LAST MINUTE REVIEWER (MIDTERM EXAM) (4) Attorney-client Relationship: In the case of Hilado v

David, the Court has cited a number of jurisprudence, as
PROBLEM AREAS IN LEGAL ETHICS regards the concept of attorney-client relationship, to wit:
(Atty. Joseph De Chavez) In order to constitute the relation (of
A.Y. 2016 - 2017 attorney and client) a professional one and not
merely one of principal and agent, the attorneys
must be employed either to give advice upon a
legal point, to prosecute or defend an action in
court of justice, or to prepare and draft, in legal
form such papers as deeds, bills, contracts and
the like.
To constitute professional employment
it is not essential that the client should have
employed the attorney professionally on any
previous occasion. . . . It is not necessary that any
retainer should have been paid, promised, or
charged for; neither is it material that the attorney
consulted did not afterward undertake the case
about which the consultation was had. If a
Prepared by: Vicson A. Mabanglo || 3S
person, in respect to his business affairs or
Disclaimer: This reviewer has not yet been subjected to any proofreading. troubles of any kind, consults with his attorney in
The contents of this reviewer are from the MemAid, assigned cases, and his professional capacity with the view to
class discussions. obtaining professional advice or assistance, and
the attorney voluntarily permits or acquiesces in
LEGAL ETHICS such consultation, then the professional
employment must be regarded as established.
The branch of moral science, which treats of the duties, which an An attorney is employed-that is, he is
attorney owes to the COURT, to his CLIENT, to his COLLEAGUES engaged in his professional capacity as a lawyer
IN THE PROFESSION, and to the PUBLIC. or counselor-when he is listening to his client's
preliminary statement of his case, or when he is
CONCEPT OF PRACTICE OF LAW giving advice thereon, just as truly as when he is
drawing his client's pleadings, or advocating his
PRACTICE OF LAW is any activity in or out of court, which requires client's cause in open court.
the application of law, legal procedure, knowledge, training, and Formality is not an essential element of
experience. Generally, to practice law is to give advice or to render the employment of an attorney. The contract may
any kind of service, which advice or service requires the use in any be express or implied and it is sufficient that the
degree of legal knowledge or skill. Hence, the Supreme Court advice and assistance of the attorney is sought
declared that a lawyer-economist, a lawyer-manager, a lawyer- and received, in matters pertinent to his
entrepreneur, a lawyer-negotiator of contracts, and a lawyer- profession. An acceptance of the relation is
legislator of both rich and the poor are engaged in the practice of implied on the part of the attorney from his acting
law (Cayetano v Monsod). in behalf of his client in pursuance of a request by
the latter.
CRITERIA FOR THE PRACTICE OF LAW
Note: These are criteria, not requisites Note: In view of the broad definition in Cayetano v Monsod, when
(1) Habituality: It implies customarily or habitually holding lawyers teach law, they are considered engaged in the practice of
oneself out to the public, as a lawyer. Practice of law is law. Unlike professors in other disciplines, and more than lawyers,
more than an isolated appearance, for it consists in who do not teach law, respondents are bound by their oath to
frequent or customary action. uphold the ethical standards of the legal profession. Thus, their
However, an isolated appearance may constitute actions as law professors must be measured against the same
practice of law, when there is a rule prohibiting some canons of professional responsibility applicable to all members of
persons from engaging in the exercise of the legal the Bar, as the fact of their being law professors is inextricably
profession. entwined with the fact that they are lawyers (Re: Letters of the UP
(2) Compensation Faculty)
(3) Application of law, legal principle, practice or
procedure, which calls for legal knowledge, training, Practice of law is not a matter of right, but merely a privilege
and experience bestowed upon individuals, who are not only learned in the
law, but who are also known to possess good moral character.

“The study of law is a test of character, for character builds competence.” LAST MINUTE REVIEWER IN PALE (Atty. De Chavez)
Prepared by: Vicson A. Mabanglo;3S | page 1

jurisprudence. 5) (1) Good moral character: This requirement is not only a The power to admit applicants to the practice of law is condition precedent to admissionto the practice of law. before he began the study of law. officially approved and recognized by However. of good moral character. The duty to serve the public admission to the bar examination shall be admitted unless he and aid in the administration of justice should be the primary presents a certificate that he has satisfied the Secretary of consideration of lawyers and not their personal interests or what Education that. (4) Citizen of the Philippines On the other hand. Par. if he re-acquires it in “The study of law is a test of character.However. De Chavez) Prepared by: Vicson A. Citizenship Retention and Re-Acquisition Act of accompanied by a certificate from the university or school of law. at least twenty-one (5) Compliance with MCLE years of age. — No applicant for It is a profession and not a business. [GRACE-MoR-LAB] Sec. the legislature. Art.” LAST MINUTE REVIEWER IN PALE (Atty. and that no charges Effect of Loss and Re-acquisition of against him. requiring for admission thereto the completion REGULATION OF PRACTICE OF LAW of a four-year high school course. practice. pursuant to RA 9225 or “The the Secretary of Education. and procedure in all courts. The continued possession is also essential for remaining in the authority to decide who may be admitted to the bar naturally and practice of law. international law. Valid reasons must exist before a lawyer may be unless he has satisfactorily completed the following courses in a law prevented from practicing law and can only be deprived of such right school or university duly recognized by the government: civil law. public and private afforded him (In Re: Ozaeta. to practice law in the Philippines. Pre-Law. 2003” a Filipino lawyer who becomes a citizen of shall be filed as evidence of such facts. and CONTINUING REQUIREMENTS FOR THE PRACTICE OF LAW: who is in good and regular standing. involving moral