fix the minimum conditions for the license. is contrary to facts which are of general knowledge and does not justify the admission to the Bar of law students inadequately prepared. Teh (1997) F: Atty. in effect. An adequate legal preparation is one of the vital requisites for the practice of law that should be developed constantly and maintained firmly. RE: SEC 8 PROMOTE PUBLIC CONFIDENCE  Macalintal v. relative to Election Case No. and the law passed by Congress on the matter is of permissive character.poli_law] [Ascheia_Yumul. are certainly inadequately prepared to practice law. It is obvious.comm_law] [Ces_Sicangco/Rowena_Romero. a judge should freely and willingly accept restrictions on conduct that might be viewed as burdensome by the ordinary citizen.design] Bobbie_StaMaria. The pretended classification is arbitrary. 5 INDEPENDENCE FROM EXECUTIVE AND LEGISLATIVE 4.lectures] [Japee_DeLeon. he hired his own lawyer. Teh actively participated in the proceedings by filing his comment on the petition.head] [Nayna_Malayang. as well as an urgent manifestation. “xxx Under Sec 5 of Rule 65 of the ROC. xxx” Respondent’s folly did not stop there. those candidates who suffered from insufficiency of reading materials and inadequate preparation. By the disputed law. Being the subject of constant public scrutiny.secretariat] [Dionne_Sanchez. It is the duty of respondent to appeal and defend. because their purposes or effects violate the Constitution or its basic principles. without having examined their respective examination papers.printing] [Miles_Malaya.

he encumbered to the sweet memories of the past and he was unable to disappoint Sol when she asked for his legal advice. however. Nevertheless. Alfonso filed this complaint for immorality and violation of the Code of Judicial Ethics against Judge Juanson. It must.rem_law] [Paul_Sorino/Judy_Ripol. Respondent's version states that when the respondent left the rostrum all he said was five minute recess. which is the quantum of proof required in administrative cases. acts of sexual intercourse admitted by Sol cannot be deemed proven. CONDUCT ABOVE REPROACH  Alfonso v.lectures] [Japee_DeLeon. Also. but that it is perceived to be so in the view of a reasonable observer. holding his revolver inside its holster with his right hand. There is no direct and competent evidence against Juanson that he had illicit sex with Sol. The SC. it may be that Juanson has undergone moral reformation after his appointment. which the investigating officer found to be the most impartial. however. Respondent interrupted and said that there was already an exhibit F so the evidence should be marked exhibit G. Sec.crim_law] [Vivian_Tan/Justin_Mendoza. Juanson and Sol’s meetings could reasonably incite suspicion of either its continuance or revival and the concomitant intimacies expressive of such relationship.civ_law] [Hya_Rafael/Mac_Macapagal. Judges shall ensure that not only is their conduct above reproach.comm_law] [Ces_Sicangco/Rowena_Romero. after coming out of his chamber. looked at the courtroom where the lawyers were. left the rostrum and went to his chamber.be reminded that decisions of courts need not only be just but must be perceived to be just and completely free from suspicion or doubt both in its fairness and integrity. H: There is no doubt in the Court’s mind that there is a very special relationship between Sol and Modesto. This irritated the respondent and he admonished the complainant that the latter should come to court prepared.labor_law] [Miguel_DeJesus. Respondent also told complainant that he should not bring his passion to the court and if complainant does not respect the judge. or his appointment could have completely transformed him upon the solemn realisation that a public office is a public trust. The imputation of illicit sexual acts upon the incumbent judge must be proven by substantial evidence. Respondent.poli_law] [Ascheia_Yumul. 3. complainant asked that an evidence be marked exhibit F.secretariat] [Dionne_Sanchez. 2. Complainant was one of the two lawyers in a civil case tried by the respondent judge. As to the post-appointment period. step out.printing] [Miles_Malaya.head] [Nayna_Malayang. Integrity is essential not only to the proper discharge of the judicial office but also to the personal demeanor of judges. The behavior and conduct of judges must reaffirm the people's faith in the integrity of the judiciary. The gun was not really pointed at anyone but he did look 117 CANON 2 INTEGRITY  Canon 1. Since Norbert’s narration was only treated as narration and not put into evidence. considering their prior relationship. the court finds the evidence for Norbert insufficient to prove that Juanson and Sol continued their extra-marital affair. As such. The facts are stated by the investigating officer assigned. Sol. said that respondent did not remove his coat and that all the witness heard from him was. Valle (1987) F: All this started over an argument on whether to label an evidence as exhibit F or exhibit G. did not dismiss Judge Juanson. Judges should take or initiate appropriate disciplinary measures against lawyers or court personnel for unprofessional conduct of which the judge may have become aware. he should respect the court. Such indiscretions indubitably cast upon his conduct as appearance of impropriety.legal_ethics] [Lianne_Gervasio. but not proof that the facts revealed are true. the [Lorybeth_Baldrias. Sec. Juanson became indiscreet. Juanson (1993) F: Dr. The respondent banged his gavel. Though it started as relations before Sol’s marriage. Sec. they are considered as proof that Sol made statements. During a hearing. Alfonso alleges that Juanson has been maintaining an illicit affair with Alfonso’s wife. One of complainant's own witness. Complainant continued insisting in a loud voice that the evidence be marked exhibit F.acads] [Jam_Jacob.  Romero v. RE: SEC. be stressed that Juanson is not charged with immorality or misconduct committed before he was appointed to the judiciary.design] Bobbie_StaMaria. it developed into an extramarital affair. Justice must not merely be done but must also be seen to be done.tax_law] . 1. Complainant in a loud voice insisted that his proposed marking was correct.deputy] [Rhudz_Raymundo. 1. Complainant's version states that the respondent unceremoniously removed his coat and challenged complainant to step out and they will settle the matter.

albeit immoral. Complainant. RE: SEC. H: The relations between judge and counsel should be based on mutual respect and a deep appreciation by one of the duties of the other. A judge's conduct should be free from the appearance of impropriety not only in his official duties but in his everyday life. 118 CANON 3 IMPARTIALITY  Canon 1. more exacting and more imperative than that of respectful behavior. A judge must be free of a whiff of impropriety not only with respect to his performance of his judicial duties. his act of carrying it in plain view of the lawyers (including the complainant) and considering what just happened. relationship with Castillo although Calanog is a married man.head] [Nayna_Malayang. In our culture. Sec.secretariat] [Dionne_Sanchez. There is no dichotomy of morality: a public official is also judged by his private morals. The complainant now charges respondent with grave misconduct and oppression. He should have observed humility and accepted mistakes graciously. maintains and enhances the confidence of the public. Judicial officers are given contempt powers so that they can remind counsels of their duties in court without being arbitrary.tax_law] . cannot be taken as an innocent gesture. unreasonable or unjust. Castillo also sent formal “affidavit of Desistance” denying her initial allegations. Calanog (1991) F: In a sworn letter complaint. contrary to the duties and restriction imposed upon him by reason of his office. towards the courts. bias or prejudice.crim_law] [Vivian_Tan/Justin_Mendoza.lectures] [Japee_DeLeon. Respondent had a permit for carrying a licensed gun because of death threats he had received from the NPA. The SC dismissed the Judge from the service but also required the complainant to show why disciplinary proceedings should not be taken against him. Judges shall ensure that his or her conduct. Calanog also committed a grave injustice when he took advantage of Castillo’s state of material deprivation and helplessness when he persuaded her to be his mistress. as an active law practitioner and leader of several law organizations in the community should provide an example of proper decorum to his brothers in the profession. The circumstances show a lack of circumspection and delicadeza on the part of Calanog by failing to avoid situations that make him suspect to committing immorality and worse. Respondent's behavior constitutes grave misconduct. Calanog behaved in a manner not becoming of his robes and as a model of rectitude. Castillo alleged that Judge Calanog and her have an affair and that she was convinced by the judge to be his mistress due to promises of giving her a condominium to live in and financial support for her daughters.at the people inside the courtroom. One who lives by the precept that might is right: is unworthy to be a judicial officer.civ_law] [Hya_Rafael/Mac_Macapagal. but also to his behavior outside his sala and as a private individual. raising one's voice is a sign of disrespect. Although respondent had a valid explanation for carrying a gun. 2 REAFFIRM PEOPLE’S FAITH  Castillo v. He used the brute force of his position of power and authority. Sec. the judge suddenly left her and failed to provide financial support despite several pleadings. After Judge denied allegations.poli_law] [Ascheia_Yumul. both in and out of court. 1. Impartiality is essential to the proper discharge of the judicial office.comm_law] [Ces_Sicangco/Rowena_Romero. H: Calanog established an intimate. betrayed the people’s high expectations. He failed to observe the proper decorum expected of judicial officers.rem_law] [Paul_Sorino/Judy_Ripol.acads] [Jam_Jacob. 3. It was calculated to instill fear and intimidate the complainant.labor_law] [Miguel_DeJesus. to opposing counsel and to judicial officers. and diminished the esteem in which they hold the judiciary in general. Counsel should observe respect due to the court.legal_ethics] [Lianne_Gervasio. so conduct themselves as to minimize the occasions [Lorybeth_Baldrias. Castillo further alleged that when she conceived their son. so far as is reasonable. having that suspicion confirmed. Sec. Respondent judge was also at fault for his shortness of temper and impatience. Judges shall. the legal profession and litigants in the impartiality of the judge and of the judiciary. Both are expected to maintain the high esteem for the courts.design] Bobbie_StaMaria. Respondent should have cited the complainant in contempt of court instead of throwing tantrums by banging his gavel loudly and unceremoniously walking out of the courtroom. Judges shall perform their judicial duties without favor. 2. It applies not only to the decision itself but also to the process by which the decision is made.printing] [Miles_Malaya.deputy] [Rhudz_Raymundo. improper to one whose investiture into the legal profession places upon his shoulders no burden more basic.

legatee. Arceo.labor_law] [Miguel_DeJesus. Sec. Arceo (1996) F: Talens-Dabon. administrator. or otherwise.secretariat] [Dionne_Sanchez.deputy] [Rhudz_Raymundo. they must possess the highest integrity. or any other interest that could be substantially affected by the outcome of the proceedings.printing] [Miles_Malaya. or (g) The judge knows that his or her spouse or child has a financial interest. or the judge or lawyer was a material witness therein. Such proceedings include.crim_law] [Vivian_Tan/Justin_Mendoza.head] [Nayna_Malayang. The SC found the respondent judge guilty of gross misconduct H: The integrity of the Judiciary rests not only upon the fact that it is able to administer justice but also upon the perception and confidence of the community that the people who run the system have done justice. instead of withdrawing from the proceeding. as heir. The agreement. The Court has adhered and set forth the exacting standards of morality and decency which every member of the judiciary must observe.civ_law] [Hya_Rafael/Mac_Macapagal.comm_law] [Ces_Sicangco/Rowena_Romero. but more importantly. creditor. Sec. Only then can the people be reassured that the wheels of justice in this country run with fairness and equity. A magistrate is judged not only by his official acts but also by his private morals. to the extent that such private morals are externalized. With the avowed objective of promoting confidence in the Judiciary. Clerk of Court of the RTC of San Fernando Pampanga. the people who run the judiciary. disclose on the records the basis of disqualification. instances where (a) The judge has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts concerning the proceedings. Judges shall not knowingly. particularly judges and justices. Nor shall judges make any comment in public or otherwise that might affect the fair trial of any person or issue. 6. the parties and lawyers independently of the judge's participation. all agree in writing that the reason for the inhibition is immaterial or unsubstantial. Being the subject of constant public scrutiny. we have the following provisions of the Code of Judicial Conduct: Rule 2.on which it will be necessary for them to be disqualified from hearing or deciding cases. locked her in his chambers and tried to take advantage of her. 5. Judges shall disqualify themselves from participating in any proceedings in which they are unable to decide the matter impartially or in which it may appear to a reasonable observer that they are unable to decide the matter impartially. Hence. has an economic interest in the outcome of the matter in controversy. made bodily contact ("chancing") with her and certain female employees. trustee or lawyer in the case or matter in controversy. (e) The judge's ruling in a lower court is the subject of review. Respondent Judge had a reputation in the office as being "bastos" and "maniakis". probity. or a member of his or her family.tax_law] . shall be incorporated in the record of the proceedings.poli_law] [Ascheia_Yumul. a judge should freely and willingly accept restrictions on conduct that might be viewed as 119 [Lorybeth_Baldrias. respondent summoned the stenographer to his chamber and she found him clad only in briefs. both in their public and private lives. told green jokes. fiduciary. 4. in the subject matter in controversy or in a party to the proceeding. guardian. (f) The judge is related by consanguinity or affinity to a party litigant within the sixth civil degree or to counsel within the fourth civil degree. A judge disqualified as stated above may. must not only be proficient in both the substantive and procedural aspects of the law. There were instances were the judge talked in a loud voice and shouted and used offensive words such as “walang isip” and “tanga”.rem_law] [Paul_Sorino/Judy_Ripol. He should not only possess proficiency in law but should likewise possess moral integrity for the people look up to him as a virtuous and upright man. charged Judge Hermin E. in order to create such confidence. but are not limited to. 2 PROMTE CONFIDENCE AND IIMPARTIALITY  Talens-Dabon v.legal_ethics] [Lianne_Gervasio. or could come before. thus creating confidence in the judicial system.lectures] [Japee_DeLeon. kissed complainant on the cheeks.design] Bobbie_StaMaria. the Executive Judge thereat with gross misconduct and immorality. based on such disclosure. or a former associate of the judge served as counsel during their association. and unquestionable moral uprightness. RE: SEC. Sec. them make any comment that might reasonably be expected to affect the outcome of such proceeding or impair the manifest fairness of the process.acads] [Jam_Jacob.01: A judge should so behave at all times as to promote public confidence in the integrity and impartiality of the judiciary. while a proceeding is before. (b) The judge previously served as a lawyer or was a material witness in the matter in controversy. the judge may then participate in the proceeding. If. signed by all parties and lawyers. (d) The judge served as executor. (c) The judge. Judge gave the complainant a poem.

not a mere verbal consent much less a 120  Masadao v. The rule is explicit that he must secure the written consent of all parties. both in the performance of his official duties and in private life should be above suspicion. 1 Rule 137 of the ROC. administrator. 5 DISQUALIFICATIONS would unnecessarily burden other trial judges to whom the cases would be transferred.civ_law] [Hya_Rafael/Mac_Macapagal.lectures] [Japee_DeLeon. He took advantage of his position and power in order to carry out his lustful and lascivious desires. Hence. Judge Marquez was not impartial and should have been disqualified in the case H: The judgment in this case was rendered in favor of the plaintiff and against the defendant. would damage the integrity of the judiciary. Marquez (1988) F: Lorenzo. or to counsel within the fourth degree computed according to the rules of civil law. creditor or otherwise.deputy] [Rhudz_Raymundo. The circumstances before judge Masadao are not ordinary ones. respondent was the one who preyed on them. Instead of he being in loco parentis over his subordinate employees. if condoned. Balid. trustee or counsel…” From the foregoing provision. Judge Masadao issued an order inhibiting himself from further sitting in the case on the ground that retired Justice Reyes has been among those who had recommended him to the bench. Judge Masadao’s actuations are within par 2 sec 1 rule 137.design] Bobbie_StaMaria.burdensome by the ordinary citizen. guardian. or his wife. a judge cannot sit in any case in which he was a counsel without the written consent of all parties. guilty of estafa. A raffle was conducted and the case was assigned to Judge Elizaga Judge Elizaga returned the records with a letter stating his refusal to act and assailing the re-raffling of the case as uncalled for and impractical. men of the Bench are not without imperfections. The actuations of respondent are aggravated by the fact that complainant is one of his subordinates over whom he exercises control and supervision. taking advantage of his superior position. or child is pecuniarily interested as heir.crim_law] [Vivian_Tan/Justin_Mendoza. In fact. He has behaved in a manner unbecoming of a judge and as model of moral uprightness. The personal behavior of a judge. A judge experiences the “tug and pull of purely personal preferences and prejudices which he shares with the rest of his fellow mortals”. A judge should personify integrity and exemplify honest public service. he set the case for hearing and rendered a decision favourable to the plaintiff. The SC found that indeed. fomenting distrust in the system.legal_ethics] [Lianne_Gervasio.head] [Nayna_Malayang.acads] [Jam_Jacob. RE: SEC. His actuations. Jaime Tadeo. he being the executive judge. this is one certain circumstance where a case could well be heard by another judge and where a voluntary inhibition may prove to be the better course of action. He has betrayed the people's high expectations and diminished the esteem in which they hold the judiciary in general. All roads lead us to the conclusion that respondent judge has failed to behave in a manner that will promote confidence in the judiciary. Especially for Filipinos whose sense of gratitude in one trait which invariably reigns supreme over any and all considerations in matters upon which such tender sentiment may somehow inexorably impinge. this is one rare opportunity for Masadao to show that JBL Reyes did not err in recommending him for his competence and known probity.rem_law] [Paul_Sorino/Judy_Ripol. Respondent has failed to measure up to these exacting standards. The audacity under which the same were committed and the seeming impunity with which they were perpetrated shock our sense of morality. 1987. Clearly. legatee. with an indorsement by the NBI.comm_law] [Ces_Sicangco/Rowena_Romero. executed a sworn statement against Judge Marquez charged him with violation of Sec Rule 137 ROC in deciding KBP v. that no one can sway his judgment whoever he may be However.  Lorenzo v.labor_law] [Miguel_DeJesus. To allow it [Lorybeth_Baldrias. He proceeded to decide on the case since there was no objection from the parties. When Marquez took over the case.secretariat] [Dionne_Sanchez. H: It is clear from the reading of the law that intimacy or friendship between a judge and an attorney of record of one of the parties to a suit is no ground for disqualification. no judge or official shall sit is any case in which he. Marquez was a member of the board of directors of the plaintiff in said case and served as counsel. Elizaga (1987) F: On May 4. according to Sec. or in which he has been executor. We need not repeat the narration of lewd and lustful acts committed by respondent judge in order to conclude that he is indeed unworthy to remain in office.tax_law] .poli_law] [Ascheia_Yumul. Judge Masadao rendered a decision finding the accused. his acts deserve no less than the severest form of disciplinary sanction of dismissal from the service. Thus. or in which he is related to either party within the sixth degree of consanguinity or affinity.that he has conducted himself with the cold impartiality of an impartial judge. Justice JBL Reyes entered his appearance for the accused.printing] [Miles_Malaya.

Judges and members of their families shall neither ask for. Subject to law and to any legal requirements of public disclosure. Sec. Judges may form or join associations of judges or participate in other organizations representing the interests of judges. 4. judge. Sec. but in exercising such rights. In particular. 9. nor accept. 3.deputy] [Rhudz_Raymundo. award or benefit as appropriate to the occasion on which it is made provided that such gift. direction or authority.printing] [Miles_Malaya. loan or favor in relation to anything done or to be done or omitted to be done by him or her in connection with the performance of judicial duties. the legal system.legal_ethics] [Lianne_Gervasio. Sec. The failure of the respondent to observe these elementary rules of conduct betrays his unusual personal interest in the case which prevailed over and above his sworn duty to administer the law impartially. Judges shall not knowingly permit court staff or others subject to their influence.crim_law] [Vivian_Tan/Justin_Mendoza.rem_law] [Paul_Sorino/Judy_Ripol.lectures] [Japee_DeLeon. (c) Engage in other activities if such activities do not detract from the dignity of the judicial office or otherwise interfere with the performance of judicial duties.tacit acquiescence. the administration of justice or related matters. 6. the legal system. they shall always conduct themselves in such a manner as to preserve the dignity of the judicial office and the impartiality and independence of the judiciary. about the financial interests of members of their family. Judges shall not use or lend the prestige of the judicial office to advance their private interests.labor_law] [Miguel_DeJesus. any gift. Judges. to ask for. Sec.head] [Nayna_Malayang.secretariat] [Dionne_Sanchez. 10. belief. Judges shall avoid impropriety and the appearance of impropriety in all of their activities. 13.comm_law] [Ces_Sicangco/Rowena_Romero. Sec. nor shall they convey or permit others to convey the impression that anyone is in a special position improperly to influence them in the performance of judicial duties.tax_law] .acads] [Jam_Jacob. or accept. Sec. 8. 5. award or benefit might not reasonably be perceived as intended to influence the judge in the performance of judicial 121 CANON 4 PROPRIETY  Canon 4. judges must accept personal restrictions that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly. judges shall conduct themselves in a way that is consistent with the dignity of the judicial office. like any other citizen.poli_law] [Ascheia_Yumul. Sec. avoid situations which might reasonably give rise to the suspicion or appearance of favoritism or partiality. Sec. the administration of justice or related matters. Sec. any gift. Sec. 12. bequest.design] Bobbie_StaMaria. 11. Sec. Judges shall not practice law whilst the holder of judicial office. As a subject of constant public scrutiny. 14. bequest. Judges shall not allow the use of their residence by a member of the legal profession to receive clients of the latter or of other members of the legal profession. association and assembly. teach and participate in activities concerning the law. lecture. 15. are entitled to freedom of expression. in their personal relations with individual members of the legal profession who practice regularly in their court. Judges shall inform themselves about their personal fiduciary financial interests and shall make reasonable efforts to be informed [Lorybeth_Baldrias. Subject to the proper performance of judicial duties. Propriety and the appearance of propriety are essential to the performance of all the activities of a. 1. judges may (a) Write. judges may receive a token gift. Sec. Sec. 7. Sec. Sec.civ_law] [Hya_Rafael/Mac_Macapagal. (b) Appear at a public hearing before an official body concerned with matters relating to the law. 2. Judges shall. Judges shall not participate in the determination of a case in which any member of their family represents a litigant or is associated in any manner with the case. loan or favor in relation to anything done or to be done or omitted to be done in connection with their duties or functions. or those of a member of their family or of anyone else. Confidential information acquired by judges in their judicial capacity shall not be used or disclosed by for any other purpose related to their judicial duties. The written consent must be signed by them and entered upon the record.