turpitude. labor and social legislation. — All applicants for admission other than those referred pursuant to Section 14. De Leon.3S | page 2 . Thus. RULE 138. spanish. it becomes a right once a person is admitted to the No applicant shall be admitted to the bar examinations practice of law. the course of study prescribed The Constitution provides that the SC shall have the power therein for a bachelor's degree in arts or sciences with any of the to promulgate rules concerning the protection and enforcement of following subjects as major or field of concentration: political constitutional rights. english. Sec. Section 5. professions in the Philippines shall be limited to RULE 138. and must produce before the Supreme Court (7) Citizenship satisfactory evidence of good moral character. [TIP-SM-GC] (1) Payment of Professional Tax REQUIREMENTS FOR ADMISSION TO THE BAR (2) Membership in the IBP RULE 138. Section 6. he had pursued they owe to themselves. But. Section 2. the admission to the practice of law. (8) Take the Lawyer’s Oath (9) Must have complied with the academic requirements WHO MAY PRACTICE LAW (Rule 138. — Every applicant for admission as a member (4) Good and regular standing of the bar must be a citizen of the Philippines. political law. save in cases prescribed by law. Mabanglo. involving moral turpitude. remedial law. Additional requirements for other Filipino Citizens. Hence. history and economics. VIII. Romulo. and successfully completed all prescribed courses. Requirements for all applicants for (3) Payment of the IBP dues admission to the bar. science. have not pass a law that will control the SC in the performance of its been filed or are pending in any court in the Philippines function to decide who may enjoy the privilege of practicing law and (7) Sign the Roll of Atoorneys and receive from the clerk of any law of that kind is unconstitutional as an invalid exercise of court of the SC a certificate of license to practice legislative power (In Re: Cunanan). The affidavit of the candidate. in a law school or university. logically belongs to the judiciary represented by the SC in view of (2) Resident of the Philippines the nature of its judicial function and in the role played by attorneys (3) At least 21 years of age in the administration of justice. 5. and satisfactorily completed in an authorized and recognized university or college. applicants. Article XII of the 1987 to in the two preceding section shall. the loss of Philippine examination. and resident of the (6) Possession of good moral character Philippines. the integrated bar and legal assistance to the under-privileged (1987 Constitution. the legislature may (6) No charges against him. criminal law. logic. or hereafter admitted as such in accordance with the provisions of this rule. taxation and legal ethics. Philippine citizenship. have been filed or are Philippine Citizenship: The practice of all pending in any court in the Philippines. its judicial in nature and involves the exercise of judicial discretion. pleading. before being admitted to the Constitution. for misconduct duly ascertained and after due process has been commercial law. Mabanta & Reyes). and further evidence may another country is deemed never to have lost his be required by the court. is entitled to practice law. 1): Any person (10) Pass the Bar Examinations heretofore duly admitted as a member of the bar. medical It is a privilege burdened with conditions. in the exercise of its (5) Must produce satisfactory evidence of good moral police power may enact laws regulating the practice of law to protect character the public and promote the public welfare. for character builds competence. satisfactorily show that they have regularly studied law Citizenship ipso jure terminates the privilege for four years.

7). Less grave: 1 month and 1 day to 6 years). Nevertheless. Section 2. Failure of an (Rule 138. b. to represent I. can appear and handle cases in court. that person with the standards of professional conduct must be an authorized member of the Bar governing members of the Bar. shall be under the direct criminal cases. for character builds competence. 34). an appearance of the law student authorized by individual litigant has the right to conduct his litigation personally. in conducting the trial of his case. who supervision and control of a member of the is a layman. briefs. Any and all violating his right to due process (Grave: 6 yrs. who is a resident of “The study of law is a test of character. which is a party may conduct his case or litigation personally to the case. De Chavez) Prepared by: Vicson A.” LAST MINUTE REVIEWER IN PALE (Atty. that of a layman in that regard. he having as much rights as party to the case. except in the MTC. He/she represent himself/herself as litigation. if he c. acting for the aid of an attorney (Rule 138. other papers to be filed. memoranda or reclusion perpetua (life). Sec. Likewise. accordance with said law. the legal clinic. he CANNOT conduct Integrated Bar of the Philippines duly his own defense. of the supervising lawyer during the hearing An attorney. Privileged communications. where it may the legal clinic.3S | page 3 . Standards of conduct and conduct his case or litigation personally. supervision. in grave and less grave offenses of an accused. He must first secure authority from SC Sec. if the offense charged organization. that is existing within is not grave or less grave offense. be represented by its agent or officer. 34). Section 3. the judge may appoint a non-lawyer. claim that he and control” requires the physical presence was not properly represented. (2) Before any other court: A party may Section 4. attorney to provide adequate supervision of A non-lawyer conducting his student practice may be a ground for own litigation is bound by the same rules disciplinary action. with the aid of shall apply to similar communications made an agent or friend appointed by him. can validly prosecute or defend his own a. as his right to counsel may not be waived without accredited by the law school. In this rule. He/she represents a legitimate (3) Criminal cases before the MTC: A party labor organization. Mabanglo. before the NLRC or any Labor Arbiter if. tribunal. members of a legitimate labor he may only do such. or with to or received by the law student. Conditions for student annual membership dues in the IBP practice. But. the Bar is not available. accrue. the employer’s establishment. who is otherwise (Cruz v Mina). criminal or PROHIBITIONS AND LIMITATIONS IN THE PRACTICE