secretariat] [Dionne_Sanchez. the then District Engineer for Camarines Sur. to shoot.lectures] [Japee_DeLeon. There is no doubt in the mind of the Court from the records of this case. The respondent is not just an ordinary citizen. 1 AVOIDANCE OF IMPROPRIETY  Lao v. with a shotgun. Madrono. (b) cut off electric power of the water pump to deprive water supply and (c) respondent ordered his man. filed an administrative case for grave misconduct against Judge Melecio B.printing] [Miles_Malaya. however. Cannon of Judicial Ethics) 122 [Lorybeth_Baldrias. In the second case. but a highly visible member of the judicial branch of the Government. H: The complainant's avowal that his 'personal interests' have been 'already satisfied. build a shanty to take possession of property. sending him sprawling to the floor and rendering him momentarily unconscious. depriving complainant of access.acads] [Jam_Jacob. the said respondent. possession and use of residence and bodega. respondent judge sped away from them. As the court held in Saburnido vs. (d) Instead of acceding to the request of Superintendent Doria to forthwith go with him to the police headquarters to shed light on the shooting incident. respondent had no authority. should be beyond reproach (Sec. by destroying the lock to the door. RE: SEC. residence and bodega. particularly. hitting William Lao in the process. hit with the pistol he was carrying the herein petitioner on the left side of his head. 3. There is. and his personal behavior not only upon the bench and in the performance of judicial duties.duties or otherwise give rise to an appearance of partiality. the workers of the complainant who were about to install water pipes in the nursery resulting in the injury of his nephew. but also in his everyday life. without any justification whatever.' is not all there is to this case. Abelita (1998) F: Two administrative cases were filed against respondent Judge. Borja (1989) F: Ponciano A. William Lao. inspite of the cover-ups and the sudden loss of interest of the complainant to vigorously pursue his complaint. but also the public interest involved in the act of an official whom position carries with it great responsibility and which position demanded the highest norm of conduct from the incumbent both in his public and private capacities. to bring that gun outside residence. himself. the complainant alleged that respondent judge forcibly entered and gained entrance without his knowledge in his office. (b) respondent judge ordered Policronio Agao to fire his shotgun. The second complaint charged him with serious misconduct and conduct unbecoming of a judge. oppression and harassment. on that ground that in the presence of people taking their lunch and others. one which degrades the integrity of the judicial office and serves as a demoralizing example to the public. when police officers caught up with respondent judge and his wife.head] [Nayna_Malayang. The first complaint accused respondent judge of abuse of authority. that the physical injuries inflicted on Mr. an incumbent judge of the RTC stationed in Naga City.comm_law] [Ces_Sicangco/Rowena_Romero. It was shown that (a) Respondent Judge took possession. grave misconduct. he was found to be in possession of an unlicensed .deputy] [Rhudz_Raymundo. (c) although the shotgun used in the shooting incident was a licensed firearm. and that he removed the padlock to the residence-bodega and replaced it. during the pendency of the first case. Whatever the motive may have been. In the first case.civ_law] [Hya_Rafael/Mac_Macapagal. Agao. one of the properties subject matter in the first case.labor_law] [Miguel_DeJesus. The complainant is. 45 caliber handgun. The fact that the incident was accorded with widest possible publicity in both regional and national newspaper attests to the very sensitive position occupied by the respondent. respondent Judge closed the place using a new padlock and effectively evicting complainant from the premises.design] Bobbie_StaMaria. not only the complainant's private interests involved. (e) finally. Ministry of Public Works and Highways. There is the matter of the public interest involved in the case. Judge Borja violated the established norm for judicial behavior that "a judge's official conduct should be free from appearance of impropriety. Arban.crim_law] [Vivian_Tan/Justin_Mendoza. respondent ordered some people to (a) enter the nursery compound. whether in court or out of it. The S H: Respondent judged failed to measure up to what could well be expected of him as an officer of the judiciary. with his firearm aimed at the victim…”  Arban v. Arban were caused by a pistol-whipping.tax_law] . After celebrating his party. Borja. “it was highly improper for a judge to have wielded a high-powered firearm in public and besieged the house of a perceived defamer of character and honor in warlike fashion and berated the object of his ire.poli_law] [Ascheia_Yumul.legal_ethics] [Lianne_Gervasio.rem_law] [Paul_Sorino/Judy_Ripol. thus. The SC found that the respondent Judge commited an act of serious misconduct. of the bodega then being used and occupied by complainant. the violent action of the respondent in a public place constitutes serious misconduct and the resultant outrage of the community in Naga City is a blow to the image of the entire judiciary. an official of the government — an engineer of the Ministry of Public Works and Highways.

labor_law] [Miguel_DeJesus.to avoid suspicion of political partisanship. Judge Luntok issued a TRO. Judge Villaluz had issued several orders regarding the case from Jan.. hence. he already had personal knowledge of it. as well as everyday life. that: “The judge is the visible representation of the law and. RE: SEC. Villaluz (1973) F: Leon Umale filed a robbery case against 16 accused before the Circuit Criminal Court in Pasig.secretariat] [Dionne_Sanchez. the other requisites provided by the rules for the grant thereof have been observed.legal_ethics] [Lianne_Gervasio. of justice. extended its effectivity twice. 19 to April 12.05 which admonishes all judges to dispose of the court's business promptly and decide cases within the required periods. Petitioners argue that the writ is void for being in reality a fourth restraining order issued beyond the 20-day effectivity of the preceeding TRO. grant of writ must be upheld.lectures] [Japee_DeLeon. His personal behavior in the performance of official duty. for deferment of raffling of case. 9 CONFIDENTIAL INFORMATION  Umale v. The SC dismissed Vistan from office. 6 FREEDOM OF EXPRESSION  Vistan v. 1971 when.” RE: SEC. demeaned stature of his office and must be pronounced guilty of gross misconduct.design] Bobbie_StaMaria. and for return of case to Circuit Criminal Court were denied. Camarines Sur and found a cash shortage. he voluntarily inhibited himself without any party moving for it. His reason: before filing of the case. Judge Villaluz then directed immediate forwarding of records of case to Exec Judge of CFI Pasig. Moral integrity is more than a virtue.crim_law] [Vivian_Tan/Justin_Mendoza. for prohibition with injunction and with a prayer for a restraining order and damages.. for maintaining an illicit relationship and for having violated election laws when he sent out letters showing intent to run for Congress prior to date given by COMELEC.rem_law] [Paul_Sorino/Judy_Ripol. specially in the station of municipal judges. conducted an audit of the Municipal Treasurer of Libmanan. Rizal presided by Judge Onofre Villaluz. of the Provincial Auditor’s office of Camarines Sur. books. He filed case before SC. the people draw their win and awareness to obey the law. He was also suspended from office. Rizal for proper disposition. The SC held that Judge Villaluz could voluntarily inhibit himself without any motion by the parties.comm_law] [Ces_Sicangco/Rowena_Romero. A Judge’s official conduct should be free from impropriety or any appearance thereof. From him. a judge shall not. He should be studiously careful to avoid even the slightest infraction of the law. without which the faith of the people in the judiciary so indispensable in an orderly society cannot be preserved. Pursuant to BP 337. The Treasurer filed a petition with the trial court. like respondent Judge. The SC upheld the writ of preliminary injunction but reprimanded the Judge.This Court ruled in De la Paz v. Canon 5. Luntok (1990) F: Petitioners. Dubious orders of judge and other circumstances show that he violated Rule 3. should be beyond reproach. Present state of law which allows court to do by indirection what should not be done directly should be remedied by amendment of the rule if intent is to nullify a writ of preliminary injunction belatedly issued.. and finally granted an application for a writ of preliminary injunction. Thus.deputy] [Rhudz_Raymundo. it is a necessity in the Judiciary. presided over by respondent judge. which calls for a judge to be faithful to the law and maintain professional competence. Inutan (64 SCRA 540). for the judge to return that regard. Nicolas (1991) F: Vistan filed administrative cases against Judge Nicolas for gross ignorance of the law and grave abuse of discretion (Judge acquitted accused in a criminal case despite not having ruled yet on accused’s written offer of evidence). High ethical principles and a sense of propriety should be maintained.poli_law] [Ascheia_Yumul. they seized the treasurer’s cash.participate in other partisan political activities. papers and accounts.” Judge took advantage of his position to boost his candidacy. who have that close and direct contact with the people before anybody else in the judiciary. H: Except for delay in the resolution of the application for and the subsequent issuance of the writ. H: Judge Nicolas also violated Rule 5. 8 INFLUENCE ON JUDICIAL CONDUCT  Aquino v.head] [Nayna_Malayang. more importantly. 1971. RE: SEC.. of the Code of Judicial Conduct which states: “.tax_law] . They see in him an intermediary of justice between two conflicting interests.01 of Canon 3 of the Code of Judicial Conduct. and Rule 3. on April 15.printing] [Miles_Malaya.10. Petitioner Umale opposed inhibition but his motions for reconsideration.acads] [Jam_Jacob. he must be the first to abide by the law and weave an example for the others to follow. H: Personal knowledge of the case pending before him is not one of the causes for the 123 [Lorybeth_Baldrias.civ_law] [Hya_Rafael/Mac_Macapagal.

Further. According to Atty. The practice of law is not limited to the conduct of cases in court or participation in court proceedings but includes preparation of pleadings or papers in anticipation of litigation. 1 of Rule 137 of the Revised Rules of Court (took effect Jan. Before 1964.deputy] [Rhudz_Raymundo. Tuzon filed with the CA a petition for certiorari assailing the order of Judge Loreto Cloribel-Purugganan. RE: SEC. The judge gave them a guide of what evidence to present to be able to win the case. his reputation for probity and objectivity is preserved. The SC found that the respondent Judge is guilty of illegal practice of law. This is based on public policy because the rights.secretariat] [Dionne_Sanchez. even more important. it is undisputed that respondent judge filed a comment on behalf of the respondent Raymundo E. which denied Tuzon’s motion to allow cross-examination of his witness and directed that the case be submitted for resolution. engaged in the private practice of law. for just or valid reason other than those mentioned” in par.tax_law] . R: Receiving money from a party litigant is the kind of gross and flaunting misconduct on 124 [Lorybeth_Baldrias. it is better for judge to disqualify himself. 1964). In the case at bar.07 of the Code of Judicial Conduct. Cloribel (2001) F: Victor G. there may be other causes that could conceivably erode trait of objectivity. REQUESTS. Rule 138 of the Revised Rules of Court. In exchange. Torre (1989) F: A sworn letter of complaint was filed by Atty. discretion and privileges of a judge.crim_law] [Vivian_Tan/Justin_Mendoza. sitting on a case must at all times be fully free. and affixed her name and signature on the comment. Mater. 1. or take an active part in the proceedings unless expressly directed by order of the Court. a judge was allowed to inhibit for fear that an opinion expressed by him in a letter as counsel might influence his decision and for being related to a counsel within 4th civil degree. 13 GIFTS. a judge was allowed to voluntarily disqualify himself on grounds other than those mentioned in par. LOANS  Ompoc v. A judge has both the duties of rendering a just decision and of doing it in a manner completely free from suspicion as to his fairness and as to his integrity. Hon.civ_law] [Hya_Rafael/Mac_Macapagal. The SC dismissed him from the service. in signing and filing a comment with the court on behalf of one of the parties. 1 of cited section. H: The Court has reminded judges of the lower courts that a judge whose order is challenged in an appellate court need not file any answer. He should exercise his discretion in a way that people’s faith in the courts of justice is not impaired. “in the exercise of his sound discretion. 1. privileges and functions of the office of an attorney-at-law are inherently incompatible with the high official functions. Salanga: Judge should make a careful self-examination whether to disqualify himself or not in a case before him. respondent judge. v. Catral in the case on review with the CA. A judge must maintain a detached attitude from the case and shall not waste his time by taking an active part in a proceeding that relates to official actuations in a case.design] Bobbie_StaMaria.comm_law] [Ces_Sicangco/Rowena_Romero.lectures] [Japee_DeLeon. duties.labor_law] [Miguel_DeJesus.printing] [Miles_Malaya. a judge could not just voluntarily inhibit himself from a case. Pimentel v. That way. But paragraph 2 of said section authorizes the judge. If such causes appear and prove difficult to resist. disinterested. duties.rem_law] [Paul_Sorino/Judy_Ripol. Judge Torres asked Atty. He is merely a nominal party and has no personal interest or personality therein. Elementary due process requires a hearing before an impartial and disinterested tribunal. Judge Torres invited him and his client to the judge’s house while their case was being tried in Judge Torres’s sala. and Rule 5. Under Section 35.legal_ethics] [Lianne_Gervasio.acads] [Jam_Jacob. But in cases decided in 1961 and 1962. Respondent judge went further and filed the comment for the Raymundo Catral and herself.disqualification of a judge under the first paragraph of Sec. powers.poli_law] [Ascheia_Yumul. Onofre Villaluz: Outside of pecuniary interest. Ompoc. ideal of an administration of justice is lived up to. to disqualify himself from sitting in a case. judges are prohibited from engaging in the private practice of law. 11 PRACTICE OF PROFESSION  Tuzon v. Gonzales: A judge. In 1967.head] [Nayna_Malayang. The Investigating judge found the complainant’s stories valid and true. Ompoc’s client to install an air-con unit in the latter’s lite-ace. Tuzon also averred that respondent judge antedated her decision in the Civil decision and alleged that complainant failed to present any evidence to support such accusation. Judge should be commended for heeding SC ruling in Geotina v. Ompoc against Judge Torres. Respondent judge signed the pleading herself and submitted it to the court notwithstanding that it was her decision that was the subject of the petition in the said court. RE: SEC. impartial and independent. thus calling for inhibition. relationship or previous participation in the matter that calls for adjudication. Jr. A salutary norm is that he reflect on the probability that a losing party might nurture at the back of his mind the thought that the judge had unmeritoriously titled the scales of justice against him.

such as the parties. In his explanation.crim_law] [Vivian_Tan/Justin_Mendoza. so Judge Rojas tried the case. he issued various orders resetting the dates of the hearing and of the reception of additional evidence for the prosecution and for the defense. Initially. signed by them and entered upon the record. Judges shall not knowingly permit court staff or others subject to his or her influence. Judges shall require lawyers in proceedings before the court to refrain from manifesting.lectures] [Japee_DeLeon. except such as are legally relevant to an issue in proceedings and may be the subject of legitimate advocacy. sexual orientation.secretariat] [Dionne_Sanchez. Sec. To hold a session. he has to voluntarily inhibit himself. Alberto Angel. sex. The Court found that it was impropert for Judge Rojas to have heard the criminal case at all. by words or conduct. Aguas while testifying. 4. social and economic status and other like causes. direction or control to differentiate between persons concerned.poli_law] [Ascheia_Yumul. The original counsel for the accused did not interpose any objection. Aguas in contempt.design] Bobbie_StaMaria. CANON 5 EQUALITY F: This case refers to the inhibition which Respondent Judge Rojas of the RTC issued. RE: SEC. Against such conduct the appellant had the right to protest and to demand that the  [Lorybeth_Baldrias. caste. 5. In view of this.rem_law] [Paul_Sorino/Judy_Ripol. grand jury. Black’s Law Dictionary defines to “sit” in a case means “to hold court.” The Judge held him Atty.comm_law] [Ces_Sicangco/Rowena_Romero. in a matter before the judge. On April 13. 1. court staff and judicial colleagues. who is charged with the responsibility of administering the law and rendering justice. 5 125  Canon 5. as of a court.F or almost one and a half years. H: No. to do any act of judicial nature. immaterial to the proper performance of such duties. Sec. he decided to inhibit himself. 2 BIAS OR PREJUDICE In re Judge Rojas (1998) ATTITUDE – PARTIES APPEARING IN COURT  In re Aguas (1901) F: While on witness stand.deputy] [Rhudz_Raymundo. national origin. H: The action of the judge in seizing the witness. diversity in society and differences arising from various sources. Judges shall not. color. The failure of Judge Rojas to observe these elementary rules of judicial conduct betrays his interest in the case which he allowed to prevail over his sworn duty to administer the law impartially without any fear or favor. issuing orders and the like as Judge Rojas has done in the criminal case. by words or conduct. Members of the judiciary should display not only the highest integrity but must. these acts.tax_law] . The prohibition is not limited to cases in which a judge hears the evidence but includes as well cases where he acts by resolving motions. in Crim Case entitled People vs. without differentiation on any irrelevant ground. Rule 137 § 1 of the Rules of Court expressly states that no judge shall sit in any case which he has been counsel (for a party) without the written consent of all parties in interest. witnesses. The SC found that the Judge had acted improperly towards Aguas’ witness. in the performance of judicial duties. by the shoulder and turning him about was unwarranted and an interference with that freedom from unlawful personal violence to which every witness is entitled while giving testimony in a court of justice. age. Sec.legal_ethics] [Lianne_Gervasio.civ_law] [Hya_Rafael/Mac_Macapagal. including but not limited to race. Aguas allegedly protested “with a voice and body trembling. with Judge Rojas as public prosecutor. Rojas was appointed judge. he sat and acted on the case. disability. Ensuring equality of treatment to all before the courts is essential to the due performance of the judicial office. at all times. lawyers. While the case was pending. religion. bias or prejudice based on irrelevant grounds. Atty Aguas’ witness was allegedly seized by the Judge after the witness failed to heed the Judge’s warning he should look at Judge instead of at Atty. he said that to avoid legal implications. etc. RE: SEC. conduct themselves in such manner as to be beyond reproach and suspicion. legislative body.head] [Nayna_Malayang.labor_law] [Miguel_DeJesus.the part of the judge. 2. and understand.printing] [Miles_Malaya. Sec. Undoubtedly. on any irrelevant ground. manifest bias or prejudice towards any person or group on irrelevant grounds. marital status. Sec. the case was tried in the RTC. 3.acads] [Jam_Jacob. Judges shall carry out judicial duties with appropriate consideration for all persons. Judges shall be aware of. Tauro. 1998.

labor_law] [Miguel_DeJesus. Canon 3. the respondent judge made no reply. It is with this end in view that we stress diligence and efficiency attendant to the discharge of a judge's function in the present Code of Judicial Conduct. of the said Code provides that: A judge should diligently discharge administrative responsibilities. 641 despite the former's registered letters requesting the status. Sec. the people draw their will and awareness to obey the law . That he did so was not contempt. maintain professional competence in court management and facilitate the performance of the administrative functions of other judges and court personnel.. and his willful disobedience and disregard to our show-cause resolutions constituted grave and serious misconduct affecting his fitness and the worthiness of the honor and integrity attached to his office. including the delivery of reserved decisions. which include not only the performance of judicial functions and responsibilities in court and the making of decisions.rem_law] [Paul_Sorino/Judy_Ripol. Sec. The SC found the respondent judge guilty of gross negligence of duty and dismissed him from the service.comm_law] [Ces_Sicangco/Rowena_Romero.lectures] [Japee_DeLeon.08. Judges shall perform all judicial duties.acads] [Jam_Jacob. [Lorybeth_Baldrias. it is not enough that the complaining litigant was eventually appeased by the turn of circumstances. 3. his failure to reply to the tracers of the Office of the Court Administrator. court staff and others subject to their influence.civ_law] [Hya_Rafael/Mac_Macapagal. Judges shall not engage in conduct incompatible with the diligent discharge of judicial duties. Judges shall devote their professional activity to judicial duties.. to judges.tax_law] . Judges shall require similar conduct of legal representatives. This fact reflects an inefficient and disorderly system in the recording of cases assigned to his sala. judicial norms have been maintained. 641. 2 ADMINISTRATIVE DUTIES  Longboan v. In the instant case." How can the respondent judge expect others to respect the law when he himself cannot obey orders as simple as the show cause resolution? Moreover. 126 RE: SEC. Proper and efficient court management is as much the judge's responsibility for the Court CANON 6 COMPETENCE AND DILIGENCE  Canon. efficiently. 6. H: Respondent judge's continued silence as to the status of Civil Case No. and due Sec. What is more important is whether or not in the course of the judicial process. Due to respondent Judge's failure to make any reply as requested. the Office of the Court Administrator sent respondent judge three tracers in relation to the records of Civil Case No. 5. fairly and with reasonable promptness. we hold with great emphasis that: .poli_law] [Ascheia_Yumul.design] Bobbie_StaMaria.printing] [Miles_Malaya. 641. including international conventions and other instruments establishing human rights norms. Sec. Sec.crim_law] [Vivian_Tan/Justin_Mendoza. Competence diligence are prerequisites to the performance of judicial office.The Judge is the visible representation of the law of justice. Rule 3. Longbuan had sent five registered letters inquiring about the status of Civil Case No. under judicial control.. The judicial duties of a judge take precedence over all other activities. 6. Once again. Sec. Judges shall take reasonable steps to maintain and enhance their knowledge. providing protest and demand were respectfully made and with due regard for the dignity of the court. taking advantage for this purpose of the training and other facilities which should be made available. 1.secretariat] [Dionne_Sanchez.deputy] [Rhudz_Raymundo. respondent judge even impeded the speedy disposition of cases by his successor on account of missing records of cases. Judges shall keep themselves informed about relevant developments of international law. witnesses. skills and personal qualities necessary for the proper performance of judicial duties. but also other tasks relevant to the judicial office or the court's operations.. dignified and courteous in relation to litigants.incident be made a matter of record. Polig (1990) F: A letter-complaint was addressed to the Court Administrator charging Judge Polig with gross negligence of duty or abuse of authority for his failure to apprise complainant of the status of Civil Case No. 4. lawyers and others with whom the judge deals in an official capacity. 7.legal_ethics] [Lianne_Gervasio. From him. Still. direction or control. Sec. 641 despite repeated written queries from one of the parties. Judges shall maintain order and decorum in all proceedings before the court and be patient. Meanwhile.head] [Nayna_Malayang. 2.