OF LAW administrative case before any trial court. motions. upon compliance with the following condition: (4) Student Practice Rule (Rule 138-A): (a) The updating and payment in full of Section 1. must be signed by A juridical person must always appear in court through a the supervising attorney for and in behalf of duly licensed member of the bar. — A law student who has (b) Payment of professional tax successfully completed his 3rd year of the (c) Completion of at least 36 credit regular four-year prescribed law curriculum hours of MCLE and is enrolled in a recognized law school's (d) Retaking of the lawyer’s oath clinical legal education program approved by (In Re: Dacanay) the Supreme Court. who need not be a lawyer. Sec. Appearance. But. who in a locality where a duly licensed member of are parties to the case. He Note: The phrase “direct supervision cannot. after judgment. his the province AND of good repute for probity right to practice law does not automatically and ability to aid the accused (Rule 116. and 1 day to pleadings. Appearance of Non-Lawyers in court indigent clients accepted by the legal clinic of General Rule: Only those who are licensed to practice law the law school. Exceptions: — The Rules safeguarding privileged (1) Before the MTC: A party may conduct his communications between attorney and client case or litigation personally. board or officer. must always appear by counsel. He/she represents a member or chooses to conduct his litigation personally. disqualified to practice law or has been (5) Before the NLRC: a non-lawyer may appear disbarred or suspended from practice. may appear without compensation in any civil. — The law student shall comply if he gets someone to aid him. or with the aid of an attorney. — The May a party represent himself? In civil cases.

who He cannot allow his name to appear in falsely represented himself to be an attorney to the such pleading by itself or as part of a firm name. a. Art IX. tribunals. (2) Official and employees of the Office of the Solicitor c. (4) President. in an isolated case. 35) an offense committed in relation to his office. are prohibited from engaging appear for the Government of the in the practice of their legal profession. Villanueva. electoral (3) He should not charge or collect attorney’s fees. d. (4) Disqualification and complaint for disbarment because the signature of an agent amounts to a (5) Administrative complaint against the erring lawyer or signing of a non-qualified senator or government official congressman. or quasi-judicial and administrative bodies. Practice of Law by Public Officials Government Code (RA 7160. VI. 14) presentation of evidence. Sec. 90) (6) Before a Cadastral Court: a non-lawyer (9) Civil service officers and employees whose duties require may represent a claimant before the them to devote their entire time at the disposal of the Cadastral Court (Act No. 2) which is a party to the case. Const.. (8) Governors. 8. any office. The word “appearance” includes not only Remedies Against Unauthorized Practice of Law [ICE-DA] arguing a case before any such body. (6) Members of Judicial Bar Council (IX-A. May 27. VII. 9) government (Catu vs. 2. Appear as counsel in any criminal case Practice Law in the Philippines wherein an officer or employee of the (1) Judges and other officials or employees of the superior national or local government is accused of court (Rules of Court. Sec. 2) recognized by the DOJ or the IBP.) e. 2259. be appearing in court or quasi-jjudicial or practice law directly or indirectly by employing a lawyer to practice administrative body in violation of the for it or to appear for the others for its benefit.. such as (1) Senators and Members of the HOR (1987 Constitution. 33) as counsel for a relative or close family friend. Members of the Cabinet. Limitations on Appearance of Non-Lawyers Before the Courts: Public Officials who are NOT ABSOLUTELY PROHIBITED to (1) He must confine his work to non-adversary contentions. damage of a party under the signature of another qualified lawyer.3S | page 4 . Sec. local government unit of which he is an L-19450. GR No. he may. act 138. for character builds competence.. designated in accordance with law to (10) Those who. 91). IX. Rule 138. 13) government except when “The study of law is a test of character. Use property and personnel of the deputies and assistants (Const. by such II. Practice of Law by a Corporation: A corporation cannot act. Rellosa. (3) Criminal complaint for Estafa against a person. their d. Sec. (7) Any official or other person appointed or 2008). Sec. or instrumentality of the government is the adverse party. Practice Law in the Philippines He should not undertake purely legal work. Art. Sec. Rule 138. Feb. Sanggunian General Rule: The appointment or election of an attorney members may practice their professions provided that if to a government office disqualifies him from engaging in the private they are members of the Bar. counsel before any courts of justice. (2) Members of the Sanggunian: Under the Local III. Sec. He/she is the owner or president of (7) Ombudsman and his deputies (Const. De Chavez) Prepared by: Vicson A. However. Appear as counsel before any court in any Exception: Some public officials are not absolutely civil case wherein a local government unit or disqualified to practice law.” LAST MINUTE REVIEWER IN PALE (Atty. Sec. but if so authorized Philippines or any of its officials (Rule by the department head. directly (In Re: David). 35) administrative proceedings involving the (3) Government Prosecutors (People vs. He cannot do an attorney to attend to and conduct its own legal business or indirectly what the Constitution prohibits affairs. city and municipal mayors (RA 7160. 19. 1965) official. He/she is a duly-accredited (5) Chairman and members of the Constitutional member of any legal aid office Commissions (Const. He is prohibited from appearing as (2) His services should not be habitually rendered. Par a corporation or establishment. Art. AC No. Sec. Mabanglo. they shall not: practice of law. by special law. but also (1) Petition for Injunction filing a pleading on behalf of a client (Ramos v (2) Contempt of Court Manalac). or the Art. it may hire constitutional restriction. Vice-President. Public Officials who are ABSOLUTELY PROHIBITED to b. agency. Collect any fee for their appearance in General (Rules of Court. the office of an attorney being originally of agency. Sec. examination or cross-examination of witnesses. and because he will. Sec. 5738.