the report on the physical inventory of the records of the cases in RTC. or corruption. He also ordered the return of the seized foreign currency from the accused. Although a judge is nearing retirement.head] [Nayna_Malayang. which was respondent judge's last assignment before his suspension revealed that a total of 35 cases submitted for decision have remained unresolved beyond the 90-day reglementary period.labor_law] [Miguel_DeJesus. 5 PROMPT DECISION MAKING  Aquino v. 3 MAINTAIN PROFESSIONAL COMPETENCE  In re Judge Baltazar Dizon (1989) F: This is a motion for reconsideration filed by respondent Judge Dizon praying that the resolution. we feel that he has been sufficiently punished for his administrative infraction. proof of malice or deliberate intent is not necessary. in the absence of fraud. it reasonably expects a faithful and intelligent discharge of duty by those who are selected to fill the positions of administrators of justice.personnel are not the guardians of a Judge's responsibilities. they found that Bleza has not committed any wrongdoing to evoke disciplinary action. judges whose acts demoralize the ethical standards of a judicial office and whose acts demonstrate unfitness and unworthiness of the prestige and prerequisites attached to said office must be weeded out.lectures] [Japee_DeLeon. Judge Bleza acquitted Ponce for attempted homicide. Respondent judge has sincerely evinced a humble repentance and prays for a reconsideration of the resolution. The acquittal was based on insufficiency of evidence. The records fail to show malice. even though such acts are erroneous. what respondent had in mid was to consider the mitigating circumstance of lack of intention to commit so grave a wrong as that committed under Art. his act remains unjustified. We have consistently held that failure to decide a case within the required period is not excusable and constitutes gross inefficiency. Lagawe. The fact that the penalty prescribed by the circular was taken from the RPC led him to believe that malice was an essential element Respondent also stated that the overloaded dockets of Metro Manila trial judges caused unceasing strain. the SC stated that no judge can be held to account for an erroneous decision rendered by him in good faith. Yet it is highly imperative that they should be controverted with basic legal principles. There is no justification for missing records save fortuitous events. The loss of not one but eight records is indicative of gross misconduct and inexcusable negligence unbecoming of a judge. where complainant Col.design] Bobbie_StaMaria. The SC held that Judge Bleza was not incompetent in deciding the cases before him. However. Respondent admits that his decision is erroneous but pleads that his mistaken judgment proceeded from good faith and not from deliberate desire to pervert his position. be reconsidered. and charged Sabater guilty of Frustrated Homicide. the acts of a judge in his judicial capacity are not subject to disciplinary action. Based on testimonies and evidence. 13 of the RPC…this is different from lack of intent to kill. Thus. ill-will or even bias on part of the respondent judge. Branch 14. H: In a court resolution. he should not relax in his study of the law and court decisions. With respect to the inventoried 4 criminal cases without prisoners and four 4 civil cases missing. Lastly.rem_law] [Paul_Sorino/Judy_Ripol. Gregorio Abad and a certain Potenciano Ponce were petitioners and defendants in a criminal case. we find no justification for the failure to present them to the Deputy Court Administrator when required and their absence from the place where court records are stored. A judicial officer cannot be called to account in a civil action for acts done by him in the exercise of his judicial function. While the court does not require perfection and infallibility. jurisprudence affecting their jurisdiction. According to the investigation of the IAC. They are called upon to exhibit more than just a cursory acquaintance with statutes and to keep themselves abreast of the latest laws. Ifugao.poli_law] [Ascheia_Yumul. however erroneous.  Abad v. Lo Chi Fai.secretariat] [Dionne_Sanchez. dishonesty.civ_law] [Hya_Rafael/Mac_Macapagal. RE: SEC. For true professionalism in the bench to exist. Dizon ruled that the state must first prove criminal intent to find the accused. Bleza (1986) F: The administrative case arose out of a case that Bleza decided. RE: SEC.legal_ethics] [Lianne_Gervasio. rulings. finding him guilty of rendering an erroneous decision. Respondent manifestly disregarded and failed to apply this plain and fundamental basic principle.crim_law] [Vivian_Tan/Justin_Mendoza. guilty of a violation of a Central Bank Circular. A judge is expected to ensure that the records of cases assigned to his sala are intact. Presumably. he should keep abreast with the changes in the law and with the latest decisions and precedents.comm_law] [Ces_Sicangco/Rowena_Romero. H: Judge Bleza appreciated as mitigating circumstance the lack of intent to kill in favor of Sabater is palpably out of place.tax_law] . This Court pointed out that in offenses punished by special laws. Lontok (1990) 127 [Lorybeth_Baldrias.deputy] [Rhudz_Raymundo.acads] [Jam_Jacob.printing] [Miles_Malaya. Even in the remaining years of his stay in the judiciary. As a matter of public policy.

rem_law] [Paul_Sorino/Judy_Ripol.lectures] [Japee_DeLeon. A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant. 1988) CANON 3 A lawyer in making known his legal services shall use only true. In the choice of a firm name.printing] [Miles_Malaya.deputy] [Rhudz_Raymundo. CANON 5 CHAPTER I THE LAWYER AND SOCIETY CANON 1 A lawyer shall uphold the constitution.acads] [Jam_Jacob.04.poli_law] [Ascheia_Yumul. misleading. or in return for.labor_law] [Miguel_DeJesus. even if the lawyer doe not accept a case. except for valid reasons. misleading or assumed name shall be used. for any corrupt motive or interest. self-laudatory or unfair statement of claim regarding his qualifications of legal services. Rule 1. [Lorybeth_Baldrias. publicity to attract legal business.03. obey the laws of the land and promote respect for law and legal processes.01. immoral or deceitful conduct Rule 1.comm_law] [Ces_Sicangco/Rowena_Romero. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased.03. A lawyer shall not. fair. In such cases.secretariat] [Dionne_Sanchez.02.head] [Nayna_Malayang.01. Where a partner accepts public office. Rule 2.design] Bobbie_StaMaria. A lawyer shall encourage his clients to avoid. A lawyer shall not engage in unlawful. CANON 4 A lawyer shall participate in the development of the legal system by initiating or supporting efforts in law reform and in the improvement of the administration of justice.02. Rule 3. the cause of the defenseless or the oppressed.04. A lawyer shall not use or permit the use of any false. 128 ANNEXED CODES OF ETHICS Rule 2. A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of. no false.01. Rule 1.tax_law] . Rule 2. dignifies and objective information or statement of facts. Rule 3.02.04. A lawyer shall not do or permit to be done any act designed primarily to solicit legal business. Sec. he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter’s rights.03. Rule 3. honest. integrity and effectiveness of the profession.crim_law] [Vivian_Tan/Justin_Mendoza. deceptive.civ_law] [Hya_Rafael/Mac_Macapagal. Rule 1. A lawyer shall not reject. undignified. fraudulent.supra at Canon 3. CANON 2 A lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence. CODE OF PROFESSIONAL RESPONSIBILITY (June 21.legal_ethics] [Lianne_Gervasio. Rule 3. 8 Rule 2. dishonest. he shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him to practice law concurrently. A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. encourage any suit or proceeding or delay any man’s cause. end or settle a controversy if it will admit of a fair settlement.

rem_law] [Paul_Sorino/Judy_Ripol.design] Bobbie_StaMaria. nor shall he mislead. whether in public or private life. directly or indirectly. in his professional dealings. after leaving government service.01. even if the plan is based in whole or in part. nor consent to the doing of any in court. participate in continuing legal education programs.head] [Nayna_Malayang. Rule 8. b) c) CANON 10 A lawyer owes candor. A lawyer shall not do any falsehood. or other relevant attribute.legal_ethics] [Lianne_Gervasio. education.03. on a profit-sharing agreement. fairness and candor toward his professional colleagues. accept engagement or employment in connection with any matter in which he had intervened in said service. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause of disciplinary action.comm_law] [Ces_Sicangco/Rowena_Romero.02. offensive or otherwise improper.lectures] [Japee_DeLeon. or allow the Court to be mislead by any artifice. assist in the unauthorized practice of law. A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law. The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done.01.01. CHAPTER II THE LAWYER AND THE LEGAL PROFESSION CANON 7 A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of the integrated bar.01. in connection with his application for admission to the bar. however.labor_law] [Miguel_DeJesus. Rule 6.civ_law] [Hya_Rafael/Mac_Macapagal. A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law nor shall he. A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the bar in good standing. fairness and good faith to the court Rule 10. Rule 9. Rule 7. Rule 6. or Where a lawyer or law firm includes nonlawyer employees in a retirement plan. CANON 8 A lawyer shall conduct himself with courtesy. use language which is abusive.tax_law] . A lawyer shall not. support efforts to achieve high standards in law schools as well as in the practical training of law students and assist in disseminating information regarding the law and jurisprudence. Rule 7.02.01. A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact.02. A lawyer shall not. [Lorybeth_Baldrias.secretariat] [Dionne_Sanchez. Rule 7. Rule 6. it is the right of any lawyer. encroach upon the professional employment of another lawyer. money shall be paid over a reasonable period of time to his estate or to the persons specified in the agreement. except: a) Where there is a pre-existing agreement with a partner or associate that.poli_law] [Ascheia_Yumul.crim_law] [Vivian_Tan/Justin_Mendoza. A lawyer in the government service shall not use his public position to promote or advance his private interests.03.printing] [Miles_Malaya.02. CANON 9 A lawyer shall not.acads] [Jam_Jacob. Rule 9. upon the latter’s death. or Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer. to give proper advise and assistance to those seeking relief against unfaithful or neglectful counsel.A lawyer shall keep abreast of legal developments. without fear or favor. directly or indirectly. A lawyer shall not support the application for admission to the bar of any person known by him to be unqualified in respect to character. nor allow the latter to interfere with his public duties.deputy] [Rhudz_Raymundo. behave in a scandalous manner to the discredit of the legal profession. and shall avoid harassing tactics against opposing counsel. Rule 8. 129 CANON 6 These canons shall apply to lawyers in government service in the discharge of their official tasks. A lawyer shall not.

authentication or custody of an instrument. CHAPTER IV THE LAWYER AND THE CLIENT CANON 14 A lawyer shall not refuse his services to the needy.02. Rule 11. A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of his case. A lawyer shall abstain from scandalous offensive or menacing language or behavior before the Courts. A lawyer shall not knowingly misquote or misrepresent the contents of a paper. A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party. Rule 12. Rule 11.design] Bobbie_StaMaria. A lawyer shall not abuse.06.crim_law] [Vivian_Tan/Justin_Mendoza.03. or gives the appearance of influencing the court. Rule 12. the language or the argument of opposing counsel. or assert as a fact that which has not been proved. He should also be ready with the original documents for comparison with the copies.04.comm_law] [Ces_Sicangco/Rowena_Romero. memoranda or briefs.lectures] [Japee_DeLeon. Rule 11. in which event he must.acads] [Jam_Jacob.02. nor seek opportunity for. browbeat or harass a witness nor needlessly inconvenience him. entrust the trial of the case to another counsel. CANON 11 A lawyer shall observe and maintain the respect due to the courts and to judicial officers and should insist on similar conduce by others. Rule 12. Rule 10. Rule 11. A lawyer shall not extend extraordinary attention or hospitality to. and the like. of the text of a decision or authority.labor_law] [Miguel_DeJesus.03. during his testimony.02. Rule 12.tax_law] .08.01.01. A lawyer shall refrain from talking to this witness during a break or recess in the trial. Rule 13. A lawyer shall not file multiple actions arising from the same cause. creed or status of life.03. the evidence he well adduce and the order of its profference. A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case.rem_law] [Paul_Sorino/Judy_Ripol. or b) on substantial matters. impede the execution of a judgement or misuse Court processes.05. CANON 13 A lawyer shall rely upon the merits of his cause and refrain from any impropriety which tends to influence. A lawyer shall not unduly delay a case. Rule 12.04. Rule 12.03.Rule 10. after obtaining extensions of time to file pleadings. Rule 12.secretariat] [Dionne_Sanchez. A lawyer shall appear in court property attired. A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice.printing] [Miles_Malaya. Rule 13. A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another. cultivating familiarity with Judges. CANON 12 A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice.02. let the period lapse without submitting the same or offering an explanation for his failure to do so. A lawyer shall avoid testifying in behalf of his client. A lawyer shall not. A lawyer shall not brook or invite interference by another branch or agency of the government in the normal course of judicial proceedings. except: a) on formal matters.05.head] [Nayna_Malayang. in cases where his testimony is essential to the ends of justice. while the witness is still under examination.legal_ethics] [Lianne_Gervasio.poli_law] [Ascheia_Yumul. sex.01. Rule 13. A lawyer shall submit grievances against a Judge to the proper authorities only.01. such as the mailing. A lawyer shall not decline to represent a person solely on account of the latter’s race. Rule 14.deputy] [Rhudz_Raymundo.07. or knowingly cite as law a provision already rendered inoperative by repeal or amendment. A lawyer shall punctually appear at court hearings.civ_law] [Hya_Rafael/Mac_Macapagal. Rule 11. Rule 12. or 130 [Lorybeth_Baldrias.

A lawyer.lectures] [Japee_DeLeon.comm_law] [Ces_Sicangco/Rowena_Romero. CANON 17 A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him. Rule 16. shall forthwith inform the prospective client.03. fairness and loyalty in all his dealings and transactions with his clients. tribunal or legislative body.03.labor_law] [Miguel_DeJesus. giving notice promptly thereafter to his client. A lawyer may not refuse to accept representation of an indigent unless: a) he is in no position to carry out the work effectively or competently b) he labours under a conflict of interest between him and the prospective client or between a present client and the prospective client Rule 14. A lawyer shall not decline. A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a prospective client.04. Rule 15.secretariat] [Dionne_Sanchez. A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients.05. conciliator or arbitrator in settling disputes. Rule 18.acads] [Jam_Jacob.head] [Nayna_Malayang. A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. CANON 15 A lawyer shall observe candor.deputy] [Rhudz_Raymundo. A lawyer shall not borrow money from his client unless the client’s interests are fully protected by the nature of the case or by independent advice. he has to advance necessary expenses in a legal matter he is handling for the client. A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. Neither shall a lawyer lend money to a client except.crim_law] [Vivian_Tan/Justin_Mendoza. Rule 16. Rule 16. act as a mediator. with the consent of his [Lorybeth_Baldrias. A lawyer shall deliver the funds and property of his client when due or upon demand.legal_ethics] [Lianne_Gervasio.02. A lawyer shall impress upon his client compliance with the laws and the principles of fairness.rem_law] [Paul_Sorino/Judy_Ripol. in conferring with a prospective client.tax_law] . A lawyer may. He shall also have a lien to the same extent on all judgements and executions he has secured for his client as provided in the RoC. Rule 15. Rule 15.04.08.04. Rule 15.poli_law] [Ascheia_Yumul.02. with the written consent of all concerned.01.because of his own opinion regarding the guilt of said person Rule 14. CANON 18 A lawyer shall serve his client with competence and diligence.01. when in the interest of justice.03. A lawyer shall not state or imply that he is able to influence any public official. and if so. Rule 16. Rule 15. A lawyer shall account for all money or property collected or received for or from the client.printing] [Miles_Malaya.civ_law] [Hya_Rafael/Mac_Macapagal.06. except for serious and sufficient cause. However. when advising his client shall give a candid and honest opinion on the merits and probable results of the client’s case. However. A lawyer. Rule 15. shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest. he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements. A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity.07. A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him. Rule 14. he may render such service if. neither overstating nor understating the prospects of the case. an appointment as counsel de oficio or as amicus curiae. Rule 15. 131 CANON 16 A lawyer shall hold in trust all moneys and properties of his client that may come to his possession. Rule 15.design] Bobbie_StaMaria.01. or a request from the IBP or any of its chapters for rendition of free legal aid.02.

02. whether occasional or established.02. use information acquired in the course of employment.03.labor_law] [Miguel_DeJesus.04.03. A lawyer shall not allow his client to dictate the procedure in handling the case.legal_ethics] [Lianne_Gervasio. A lawyer shall adopt such measures as may be required to prevent those whose [Lorybeth_Baldrias. Rule 18. shall promptly call upon the client to rectify the same. A lawyer shall. A lawyer shall not. b) When required by law. Rule 20. a) When authorized by the client after acquainting him of the consequences of the disclosure. in case of referral. and his negligence in connection therewith shall render him liable.client. Rule 20. A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition.tax_law] . Rule 19.03. A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present. and The professional standing of the lawyer.deputy] [Rhudz_Raymundo. A lawyer shall not reveal the confidences or secrets of his client except. rebate or forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than the client. Rule 21. a) The time spent and the extent of the service rendered or required. data processing. without the written consent of his client. unless the client with full knowledge of the circumstances consents thereto.crim_law] [Vivian_Tan/Justin_Mendoza. give information from his files to an outside agency seeking such information for auditing. or any similar purpose. Rule 21.03. in the course of the representation.comm_law] [Ces_Sicangco/Rowena_Romero. The character of the employment. CANON 19 A lawyer shall keep represent his client with zeal within the bounds of the law.02.secretariat] [Dionne_Sanchez.01. b) The novelty and difficulty of the questions involved. f) The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs. without the full knowledge and consent of the client. costs. 132 Rule 20.design] Bobbie_StaMaria. be entitled to a division of fees in proportion to the work performed and responsibility assumed.civ_law] [Hya_Rafael/Mac_Macapagal. participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding. statistical.01. injustice or fraud. A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to the client's request for information. and failing which he shall terminate the relationship with such client in accordance with the Rules of Court. d) The skill demanded. Rule 21. A lawyer shall not neglect a legal matter entrusted to him. reward. h) i) j) The contingency or certainty of compensation. CANON 20 A lawyer shall charge only fair and reasonable fees. c) When necessary to collect his fees or to defend himself. interest. c) The importance of the subject matter. A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client.04. accounting.04.poli_law] [Ascheia_Yumul.acads] [Jam_Jacob. his employees or associates or by judicial action. Rule 21. Rule 18. A lawyer shall not handle any legal matter without adequate preparation. A lawyer shall not. A lawyer shall be guided by the following factors in determining his fees. A lawyer shall not. nor shall he use the same to his own advantage or that of a third person.printing] [Miles_Malaya. he can obtain as collaborating counsel a lawyer who is competent on the matter. perpetrated a fraud upon a person or tribunal. g) The amount involved in the controversy and the benefits resulting to the client from the service. Rule 20. to the disadvantage of his client.02. CANON 21 A lawyer shall preserve the confidence and secrets of his client even after the attorneyclient relation is terminated. e) The probability of losing other employment as a result of acceptance of the proffered case. with the consent of the client.01.05. accept any fee. Rule 18.rem_law] [Paul_Sorino/Judy_Ripol. Rule 19. bookkeeping. Rule 21.head] [Nayna_Malayang. Rule 19. A lawyer who has received information that his client has. commission.lectures] [Japee_DeLeon.

head] [Nayna_Malayang.acads] [Jam_Jacob. subject to a retainer lien.06.printing] [Miles_Malaya. A lawyer shall avoid indiscreet conversation about a client's affairs even with members of his family. A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interest.rem_law] [Paul_Sorino/Judy_Ripol. Sec. and g) Other similar cases.secretariat] [Dionne_Sanchez. 1. Now. and that it is essential that judges. the Bangalore Draft of the Code of Judicial Conduct adopted by the Judicial Group on Strengthening Judicial Integrity was deliberated upon and approved after incorporating therein several amendments. WHEREAS. No.labor_law] [Miguel_DeJesus. on 25-26 November 2002. JUDICIARY (June 1. A judge shall therefore uphold and exemplify judicial independence in both its individual and institutional aspects.lectures] [Japee_DeLeon. from disclosing or using confidences or secrets of the clients. at the Round Table Meeting of Chief Justices held at the Peace Palace. the Bangalore Draft.02. direct or indirect. 2004) [Lorybeth_Baldrias.civ_law] [Hya_Rafael/Mac_Macapagal. A.01.deputy] [Rhudz_Raymundo. free of any extraneous influence.poli_law] [Ascheia_Yumul. Judges shall exercise the judicial function independently on the basis of their assessment of the facts and in accordance with a conscientious understanding of the law. the adoption of the universal declaration of standards for ethical conduct of judges embodied in the Bangalore Draft as revised at the Round Table Conference of Chief Justices at The Hague is imperative not only to update and correlate the Code of Judicial Conduct and the Canons of Judicial Ethics adopted for the Philippines.M. b) When the client insists that the lawyer pursue conduct violative of these canons and rules.07. the Bangalore Draft is founded upon a universal recognition that a competent. A lawyer may withdraw his services in any of the following case: a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling. individually and collectively. that public confidence in the judicial system and in the moral authority and integrity of the judiciary is of utmost importance in a modern democratic society. Rule 22. the Court hereby adopts this New Code of Judicial Conduct for the Philippine Judiciary: CANON 1 INDEPENDENCE Judicial independence is a pre-requisite to the rule of law and a fundamental guarantee of a fair trial. Rule 21. from any quarter or for any reason.tax_law] . f) When the lawyer is elected or appointed to public office.services are utilized by him.comm_law] [Ces_Sicangco/Rowena_Romero. but also to stress the Philippines' solidarity with the universal clamor for a universal code of judicial ethics. Rule 21. e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement. Rule 22.legal_ethics] [Lianne_Gervasio. at which the Philippine Supreme Court was represented by the Chief Justice and Associate Justice Reynato S. Puno. pressure. inducement. THEREFORE. independent and impartial judiciary is essential if the courts are to fulfill their role in upholding constitutionalism and the rule of law. respect and honor judicial office as a public trust and strive to enhance and maintain confidence in the judicial system. c) When his inability to work with co-counsel will not promote the best interest of the client. and shall cooperative with his successor in the orderly transfer of the matter. d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively. threat or interference. as amended. is intended to be the Universal Declaration of Judicial Standards applicable in all judiciaries. including all information necessary for the proper handling of the matter. WHEREAS. WHEREAS. The Hague. immediately turn over all papers and property to which the client is entitled. 133 CANON 22 A lawyer shall withdraw his services only for a good cause and upon notice appropriate in the circumstances.crim_law] [Vivian_Tan/Justin_Mendoza. A lawyer who withdraws or is discharged shall. WHEREAS.design] Bobbie_StaMaria. 03-05-01-SC ADOPTING THE NEW CODE OF JUDICIAL CONDUCT FOR THE PHIL.

5.crim_law] [Vivian_Tan/Justin_Mendoza. bias or prejudice. Judges shall not allow family. Judges shall not knowingly. or other relationships to influence judicial conduct or judgment. .comm_law] [Ces_Sicangco/Rowena_Romero. The behavior and conduct of judges must reaffirm the people's faith in the integrity of the judiciary. Judges should take or initiate appropriate disciplinary measures against lawyers or court personnel for unprofessional conduct of which the judge may have become aware. Justice must not merely be done but must also be seen to be done. Judges shall exhibit and promote high standards of judicial conduct in order to reinforce public confidence in the judiciary which is fundamental to the maintenance of judicial independence. but must also appear to be free therefrom to a reasonable observer. Sec. Sec. trustee or lawyer in the case or matter in controversy.legal_ethics] [Lianne_Gervasio. nor convey or permit others to convey the impression that they are in a special position to influence the judge.secretariat] [Dionne_Sanchez.head] [Nayna_Malayang. Sec. both in and out of court. Sec. 8. 4. Judges shall disqualify themselves from participating in any proceedings in which they are unable to decide the matter impartially or in which it may appear to a reasonable observer that they are unable to decide the matter impartially. Sec. (j) The judge. Judges shall perform their judicial duties without favor.rem_law] [Paul_Sorino/Judy_Ripol. or could come before. Judges shall be independent in relation to society in general and in relation to the particular parties to a dispute which he or she has to adjudicate. or the judge or lawyer was a material witness therein.civ_law] [Hya_Rafael/Mac_Macapagal.poli_law] [Ascheia_Yumul. Sec. 2. maintains and enhances the confidence of the public. Judges shall be independent from judicial colleagues in respect of decisions which the judge is obliged to make independently. The prestige of judicial office shall not be used or lent to advance the private interests of others. Sec. and influence by. CANON 3 IMPARTIALITY Impartiality is essential to the proper discharge of the judicial office. In performing judicial duties. Sec. Sec. Nor shall judges make any comment in public or otherwise that might affect the fair trial of any person or issue. 2. the legal profession and litigants in the impartiality of the judge and of the judiciary. Sec. guardian. (l) The judge's ruling in a lower court is the subject of review.design] Bobbie_StaMaria. has an economic interest in the outcome of the matter in controversy. or a member of his or her family. social.lectures] [Japee_DeLeon. administrator. Judges shall refrain from influencing in any manner the outcome of litigation or dispute pending before another court or administrative agency. It applies not only to the decision itself but also to the process by which the decision is made.Sec. but are not limited to. so far as is reasonable.deputy] [Rhudz_Raymundo. 7. instances where (h) The judge has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts concerning the proceedings. Sec. 3. Judges shall. the executive and legislative branches of government. 1. 1. 6. while a proceeding is before. Judges shall not only be free from inappropriate connections with. CANON 2 INTEGRITY Integrity is essential not only to the proper discharge of the judicial office but also to the personal demeanor of judges. Such proceedings include. Judges shall ensure that not only is their conduct above reproach. (k) The judge served as executor. 5. Judges shall ensure that his or her conduct. (m) The judge is related by consanguinity or affinity to a party litigant within the sixth civil degree or to counsel within the fourth civil degree. Sec.printing] [Miles_Malaya. 3. but that it is perceived to be so in the view of a reasonable observer. them make any comment that might reasonably be expected to affect the outcome of such proceeding or impair the manifest fairness of the process. Judges shall encourage and uphold safeguards for the discharge of judicial duties in order to maintain and enhance the institutional and operational independence of the judiciary. Sec.tax_law] .acads] [Jam_Jacob. 3. so conduct themselves as to minimize the occasions on which it will be necessary for them to be disqualified from hearing or deciding cases. 2. or a former associate of the judge served as counsel during their association. Sec. (i) The judge previously served as a lawyer or was a material witness in the matter in controversy. or 134 [Lorybeth_Baldrias. 4.labor_law] [Miguel_DeJesus.

judges shall conduct themselves in a way that is consistent with the dignity of the judicial office. Judges shall not allow the use of their residence by a member of the legal profession to receive clients of the latter or of other members of the legal profession. teach and participate in activities concerning the law. in the subject matter in controversy or in a party to the proceeding. Judges shall. 10. association and assembly. 11.comm_law] [Ces_Sicangco/Rowena_Romero. they shall always conduct themselves in such a manner as to preserve the dignity of the judicial office and the impartiality and independence of the judiciary. bequest. Judges shall not participate in the determination of a case in which any member of their family represents a litigant or is associated in any manner with the case. 14. but in exercising such rights. the administration of justice or related matters. Judges shall not knowingly permit court staff or others subject to their influence. or those of a member of their family or of anyone else. lecture. are entitled to freedom of expression. Sec. The agreement. instead of withdrawing from the proceeding. Sec. 8. Sec. (f) Engage in other activities if such activities do not detract from the dignity of the judicial office or otherwise interfere with the performance of judicial duties. Sec. 7. 6. Sec. the judge may then participate in the proceeding. or accept. 13. 2. Sec. or any other interest that could be substantially affected by the outcome of the proceedings.printing] [Miles_Malaya. Sec. belief. signed by all parties and lawyers. fiduciary. loan or favor in relation to anything done or to be done or omitted to be done in connection with their duties or functions. Confidential information acquired by judges in their judicial capacity shall not be used or disclosed by for any other purpose related to their judicial duties. 4.poli_law] [Ascheia_Yumul. bequest. shall be incorporated in the record of the proceedings. 9. 12. Sec. judges may 135 [Lorybeth_Baldrias.acads] [Jam_Jacob.rem_law] [Paul_Sorino/Judy_Ripol. legatee. avoid situations which might reasonably give rise to the suspicion or appearance of favoritism or partiality. 15. Judges may form or join associations of judges or participate in other organizations representing the interests of judges.labor_law] [Miguel_DeJesus. creditor. Sec.tax_law] . Judges shall not practice law whilst the holder of judicial office. judges must accept personal restrictions that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly. Judges and members of their families shall neither ask for. or otherwise. the administration of justice or related matters.crim_law] [Vivian_Tan/Justin_Mendoza. If.head] [Nayna_Malayang. the parties and lawyers independently of the judge's participation. Sec.legal_ethics] [Lianne_Gervasio. 5. like any other citizen. Judges shall not use or lend the prestige of the judicial office to advance their private interests. to ask for. Sec. Subject to law and to any legal requirements of public disclosure. nor accept. Judges.(n) The judge knows that his or her spouse or child has a financial interest. (e) Appear at a public hearing before an official body concerned with matters relating to the law.secretariat] [Dionne_Sanchez. As a subject of constant public scrutiny. any gift. In particular. Sec. CANON 4 PROPRIETY Propriety and the appearance of propriety are essential to the performance of all the activities of a. nor shall they convey or permit others to convey the impression that anyone is in a special position improperly to influence them in the performance of judicial duties. the legal system. Subject to the proper performance of judicial duties.deputy] [Rhudz_Raymundo. Sec. based on such disclosure. judges may (d) Write. Sec. 6. 1. all agree in writing that the reason for the inhibition is immaterial or unsubstantial. direction or authority.design] Bobbie_StaMaria. as heir. in their personal relations with individual members of the legal profession who practice regularly in their court. Sec. Judges shall inform themselves about their personal fiduciary financial interests and shall make reasonable efforts to be informed about the financial interests of members of their family. 3.lectures] [Japee_DeLeon. disclose on the records the basis of disqualification.civ_law] [Hya_Rafael/Mac_Macapagal. the legal system. judge. any gift. loan or favor in relation to anything done or to be done or omitted to be done by him or her in connection with the performance of judicial duties. Sec. Judges shall avoid impropriety and the appearance of impropriety in all of their activities. A judge disqualified as stated above may.

son. witnesses. 1.secretariat] [Dionne_Sanchez. immaterial to the proper performance of such duties. court staff and judicial colleagues.deputy] [Rhudz_Raymundo. direction or control to differentiate between persons concerned. direction or control. bias or prejudice based on irrelevant grounds. 5. unless the context otherwise permits or requires.lectures] [Japee_DeLeon. award or benefit might not reasonably be perceived as intended to influence the judge in the performance of judicial duties or otherwise give rise to an appearance of partiality. DEFINITIONS In this Code. daughter-in-law. Judges shall not engage in conduct incompatible with the diligent discharge of judicial duties. daughter. witnesses. 4. son-in-law. Judges shall take reasonable steps to maintain and enhance their knowledge.labor_law] [Miguel_DeJesus. Sec. to judges. and any other relative by consanguinity or affinity within the sixth civil degree. 1. Sec. 6. by words or conduct. in a matter before the judge. Judges shall carry out judicial duties with appropriate consideration for all persons. This Code. "Judge's family" includes a judge's spouse. Judges shall require lawyers in proceedings before the court to refrain from manifesting. 7. sex. by words or conduct. however designated. on any irrelevant ground. sexual orientation. Sec. Sec. court staff and others subject to their influence. Judges shall keep themselves informed about relevant developments of international law. Judges shall require similar conduct of legal representatives.head] [Nayna_Malayang. including international conventions and other instruments establishing human rights norms. supersedes the Canons of Judicial Ethics and the Code of Judicial Conduct heretofore applied in the Philippines to the extent that the provisions or concepts therein 136 [Lorybeth_Baldrias. skills and personal qualities necessary for the proper performance of judicial duties. Judges shall perform all judicial duties. Judges shall be aware of. including but not limited to race.tax_law] . Sec. under judicial control. color. 2. which include not only the performance of judicial functions and responsibilities in court and the making of decisions. without differentiation on any irrelevant ground. except such as are legally relevant to an issue in proceedings and may be the subject of legitimate advocacy. marital status.receive a token gift. or person who is a companion or employee of the judge and who lives in the judge's household. in the performance of judicial duties. award or benefit as appropriate to the occasion on which it is made provided that such gift. which shall hereafter be referred to as the New Code of Judicial Conduct for the Philippine Judiciary.legal_ethics] [Lianne_Gervasio. but also other tasks relevant to the judicial office or the court's operations. Sec. 3. 2. Judges shall not. Sec. lawyers and others with whom the judge deals in an official capacity. including the delivery of reserved decisions. social and economic status and other like causes. dignified and courteous in relation to litigants. The judicial duties of a judge take precedence over all other activities. 4. 5. such as the parties. Sec.design] Bobbie_StaMaria. age. Sec. Judges shall maintain order and decorum in all proceedings before the court and be patient.acads] [Jam_Jacob. caste.crim_law] [Vivian_Tan/Justin_Mendoza. disability. lawyers.rem_law] [Paul_Sorino/Judy_Ripol. "Judge" means any person exercising judicial power.comm_law] [Ces_Sicangco/Rowena_Romero. Sec. taking advantage for this purpose of the training and other facilities which should be made available. manifest bias or prejudice towards any person or group on irrelevant grounds. Judges shall devote their professional activity to judicial duties. Judges shall not knowingly permit court staff or others subject to his or her influence.poli_law] [Ascheia_Yumul.printing] [Miles_Malaya. the following meanings shall be attributed to the words used: "Court staff" includes the personal staff of the judge including law clerks. diversity in society and differences arising from various sources. and understand. national origin. religion. CANON 5 EQUALITY Ensuring equality of treatment to all before the courts is essential to the due performance of the judicial office. fairly and with reasonable promptness. efficiently. Sec. 3.civ_law] [Hya_Rafael/Mac_Macapagal. CANON 6 COMPETENCE AND DILIGENCE Competence and diligence are prerequisites to the due performance of judicial office. Sec.

_________________________. Requirements for lawyers who are citizens of the United States of America. 3.labor_law] [Miguel_DeJesus.civ_law] [Hya_Rafael/Mac_Macapagal. I will support its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein.are embodied in this Code: Provided. Promulgated this 27th day of April 2004. that in case of deficiency or absence of specific provisions in this New Code. Requirements for all applicants for admission to the bar. 1946.secretariat] [Dionne_Sanchez. the Canons of Judicial Ethics and the Code of Judicial Conduct shall be applicable in a suppletory character. nor give aid nor consent to the same. before July 4. and will conduct [Lorybeth_Baldrias. following its publication not later than 15 May 2004 in two newspapers of large circulation in the Philippines to ensure its widest publicity. and that no charges against him. have been filed or are pending in any court in the Philippines.printing] [Miles_Malaya. upon satisfactory proof of those facts before the Supreme Court. however. nor consent to the doing of any in court. and must produce before the Supreme Court satisfactory evidence of good moral character. Sec. be allowed to continue such practice after taking the following oath of office: "I. false or unlawful suit. 1992.—Every applicant for admission as a member of the bar must be a citizen of the Philippines.legal_ethics] [Lianne_Gervasio.head] [Nayna_Malayang. at least twenty-one years of age.] Sec 1. 1968 and February 13. of good moral character.— Citizens of the USA who.—Any person heretofore duly admitted as a member of the bar. involving moral turpitude. having been permitted to continue in the practice of law in the Philippines.acads] [Jam_Jacob. I will not wittingly or willingly promote or sue any groundless. and a resident of the Philippines. 137 ANNEXED RULES OF COURT RULE 138 ATTORNEYS AND ADMISSION TO BAR [As amended by SC Resolutions dated May 20. were duly licensed members of the Philippine Bar.lectures] [Japee_DeLeon. Sec.tax_law] .design] Bobbie_StaMaria.crim_law] [Vivian_Tan/Justin_Mendoza. 2.rem_law] [Paul_Sorino/Judy_Ripol. or hereafter admitted as such in accordance with the provisions of this rule. I will do no falsehood. Who may practice law. This New Code of Judicial Conduct for the Philippine Judiciary shall take effect on the first day of June 2004. do solemnly swear that I recognize the supreme authority of the Republic of the Philippines. in active practice in the courts of the Philippines and in good and regular standing as such may.poli_law] [Ascheia_Yumul.deputy] [Rhudz_Raymundo. I will delay no man for money or malice. is entitled to practice law. and who is in good and regular standing.comm_law] [Ces_Sicangco/Rowena_Romero.

The questions shall be the same for all examinees and a copy thereof. So help me God. Remedial Law (Civil Procedure.deputy] [Rhudz_Raymundo. 8. Sec. officially approved and recognized by the Secretary of Education. satisfactorily show that they have regularly studied law for four years.legal_ethics] [Lianne_Gervasio. political law.printing] [Miles_Malaya. 4. taxation and legal ethics. Taxation. before being admitted to the examination. subjects.design] Bobbie_StaMaria.poli_law] [Ascheia_Yumul. The committee of bar examiners shall take such precautions as are necessary to prevent the substitution of papers or commission of other frauds. spanish. Labor and Social Legislation. 11. Sec.comm_law] [Ces_Sicangco/Rowena_Romero. Sec.acads] [Jam_Jacob. and in writing. may. by questions and answers. If not embraced within sections 3 and 4 of this rule they shall also file within the same period the affidavit and certificate required by section 5. Examination. he had pursued and satisfactorily completed in an authorized and recognized university or college. Applicants shall also file at the same time their own affidavits as to their age. 7. shall be filed as evidence of such facts. and successfully completed all prescribed courses. Upon verified application made by an examinee stating that his penmanship is so poor that it will be difficult to read his answers without much loss of time. or in the highest court of any State or Territory of the United States. Sec.tax_law] . Sec. history and economics. Public Corporations. Sec. shall be given to each examinee. Time for filing proof of qualifications. accompanied by a certificate from the university or school of law. labor and social legislation.—No applicant for admission to the bar examination shall be admitted unless he presents a certificate that he has satisfied the Secretary of Education that.secretariat] [Dionne_Sanchez. Political Law (Constitutional Law. remedial law. in a law school or university. No oral examination shall be given. Pre-Law. Requirements for applicants from other jurisdictions. International Law (Private and Public). The affidavit of the candidate. for at least 10 days before the beginning of the examination. the Supreme Court may allow such examinee to use a typewriter in answering the questions. 10. books or notes into the examination rooms. Additional requirements for other applicants. english. Bar examination.—All applicants for admission other than those referred to in the two preceding sections shall. requiring for admission thereto the completion of a four-year high school course. medical jurisprudence. not otherwise provided for in sections 3 and 4 of this rule. 9. the course of study prescribed therein for a bachelor's degree in arts or sciences with any of the following subjects as major or field of concentration: political science.—Applicants. that such practice began before July 4. in the discretion of the Court. commercial law. and I impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. Examinees shall not place their names on the examination papers. Examinees shall answer the questions personally without help from anyone. before he began the study of law. are enrolled attorneys in good standing in the Supreme Court of the United States or in any circuit court of appeals or district court therein. Sec.—Persons taking the examination shall not bring papers. 1946. and if embraced within sections 3 and 4 they shall exhibit a license evidencing the fact of their admission to practice. and that they have never been suspended or disbarred. Legal Ethics and Practical Exercises (in Pleading and Conveyancing).head] [Nayna_Malayang.—Examinations for admission to the bar of the Philippines shall take place annually in the City of Manila. criminal law. Only noiseless typewriters shall be allowed to be used. be admitted without examination.—All applicants for admission shall file with the clerk of the Supreme Court the evidence required by section 2 of this rule at least 15 days before the beginning of the examination. They shall be held in four days to be designated by the chairman of the committee on bar examiners. and citizenship.labor_law] [Miguel_DeJesus. public and private international law.rem_law] [Paul_Sorino/Judy_Ripol.crim_law] [Vivian_Tan/Justin_Mendoza. The subjects shall be distributed as follows: 138 [Lorybeth_Baldrias. being Filipino citizens. No applicant shall be admitted to the bar examinations unless he has satisfactorily completed the following courses in a law school or university duly recognized by the government: civil law. 5.lectures] [Japee_DeLeon. Annual examination. satisfactory evidence that the same has not been revoked. Mercantile Law. Criminal Procedure. English and Spanish." Sec. Criminal Law.—Notice of applications for admission shall be published by the clerk of the Supreme Court in newspapers published in Pilipino. and certificates as to their professional standing. and further evidence may be required by the court. shall be subjected to examinations in the following subjects: Civil Law. and Evidence). and who can show by satisfactory certificates that they have practiced at least five years in any of said courts.civ_law] [Hya_Rafael/Mac_Macapagal. Notice of applications. 6. and Public Officers).myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the courts as to my clients. in English or Spanish. residence. logic.—Applicants for admission who.

filing of examination papers.rem_law] [Paul_Sorino/Judy_Ripol. and such defenses only as he believes to be honestly debatable under the law.head] [Nayna_Malayang. Sec.—Not later than February 15th after the examination. The candidate who violates this provision. Duties of attorneys. Disciplinary measures. Sec. Taxation. m) n) [Lorybeth_Baldrias. Failing candidates to take review course. including permanent disqualification. the committee shall file its reports on the result of such examination. 5 %.1st day:Political and International Law (morning) and Labor and Social Legislation (afternoon). the subjects in the examination shall be given the following relative weights: Civil Law. 15 %. 20. and shall direct an order to be entered to that effect upon its records. Sec.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law] .civ_law] [Hya_Rafael/Mac_Macapagal. or any other provision of this rule. 10 %. or as soon thereafter as may be practicable. Report of the committee.—In order that a candidate may be deemed to have passed his examinations successfully.lectures] [Japee_DeLeon. Labor and Social Legislation.The clerk of the SC shall keep a roll of all attorneys admitted to practice. for the purpose of maintaining the causes confided to him. 12. who shall act as chairman. after the court has approved the report. Political and International Law. and at every peril to himself. and further disciplinary action.--It is the duty of an attorney: 139 j) k) l) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines. without falling below 50 % in any subject. Sec. 20 %. and during examination the candidates shall not communicate with each other nor shall they give or receive any assistance.secretariat] [Dionne_Sanchez.—An applicant who has passed the required examination. This committee shall be composed of a Justice of the Supreme Court. such means only as are consistent with truth and honor. Sec.printing] [Miles_Malaya. 3rd day: Mercantile Law (morning) and Criminal Law (afternoon). 10 %. he must have obtained a general average of 75 % in all subjects. 10 %. 17.—The SC shall thereupon admit the applicant as a member of the bar for all the courts of the Philippines. 19. 18. 15 %.—Examinations shall be conducted by a committee of bar examiners to be appointed by the Supreme Court. To maintain inviolate the confidence. Passing average. shall take and subscribe before the Supreme Court the corresponding oath of office.design] Bobbie_StaMaria. Remedial Law. Sec.—No candidate shall endeavor to influence any member of the committee. who shall hold office for a period of one year. which certificate shall be his authority to practice. Attorneys' roll. which roll shall be signed by the person admitted when he receives his certificate.poli_law] [Ascheia_Yumul.deputy] [Rhudz_Raymundo. Criminal Law. Mercantile Law. To employ. 15 %. Certificate. or has been otherwise found to be entitled to admission to the bar.labor_law] [Miguel_DeJesus. The names of the members of this committee shall be published in each volume of the official reports. Sec. and who shall be designated by the court to serve for one year. and that a certificate of such record be given to him by the clerk of court. 4th day: Remedial Law (morning) and Legal Ethics and Practical Exercises (afternoon). to preserve the secrets of his client. Sec. To counsel or maintain such actions or proceedings only as appear to him to be just.legal_ethics] [Lianne_Gervasio. 14. Committee of examiners. To observe and maintain the respect due to the courts of justice and judicial officers.crim_law] [Vivian_Tan/Justin_Mendoza. In determining the average. may be taken in the discretion of the court. The examination papers and notes of the committee shall be fixed with the clerk and may there be examined by the parties in interest. and the same to count as a failure against him.acads] [Jam_Jacob. and to accept no compensation in connection with his client's business except from him or with his knowledge and approval. Legal Ethics and Practical Exercises. The professors of the individual review subjects attended by the candidates under this rule shall certify under oath that the candidates have regularly attended classes and passed the subjects under the same conditions as ordinary students and the ratings obtained by them in the particular subject. 15. shall be barred from the examination. .—Candidates who have failed the bar examinations for three times shall be disqualified from taking another examination unless they show to the satisfaction of the court that they have enrolled in and passed regular fourth year review classes as well as attended a pre-bar review course in a recognized law school. 16. and eight members of the bar of the Philippines. Sec. 2nd day: Civil Law (morning) and Taxation (afternoon). and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law. 13. Admission and oath of successful applicants.

comm_law] [Ces_Sicangco/Rowena_Romero. and on hearing. regardless of his personal opinion as to the guilt of the accused. without special authority. to present every defense that the law permits. unless required by the justice of the cause with which he is charged. on notice to the client and attorney. and written notice of the change shall be given to the adverse party.—A member of the bar may be removed or suspended from his office as attorney by the Supreme Court for any deceit. compromise their client's litigation. Compensation of attorneys. Sec. In case of substitution. by all fair and honorable means.—An attorney who appears de parte in a case before a lower court shall be presumed to continue representing his client on appeal. unless by leave of the court. Authority of attorney to appear.—An attorney may retire at any time from any action or special proceeding. 21. without the consent of his client. and the professional standing of the attorney. to the end that no person may be deprived of life or liberty. Attorneys removed or suspended by Supreme Court on what grounds. he may be punished for contempt as an officer of the Court who has misbehaved in his official transactions.—When an attorney unjustly retains in his hands money of his client after it has been demanded. or for any violation of the oath 140 Sec. on motion of either party and on reasonable grounds therefor being shown. and to disclose.—An attorney shall be entitled to have [Lorybeth_Baldrias. 24. determine that he ought to be allowed to retire. Never to reject. Authority of attorneys to bind clients.rem_law] [Paul_Sorino/Judy_Ripol. in the discretion of the court.crim_law] [Vivian_Tan/Justin_Mendoza. Sec. and in taking appeals. unless he files a formal petition withdrawing his appearance in the appellate court. but proceedings under this section shall not be a bar to a criminal prosecution. and no written power of attorney is required to authorize him to appear in court for his client.head] [Nayna_Malayang. An attorney wilfully appearing in court for a person without being employed. A client may at any time dismiss his attorney or substitute another in his place. Sec. Unlawful retention of client's funds. but may disregard such testimony and base its conclusion on its own professional knowledge. 26. contempt.lectures] [Japee_DeLeon. the attorney may. p) q) r) and recover from his client no more than a reasonable compensation for his services.design] Bobbie_StaMaria. Not to encourage either the commencement or the continuance of an action or proceeding. intervene in the case to protect his rights.legal_ethics] [Lianne_Gervasio. should the court. by the written consent of his client filed in court. or other gross misconduct in such office. 22. 27.tax_law] . 23. the name of the attorney newly employed shall be entered on the docket of the court in place of the former one. In the defense of a person accused of crime. However.printing] [Miles_Malaya. Sec. the name of the person who employed him. or by reason of his conviction of a crime involving moral turpitude. require any attorney who assumes the right to appear in a case to produce or prove the authority under which he appears.poli_law] [Ascheia_Yumul. and may thereupon make such order as justice requires. Change of attorneys. For the payment of his compensation the attorney shall have a lien upon all judgments for the payment of money. but by due process of law. the cause of the defenseless or oppressed. grossly immoral conduct. Attorney who appears in lower court presumed to represent client on appeal. or delay any man's cause.acads] [Jam_Jacob.— Attorneys have authority to bind their clients in any case by any agreement in relation thereto made in writing. whenever pertinent to any issue.secretariat] [Dionne_Sanchez.deputy] [Rhudz_Raymundo.labor_law] [Miguel_DeJesus. A written contract for services shall control the amount to be paid therefor unless found by the court to be unconscionable or unreasonable. the extent of the services rendered. and in all matters of ordinary judicial procedure. from any corrupt motive or interest. 25. but if the contract between client and attorney has been reduced to writing and the dismissal of the attorney was without justifiable cause. Sec. he shall be entitled to recover from the client the full compensation stipulated in the contract. rendered in the case wherein his services had been retained by the client. malpractice. He may also retire at any time from an action or special proceeding. may be punished for contempt as an officer of the court who has misbehaved in his official transactions. with a view to the importance of the subject matter of the controversy. Sec. and executions issued in pursuance of such judgment.civ_law] [Hya_Rafael/Mac_Macapagal. for any consideration personal to himself. or receive anything in discharge of a client's claim but the full amount in cash. but the presiding judge may. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation. But they cannot. agreement as to fees.—An attorney is presumed to be properly authorized to represent any cause in which he appears.o) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness.