Fiduciary. legal aid. nor consent to (4) grossly immoral conduct. of justice. [D-FUC] Rule 3. Section 27: Attorneys removed or suspended by department head. THE LAWYER AND SOCIETY actions according to the sworn promises he makes when taking the lawyer’s oath (In Re: Argosino). SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE “The study of law is a test of character. or give aid nor consent to the turpitude.01 . They disciplinary powers. Competence and firm name unless the law allows him to practice law currently. either personally or through paid agents maintain allegiance to the Republic of the Philippines. (2) COURT: Candor. FAIR. a retired justice or judge receiving pension from PROFESSIONAL RESPONSIBILITY) IN ANSWERING CASE the government. So help me God. Every lawyer should at all times weigh his CHAPTER I. together with the appropriate canon and rule violated.In the choice of a firm name. cannot act as counsel in any civil case in PROBLEMS which the Government. the case would still proceed. Convincing. However. false or unlawful suit. immoral or deceitful conduct. [RICA] misleading or assumed name shall be used. guardian of due process. Respect. Mabanglo. Likewise. I will not wittingly nor willingly promote or sue (5) by reason of his conviction of a crime involving moral any groundless. HONEST. [All-Clients-Love-F3ierce-Counsel] CANON 5 .). the burden of proof generally officers and employees whose duty does not require their rests upon the complainant. for character builds competence. aware of special role in the solution of special problems CANON 3 . foster social reforms. If the official is authorized by the Rule 138.A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS. the name of a deceased partner is permissible provided that the firm Courtesy towards fellow lawyers. The lawyer’s oath is not a mere ceremony or formality for practicing law. (1) SOCIETY: A lawyer should not violate his responsibility to Rule 1. he may. and will conduct (6) for any violation of the oath which he is required to take myself as a lawyer according to the best of my knowledge and before the admission to practice. lawyers. Prevent unauthorized practice of law.A lawyer shall not engage in unlawful. he shall (4) CLIENT: Make himself available. or discretion with all good fidelity as well to the courts as to my clients. constitutes malpractice. Assist in the administration Rule 3. diligence. constituted authorities therein. offense in relation to his office.3S | page 5 . the case against a respondent must be need to secure a written permit from the head of the established by clear. officials who by express in case a complainant withdraws his complaint against an erring mandate of the law are prohibited from practicing law. (4) Civil Service Officers of Employees: They are the civil In disbarment proceedings. even with the consent of the department head. ready to render dishonest. DIGNIFIED solution of social problems.” LAST MINUTE REVIEWER IN PALE (Atty. De Chavez) Prepared by: Vicson A. no false. department concerned. or mental reservation or purpose of evasion. withdrawal from the firm and his name shall be dropped from the Loyalty. The continued use of (3) PROFESSION: Maintain the dignity of the profession.A LAWYER SHALL UPHOLD THE CONSTITUTION. 1. (7) for a wilfull disobedience of any lawful order of a superior and I impose upon myself this voluntary obligations without any court.” (8) for corruptly or willful appearing as an attorney for a party to a case without authority so to do. engage in the practice of law. not. Fairness to fellow indicates in all its communications that said partner is deceased. Refrain from impropriety. Fidelity. Fair. society. or same. or any of its subdivision or agencies is the adverse party or in a criminal case wherein Note: In answering case problems.03 . exemplar for uprighteousness. or the doing of any court. I will delay no man for money or malice. and satisfactory proof. its Constitution and obey laws as well as the legal orders of the duly (3) or other gross misconduct in such office. in an isolated case. always invoke the an officer or employee of the Government is accused of an lawyer’s oath. Sec. represent Supreme Court on what grounds. AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS. (2) malpractice (The practice of soliciting cases at law for the “I___________ of ___________ do solemnly swear that I will purpose of gain. and the basis for penalty of suspension or disbarment.Where a partner accepts public office. CANON 1 . I will support or brokers. OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOUR-FOLD DUTIES OF A LAWYER FOR LAW OF AND LEGAL PROCESSES.A LAWYER IN MAKING KNOWN HIS LEGAL and be always ready to lend assistance in the study and SERVICES SHALL USE ONLY TRUE. (3) Retired Justice or Judge: Under RA 910. Confidentiality. — A member of the bar may be a relative or a close family friend. as IMPORTANT CANONS AND RULES (CODE OF amended. may lawyer. removed or suspended from his office as attorney by the Supreme Court for any LAWYER’S OATH (1) deceit. and for the court to exercise its entire time to be at the disposal of the government. I will do no falsehood.02 . PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS.