tax_law] .labor_law] [Miguel_DeJesus. permit the appearance. and executions issued in pursuance of such judgments.comm_law] [Ces_Sicangco/Rowena_Romero.which he is required to take before admission to practice. a party may conduct his litigation personally or by aid of an attorney. Suspension of attorney by the Court of Appeals or a Court of First Instance. Attorneys for destitute litigants. 36. Standing in court of persons authorized to appear for Government. Amicus curiae.crim_law] [Vivian_Tan/Justin_Mendoza. in special cases.poli_law] [Ascheia_Yumul. or with the aid of an attorney. the court may proceed to determine the matter ex parte. and to be heard by himself or counsel. Attorneys' liens. (2) One hundred pesos (P100.00) in light felonies.00) in capital offenses. invite prominent attorneys to appear as amici curiae in such special cases.printing] [Miles_Malaya. or it may. 31. The practice of soliciting cases at law for the purpose of gain. But if upon reasonable notice he fails to appear and answer the accusation. and after such suspension such attorney shall not practice his profession until further action of the Supreme Court in the premises. and his appearance must be either personal or by a duly authorized member of the bar.—A court may assign an attorney to render professional aid free of charge to any party in a case. Attorney to be heard before removal or suspension.head] [Nayna_Malayang. Sec.rem_law] [Paul_Sorino/Judy_Ripol. further proceedings in Supreme Court.design] Bobbie_StaMaria. constitutes malpractice. Upon suspension by Court of Appeals or Court of First Instance. Sec.—The Court of Appeals or a Court of First Instance may suspend an attorney from practice for any of the causes named in the last preceding section. which he has secured in a litigation of his client. 30.acads] [Jam_Jacob. Sec. 35.secretariat] [Dionne_Sanchez. if upon investigation it appears that the party is destitute and unable to employ an attorney. Compensation for attorneys de oficio. as amici curiae. it shall not be less than thirty pesos (P30. In any other court. He shall also have a lien to the same extent upon all judgments for the payment of money. shall engage in private practice as a member of the bar or give professional advice to clients.—No judge or other official or employee of the superior courts or of the Office of the Solicitor General. 33. 28. and that the services of counsel are necessary to secure the ends of justice and to protect the rights of the party. unless he is excused therefrom by the court for sufficient cause shown. and shall have caused written notice thereof to be delivered to his client and to 141 [Lorybeth_Baldrias.00) in less grave felonies.—In the court of a justice of the peace a party may conduct his litigation in person. It shall be the duty of the attorney so assigned to render the required service.— Subject to availability of funds as may be provided by law the court may.00) in grave felonies other than capital offenses. nor more than the following amounts: (1) Fifty pesos (P50. (4) Five hundred pesos (P500. Certain attorneys not to practice. documents and papers of his client which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid. Sec. 34. Upon the receipt of such certified copy and statement. or for a wilfull disobedience of any lawful order of a superior court.—Any official or other person appointed or designated in accordance with law to appear for the Government of the Philippines shall have all the rights of a duly authorized member of the bar to appear in any case in which said government has an interest direct or indirect.deputy] [Rhudz_Raymundo. Sec. with the aid of an agent or friend appointed by him for that purpose. 29.—Upon such suspension.—An attorney shall have a lien upon the funds. By whom litigation conducted. in its discretion. either personally or through paid agents or brokers. on its own initiative. as the facts warrant. from and after the time when he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgment. order an attorney employed as counsel de oficio to be compensated in such sum as the court may fix in accordance with section 24 of this rule. or for corruptly or wilfully appearing as an attorney for a party to a case without authority so to do.lectures] [Japee_DeLeon. Sec. to produce witnesses in his own behalf.civ_law] [Hya_Rafael/Mac_Macapagal. until he has had full opportunity upon reasonable notice to answer the charges against him. Sec. the Court of Appeals or the Court of First Instance shall forthwith transmit to the Supreme Court a certified copy of the order or suspension and a full statement of the facts upon which the same was based.—The court may. and upon proper application. (3) Two hundred pesos (P200. 37. of those lawyers who in its opinion can help in the disposition of the matter before it. the Supreme Court shall make full investigation of the facts involved and make such order revoking or extending the suspension. or removing the attorney from his office as such.00) in any case. and may apply such funds to the satisfaction thereof. 32.—No attorney shall be removed or suspended from the practice of his profession. or issuing such execution. Whenever such compensation is allowed.legal_ethics] [Lianne_Gervasio. Sec. Sec. Sec.

poli_law] [Ascheia_Yumul. motions. motu proprio or upon referral by the SC or by a Chapter Board of Officers.rem_law] [Paul_Sorino/Judy_Ripol. shall be under the direct supervision and control of a member of the IBP duly accredited by the law school. Failure of an attorney to provide adequate supervision of student practice may be a ground for disciplinary action. and Judges of the Court of Tax Appeals and lower courts. 18.—The appearance of the law student authorized by this rule. Provided. The IBP Board of Governors may. Sec 4. How instituted.deputy] [Rhudz_Raymundo. and he shall have the same right and power over such judgments and executions as his client would have to enforce his lien and secure the payment of his just fees and disbursements. 2. All Investigators shall take an oath of office in the form prescribed by the Board of Governors. even if lawyers are jointly charged with them. initiate and prosecute proper charges against erring attorneys including those in the government service. or at the instance of any person.Proceedings for disbarment. HOW INSTITUTED AND BY WHOM RULE 138-A LAW STUDENT PRACTICE RULE (Dec.head] [Nayna_Malayang.design] Bobbie_StaMaria. 1986) Sec 1. (June 1.—A law student who has successfully complete his 3rd year of the regular 4 year prescribed law curriculum and is enrolled in a recognized law school’s clinical legal education program approved by the SC.The Board of Governors shall appoint from among IBP members an Investigator or. to represent indigent clients accepted by the legal clinic of the law school. may appear without compensation in any civil. Provided. that charges filed against Justices and Judges before the IBP.the adverse party. shall immediately be forwarded to the Supreme Court for disposition and adjudication.crim_law] [Vivian_Tan/Justin_Mendoza. Sec 3. Sec 1.comm_law] [Ces_Sicangco/Rowena_Romero. . An Investigator may be disqualified by reason of relationship within the 4th degree of consanguinity or affinity to any of the parties or [Lorybeth_Baldrias. GROUNDS See Rule 138 Sec. B. A copy of the Investigator's appointment and oath shall be transmitted to the Supreme Court. Any pleadings. PROCEEDINGS IN THE IBP 1.lectures] [Japee_DeLeon.printing] [Miles_Malaya. 27 supra C. criminal or administrative case before any trial court. tribunal. a panel of 3 investigators to investigate the complaint. further. 1988) [Outlined] 142 A. National Grievance Investigator. shall be filed with the Supreme Court. briefs. however.civ_law] [Hya_Rafael/Mac_Macapagal. .legal_ethics] [Lianne_Gervasio. acting for the legal clinic. Assignment to Investigator RULE 139-B DISBARMENT & DISCIPLINE OF ATTORNEYS Sec. must be signed by the supervising attorney for and in behalf of the legal clinic.secretariat] [Dionne_Sanchez. Appearance. The complaint shall state clearly and concisely the facts complained of and shall be supported by affidavits of persons having personal knowledge of the facts therein alleged and/or by such documents as may substantiate said facts. when special circumstances so warrant.— The law student shall comply with the standards of professional conduct governing members of the Bar. Privileged Communication. suspension or discipline of attorneys may be taken by the SC motu proprio.labor_law] [Miguel_DeJesus. including those filed prior to their appointment in the Judiciary. Conditions for student practice. Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the Secretary of any of its chapters who shall forthwith transmit the same to the IBP Board of Governors for assignment to an investigator. board or officer. that all charges against Justices of the Court of Tax Appeals and the Sandiganbayan. or by the IBP upon the verified complaint of any person. Sec 2. memoranda or other papers to be filed.—The Rules safeguarding privileged communications between attorney and client shall apply to similar communications made to or received by the law student. Standards of conduct and supervision.tax_law] .acads] [Jam_Jacob.

secretariat] [Dionne_Sanchez.tax_law] . No investigation shall be interrupted or terminated by reason of the (1) desistance. . Administrative counsel. . 4. which by majority vote of the members present. Depositions may be taken outside the Philippines before a diplomatic or consular representative of the Philippine Government or before any person agreed upon by the parties or designated by the Board of Governors. the same may be dismissed by the Board of Governors upon his recommendation.rem_law] [Paul_Sorino/Judy_Ripol. a party may appeal to the IBP Board of Governors.comm_law] [Ces_Sicangco/Rowena_Romero.legal_ethics] [Lianne_Gervasio. If the complaint does not merit action. The decision of the Board of Governors in all cases of disqualification or removal shall be final. Investigation Proper 143 Sec. (2) settlement. unless the parties sign and enter upon the record their written consent to his acting as such Investigator. to present witnesses on his behalf and be heard by himself and counsel. or if the answer shows to the satisfaction of the Investigator that the complaint is not meritorious. Within the Philippines. Such hearing shall. Sec. Sec.The answer shall be verified. Investigation. The IBP Board of Governors may thereafter conduct hearings. A copy of the resolution of dismissal shall be furnished the complainant and the SC which may review the case motu proprio or upon timely appeal of the complainant filed within 15 days from notice of the dismissal of the complainant. as far as practicable. Verification and service of answer. Depositions. However. Answer Sec. or any officer authorized by law to administer oaths. The National Grievance Investigators shall investigate all complaint against members of the Integrated Bar referred to them by the IBP Board of Governors. the investigation shall proceed ex parte. Duties of the National Grievance Investigator. 5. 9. The corresponding charge shall be filed by the Investigator before the IBP Board of Governors which shall require the alleged contemptor to show cause within ten (10) days from notice. Service on Respondent 4. after due hearing. [Lorybeth_Baldrias.The IBP Board of Governors shall appoint a suitable member of the Integrated Bar as counsel to assist the complainant or the respondent during the investigation in case of need for such assistance.The proper IBP Chapter may assist the complainant(s) in the preparation and filing of his complaint(s).labor_law] [Miguel_DeJesus.Depositions may be taken in accordance with the Rules of Court with leave of the investigator(s).head] [Nayna_Malayang. or (6) failure of the complainant to prosecute the same. if upon reasonable notice. The Investigator shall terminate the investigation within 3 months from the date of its commencement unless extended for good cause by the Board of Governors upon prior application. Sec.If the complaint appears to be meritorious. the President of any Chapter. . . Willfull failure or refusal to obey a subpoena or any other lawful order issued by the Investigator shall be dealt with as for indirect contempt of court. Service or dismissal. in accordance with the procedure set forth in this Rule for hearings before the Investigator.lectures] [Japee_DeLeon. which `shall forthwith be transmitted to the Supreme Court for final action and if warranted. by the vote of at least 6 members of the IBP Board Governors. . Any suitable members of the Integrated Bar in the place where a deposition shall be taken may be designated by the Investigator to assist the Sec. or his having acted as counsel for either party.Upon joinder of issues or upon failure of the respondent to answer. (3) compromise. 2. proceed with the investigation of the case.civ_law] [Hya_Rafael/Mac_Macapagal. The original and 5 legible copies of the answer shall be filed with the Investigator.acads] [Jam_Jacob. 6. there being a quorum. if necessary. the Investigator shall.poli_law] [Ascheia_Yumul. pecuniary interest. Chapter assistance to complainant.printing] [Miles_Malaya.deputy] [Rhudz_Raymundo. He shall have the power to issue subpoenas and administer oaths. requiring him to answer the same within 15 days from the date of service.design] Bobbie_StaMaria. be terminated within fifteen (15) days from its commencement. 7. with proof of service of a copy thereof on the complainant or his counsel. Where the Investigator does not disqualify himself.crim_law] [Vivian_Tan/Justin_Mendoza. . 3. Thereafter. 8. personal bias. The respondent shall be given full opportunity to defend himself. may order his disqualification. Any Investigator may also be removed for cause. (5) withdrawal of the charges. 3. Sec. depositions may be taken before any member of the Board of Governors. the IBP Board of Governors shall within like period fifteen (15) days issue a resolution setting forth its findings and recommendations. the respondent fails to appear. the Investigator shall direct that a copy thereof be served upon the respondent.their counsel. the imposition of penalty. (4) restitution. with deliberate speed.

16. 6 Decision or Review case shall be deemed terminated unless upon petition of the complainant or other interested party filed with the Supreme Court within 15 days from notice of the Board’s resolution. until further action of the Supreme Court in the case. .Not later than 30 days from the termination of the investigation. Every case heard by an investigator shall be reviewed by the IBP Board of Governors upon the record and evidence transmitted to it by the Investigator with his report.civ_law] [Hya_Rafael/Mac_Macapagal.legal_ethics] [Lianne_Gervasio. including invalidation of the entire proceedings.After receipt of respondent's answer or lapse of the period therefor. Section 27.Upon such suspension. the Supreme Court. . Report Sec. Suspension of attorneys by Supreme Court. or in the proceeding or the Investigator's Report shall be considered as substantial unless the Board of Governors. If the respondent is exonerated by the Board or the disciplinary sanction imposed by it is less than suspension or disbarment (such as admonition.acads] [Jam_Jacob. the SC may refer the case for investigation to the Solicitor General or to any officer of the SC or judge of a lower court. E. in which case.The Court of Appeals or Regional Trial Court may suspend an attorney from practice for any of the causes named in Rule 138. the Investigator shall submit a report containing his findings of fact and recommendations to the IBP Board of Governors. EFFECTS Sec. together with the whole record of the case. View and decision by the Board of Governors. or at the instance of the IBP Board of Governors upon the recommendation of the Investigator. Report of the Solicitor General or other Court designated investigator. Section 27. answer. by the vote of a majority of its total membership. Notice of the resolution or decision of the Board shall be given to all parties through their counsel. finds that such defect has resulted or may result in a miscarriage of justice. Report of Investigator. . during the pendency of the investigation until such suspension is lifted by the Supreme Court.printing] [Miles_Malaya. it being sufficient that the report reproduce substantially from the Investigator's personal notes any relevant and pertinent testimonies.No defect in a complaint. . Sec. [Lorybeth_Baldrias. Supreme Court Investigators. determines that the respondent should be suspended from the practice of law or disbarred. The submission of the report need not await the transcription of the stenographic notes. Sec.lectures] [Japee_DeLeon. the Supreme Court orders otherwise. 15. 12.— a. Upon suspension by Court of Appeals or Regional Trial Court. motu proprio. .Based upon the evidence adduced at the investigation.deputy] [Rhudz_Raymundo. in which event the Board shall take such remedial action as the circumstance may warrant.head] [Nayna_Malayang. Defects. shall forthwith be transmitted to the SC for final action.complainant or the respondent in taking a deposition. 144 d. . A copy of the same shall be transmitted to the Supreme Court. Sec. Sec.secretariat] [Dionne_Sanchez.] reprimand. 11. 10. further proceedings in Supreme Court.rem_law] [Paul_Sorino/Judy_Ripol. the investigation shall proceed in the same manner provided in Sections 6 to 11 hereof. Sec. 13. may suspend an attorney from the practice of his profession for any of the causes specified in Rule 138. 5.In proceedings initiated motu proprio by the SC in other proceedings when the interest of justice so requires. Sec.design] Bobbie_StaMaria. PROCEEDINGS IN THE SUPREME COURT D. it shall issue a resolution setting forth its findings and recommendations which.labor_law] [Miguel_DeJesus.poli_law] [Ascheia_Yumul. [warning. Suspension of attorney by the Court of Appeals or Regional Trial Court. 17.crim_law] [Vivian_Tan/Justin_Mendoza. It shall be promulgated within a period not exceeding thirty (30) days from the next meeting of the Board following the submittal of the Investigator's Report If the Board. upon considering the whole record. the Court of Appeals or a Regional Trial Court shall c. save that the review report of the investigation shall be conducted directly by the Supreme Court. The decision of the Board upon such review shall be in writing and shall clearly and distinctly state the facts and the reasons on which it is based. notice. the Solicitor General or other Investigator designated by the SC shall submit to the SC a resolution containing his findings of fact and recommendations together the record and all the evidence presented in the investigation for the final action of the SC. together with the stenographic notes and the transcripts thereof and all the evidence presented during the investigation.comm_law] [Ces_Sicangco/Rowena_Romero. 14.tax_law] . or fine) it shall issue a decision exonerating respondent or imposing such sanction. The b. .

design] Bobbie_StaMaria. if the respondent is a Justice of the CA and the Sandiganbayan. No. supported by affidavits of persons who have personal knowledge of the facts alleged therein or by documents which may substantiate said allegations or (3) upon an anonymous complaint.forthwith transmit to the Supreme Court a certified copy of the order of suspension and a full statement of the facts upon which the same was based. report and recommendation to a retired member of the SC.—If the complaint is sufficient in form and substance.M. Classification of Charges. 01-8-10 SC) (Oct. Sec. the Supreme Court shall make a full investigation of the case and may revoke. 145 RULE 140 CHARGES AGAINST JUDGES OF INSTANCE (as amended by A. The report shall be confidential and shall be for the exclusive se for the Court. Sec.secretariat] [Dionne_Sanchez. 7. Hearing. 1. 3. a copy thereof shall be served upon the respondent and he shall be required to comment within 10 days from the date of service. Upon receipt of such certified copy and statement. report and recommendation or (2) assign the case for investigation. the Court shall (1) refer the matter to the Office of the Court Administrator for evaluation. .poli_law] [Ascheia_Yumul. the RoC. 19. Sec.printing] [Miles_Malaya. 18. By whom complaint investigated. All cases pending investigation by the Office of the Solicitor General shall be transferred to the Integrated Bar of the Philippines Board of Governors for investigation and disposition as provided in this Rule except those cases where the investigation has been substantially completed.deputy] [Rhudz_Raymundo. . 5. 2001) FIRST Sec. Action on complaint.labor_law] [Miguel_DeJesus. Sec.crim_law] [Vivian_Tan/Justin_Mendoza. less serious or light.All reasonable and necessary expenses incurred in relation to disciplinary and disbarment proceedings are lawful charges forthwith the parties may be taxed as costs. 20. Sec. Otherwise. Confidentiality. 6. The report shall be accompanied by the record containing the evidence and the pleadings filed by the parties. the investigation shall proceed ex parte. At such hearing. or (4) to a Judge of the RTC if the respondent is a Judge of an inferior court. Report.—Proceedings for the discipline of Judges of regular and special courts and Justices of the CA and the Sandiganbayan may be instituted (1) motu propio by the SC or (2) upon a verified complaint. Sec. 1. This Rule shall take effect on June 1. Sec. the investigating Justice or Judge shall submit to the SC a report containing the findings of fact and recommendation. Administrative charges are classified as serious.head] [Nayna_Malayang.acads] [Jam_Jacob. Effectivity and Transitory Provision. The investigating Justice or Judge shall set a day for the hearing and send notice thereof to both parties. supported by public records of indubitable integrity. the respondent fails to appear. Expenses. or upon the expiration of the time for filing the same and unless other pleading or documents are required.lectures] [Japee_DeLeon. However. or disbar the attorney as the facts may warrant. the same shall be dismissed. 1988 and shall supersede the present Rule 139 entitled "DISBARMENT OR SUSPENSION OF ATTORNEYS". the parties may present oral and documentary evidence. 4.legal_ethics] [Lianne_Gervasio.—Upon the filing of respondent’s comment.civ_law] [Hya_Rafael/Mac_Macapagal. Within 30 days from the termination of the investigation. or (3) to a Justice of the CA if the respondent is a Judge of a RTC or of a special court of equivalent rank. Action—The Court shall take such notice on the report as the facts and the law may warrant.Proceedings against attorneys shall be private and confidential.tax_law] .rem_law] [Paul_Sorino/Judy_Ripol. shorten or extend the suspension. or the Code of Judicial Conduct. The complaint shall be in writing and shall state clearly and concisely the acts and omissions constituting violations of standards of conduct prescribed for Judges by law.comm_law] [Ces_Sicangco/Rowena_Romero. [Lorybeth_Baldrias. How Instituted. Investigating Justice of Judge shall terminate the investigation within 90 days from the date of its commencement or within an extension as the SC may grant. Sec. the final order of the Supreme Court shall be published like its decisions in other cases. EFFECTIVITY Sec. If after due notice. 2.

any of the following sanctions may be imposed: ANNEXED ETC. Serious Charges. 10 Light Charges—Light charges include: Vulgar and unbecoming conduct. A fine of not less than P1.000 8. 1.— Proceedings against Judges of regular and special courts and Justices of the CA and the Sandiganbayan shall be private and confidential. 2001. Alcoholism and / or vicious habits. but a copy of the decision or resolution of the Court shall be attached to the record of the respondent in the Office of the Court Administrator. 6. Conviction turpitude. Unauthorized practice of law. directives and Receiving additional or double compensation. 11 Sanctions— A. or in transmitting the records of a case. including governmentowned or controlled corporations. Undue delay in rendering a decision or order. 3. 1. 02-9-02 1. 4. 5.000 but not exceeding P40. and 11. Sec. 2001 following their publication in 2 newspapers of general circulation on or before Sept. of a crime involving moral any public office. 5. Untruthful statements in the certificate of service. No. Suspension form office without salary and other benefits for not less than 1 month not more than 3 months.design] Bobbie_StaMaria. direct of indirect. Suspension form office without salary and other benefits for more than 3 but not exceeding 6 months. Admonition with warning. 2. Dishonesty and violations of the Anti-Graft and Corrupt Practices Law (RA 3019). 12.000 and / or Censure. 2.head] [Nayna_Malayang. Bribery. Less Serious charges include: Charges—Less serious If the respondent is guilty of a light charge. Violations circulars. B. forfeiture of all or part of the benefits as the Court may determine.000 Willful failure to pay a just debt.000 but not exceeding P20. and Simple misconduct. Gross ignorance of the law or procedure.labor_law] [Miguel_DeJesus.deputy] [Rhudz_Raymundo. 3. Borrowing money or property from lawyers and litigants in a case pending before the court.M. 4.tax_law] . Dismissal from the service. Sec. SUPREME COURT ISSUANCES A. Sec. 4. 8. Immorality.secretariat] [Dionne_Sanchez. 2. however. Provided.civ_law] [Hya_Rafael/Mac_Macapagal. and Undue delay in the submission of monthly reports. Reprimand. that the forfeiture of benefits shall in no case include accrued leave credits. Partisan political activities. 2. and disqualifications from reinstatement or appointment to [Lorybeth_Baldrias. any of the following sanctions shall be imposed. or A fine of more than P10.Sec. 1. 2.comm_law] [Ces_Sicangco/Rowena_Romero. or A fine of more than P20. Sec. C. 15. 3. If the respondent is guilty of a serious charge. If the respondent is guilty of a less serious charge. Gambling in public. 9. 3. 4. 1. 9. 146 2.poli_law] [Ascheia_Yumul. These amendments to Rule 140 shall take effect on Oct. of SC rules. any of the following sanctions shall be imposed. include: Serious charges 1. 7. 1. Frequent and unjustified absences without leave or habitual tardiness.acads] [Jam_Jacob.printing] [Miles_Malaya.rem_law] [Paul_Sorino/Judy_Ripol.crim_law] [Vivian_Tan/Justin_Mendoza. 6. Gross misconduct constituting violations of the Code of Judicial Conduct Knowingly rendering an unjust judgement or order as determined by a competent court in an appropriate proceeding. 10. 7. unless specifically authorized by law. Confidentiality of Proceedings. 3.000 but not exceeding 10. Fraternizing with lawyers and litigants with pending case / cases in his court.lectures] [Japee_DeLeon.legal_ethics] [Lianne_Gervasio.

nor publicly recordable. . appears in person before the notary public and presents an integrally complete instrument or document. Sec. 147 2004 RULES ON NOTARIAL PRACTICE (Aug.M.head] [Nayna_Malayang. No. b. 2. . In any of the foregoing instances. is presented with an instrument or document that is neither a vital record.The term "Affirmation" or "Oath" refers to an act in which an individual on a single occasion: a. It shall apply to administrative cases already filed where the respondents have not yt been required to comment on the complaints. and.labor_law] [Miguel_DeJesus.These Rules shall be known as the 2004 Rules on Notarial Practice. Sec. if he acts in a particular representative capacity. avows under penalty of law to the whole truth of the contents of the instrument or document. [Lorybeth_Baldrias. . 2004) RULE I IMPLEMENTATION Sec. Interpretation. appears in person before the notary public. and c. Sec. RULE II DEFINITIONS Sec. Sec. 3. Title. . Commission. Copy Certification. declares that he has executed the instrument or document as his free and voluntary act and deed.printing] [Miles_Malaya. to simplify. the administrative case shall also be considered a disciplinary action against the respondent Justice. is attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules. serve. Acknowledgment. to foster ethical conduct among notaries public. . Purposes.deputy] [Rhudz_Raymundo.lectures] [Japee_DeLeon. disbarred or otherwise disciplinarily sanctioned as a member of the Bar. judges of regular and special courts."Copy Certification" refers to a notarial act in which a notary public: a. Some administrative cases against Justices of the CA and the Sandiganbayan. 2. and c. .tax_law] .crim_law] [Vivian_Tan/Justin_Mendoza. and modernize the rules governing notaries public. 1. that he has the authority to sign in that capacity.acads] [Jam_Jacob. Sec. This resolution shall supplement Rule 140 of the RoC and shall take effect on the first day of Oct.legal_ethics] [Lianne_Gervasio. b.poli_law] [Ascheia_Yumul. 1. or for such other forms or breaches of conduct that have been traditionally recognized as grounds for discipline of lawyers. represents to the notary public that the signature on the instrument or document was voluntarily affixed by him for the purposes stated in the instrument or document."Commission" refers to the grant of authority to perform notarial acts and to the written evidence of the authority. b.civ_law] [Hya_Rafael/Mac_Macapagal.Unless the context of these Rules otherwise indicates. and protect public interest. 2002.These Rules shall be applied and construed to advance the following purposes: a. the Code of Professional Responsibility.comm_law] [Ces_Sicangco/Rowena_Romero. . Affirmation or Oath. judge or court official concerned as a member of the Bar.rem_law] [Paul_Sorino/Judy_Ripol. is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules. 1. 4. and words in the plural include the singular. This resolution shall be published in a newspaper of general circulation in the Philippines. and court officials who are lawyers are based on grounds which are likewise grounds for the disciplinary action of members of the Bar for violation of the Lawyer’s Oath. to promote.A. a public record. 02-9-02 Re: Automatic conversion of some administrative cases against Justices of the CA and the Sandiganbyan. 3. and c.secretariat] [Dionne_Sanchez. Judges of Regular and Special Courts."Acknowledgment" refers to an act in which an individual on a single occasion: a. Judgement in both respects may be incorporated in one decision or resolution. and court officials who are lawyers as disciplinary proceedings against them both as such officials and as Members of the Philippine Bar. clarify.design] Bobbie_StaMaria. and the Canons of Professional Ethics. words in the singular include the plural. The respondent may forthwith be required to comment on the complaint and show cause why he should not also be suspended.

Sec. or of two credible witnesses neither of whom is privy to the instrument. the oath or affirmation of one credible witness not privy to the instrument."Official seal" or "Seal" refers to a device for affixing a mark."Vendor" under these Rules refers to a seller of a notarial seal and shall include a wholesaler or retailer. Signature Witnessing.lectures] [Japee_DeLeon."Court" refers to the Supreme Court of the Philippines. Sec. Official Seal or Seal."Petitioner" refers to a person who applies for a notarial commission. 13. at least one current identification document issued by an official agency bearing the photograph and signature of the individual.acads] [Jam_Jacob."Notarial Act" and "Notarization" refer to any act that a notary public is empowered to perform under these Rules. signs the instrument or document in the presence of the notary public. . c. .b.labor_law] [Miguel_DeJesus. Notarial Act and Notarization. b. appears in person before the notary public and presents an instrument or document. takes an oath or affirmation before the notary public as to such instrument or document. compares the instrument or document with the copy.design] Bobbie_StaMaria. 5.civ_law] [Hya_Rafael/Mac_Macapagal."Manufacturer" under these Rules refers to one who produces a notarial seal and shall include an engraver and seal maker. and c.legal_ethics] [Lianne_Gervasio.head] [Nayna_Malayang. c. signs the instrument or document in the presence of the notary.rem_law] [Paul_Sorino/Judy_Ripol. Sec. 12. Sec. Notarial Certificate. 6. Notarial Register.crim_law] [Vivian_Tan/Justin_Mendoza. 20. Sec. Sec. Court. bears the notary's signature and seal. "Office of the Court Administrator" refers to the Office of the Court Administrator of the Supreme Court. . a notarized instrument or document that is completed by the notary public. Sec.comm_law] [Ces_Sicangco/Rowena_Romero. 10. Notary Public and Notaty. Sec. RULE III COMMISSIONING OF NOTARY PUBLIC 148 [Lorybeth_Baldrias.The phrase "competent evidence of identity" refers to the identification of an individual based on: a.printing] [Miles_Malaya. Petitioner. The term "regular place of work or business" refers to a stationary office in the city or province wherein the notary public renders legal and notarial services. Regular Place of Work or Business. is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules. Executive Judge. Jurat."Principal" refers to a person appearing before the notary public whose act is the subject of notarization. . is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules. 17. 19. 14."Notarial Register" refers to a permanently bound book with numbered pages containing a chronological record of notarial acts performed by a notary public. appears in person before the notary public and presents an instrument or document. 9. copies or supervises the copying of the instrument or document. and d. -The term "signature witnessing" refers to a notarial act in which an individual on a single occasion: a. and d. Sec. 11. . Sec. or attachment to. Office of the Court Administrator. 16. 15. "Notarial Certificate" refers to the part of. Sec. . . Competent Evidence of Identity. Sec."Executive Judge" refers to the Executive Judge of the Regional Trial Court of a city or province who issues a notarial commission. image or impression on all papers officially signed by the notary public conforming the requisites prescribed by these Rules. . or b. determines that the copy is accurate and complete. . b. 7. document or transaction who is personally known to the notary public and who personally knows the individual. Sec.tax_law] . and states the facts attested to by the notary public in a particular notarization as provided for by these Rules."Jurat" refers to an act in which an individual on a single occasion: a. 8. . 18. Sec.poli_law] [Ascheia_Yumul. .secretariat] [Dionne_Sanchez.deputy] [Rhudz_Raymundo. Vendor . Sec. Manufacturer. document or transaction who each personally knows the individual and shows to the notary public documentary identification."Notary Public" and "Notary" refer to any person commissioned to perform official acts under these Rules. Principal. Sec.

. Sec. Form of Notarial Commission. The petitioner shall sign his name at the bottom part of the photographs. must not have been convicted in the first instance of any crime involving moral turpitude. c) proof of payment for the filing of the petition as required by these Rules. 1. and shall include the following: a) a statement containing the petitioner's personal qualifications. Sec.deputy] [Rhudz_Raymundo.tax_law] . – a) The notice of summary hearing shall be published in a newspaper of general circulation in the city or province where the hearing shall be conducted and posted in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court. b) The notice shall be substantially in the following form. b) certification of good moral character of the petitioner by at least two (2) executive officers of the local chapter of the Integrated Bar of the Philippines where he is applying for commission. . . NOTICE OF HEARING Notice is hereby given that a summary hearing on the petition for notarial commission of (name of petitioner) shall be held on (date) at (place) at (time). . To be eligible for commissioning as notary public. 4.crim_law] [Vivian_Tan/Justin_Mendoza. and 5. must be a citizen of the Philippines. Qualifications. within and for the said jurisdiction. . 5. Form of the Petition and Supporting Documents. 149 [Lorybeth_Baldrias. Any person who has any cause or reason to object to the grant of the petition may file a verified written opposition thereto. must be a resident in the Philippines for at least one (1) year and maintains a regular place of work or business in the city or province where the commission is to be issued. Sec. telephone number.acads] [Jam_Jacob. received by the undersigned before the date of the summary hearing. b) the petitioner proves the allegations contained in the petition.The commissioning of a notary public shall be in a formal order signed by the Executive Judge substantially in the following form: REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF ______________ This is to certify that (name of notary public) of (regular place of work or business) in (city or province) was on this (date) day of (month) two thousand and (year) commissioned by the undersigned as a notary public.labor_law] [Miguel_DeJesus. must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines.secretariat] [Dionne_Sanchez. .The Certificate of Authorization to Purchase a Notarial Seal shall be valid for a period of three (3) months from date of issue. Sec. The photograph should not be retouched. professional tax receipt.Every petitioner for a notarial commission shall pay the application fee as prescribed in the Rules of Court.design] Bobbie_StaMaria. 7.civ_law] [Hya_Rafael/Mac_Macapagal. The opposition must be received by the Executive Judge before the date of the summary hearing. including the petitioner's date of birth.The Executive Judge shall conduct a summary hearing on the petition and shall grant the same if: a) the petition is sufficient in form and substance. .legal_ethics] [Lianne_Gervasio. 4. Period Of Validity of Certificate of Authorization to Purchase a Notarial Seal. and d) three (3) passport-size color photographs with light background taken within thirty (30) days of the application. unless extended by the Executive Judge.head] [Nayna_Malayang.printing] [Miles_Malaya. 3. The notice may include more than one petitioner.A notarial commission may be issued by an Executive Judge to any qualified person who submits a petition in accordance with these Rules.comm_law] [Ces_Sicangco/Rowena_Romero. Opposition to Petition. 3.Every petition for a notarial commission shall be in writing. 2. verified.Any person who has any cause or reason to object to the grant of the petition may file a verified written opposition thereto. Notice of Summary Hearing.lectures] [Japee_DeLeon. ______________ Executive Judge Sec. The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to Purchase a Notarial Seal in favor of the petitioner. roll of attorney's number and IBP membership number. Sec. 2. Application Fee. and c) the petitioner establishes to the satisfaction of the Executive Judge that he has read and fully understood these Rules. 8. 6. must be over twenty-one (21) years of age. the petitioner: 1. .Sec. residence.rem_law] [Paul_Sorino/Judy_Ripol. Summary Hearing on the Petition. The cost of the publication shall be borne by the petitioner. for a term ending the thirtyfirst day of December (year) _______________ Executive Judge Sec.poli_law] [Ascheia_Yumul.

Every person commissioned as notary public shall have only one official seal of office in accordance with these Rules. or signature witnessing. 3) [Lorybeth_Baldrias.poli_law] [Ascheia_Yumul. – a) A notary public is empowered to perform the following notarial acts: 1) acknowledgments. jurat. the Executive Judge shall state the reasons therefor. the notary public writes below the thumb or other mark: "Thumb or Other Mark affixed by (name of signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary public". and the resignation or death of notaries public. Form of Certificate of Authorization to Purchase a Notarial Seal. 2) oaths and affirmations. _______________ Executive Judge Sec. . c) A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument or document if: 1) the notary public is directed by the person unable to sign or make a mark to sign on his behalf. 14. Sec. 12. Powers. for a term ending. .A person commissioned as notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court for a period of two (2) years commencing the first day of January of the year in which the commissioning is made. 11. Register of Notaries Public.The Executive Judge shall keep and maintain a Register of Notaries Public in his jurisdiction which shall contain. Failure to file said application will result in the deletion of the name of the notary public in the register of notaries public. image or impression of the seal that may be purchased by the notary public pursuant to the Certificate shall be presented to the Executive Judge for approval prior to use.tax_law] . Renewal of Commission.comm_law] [Ces_Sicangco/Rowena_Romero.lectures] [Japee_DeLeon. the dates of issuance or revocation or suspension of notarial commissions. image or impression of the seal of the notary public shall be attached to the application.head] [Nayna_Malayang.legal_ethics] [Lianne_Gervasio. The notary public thus removed from the Register of Notaries Public may only be reinstated therein after he is issued a new commission in accordance with these Rules. b) A notary public is authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented for notarization if: 1) the thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested and unaffected witnesses to the instrument or document. Sec. Sec. 4) signature witnessings. Issued this (day) of (month) (year). 9. Official Seal of Notary Public.secretariat] [Dionne_Sanchez. unless earlier revoked or the notary public has resigned under these Rules and the Rules of Court. upon payment of the application fee mentioned in Section 3 above of this Rule. the thirty-first of December (year) to purchase a notarial seal. . among others. and 4) the notary public notarizes the signature by thumb or other mark through an acknowledgment. 2) both witnesses sign their own names in addition to the thumb or other mark. and 6) any other act authorized by these Rules.rem_law] [Paul_Sorino/Judy_Ripol.A notary public may file a written application with the Executive Judge for the renewal of his commission within forty-five (45) days before the expiration thereof. complete and updated database of such records. within and for the said jurisdiction.A mark. Sec.crim_law] [Vivian_Tan/Justin_Mendoza. . RULE IV POWERS PUBLIC AND LIMITATIONS OF NOTARIES 150 Sec. Sec.printing] [Miles_Malaya. -The Certificate of Authorization to Purchase a Notarial Seal shall substantially be in the following form: REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF_____________ CERTIFICATE OF AUTHORIZATION TO PURCHASE A NOTARIAL SEAL This is to authorize (name of notary public) of (city or province) who was commissioned by the undersigned as a notary public. act on an application for the renewal of a commission within thirty (30) days from receipt thereof. Action on Application for Renewal of Commission.deputy] [Rhudz_Raymundo. The Office of the Court Administrator shall keep a permanent. .The Executive Judge shall. Jurisdiction and Term.civ_law] [Hya_Rafael/Mac_Macapagal. 5) copy certifications. A mark. 10. If the application is denied.acads] [Jam_Jacob. 13.design] Bobbie_StaMaria.labor_law] [Miguel_DeJesus. The Executive Judge shall furnish the Office of the Court Administrator information and data recorded in the register of notaries public. 1. 3) jurats.

interest. . property.A notary public may charge travel fees and expenses separate and apart from the notarial fees prescribed in the preceding section when traveling to perform a notarial act if the notary public and the person requesting the notarial act agree prior to the travel. (b) will receive.labor_law] [Miguel_DeJesus. that on certain exceptional occasions or situations.head] [Nayna_Malayang. and (2) is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these Rules.lectures] [Japee_DeLeon. and similar places where oaths of office may be administered. 2.deputy] [Rhudz_Raymundo. any commission.secretariat] [Dionne_Sanchez. title. and (4) any place where a party to an instrument or document requiring notarization is under detention. cash. fee. except as provided by these Rules and by law. a notarial act may be performed at the request of the parties in the following sites located within his territorial jurisdiction: (1) public offices. a notary public may charge the maximum fee as prescribed by the Supreme Court unless he waives the fee in whole or in part. . Imposition and Waiver of Fees. (b) the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the former's knowledge of the consequences of the transaction requiring a notarial act. descendant.crim_law] [Vivian_Tan/Justin_Mendoza.printing] [Miles_Malaya. 3. advantage. 2. RULE V FEES OF NOTARY PUBLIC Sec. False or Incomplete Certificate.For performing a notarial act. – consideration. 4) the notary public writes below his signature: "Signature affixed by notary in presence of (names and addresses of person and two \2] witnesses)". Prohibitions. common-law partner.A notary public is disqualified from performing a notarial act if he: (a) is a party to the instrument or document that is to be notarized. and 5) the notary public notarizes his signature by acknowledgment or jurat.design] Bobbie_StaMaria.A notary public shall not perform any notarial act described in these Rules for any person requesting such an act even if he tenders the appropriate fee specified by these Rules if: (a) the notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral.rem_law] [Paul_Sorino/Judy_Ripol. (2) public function areas in hotels and similar places for the signing of instruments or documents requiring notarization. . as a direct or indirect result.tax_law] . Sec. however. ancestor. Sec. the signatory is not acting of his or her own free will. Sec. .civ_law] [Hya_Rafael/Mac_Macapagal. or other [Lorybeth_Baldrias.acads] [Jam_Jacob. (b) affix an official signature or seal on a notarial certificate that is incomplete. Travel Fees and Expenses. Disqualifications. and (c) in the notary's judgment.2) the signature of the notary public is affixed in the presence of two disinterested and unaffected witnesses to the instrument or document. (3) hospitals and other medical institutions where a party to an instrument or document is confined for treatment. or (c) is a spouse. 1. Sec.comm_law] [Ces_Sicangco/Rowena_Romero. 5. right. or relative by affinity or consanguinity of the principal within the fourth civil degree.legal_ethics] [Lianne_Gervasio. 151 a) A notary public shall not perform a notarial act outside his regular place of work or business.A notary public shall not notarize: (a) a blank or incomplete instrument or document. . 3) both witnesses sign their own names . provided. 4. Refusal to Notarize. b) A person shall not perform a notarial act if the person involved as signatory to the instrument or document (1) is not in the notary's presence personally at the time of the notarization. convention halls. Sec. 6.poli_law] [Ascheia_Yumul. Sec. . or (b) an instrument or document without appropriate notarial certification.A notary public shall not: (a) execute a certificate containing information known or believed by the notary to be false. Improper Instruments or Documents.

Sec. (6) the competent evidence of identity as defined by these Rules if the signatory is not personally known to the notary. Prohibited Fees. 2. (f) In case of a protest of any draft. address.comm_law] [Ces_Sicangco/Rowena_Romero.rem_law] [Paul_Sorino/Judy_Ripol.poli_law] [Ascheia_Yumul. maintain. .secretariat] [Dionne_Sanchez. shall be collected or received for any notarial service. (3) the type of notarial act. The register shall be kept in books to be furnished by the Solicitor General to any notary public upon request and upon payment of the cost thereof. 3.A notary public shall not require payment of any fees specified herein prior to the performance of a notarial act unless otherwise agreed upon. sworn to. Sec. a chronological official notarial register of notarial acts consisting of a permanently bound book with numbered pages. (b) A notary public shall record in the notarial register the reasons and circumstances for not completing a notarial act. (e) The notary public shall give to each instrument or document executed. the notary public shall make a full and true record of all proceedings in relation thereto and shall note therein whether the 152 [Lorybeth_Baldrias. 1. The register shall be duly paged.crim_law] [Vivian_Tan/Justin_Mendoza. except those expressly prescribed and allowed herein. (2) the date and time of day of the notarial act. The reasons for refusal to allow inspection or copying of a journal entry shall also be recorded. (7) the name and address of each credible witness swearing to or affirming the person's identity.tax_law] . 5. or acknowledged before him a number corresponding to the one in his register. (9) the address where the notarization was performed if not in the notary's regular place of work or business. He shall also retain a duplicate original copy for the Clerk of Court. (c) A notary public shall record in the notarial register the circumstances of any request to inspect or copy an entry in the notarial register. (8) the fee charged for the notarial act.lectures] [Japee_DeLeon. a Memorandum of Agreement or Understanding may be entered into by the Office of the Solicitor General and the Office of the Court Administrator. and evidence of identity. Form of Notarial Register. thumbmark or other recognized identifier. He shall enter in the journal all fees charged for services rendered. document or proceeding.design] Bobbie_StaMaria. the notary public shall keep an original copy thereof as part of his records and enter in said records a brief description of the substance thereof and shall give to each entry a consecutive number. the Solicitor General shall certify the number of pages of which the book consists. protect and provide for lawful inspection as provided in these Rules. – (a) A notary public shall keep.Sec. (4) the title or description of the instrument. (d) When the instrument or document is a contract. No blank line shall be left between entries. and (10) any other circumstance the notary public may deem of significance or relevance. For purposes of this provision. – (a) For every notarial act. Any travel fees and expenses paid to a notary public prior to the performance of a notarial act are not subject to refund if the notary public had already traveled but failed to complete in whole or in part the notarial act for reasons beyond his control and without negligence on his part.labor_law] [Miguel_DeJesus. . Payment or Refund of Fees. 4.head] [Nayna_Malayang. (5) the name and address of each principal. Sec. RULE VI NOTARIAL REGISTER Sec.No fee or compensation of any kind. and on the first page. . the notary shall record in the notarial register at the time of notarization the following: (1) the entry number and page number.civ_law] [Hya_Rafael/Mac_Macapagal. bill of exchange or promissory note. (b) A notary/ public shall keep only one active notarial register at any given time.deputy] [Rhudz_Raymundo. Notice of Fees.legal_ethics] [Lianne_Gervasio. Entries in the Notarial Register. including the requester's name.acads] [Jam_Jacob. beginning with number one in each calendar year. signature.A notary public who charges a fee for notarial services shall issue a receipt registered with the Bureau of Internal Revenue and keep a journal of notarial fees.printing] [Miles_Malaya. and shall also state on the instrument or document the page/s of his register on which the same is recorded. A notary public shall post in a conspicuous place in his office a complete schedule of chargeable notarial fees.