A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS PROFESSION. Rule 11. “The study of law is a test of character. . Rule 15. DIRECTLY OR INDIRECTLY. for character builds competence. THE LAWYER AND THE COURTS Rule 15. it is the right of any lawyer. and if so. FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND Rule 9. behave in a scandalous to do so. FAIRNESS AND CANDOR TOWARDS HIS CANON 13 .03 .A lawyer shall not delegate to any TRANSACTIONS WITH HIS CLIENTS. AND SHALL AVOID HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH HARASSING TACTICS AGAINST OPPOSING COUNSEL.A LAWYER SHALL OBSERVE CANDOR. or other relevant attribute.04 . shall ascertain as soon as practicable whether the matter standing. THE LAWYER AND THE CLIENT CANON 9 . would involve a conflict with another client or his own interest. without fear or the media regarding a pending case tending to arouse public favor. nor shall he mislead.01 .01 . nor seek opportunity for cultivating Rule 8.01 .02. in his professional INFLUENCING THE COURT.A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND CANON 7 . allow the Court to be misled by any artifice.A lawyer shall be answerable for knowingly case. after obtaining extensions Rule 7. impede the execution of a judgment or misuse Court processes. De Chavez) Prepared by: Vicson A. CANON 6 . attention or hospitality to. OR GIVES THE APPEARANCE OF Rule 8. Rule 12.A lawyer shall not extend extraordinary otherwise improper. encroach upon the professional employment of another Rule 13.03 .A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a CANON 10 . Mabanglo.A LAWYER SHALL OBSERVE AND MAINTAIN THE DISSEMINATING THE LAW AND JURISPRUDENCE. RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.A lawyer shall submit grievances against a nor allow the latter to interfere with his public duties. let the period lapse adversely reflects on his fitness to practice law.A lawyer shall abstain from scandalous. Rule 7. Rule 12.A lawyer shall not make public statements in lawyer.02 . with the copies.05 . dealings. familiarity with Judges. INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND Rule 12. LAW.THESE CANONS SHALL APPLY TO LAWYERS IN Rule 11.02 . memoranda or briefs.A lawyer shall not.A LAWYER OWES CANDOR. .04 .A LAWYER SHALL NOT.03.A lawyer in the government service shall not not supported by the record or have no materiality to the case.03 . education. in conferring with a prospective may only be performed by a member of the bar in good client.A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY.A lawyer shall not file multiple actions arising admission to the bar of any person known by him to be unqualified from the same cause. offensive or Rule 13.A lawyer shall not unduly delay a case. CHAPTER II. Rule 11.A lawyer shall not appear for trial unless he SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.01.A lawyer shall not do any falsehood. making a false statement or suppressing a material fact in He should also be ready with the original documents for comparison connection with his application for admission to the bar. relief against unfaithful or neglectful counsel.01 . GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR offensive or menacing language or behavior before the Courts. FAIRNESS AND prospective client. CANON 8 . the evidence he will adduce and the order of its proferrence. nor interests except by written consent of all concerned given after consent to the doing of any in Court. in respect to character.A LAWYER SHALL RELY UPON THE MERITS OF PROFESSIONAL COLLEAGUES. CHAPTER III. ASSIST IN THE UNAUTHORIZED PRACTICE OF CANON 15 .3S | page 6 .A lawyer shall not engage in conduct that of time to file pleadings. or a full disclosure of the facts. has adequately prepared himself on the law and the facts of his Rule 7.” LAST MINUTE REVIEWER IN PALE (Atty.. use his public position to promote or advance his private interests. however.01 .A lawyer shall not attribute to a Judge motives Rule 6.A lawyer shall not. use language which is abusive. shall forthwith inform the prospective client.PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN CANON 11 . TENDS TO INFLUENCE.A lawyer shall not support the application for Rule 12. TASKS.02 .01 . THE LAWYER AND THE LEGAL PROFESSION CANON 12 . CHAPTER IV.A lawyer.A LAWYER SHALL AT ALL TIMES UPHOLD THE EFFICIENT ADMINISTRATION OF JUSTICE. CANON 16 .A lawyer shall not represent conflicting Rule 10. to give proper advice and assistance to those seeking opinion for or against a party.A lawyer shall not. manner to the discredit of the legal profession. Judge to the proper authorities only. directly or indirectly. unqualified person the performance of any task which by law Rule 15. GOOD FAITH TO THE COURT.02 .02 . nor shall he without submitting the same or offering an explanation for his failure whether in public or private life.

a lawyer-manager. (f) The customary charges for similar services The practice of law is not a property right. a violation of ethical standards takes into inception. involves cases when a secretary or an individual not (h) The contingency or certainty of compensation.A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE. Hence. poor are engaged in the practice of law (Cayetano v Monsod). unauthorized practice of law. dishonest. whether document (Tapay v Jarder). CANON 9 . immoral or deceitful conduct. and his client. (d) When the mental or physical condition of the giving notice promptly thereafter to his client. IN THE CIRCUMSTANCES. Also. activity in or out of court.A lawyer shall be guided by the following procedure. the Supreme Court declared that a lawyer- (b) the novelty and difficulty of the questions economist. and experience.A LAWYER SHALL NOT. and a lawyer-legislator of both rich and the (c) The importance of the subject matter. However. Rule 16. and justice. he is engaged in an a result of acceptance of the proffered case.” LAST MINUTE REVIEWER IN PALE (Atty. for character builds competence. CLIENT RELATION IS TERMINATED. and as such must bow to the interest of regulatory belongs.A lawyer shall not borrow money from his fees for the services or fails to comply with the retainer client unless the client's interest are fully protected by the agreement.A LAWYER SHALL PRESERVE THE CONFIDENCE PROCESSES.A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND Basically. but a mere and the schedule of fees of the IBP chapter to which he privilege. UPHOLD THE CONSTITUTION.04 . Rule 1. ASSIST IN THE UNAUTHORIZED PRACTICE OF ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE LAW. Mabanglo. the benefits resulting to the client from the service. (d) The skill demanded. he (c) When his inability to work with co-counsel will shall have a lien over the funds and may apply so much thereof as not promote the best interest of the client.01 . Generally. DUTY TO SOCIETY CANON 20 . entitled to practice law is tasked to sign on behalf of a lawyer legal (i) The character of the employment. (b) When the client insists that the lawyer pursue Rule 16.01 . power of the Court to exact compliance with the lawyer’s (g) The amount involved in the controversy and public responsibilities (In Re: Edillon). may be necessary to satisfy his lawful fees and disbursements. When a suspended lawyer continues to practice law.01 .3S | page 7 . AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY. when CONFIDENCE REPOSED IN HIM. knowledge.A lawyer shall keep the funds of each client handling. (e) The probability of losing other employment as despite being suspended or disbarred. the profession. training.A LAWYER SHALL CHARGE ONLY FAIR AND UNAUTHORIZED PRACTICE OF LAW: Practice of law is any REASONABLE FEES. “The study of law is a test of character. a lawyer-entrepreneur. negotiator of contracts.01 . PROBLEM AREAS CANON 17 .A lawyer shall not engage in unlawful.A lawyer shall not delegate to any Rule 22.A LAWYER SHALL WITHDRAW HIS SERVICES INDIRECTLY. the court. a lawyer- involved. and Legal Basis in Answering: CANON 1 . nature of the case or by independent advice. a lawyer fails to fulfill his duties to the society. (e) When the client deliberately fails to pay the Rule 16. legal Rule 20.01 . CANON 18 . he has to advance necessary expenses in a legal (g) Other similar cases. or skill.03 .A lawyer shall account for all money or (a) When the client pursues an illegal or immoral property collected or received for or from the client.A LAWYER SHALL (j) The professional standing of the lawyer. which (a) the time spent and the extent of the service advice or service requires the use in any degree of legal knowledge rendered or required.A lawyer may withdraw his services in any of unqualified person the performance of any task which by law the following case: may only be performed by a member of the bar in good standing. De Chavez) Prepared by: Vicson A. when in the interest of public office. He shall also have a lawyer renders it difficult for him to carry out the lien to the same extent on all judgments and executions he has employment effectively. which requires the application of law. DIRECTLY OR CANON 22 . secured for his client as provided for in the Rules of Court. Rule 9. course of conduct in connection with the matter he is Rule 16. occasional or established. separate and apart from his own and those of others kept by him. Neither shall a (f) When the lawyer is elected or appointed to lawyer lend money to a client except. matter he is handling for the client. property of his client when due or upon demand.A lawyer shall deliver the funds and conduct violative of these canons and rules. OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL CANON 21 . to factors in determining his fees:chanroblesvirtuallawlibrary practice law is to give advice or to render any kind of service.02 .

The duty to public service dishonest. with competence.A LAWYER SHALL AT ALL TIMES UPHOLD Legal Basis in Answering: CANON 16 . and devotion. which must be continuously required from a lawyer. has consistently held that deliberate failure to pay just debts constitutes gross misconduct. integrity and fair dealing so that for free (Pichon v Agleron).FALSIFICATION IN APPLICATION TO THE ADMISSION TO THE In Foster v Agtang. the people’s faith and confidence in the judicial system is ensured. In disciplinary proceedings against lawyers. Rule 7. Its findings Rule 1.A LAWYER SHALL a business. They are expected to maintain not only legal proficiency. the only UPHOLD THE CONSTITUTION. should be a secondary consideration. CANON 18 .A LAWYER THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR. It is a profession in which duty to public service. immoral or deceitful conduct.A LAWYER SHALL engagement. And if he does not use the money for the intended matter he is handling for the client.01 .A lawyer shall keep the funds of each client Rule 7. OBEY THE LAWS OF THE issue is whether the officer of the court is still fit to be allowed to LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL continue as a member of the Bar. have no material bearing on other judicial actions which the parties dishonest. character. as to render him unworthy of public confidence (Ong v Rule 16.A lawyer shall deliver the funds and in respect to character.01 .” LAST MINUTE REVIEWER IN PALE (Atty.03 . CANON 7 . Lawyers are instruments takes up the causes of his client.02 . Mabanglo. honesty. for which a lawyer may be sanctioned INACTION/FAILURE TO PROVIDE SERVICE: Once a lawyer with suspension from the practice of law. Lawyering is not primarily LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL meant to be a money-making venture. The only concern of the Court is PROCESSES. Rule 7. It shows a lack of personal honesty and good moral secured for