printing] [Miles_Malaya. It shall be of metal. whether notices were given. where the same was made. type of instrument or document. Sec. or to a signing by the notary public on behalf of a person physically unable to sign. Destruction or Damage of Notarial Register. acknowledged. (3) the person specifies the month. and where. (h) A certified copy of each month's entries and a duplicate original copy of any instrument acknowledged before the notary public shall.In notarizing a paper instrument or document. this certificate shall show this fact. the notary public shall. Sec.register in a separate. and (4) the person is shown only the entry or entries specified by him. 4. image or impression of such seal shall be made 153 [Lorybeth_Baldrias. the notary's notarial register shall be signed or a thumb or other mark affixed by each: (a) principal. the notary shall deny access to any entry or entries therein. in the notarial . Official Seal. which shall not be possessed or owned by any other person. RULE VII SIGNATURE AND SEAL OF NOTARY PUBLIC Sec. including registered mail and also provide a copy or number of any pertinent police report. and name of the principal in the notarial act or acts sought. and of every other fact touching the same. (b) not sign using a facsimile stamp or printing device. when. notify the Executive Judge by any means providing a proper receipt or acknowledgment. whether he presented such draft. . (b) Upon revocation or expiration of a notarial commission. to any person applying for such copy upon payment of the legal fees. Inspection.crim_law] [Vivian_Tan/Justin_Mendoza. within the first ten (10) days of the month following. destroyed. Sec.design] Bobbie_StaMaria. or if none. . 2.tax_law] . Signatures and Thumbmarks.civ_law] [Hya_Rafael/Mac_Macapagal. 5. or death of the notary public. the notary public shall certify in his notarial register the number of instruments or documents executed. to be procured at his own expense. or protested before him. (b) The notarial register may be examined by a law enforcement officer in the course of an official investigation or by virtue of a court order. and (c) witness to a signature by thumb or other mark. by whom. be forwarded to the Clerk of Court and shall be under the responsibility of such officer. or any part thereof. (g) At the end of each week.rem_law] [Paul_Sorino/Judy_Ripol. – (a) In case the notarial register is stolen. when and to whom and where directed. or otherwise rendered unusable or illegible as a record of notarial acts. Issuance of Certified True Copies. provided. circular in shape.legal_ethics] [Lianne_Gervasio. damaged. the notary shall forward a statement to this effect in lieu of certified copies herein required. Official Signature. any person may inspect an entry in the notarial register. sworn to.deputy] [Rhudz_Raymundo. (b) credible witness swearing or affirming to the identity of a principal.lectures] [Japee_DeLeon. (1) the person's identity is personally known to the notary public or proven through competent evidence of identity as defined in these Rules.poli_law] [Ascheia_Yumul. – (a) Every person commissioned as notary public shall have a seal of office. within ten (10) days after informing the appropriate law enforcement agency in the case of theft or vandalism.head] [Nayna_Malayang. two inches in diameter.At the time of notarization. (2) the person affixes a signature and thumb or other mark or other recognized identifier. 3. . to whom and in what manner. Copying and Disposal. during regular business hours. A mark. with the words "notary public" across the center. year. lost. a notary public shall: (a) sign by hand on the notarial certificate only the name indicated and as appearing on the notary's commission. bill or note.The notary public shall supply a certified true copy of the notarial record. the notarial register and notarial records shall immediately be delivered to the office of the Executive Judge. Sec. and shall have the name of the city or province and the word "Philippines" and his own name on the margin and the roll of attorney's number on the face thereof. – (a) In the notary's presence. 6.comm_law] [Ces_Sicangco/Rowena_Romero. and (c) affix his official signature only at the time the notarial act is performed. (c) If the notary public has a reasonable ground to believe that a person has a criminal intent or wrongful motive in requesting information from the notarial register. Loss. 1.labor_law] [Miguel_DeJesus. Sec. If there is no entry to certify for the month.demand for the sum of money was made.secretariat] [Dionne_Sanchez.acads] [Jam_Jacob. dated entry.

and photographically reproducible mark. 2.The notary public shall affix a single. 4. (e) Within five (5) days after the death or resignation of the notary public. (c) When not in use.legal_ethics] [Lianne_Gervasio.The notarial form used for any notarial instrument or document shall conform to all the requisites prescribed herein. Form of Notarial Certificate. shall notify the Executive Judge in writing. If a manufacturer is also a vendor. (d) A vendor or manufacturer shall not sell a seal to a buyer except upon submission of a certified copy of the commission and the Certificate of Authorization to Purchase a Notarial Seal issued by the Executive Judge. image or impression of the seal to the Certificate of Authorization to Purchase a Notarial Seal and submit the completed Certificate to the Executive Judge. (c) The authorization shall be in effect for a period of four (4) years from the date of its issuance and may be renewed by the Executive Judge for a similar period upon payment of the authorization fee mentioned in the preceding paragraph. or the revocation or expiration of a notarial commission.acads] [Jam_Jacob. . Failure to effect such surrender shall constitute contempt of court. lost or damaged seal is later found or surrendered.rem_law] [Paul_Sorino/Judy_Ripol. provide a copy or entry number of the appropriate police record. once a week for three (3) consecutive weeks. 3.comm_law] [Ces_Sicangco/Rowena_Romero.crim_law] [Vivian_Tan/Justin_Mendoza.civ_law] [Hya_Rafael/Mac_Macapagal. .design] Bobbie_StaMaria. the notary public. lost. the Rules of Court and all other provisions of issuances by the Supreme Court and in applicable laws. . – (a) A vendor or manufacturer of notarial seals may not sell said product without a written authorization from the Executive Judge. RULE VIII NOTARIAL CERTIFICATES Sec. legible. damaged or other otherwise rendered unserviceable in affixing a legible image. Contents of the Concluding Part of the Notarial Certificate. (f)After the sale. the latter shall order the notary public to cause notice of such loss or damage to be published. Sec.000 for the manufacturer. Sec.poli_law] [Ascheia_Yumul. he shall only pay the manufacturer's authorization fee. providing proper receipt or acknowledgment. the person in possession of the official seal shall have the duty to surrender it to the Executive Judge.labor_law] [Miguel_DeJesus. The Executive Judge shall charge an authorization fee in the amount of Php 4. the Executive Judge shall issue to the notary public a new Certificate of Authorization to Purchase a Notarial Seal. it shall be delivered by the notary public to the Executive Judge to be disposed of in accordance with this section.The notarial certificate shall include the following: 154 [Lorybeth_Baldrias. Copies of the Certificate of Authorization to Purchase a Notarial Seal and the buyer's commission shall be kept in the files of the vendor or manufacturer for four (4) years after the sale. Upon receipt of such notice. the official seal shall be surrendered to the Executive Judge and shall be destroyed or defaced in public during office hours.000 for the vendor and Php 8. and in the event of a crime committed. 1.printing] [Miles_Malaya. image or impression of the official seal beside his signature on the notarial certificate of a paper instrument or document. Sec.directly on the paper or parchment on which the writing appears. after informing the appropriate law enforcement agency. the Executive Judge may issue an authorization to sell to a vendor or manufacturer of notarial seals after verification and investigation of the latter's qualifications. Thereafter. the vendor or manufacturer shall affix a mark.lectures] [Japee_DeLeon.tax_law] . In the event that the missing. clear. if found in order by the Executive Judge. including registered mail. Seal Image. in a newspaper of general circulation in the city or province where the notary public is commissioned. (b) The official seal shall be affixed only at the time the notarial act is performed and shall be clearly impressed by the notary public on every page of the instrument or document notarized. (e) Only one seal may be sold by a vendor or manufacturer for each Certificate of Authorization to Purchase a Notarial Seal.deputy] [Rhudz_Raymundo. A notary public obtaining a new seal as a result of change of name shall present to the vendor or manufacturer a certified copy of the Confirmation of the Change of Name issued by the Executive Judge. (d) Within five (5) days after the official seal of a notary public is stolen. Obtaining and Providing Seal. In the event of death of the notary public. (b) Upon written application and after payment of the application fee. permanent.secretariat] [Dionne_Sanchez.head] [Nayna_Malayang. (g) A notary public obtaining a new seal as a result of change of name shall present to the vendor a certified copy of the order confirming the change of name issued by the Executive Judge. the official seal shall be kept safe and secure and shall be accessible only to the notary public or the person duly authorized by him.

title. Sec. 2. as may be required by the judge. [Lorybeth_Baldrias.A certificate of authority evidencing the authenticity of the official seal and signature of a notary public shall be issued by the Executive Judge upon request in substantially the following form: CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT I. (b) the serial number of the commission of the notary public.acads] [Jam_Jacob.civ_law] [Hya_Rafael/Mac_Macapagal.deputy] [Rhudz_Raymundo. (b) In addition. Sec. Effective from the date indicated in the notice. (name. (5) fails to submit his notarial register. when filled. Certificate of Authority for a Notarial Act. within a reasonable time. the submission of the notice may be performed by his duly authorized representative.(a) the name of the notary public as exactly indicated in the commission. – (a) The Executive Judge shall revoke a notarial commission for any ground on which an application for a commission may be denied. Change of Name and Address. the Executive Judge may revoke the commission of. _________________ (official signature) (seal of Executive Judge) RULE X CHANGES OF STATUS OF NOTARY PUBLIC Sec. to the Executive Judge concerning the performance of his duties. the professional tax receipt number and the place and date of issuance thereof. certify that (name of notary public). Within ten (10) days after the change of name of the notary public by court order or by marriage. I have affixed below my signature and seal of this office this (date) day of (month) (year). until the aforementioned steps have been completed. is a Notary Public in and for the (City/Municipality/Province) of the Republic of the Philippines and authorized to act as such at the time of the document's notarization.poli_law] [Ascheia_Yumul. the office address of the notary public. 1. RULE XI REVOCATION OF COMMISSION DISCIPLINARY SANCTIONS AND 155 Sec. or after ceasing to maintain the regular place of work or business. to the Executive Judge. the person named in the seal and signature on the attached document. notarial register and records.printing] [Miles_Malaya. The foregoing notwithstanding. . Publication of Resignation. (2) fails to make the proper entry or entries in his notarial register concerning his notarial acts.lectures] [Japee_DeLeon. the notary public may continue to use the former name or regular place of work or business in Sec. Revocation and Administrative Sanctions. The notary public shall not notarize until: (a) he receives from the Executive Judge a confirmation of the new name of the notary public and/or change of regular place of work or business. Resignation. and (d) the roll of attorney's number. jurisdiction of the Executive Judge). (4) fails to affix to acknowledgments the date of expiration of his commission.comm_law] [Ces_Sicangco/Rowena_Romero.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.tax_law] . 3.secretariat] [Dionne_Sanchez. . the notary public shall submit a signed and dated notice of such fact to the Executive Judge. (c) the words "Notary Public" and the province or city where the notary public is commissioned.legal_ethics] [Lianne_Gervasio. he shall immediately cease to perform notarial acts. and the IBP membership number. and (b) a new seal bearing the new name has been obtained. 1. (3) fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the month following. (6) fails to make his report. (7) fails to require the presence of a principal at the time of the notarial act. 1.The Executive Judge shall immediately order the Clerk of Court to post in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court the names of notaries public who have resigned their notarial commissions and the effective dates of their resignation. In the event of his incapacity to personally appear. any notary public who: (1) fails to keep a notarial register. RULE IX CERTIFICATE PUBLIC OF AUTHORITY OF NOTARIES performing notarial acts for three (3) months from the date of the change. or impose appropriate administrative sanctions upon. .rem_law] [Paul_Sorino/Judy_Ripol. dated and signed formal notice to the Executive Judge together with his notarial seal. the expiration date of the commission.design] Bobbie_StaMaria. IN WITNESS WHEREOF.head] [Nayna_Malayang.A notary public may resign his commission by personally submitting a written. which may be extended once for valid and just cause by the Executive Judge for another period not exceeding three (3) months.

Supervision and Monitoring of Notaries Public. B.design] Bobbie_StaMaria. or in any way influences a notary public to commit official misconduct. 156 (d) The Executive Judge may motu proprio initiate administrative proceedings against a notary public. affected or aggrieved person.If a notary public dies before fulfilling the obligations in Section 4(e).crim_law] [Vivian_Tan/Justin_Mendoza. Sec. If the answer of the notary public is not satisfactory. . 2.deputy] [Rhudz_Raymundo. coerces. RULE XIII REPEALING AND EFFECTIVITY PROVISIONS Sec. 4. the complaint shall be dismissed. .civ_law] [Hya_Rafael/Mac_Macapagal. 1. including issuances of the Supreme Court inconsistent herewith. the notary public shall be required to file a verified answer to the complaint.poli_law] [Ascheia_Yumul. and shall be published in a newspaper of general circulation in the Philippines which provides sufficiently wide circulation. the Executive Judge shall impose the appropriate administrative sanctions.The Executive Judge shall cause the prosecution of any person who: (a) knowingly acts or otherwise impersonates a notary public. 2004. Effective Date. No. Sec. RULE XII SPECIAL PROVISIONS Sec. 3. (b) knowingly obtains. the aggrieved party may appeal the decision to the Supreme Court for review.tax_law] . Sec. the Court hereby resolves to adopt. defaces. In either case.acads] [Jam_Jacob. upon being notified of such death. or official records of a notary public. endorsed by the Philippine Judicial Academy. 2. and (11) commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause for revocation of commission or imposition of administrative sanction. Rule VI and Section 2(e). Rule IV. . shall forthwith cause compliance with the provisions of these sections. . conceals. subject to the procedures prescribed in paragraph (c) above and impose the appropriate administrative sanctions on the grounds mentioned in the preceding paragraphs (a) and (b). the Executive Judge shall conduct a summary hearing. the following rules for proper implementation: [Lorybeth_Baldrias. recommended by the IBP. are hereby repealed or accordingly modified. Sec. 1.All rules and parts of rules. 850 August 22.rem_law] [Paul_Sorino/Judy_Ripol. as it hereby adopts.secretariat] [Dionne_Sanchez. or destroys the seal.The Executive Judge shall immediately order the Clerk of Court to post in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court the names of notaries public who have been administratively sanctioned or whose notarial commissions have been revoked. .labor_law] [Miguel_DeJesus. (10) knowingly performs or fails to perform any other act prohibited or mandated by these Rules.head] [Nayna_Malayang. 2000 MANDATORY CONTINUING LEGAL EDUCATION (MCLE) ADOPTING THE RULES ON MANDATORY CONTINUING LEGAL EDUCATION FOR MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES EN BANC RESOLUTION Considering the Rules on Mandatory Continuing Legal Education (MCLE) for members of the Integrated Bar of the Philippines (IBP). If the allegations of the complaint are not proven.The Executive Judge shall at all times exercise supervision over notaries public and shall closely monitor their activities.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero. Promulgated this 6th day of July. If the charges are duly established. Punishable Acts.M.lectures] [Japee_DeLeon.The Executive Judge concerned shall submit semestral reports to the Supreme Court on discipline and prosecution of notaries public.printing] [Miles_Malaya. . Rule VII.These Rules shall take effect on the first day of August 2004. Sec. Publication of Revocations and Administrative Sanctions. Pending the appeal. (c) Upon verified complaint by an interested. unless otherwise ordered by the Supreme Court. . and reviewed and passed upon by the Supreme Court Committee on Legal Education. (9) executes a false or incomplete certificate under Section 5.(8) fails to identify a principal on the basis of personal knowledge or competent evidence. Repeal. notarial register. 2. the Executive Judge. Reports to the Supreme Court. Death of Notary Public. an order imposing disciplinary sanctions shall be immediately executory. and (c) knowingly solicits.

2 LECTURER 5 CU PER HOUR PHOTOCOPY OF PLAQUE OR SPONSOR'S CERTIFICATION [Lorybeth_Baldrias. 1. SEMINARS. Such member shall be required to complete a number of hours of education in legal ethics in proportion to the number of months remaining in the compliance period.head] [Nayna_Malayang. Members admitted or readmitted to the Bar after the establishment of the program shall be permanently assigned to the appropriate Compliance Group based on their Chapter membership on the date of admission or readmission. (a) Where four (4) months or less remain of the initial compliance period after admission or readmission. 1. DIALOGUES. (b) Where more than four (4) months remain of the initial compliance period after admission or readmission. Sec. Requirements of completion of MCLE.design] Bobbie_StaMaria. RULE 3 COMPLIANCE PERIOD Sec. the MCLE Committee shall be constituted in accordance with these Rules. Compliance Group 1. 157 Sec. Members in Luzon outside NCR shall be permanently assigned to Compliance Group 2.poli_law] [Ascheia_Yumul.RULE 1 PURPOSE Sec. (c) At least five (5) hours shall be devoted to alternative dispute resolution. RULE 2 MANDATORY CONTINUING LEGAL EDUCATION Sec. The initial compliance period after admission or readmission shall begin on the first day of the month of admission or readmission and shall end on the same day as that of all other members in the same Compliance Group. CONVENTIONS.secretariat] [Dionne_Sanchez. Compliance period for members admitted or readmitted after establishment of the program. The initial compliance period shall begin not later than three (3) months from the constitution of the MCLE Committee.labor_law] [Miguel_DeJesus. (b) At least (4) hours shall be devoted to trial and pretrial skills. Members of the IBP not exempt under Rule 7 shall complete. (e) At least four (4) hours shall be devoted to legal writing and oral advocacy. the member shall be required to complete a number of hours of approved continuing legal education activities equal to the number of months remaining in the compliance period in which the member is admitted or readmitted.civ_law] [Hya_Rafael/Mac_Macapagal. Except for the initial compliance period for members admitted or readmitted after the establishment of the program. Guidelines The following are the guidelines for computation of credit units (CU): PROGRAMS. Fractions of hours shall be rounded up to the next whole number. Compliance Group 2. Constitution of the MCLE Committee. 1. Compliance Group 3.1 PARTICIPANT 1 CU PER HOUR CERTIFICATE OF ATTENDANCE WITH NUMBER OF HOURS 1. Of the 36 hours: (a) At least six (6) hours shall be devoted to legal ethics. all compliance periods shall be for thirty-six (36) months and shall begin the day after the end of the previous compliance period.rem_law] [Paul_Sorino/Judy_Ripol. (f) At least two (2) hours shall be devoted to international law and international conventions. Members in the National Capital Region (NCR) or Metro Manila shall be permanently assigned to Compliance Group 1. 4.lectures] [Japee_DeLeon. SUPPORTING DOCUMENTS 1.2 1. Sec. IN-HOUSE EDUCATION PROGRAMS. ROUND TABLE DISCUSSIONS BY APPROVED PROVIDERS UNDER RULE 7 AND OTHER RELATED RULES 1. CONFERENCES.printing] [Miles_Malaya.crim_law] [Vivian_Tan/Justin_Mendoza. they keep abreast with law and jurisprudence. Members in Visayas and Mindanao shall be permanently assigned to Compliance Group 3. 2. (d) At least nine (9) hours shall be devoted to updates on substantive and procedural laws. RULE 4 COMPUTATION OF CREDIT UNITS Sec. maintain the ethics of the profession and enhance the standards of the practice of law. Within two (2) months from the approval of these Rules by the Supreme Court En Banc.deputy] [Rhudz_Raymundo. 5. 2. Sec. CREDIT UNITS. Sec. Continuing legal education is required of members of the Integrated Bar of the Philippines (IBP) to ensure that throughout their career.acads] [Jam_Jacob. and jurisprudence. the member is not required to comply with the program requirement for the initial compliance. every three (3) years. at least thirty-six (36) hours of continuing legal education activities approved by the MCLE Committee. 3.tax_law] . 1.comm_law] [Ces_Sicangco/Rowena_Romero. SYMPOSIA.legal_ethics] [Lianne_Gervasio. Purpose of the MCLE. (g) The remaining six (6) hours shall be devoted to such subjects as may be prescribed by the MCLE Committee. WORKSHOPS. Initial compliance period.

PROFESSIONAL 6 CU PER CHAIR CERTIFICATION OF LAW DEAN CHAIR/BAR 1 CU PER LECTURE OR BAR REVIEW DIRECTOR REVIEW/ HOUR LECTURE/LAW TEACHING Sec. Claim for non-participatory credit Nonparticipatory credit may be claimed per compliance period for: (a) Preparing. dialogues or round table discussions. 2. RULE 6 COMPUTATION OF CREDIT HOURS Sec. (g) The Chairmen and Members of the Constitutional Commissions.. (b) Editing a law book. conferences.3 RESOURCE 3 CU PER HOUR PHOTOCOPY OF PLAQUE OR SPONSOR'S SPEAKER CERTIFICATION 1.deputy] [Rhudz_Raymundo. inhouse education programs. (h) The Ombudsman. Sec.4 LEGAL ARTICLE 5-10 PP 11+ PUBLISHED ARTICLE SINGLE AUTHOR 6 CU 8 CU 2 AUTHORS 4 CU 6 CU 3 OR MORE 2 CU 4 CU 2. or book review which contribute to the legal education of the author member.1.poli_law] [Ascheia_Yumul. incumbent court lawyers who have availed of the Philippine Judicial Academy program of continuing judicial education. 1. 1.printing] [Miles_Malaya. book.tax_law] . Chief State Prosecutor and Assistant Secretaries of the Department of Justice. Computation of credit hours.acads] [Jam_Jacob. EDITING AND REVIEW 2. (b) Senators and Members of the House of Representatives.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus. which were not prepared in the ordinary course of the member's practice or employment. AUTHORSHIP. Credit hours are computed based on actual time spent in an activity (actual instruction or speaking time). (c) Teaching in a law school or lecturing in a bar review class. in hours to the nearest one-quarter hour. or acting as assigned panelist.comm_law] [Ces_Sicangco/Rowena_Romero. (as amended by July 14.1 RESEARCH/ 5-10 CREDIT UNITS DULY CERTIFIED/PUBLISHED INNOVATIVE TECHNICAL REPORT/PAPER PROGRAM/CREATIVE PROJECT 2. reactor. Participatory credit may be claimed for: (a) Attending approved education activities like seminars. 2004 Resolution of the SC en banc) (d) The Chief State Counsel. RULE 7 EXEMPTIONS Sec.5 MODERATOR/ 2 CU PER HOUR CERTIFICATION FROM SPONSORING COORDINATOR/ ORGANIZATION FACILITATOR 2.g. in the form of an article. Claim for participatory credit. Classes of credits The credits are either participatory or non-participatory.3 BOOK EDITOR 1/2 OF THE CU OF PUBLISHED BOOK WITH PROOF AUTHORSHIP AS EDITOR CATEGORY 2. and the Secretaries and Undersecretaries of Executives Departments. incumbent members of the Mandatory Continuing Legal Education Committee. coordinator or facilitator in approved education activities. resource speaker. Parties exempted from the MCLE. Sec.rem_law] [Paul_Sorino/Judy_Ripol.lectures] [Japee_DeLeon.design] Bobbie_StaMaria.4 ASSIGNED 2 CU PER HOUR CERTIFICATION FROM SPONSORING PENALIST/ ORGANIZATION REACTOR/COMMENTATOR 1.5 LEGAL 3-6 CU PER ISSUE PUBLISHED NEWSLETTER/JOURNAL NEWSLETTER/LAW JOURNAL EDITOR 3. the total maximum credit units shall not exceed twenty (20) hours per three (3) years. e. incumbent members of the Judicial and Bar Council.legal_ethics] [Lianne_Gervasio.civ_law] [Hya_Rafael/Mac_Macapagal. RULE 5 CATEGORIES OF CREDIT Sec. commentator. written materials published or accepted for publication. chapter.secretariat] [Dionne_Sanchez. (b) Speaking or lecturing. In numbers 2 and 3 of the guidelines in the preceding Section. 2. incumbent and retired members of the judiciary. 1. Limitation on certain credit units. Deputy and Assistant Government Corporate Counsel.head] [Nayna_Malayang. as an author or co-author. 3.2 BOOK 50-100 PP 101+ PUBLISHED BOOK SINGLE AUTHOR 1216 CU 17-20 CU 2 AUTHORS 10-12 CU 13-16 CU 3 OR MORE 5-6 CU 7-11 CU 2. law journal or legal newsletter. 158 [Lorybeth_Baldrias. The following members of the Bar are exempt from the MCLE requirement: (a) The President and the Vice President of the Philippines. the Overall Deputy Ombudsman. (f) The Government Corporate Counsel. workshops. (e) The Solicitor General and the Assistant Solicitor General. (c) The Chief Justice and Associate Justices of the Supreme Court. symposia. moderator. the Deputy Ombudsmen and the Special Prosecutor of the Office of the Ombudsman.