his client as provided for in the Rules of Court. regardless of whether he accepts it for a fee of high standard of morality. were later dishonored for having been drawn against a closed giving notice promptly thereafter to his client. but also a care. Neither shall a particular purpose. is the primary consideration. There are also some capacity. The Court held that it cannot order the lawyer to return qualifications.A lawyer shall not engage in unlawful. Guaren). who must subordinate their THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION personal interests or what they owe to themselves (Brunet v AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR. connection with his application for admission to the bar. immoral or deceitful conduct. Legal Basis in Answering: CANON 17 . he shall have a lien over the funds and may apply so much thereof as ISSUING BOUNCING CHECKS: The issuance of checks which may be necessary to satisfy his lawful fees and disbursements. the determination of respondent’s administrative liability. for character builds competence. Rule 16. The lawyer must immediately return the money to his client (Dizon v De Taza). the lawyer is bound to render an accounting to lawyer lend money to a client except.01 .3S | page 8 . behave in a scandalous SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE manner to the discredit of the legal profession. money to complainant if he or she acted in a private capacity such as but not limited to possession of good moral character (See because its findings in administrative cases have no bearing on previous discussion). the Court WITH COMPETENCE AND DILIGENCE. He shall also have a account indicates a lawyer’s unfitness for the trust and confidence lien to the same extent on all judgments and executions he has reposed on him.A LAWYER adversely reflects on his fitness to practice law. liabilities which have no intrinsic link to the lawyer’s professional Legal Basis in Answering: CANON 1 . PRACTICE OF LAW AS A BUSINESS: The practice of law is not Legal Basis in Answering: CANON 1 . a capital that necessarily yields profits.04 . HIS CLIENT THAT MAY COME INTO HIS PROFESSION. the Court cannot order respondent to BAR: An individual must possess all the qualifications provided for return the money he borrowed from complainant in his private by the law to be admitted to the bar to the Bar. or other relevant attribute.02 . REPOSED IN HIM.A lawyer shall account for all money or making a false statement or suppressing a material fact in property collected or received for or from the client. when in the interest of the client showing that the money was spent for that particular justice.A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE “The study of law is a test of character. However.A lawyer shall not support the application for separate and apart from his own and those of others kept by him. De Chavez) Prepared by: Vicson A.A lawyer shall be answerable for knowingly Rule 16.A lawyer shall not borrow money from his de los Santos) client unless the client's interest are fully protected by the When a lawyer receives money from the client for a nature of the case or by independent advice. and to the administration of justice should be the primary CANON 7 . not UPHOLD THE CONSTITUTION. may choose against each other. and the law advocacy is not PROCESSES. OBEY THE LAWS OF THE money. education. property of his client when due or upon demand.A lawyer shall not engage in conduct that Legal Basis in Answering: CANON 17 . admission to the bar of any person known by him to be unqualified Rule 16. purpose.A LAWYER SHALL SERVE HIS CLIENT BORROWING MONEY FROM CLIENT: Time and again.A lawyer shall not engage in unlawful.03 .01 . nor shall he OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE whether in public or private life. he has to advance necessary expenses in a legal purpose.A LAWYER SHALL AT ALL TIMES UPHOLD consideration for lawyers. and to attend to his clients’s cause with diligence. The gaining of livelihood Rule 1. he is duty bound to serve his client for the administration of justice and vanguards of our legal system.

" One of these tests is whether the acceptance of a new In line with the fiduciary duty of the Members of the Bar. flagrant. notaries public must UPHOLD THE CONSTITUTION. probity or MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME good demeanor. without employment.A LAWYER SHALL credit upon its face.A lawyer shall not engage in unlawful. womanizing.3S | page 9 .Attorneys Another test is whether a lawyer would be called upon in have authority to bind their clients in any case by any agreement in the new relation to use against a former client any confidential relation thereto made in writing. He exhibited a must be emphasized that the act of notarization by a notary public deplorable lack of that degree of morality required of him as a converts a private document into a public document making that member of the bar. or shameless. It is invested with substantive public interest that only Respondent made a mockery out of the institution of marriage. It taking advantage of his legal skills in the process. HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS. Authority of attorneys to bind clients. OBEY THE LAWS OF THE interests except by written consent of all concerned given after LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL a full disclosure of the facts. GROSS IMMORAL CONDUCT (Bigamy. Sec. Rule 1.03 . Under the 2004 Rules on Notarial Practice. 23. place within the territorial jurisdiction of the commissioning court for CANON 7 . those who are qualified or authorized may act as notaries public. “The study of law is a test of character.01 . Mabanglo. community. INTO HIS PROFESSION. By his own admission. De Chavez) Prepared by: Vicson A. commissioned as notary public may perform notarial acts in any dishonest. for character builds competence.SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE ENTERING IN A COMPROMISE AGREEMENT: In the practice of REPOSED IN HIM. Legal Basis in Answering: 2004 Rules on Notarial Practice. acquired. Respondent’s subsequent marriage during the subsistence of his previous one definitely manifests a deliberate Violation of Notarial Practice: Time and again. to submit questions to arbitration. the notary public has resigned under these Rules and the Rules of Rule 7. A notarial document is by law entitled to full faith and Legal Basis in Answering: CANON 1 . and that show a moral indifference to Rule 16. to wit: unfaithfulness or double-dealing in the performance of that duty.A lawyer shall not engage in unlawful. document admissible in evidence without further proof of (Perez v. FAIRNESS AND LOYALTY IN ALL (Sison v Camacho). etc): A dishonest. which thus warrant the penalty of disbarment. manner to the discredit of the legal profession.A lawyer shall