and length of the education activity. (j) Incumbent deans. Change of status. subject matter. 3. The official record of attendance shall contain the member's name and number in the Roll of Attorneys and shall identify the time. in accordance with a procedure to be established by the MCLE Committee. including cross profession activities (e. proven expertise in law. private or public. Sec. accounting-tax or medical-legal) that enhance legal skills or the ability to practice law.) from compliance with or modification of any of the requirements. RULE 8 STANDARDS FOR APPROVAL OF EDUCATION ACTIVITIES Sec.g. are eligible to be approved providers. Standards for all education activities. (b) The activity shall constitute an organized program of learning related to legal subjects and the legal profession. Requirements of all providers. Applications for exemption from or modification of the MCLE requirement shall be under oath and supported by documents. (b) The provider shall certify that: (1) This activity has been approved for MCLE by the IBP in the amount of 159 [Lorybeth_Baldrias. RULE 9 APPROVAL OF PROVIDERS Sec 1. and (l) Governors and Mayors.(i) Heads of government agencies exercising quasi-judicial functions. substantive written materials must be distributed to all participants. (d) Where the activity is more than one (1) hour in length.comm_law] [Ces_Sicangco/Rowena_Romero. bar reviews and professors of law who have teaching experience for at least 10 years accredited law schools.poli_law] [Ascheia_Yumul.crim_law] [Vivian_Tan/Justin_Mendoza. Approval of MCLE program. Good cause for exemption from or modification of requirement.secretariat] [Dionne_Sanchez. A member may file a verified request setting forth good cause for exemption (such as physical disability. illness.tax_law] . location.civ_law] [Hya_Rafael/Mac_Macapagal. etc. Sec. date.lectures] [Japee_DeLeon. post graduate study abroad. (e) In-house education activities must be scheduled at a time and location so as to be free from interruption like telephone calls and other distractions. Vice-Chancellor and members of the Corps of Professors and Professorial Lectures of the Philippine Judicial Academy. Sec.rem_law] [Paul_Sorino/Judy_Ripol. Sec. including in-house providers. Application for approval shall: (a) Be submitted on a form provided by the IBP.. or 3 of this Rule and shall end on the same day as that of all other members in the same Compliance Group.acads] [Jam_Jacob. The following Members of the Bar are likewise exempt: (a) Those who are not in law practice. All providers of continuing legal education activities. 3.design] Bobbie_StaMaria. (b) Contain all information requested on the form. Other parties exempted from the MCLE. The compliance period shall begin on the first day of the month in which a member ceases to be exempt under Sections 1. Sec.labor_law] [Miguel_DeJesus. (c) Be accompanied by the approval fee.deputy] [Rhudz_Raymundo. All continuing legal education activities must meet the following standards: (a) The activity shall have significant current intellectual or practical content. Subject to the rules as may be adopted by the MCLE Committee. A copy of such record shall be furnished the IBP. The provider shall include the member on the official record of attendance only if the member's signature was obtained at the time of attendance at the activity. and (2) the provider is specially mandated by law to provide continuing legal education. Such materials must be distributed at or before the time the activity is offered. as well as subjects in legal writing and oral advocacy. 1. 2. continuing legal education program may be granted approval in either of two (2) ways: (1) the provider of the activity is an approved provider and certifies that the activity meets the criteria of Section 3 of this Rules.printing] [Miles_Malaya. including an extension of time for compliance.legal_ethics] [Lianne_Gervasio. 2. (k) The Chancellor. 2. Any persons or group may be approved as a provider for a term of two (2) years.head] [Nayna_Malayang. upon written application. Proof of exemption. (c) The activity shall be conducted by a provider with adequate professional experience. 4. Requirements for approval of providers. Sec. Approval of providers shall be done by the MCLE Committee. (b) Those who have retired from law practice with the approval of the IBP Board of Governors. Approval of providers. Sec. which may be renewed. 2. 5. All approved providers shall agree to the following: (a) An official record verifying the attendance at the activity shall be maintained by the provider for at least four (4) years after the completion date.

). 5. (2) The activity conforms to the standards for approved education activities prescribed by these Rules and such regulations as may be prescribed by the IBP pertaining to MCLE. A member failing to comply will receive a Non-Compliance Notice stating the specific deficiency and will be given sixty (60) days from the date of notification to explain the deficiency or otherwise show compliance with the requirements. (e) Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance with the MCLE requirements. the time devoted to each devoted to each topic and identify of the instructors. 2.head] [Nayna_Malayang. He shall complete the card by attesting under oath that he has complied with the education requirement or that he is exempt. or designees of the Committee and IBP staff for purposes of monitoring compliance with these Rules. 4. (c) Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the prescribed period.printing] [Miles_Malaya.comm_law] [Ces_Sicangco/Rowena_Romero. The provider shall make available to each participant a copy of IBP-approved Education Activity Evaluation Form. etc. 2.crim_law] [Vivian_Tan/Justin_Mendoza.lectures] [Japee_DeLeon. Sec.acads] [Jam_Jacob. 1.tax_law] . The following shall constitute non-compliance (a) Failure to complete the education requirement within the compliance period. Non-compliance notice and 60-day period to attain compliance. Renewal of provider approval.design] Bobbie_StaMaria.poli_law] [Ascheia_Yumul.legal_ethics] [Lianne_Gervasio. SHALL BE A CAUSE FOR LISTING AS A DELINQUENT MEMBER. (f) The provider shall maintain the completed Education Activity Evaluation Forms for a period of not less than one (1) year after the activity. (e) The provider shall indicate in promotional materials. Sec. upon recommendation of the MCLE Committee. Such Compliance Card must be returned to the address indicated therein not later than the day after the end of the member's compliance period. Payment of fees. (d) The provider shall allow in-person observation of all approved continuing legal education activities by members of the IBP Board of Governors. Member record keeping requirement. date.deputy] [Rhudz_Raymundo. Application for approval of an education activity or as a provider requires payment of an appropriate fee. What constitutes non-compliance. It may be denied if the provider fails to comply with any of the requirements of these Rules or fails to provide satisfactory education activities for the preceding period. (b) Failure to provide attestation of compliance or exemption. specifying the nature of the exemption. after notice and hearing and for good cause. Each member shall maintain sufficient record of compliance or exemption. 1.labor_law] [Miguel_DeJesus. Each member shall secure from the MCLE Committee a Compliance Card before the end of his compliance period. the nature of the activity. Compliance card.________ hours of which hours will apply in (legal ethics. Such notice shall contain. RULE 11 GENERAL COMPLIANCE PROCEDURES 160 Sec. RULE 10 ACTIVITY AND PROVIDER APPROVAL FEE Sec. (g) Any person or group who conducts an unauthorized activity under this program or issues a spurious certificate in violation of these Rules shall be subject to appropriate sanctions. the following language in capital letters: YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION FOR NON-COMPLIANCE OR PROOF OF COMPLIANCE WITH THE MCLE REQUIREMENT BY (INSERT DATE 60 DAYS FROM THE DATE OF NOTICE). (c) The provider shall issue a record or certificate to all participants identifying the time.civ_law] [Hya_Rafael/Mac_Macapagal. (d) Failure to satisfy the education requirement and furnish evidence of such compliance within sixty (60) days from receipt of a non-compliance notice. A record of non-participatory activity shall also be maintained by the member. the MCLE Committee. copy furnished the IBP. The approval of any provider referred to in Rule 9 may be revoked by a majority vote of the IBP Board of Governors. as appropriate to the content of the activity. [Lorybeth_Baldrias. Revocation of provider approval.rem_law] [Paul_Sorino/Judy_Ripol. Sec. subject matter and length of the activity.secretariat] [Dionne_Sanchez. location. RULE 12 NON-COMPLIANCE PROCEDURES Sec. The approval of a provider may be renewed every two (2) years. among other things. The record required to be provided to the members by the provider pursuant to Section 3(c) of Rule 9 should be sufficient record of attendance at a participatory activity. as referred to in Section 3 of Rule 5. 1. copy furnished the MCLE Committee. Sec.

The Member may use this period to attain the adequate number of credit hours for compliance. Credit hours earned during this period may only be counted toward compliance with the prior compliance period requirement unless hours in excess of the requirement are earned, in which case, the excess hours may be counted toward meeting the current compliance period requirement. RULE 13 CONSEQUENCES OF NON-COMPLIANCE Sec. 1. Non-compliance fee. A member who, for whatever reason, is in non-compliance at the end of the compliance period shall pay a noncompliance fee. Sec. 2. Listing as delinquent member. Any member who fails to satisfactorily comply with Section 2 of Rule 12 shall be listed as a delinquent member by the IBP Board of Governors upon the recommendation of the MCLE Committee, in which case, Rule 139-A of the Rules of Court shall apply. RULE 14 REINSTATEMENT Sec. 1. Process.The involuntary listing as a delinquent member shall be terminated when the member provides proof of compliance with the MCLE requirement, including payment of noncompliance fee. A member may attain the necessary credit hours to meet the requirement for the period of non-compliance during the period the member is on inactive status. These credit hours may not be counted toward meeting the current compliance period requirement. Credit hours attained during the period of noncompliance in excess of the number needed to satisfy the prior compliance period requirement may be counted toward meeting the current compliance period requirement. Sec. 2. Termination of delinquent listing administrative process. The termination of listing as a delinquent member is administrative in nature but it shall be made with notice and hearing by the MCLE Committee. RULE 15 MANDATORY CONTINUING LEGAL EDUCATION COMMITTEE Sec 1. Composition. The MCLE Committee shall be composed of five (5) members, namely: a retired Justice of the Supreme Court, as Chair, and four (4) members, respectively, nominated by the IBP, the Philippine Judicial Academy, a law center designated by the Supreme Court and

associations of law schools and/or law professors. The members of the Committee shall be of proven probity and integrity. They shall be appointed by the Supreme Court for a term of three (3) years and shall receive such compensation as may be determined by the Court. Sec. 2. Duty of the Committee.The MCLE Committee shall administer and adopt such implementing rules as may be necessary subject to the approval by the Supreme Court. It shall, in consultation with the IBP Board of Governors, prescribe a schedule of MCLE fees with the approval of the Supreme Court. Sec. 3. Staff of the IBP. The IBP shall employ such staff as may be necessary to perform the record-keeping, auditing, reporting, approval and other necessary functions. Sec. 4. Submission of annual budget. The IBP shall submit to the Supreme Court an annual budget for a subsidy to establish, operate and maintain the MCLE Program. This resolution shall take effect in October 2000, following its publication in two (2) newspaper of general circulation in the Philippines. Adopted this 22nd day of August, 2000.

161

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads] [Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law]

ANNEXED LEGISLATIVE AND EXECUTIVE ISSUANCES
R.A. 6033 (1969)

of this Act shall constitute sufficient ground for disciplinary action which may include suspension or removal.

162

Sec. 5. This approval.

Act

shall

take

effect

upon

its

Approved: August 4, 1969

RA 6034 (1969)

AN ACT REQUIRING COURTS TO GIVE PREFERENCE TO CRIMINAL CASES WHERE THE PARTY OR PARTIES INVOLVE ARE INDIGENTS. Sec. 1. Any provision of existing law to be contrary notwithstanding and with the exception of habeas corpus and election cases and cases involving detention prisoners, and persons covered by Republic Act Numbered Four thousand nine hundred eight, all courts shall give preference to the hearing and/or disposition of criminal cases where an indigent is involved either as the offended party or accused. The trial in these cases shall commence within three days from date of arraignment and no postponement of the hearings shall be granted except on the ground of illness of the accused or other similar justifiable grounds. City and provincial fiscals and courts shall forthwith conduct the preliminary investigation of a criminal case involving an indigent within three days after its filing and shall terminate the same within two weeks. Sec. 2. As used in this Act, the term "indigent" shall refer to a person who has no visible means of income or whose income is insufficient for the subsistence of his family, to be determined by the fiscal or judge, taking into account the members of his family dependent upon him for subsistence. Sec. 3. An indigent who is the offended party, respondent or an accused in a criminal case and who desires to avail of the preference granted under this Act shall file a sworn statement of the fact of his being indigent and the said sworn statement shall be sufficient basis for the court or fiscal to give preference to the trial and disposition of such criminal case. Sec. 4. Any wilful or malicious refusal on the part of any fiscal or judge to carry out the provisions

AN ACT PROVIDING TRANSPORTATION AND OTHER ALLOWANCES FOR INDIGENT LITIGANTS. Sec. 1. Any provision of existing law to the contrary notwithstanding, any indigent litigant may, upon motion, ask the Court for adequate travel allowance to enable him and his indigent witnesses to attendant the hearing of a criminal case commenced by his complaint or filed against him. The allowance shall cover actual transportation expenses by the cheapest means from his place of residence to the court and back. When the hearing of the case requires the presence of the indigent litigant and/or his indigent witnesses in court the whole day or for two or more consecutive days, allowances may, in the discretion of the Court, also cover reasonable expenses for meal and lodging. For the purpose of this Act, indigent litigants shall include anyone who has no visible means of income or whose income is insufficient for his family as determined by the Court under Section 2, hereof. Sec. 2. If the court determines that the petition for transportation allowance is meritorious, said court shall immediately issue an order directing the provincial, city or municipal treasurer to pay the indigent litigant the travel allowance out of any funds in his possession and proceed without delay to the trial of the case. The provincial, city or municipal treasurer shall hold any such payments as cash items until reimbursed by the national government. Sec. 3. All payments of travel allowances made by provincial, city and municipal treasurer under this Act as of October 31 each year, shall be transmitted to the Commissioner of the Budget not later than November 30 each year for inclusion in the annual General Appropriations Act. The necessary sum is hereby authorized to

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads] [Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law]

be appropriated out of the funds in the National Treasury not otherwise appropriated. Sec. 4. This Act shall take effect upon its approval. Approved: August 4, 1969

b. suspension from office for a period not exceeding thirty (30) days upon finding of guilt for the first time; c. (b) suspension from office for not less than thirty (30) days and not more than sixty (60) days upon finding of guilt for the second time; and d. removal from office upon finding of guilt for the third time. Sec. 4. This Act shall apply to all indigent or low income litigants who, at the time of its approval, have pending cases in any fiscal office, court, or quasi-judicial body or administrative tribunal. Sec. 5. The Department of Justice shall prescribe such rules and regulations as may be necessary to carry out the purposes of this Act, and the Department Head concerned shall provide the necessary supplies and authorize the use of government equipment by the stenographers concerned. Sec. 6. This Act shall take effect upon its approval. Approved: August 4, 1969.

163

RA 6035 (1969)

AN ACT REQUIRING STENOGRAPHERS TO GIVE FREE TRANSCRIPT OF NOTES TO INDIGENT AND LOW INCOME LITIGANTS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. Sec. 1. A stenographer who has attended a hearing before an investigating fiscal or trial judge or hearing commissioner of any quasijudicial body or administrative tribunal and has officially taken notes of the proceeding thereof shall, upon written request of an indigent or low income litigant, his counsel or duly authorized representative in the case concerned, give within a reasonable period to be determined by the fiscal, judge, commissioner or tribunal hearing the case, a free certified transcript of notes take by him on the case. Sec. 2. A litigant who desires to avail himself of the privilege granted under Section one hereof shall, at the investigation, hearing, or trial, establish his status as an indigent or low income litigant and the investigating fiscal or judge or commissioner or tribunal hearing the case shall resolve the same in the same proceeding. For the purpose of this Act, an "indigent or low income litigant" shall include anyone who has no visible means of support or whose income does not exceed P300 per month or whose income even in excess of P300 per month is insufficient for the subsistence of his family, which fact shall be determined by the investigating fiscal or trial judge or commissioner or tribunal hearing the case taking into account the number of the members of his family dependent upon him for subsistence. Sec. 3. Any stenographer who, after due hearing in accordance with the pertinent provisions of R.A. 2260, as amended, has been found to have violated the provisions of Section one of this Act or has unreasonable delayed the giving of a free certified transcript of notes to an indigent or low income litigant shall be subject to the following disciplinary actions:

P.D. 543 (1974)

AUTHORIZING THE DESIGNATION OF MUNICIPAL JUDGES AND LAWYERS IN ANY BRANCH OF THE GOVERNMENT SERVICE TO ACT AS COUNSEL DE OFICIO FOR THE ACCUSED WHO ARE INDIGENT IN PLACES WHERE THERE ARE NO AVAILABLE PRACTICING ATTORNEYS WHEREAS, under existing law, Municipal Judges and other lawyers in the government service are prohibited from practicing law; WHEREAS, there are some places where there are no available legal practitioners, as a result of which the trial of cases in court is delayed to the prejudice particularly of detention prisoners; WHEREAS, for the protection of the rights of the accused who cannot afford to hire lawyers from other places and to prevent miscarriage of justice, it is necessary that they be provided with counsel; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution as commander-in-Chief of the Armed Forces of the

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads] [Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law]

or official proceedings in. in the year of Our Lord. with intent to impair its verity. THEREFORE. FERDINAND. criminal cases. destroying.tax_law] . as counsel de oficio for an indigent person who is facing a criminal charge before his court. or in the courts. Rule One Hundred Thirty Eight of the Rules of Court. Designation of Municipal Judges and lawyers in any branch of the government service. (f) making.design] Bobbie_StaMaria. misrepresentation. (c) harboring or concealing. authenticity.head] [Nayna_Malayang. deceit. or a fine ranging from 1. President of the Philippines. (1981) PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS [Lorybeth_Baldrias. and the services of such counsel de oficio shall be duly compensated by the Government in accordance with Section thirty-two. or official proceedings in. in Tanodbayan. document.crim_law] [Vivian_Tan/Justin_Mendoza.lectures] [Japee_DeLeon. paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of. to discourage public indifference or apathy towards the apprehension and prosecution of criminal offenders. impedes. nineteen hundred and seventy-four. the city or municipal judge concerned shall immediately recommend to the nearest District Judge the appointment of a counsel de oficio. record. 1972. DONE in the City of Manila. or has reasonable ground to believe or suspect. evading prosecution or the execution of a judgment. the District Judge or Circuit Criminal Court Judge shall designate a municipal judge or a lawyer employed in any branch.printing] [Miles_Malaya. For purposes of this Decree an indigent person is anyone who has no visible means of support or whose income does not exceed P300 per month or whose income even in excess of P300 is insufficient for the subsistence of his family. 1081. subdivision or instrumentality of the government within the province. availability. This Decree shall take effect immediately. The penalty of prision correccional in its maximum period. If the criminal case wherein the services of a counsel de oficio are needed is pending before a City or municipal court. 1972. it is necessary to penalize acts which obstruct or frustrate or tend to obstruct or frustrate the successful apprehension and prosecution of criminal offenders. 1. and General Order No. 1829.legal_ethics] [Lianne_Gervasio. (b) altering. or concealing his true name and other personal circumstances for the same purpose or purposes.D.secretariat] [Dionne_Sanchez.comm_law] [Ces_Sicangco/Rowena_Romero. E.civ_law] [Hya_Rafael/Mac_Macapagal. (d) publicly using a fictitious name for the purpose of concealing a crime.poli_law] [Ascheia_Yumul. and pursuant to Proclamation No. has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction.labor_law] [Miguel_DeJesus. WHEREAS. 2. dated September 21. All laws and decrees inconsistent with this Decree are hereby repealed.deputy] [Rhudz_Raymundo. intimidation. legibility. NOW.000 to 6. shall be imposed upon any person who knowingly or willfully obstructs. or admissibility as evidence in any investigation of or official proceedings in. or both. 164 P. Effectivity.acads] [Jam_Jacob. suppressing or concealing any paper. MARCOS. which fact shall be determined by the Judge in whose court the case is pending.Philippines. or facilitating the escape of. document. 1. dated September 22. taking into account the number of the members of his family dependent upon him for subsistence. do hereby order and decree as follows: Sec. criminal cases. criminal cases. as counsel de oficio. presenting or using any record. I. or to be used in the investigation of. force or threats.000 pesos. crime and violence continue to proliferate despite the sustained vigorous efforts of the government to effectively contain them. In places where there are no available practicing lawyers. any person he knows. Section 3. (e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices. this 21st day of August.rem_law] [Paul_Sorino/Judy_Ripol. WHEREAS. as amended. Sec. and the District Judge shall forthwith appoint one in accordance with the preceding paragraph. or object. by virtue of the powers vested in me by law do hereby decree and order the following: Section 1. Repealing Clause. frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts: (a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the identity of any offender/s by means of bribery.

(g) soliciting. [Lorybeth_Baldrias. (i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim. Sec.labor_law] [Miguel_DeJesus. whether lawful or unlawful. Sec.tax_law] . criminal cases. 3.lectures] [Japee_DeLeon.secretariat] [Dionne_Sanchez.crim_law] [Vivian_Tan/Justin_Mendoza.comm_law] [Ces_Sicangco/Rowena_Romero. 2. this 16th day of January.civ_law] [Hya_Rafael/Mac_Macapagal. or impeding the prosecution of a criminal offender. criminal cases. accepting. (h) threatening directly or indirectly another with the infliction of any wrong upon his person. This immediately.poli_law] [Ascheia_Yumul. or imposing a condition. discounting.rem_law] [Paul_Sorino/Judy_Ripol. in the year of Our Lord.head] [Nayna_Malayang. or official proceedings in.deputy] [Rhudz_Raymundo. nineteen hundred and eighty-one. he shall in addition to the penalties provided thereunder. or agreeing to accept any benefit in consideration of abstaining from. suffer perpetual disqualification from holding public office. in order to prevent a person from appearing in the investigation of or in official proceedings in. honor or property or that of any immediate member or members of his family in order to prevent such person from appearing in the investigation of.legal_ethics] [Lianne_Gervasio.design] Bobbie_StaMaria. the higher penalty shall be imposed. Decree shall take effect 165 Done in the City of Manila. If any of the acts mentioned herein is penalized by any other law with a higher penalty.acads] [Jam_Jacob.printing] [Miles_Malaya. or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court. If any of the foregoing acts is committed by a public official or employee.

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->