not engage in conduct that Court. or so unprincipled as to be reprehensible DUTY TO PROFESSION to a high degree. . and in all information acquired through their connection or previous matters of ordinary judicial procedure.A lawyer shall not represent conflicting UPHOLD THE CONSTITUTION. or receive Legal Basis in Answering: CANON 15 .” LAST MINUTE REVIEWER IN PALE (Atty. law. unless earlier revoked or AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR. or when committed under such scandalous or revolting circumstances as to shock the community’s sense of UPHOLD THE DIGNITY OF THE LEGAL PROFESSION: decency.A LAWYER anything in discharge of a client's claim but the full amount in cash SHALL OBSERVE CANDOR. compromise their client's litigation. special authority.A LAWYER SHALL AT ALL TIMES UPHOLD a period of two (2) years commencing the first day of January of the THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION year in which the commissioning is made.01 . this Court disregard of the sanctity of marriage and the marital vows protected has stressed that notarization is not an empty. Legal Basis in Answering: CANON 1 . nor shall he notary public may perform notarial acts within the territorial whether in public or private life. meaningless and by the Constitution and affirmed by our laws. only persons who are commissioned as adversely reflects on his fitness to practice law. the renounce the right to appeal from a judgment. OBEY THE LAWS OF THE observe with utmost care the basic requirements in the performance LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL of their duties (In Re: Violation of Rules on Notarial Practice). routine act. Article 1878 of the Civil Code provides that WITH COMPETENCE AND DILIGENCE. PROCESSES. lawyers constantly formulate compromise agreements for the CANON 18 . to CONFLICT OF INTEREST: In the case of Gimeno v Zaide.” Immoral conduct involves acts that are willful. PROCESSES. behave in a scandalous jurisdiction of the court which granted the commission. Rule 138 of the Rules of Court specifies a stringent undivided fidelity and loyalty to the client or invite suspicion of requirement with respect to compromise agreements. immoral or deceitful conduct.A lawyer shall account for all money or the opinion of the upright and respectable members of the property collected or received for or from the client.01 . Ecraela v Pangalangan). Catindig. a person Rule 1. Immoral conduct is gross when it is so corrupt as to constitute a criminal act.A LAWYER SHALL SERVE HIS CLIENT benefit of their clients. and for this reason. lawyer may be suspended or disbarred for any misconduct showing CANON 16 . . But they cannot. immoral or deceitful conduct.03. to waive objections Court laid down the tests to determine if a lawyer is guilty of to the venue of an action or to abandon a prescription already representing conflicting interests between and among his clients. Under the rule. honesty. "special powers of attorney are necessary in the following cases: xxx (3) To compromise. relation would prevent the full discharge of a lawyer's duty of Section 23.A LAWYER SHALL Rule 15. and in taking appeals. authenticity.A LAWYER SHALL HOLD IN TRUST ALL any fault or deficiency in his moral character.

that the core values of honesty. Every lawyer is a servant of the law. befitting the consent to the doing of any in Court. fair and honest which is resorted to by the lawyer. nor shall he Kapunan). COURT. They should and otherwise improper. or that it is PROFESSIONAL COLLEAGUES. Rule 1.A LAWYER SHALL CONDUCT HIMSELF conduct of a member of the bar ought to and must always be WITH COURTESY. communicate upon the subject of controversy with a party dishonest. behave in a scandalous In the case of In Re: Almacaen: manner to the discredit of the legal profession. Mabanglo. unkind ascriptions has no place in the dignity of the judicial forum. OBEY THE LAWS OF THE favor. OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES. use language which is abusive. without fear or UPHOLD THE CONSTITUTION. however.A LAWYER SHALL lawyer. expect critical evaluation of their performance. which is AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE guaranteed by the freedom of speech and of expression in the Bill LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE of Rights of the Constitution.A LAWYER SHALL RESPECT TOWARDS THE COURT: The right to criticize.A LAWYER SHALL UPHOLD THE FAIRNESS TO FELLOW LAWYERS: CONSTITUTION. it is the right of any lawyer.A lawyer shall not. APPEARANCE OF INFLUENCING THE COURT. UNAUTHORIZED PRACTICE OF LAW: (See previous dishonest. AND SHALL AVOID articulated by a lawyer.A LAWYER SHALL AT ALL TIMES UPHOLD negotiate or compromise the matter with him. immoral or deceitful conduct. discussion in Duty to Society) CANON 7 . directly or indirectly. represented by counsel. the judiciary is rooted in the soil of “The study of law is a test of character. to avoid everything that may tend to mislead a party not represented by counsel. act in a manner beyond reproach especially when dealing with OWES CANDOR. in his professional courts actuation are thrown open to public consumption. FAIRNESS AND CANDOR TOWARDS HIS scrupulously observant of the law and ethics. not PROFESSIONAL COLLEAGUES. in the pursuit of his devotion to his client’s cause.A lawyer shall not. Freedom is not Rule 7. offensive.02 . much less should he undertake to CANON 7 . is condemnable Rule 8. and he should not undertake to advise him as to the law Impropriety in Dealings (Bribery. integrity. De Chavez) Prepared by: Vicson A. and trustworthiness are Use of abusive. Encroachment: A lawyer should not in any way Rule 1. for character builds competence. or dignity of the legal profession. every right carries with it a corresponding obligation. immoral or deceitful conduct. encroach upon the professional employment of another Legal Basis in Answering: CANON 1 . the criticism concerns a concluded litigation. The use of intemperate language and allow the Court to be misled by any artifice. Legal Basis in Answering: CANON 7 . PROCESSES. therefore.A lawyer shall not do any falsehood.): The primary duty (Binay-An v Addog) of lawyers is not to their clients but to the administration of justice.3S | page 10 .01 . whether in public or private life. Though a lawyer's language may be forceful and Rule 10. It is incumbent upon the lawyer most particularly AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.01 . but freedom with responsibility (In Re: adversely reflects on his fitness to practice law. and unethical (Jimenez v Verano). etc. must be exercised responsibly. to give proper advice and assistance to those seeking LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL relief against unfaithful or neglectful counsel. For like the executive and the legislative branches.A LAWYER SHALL CONDUCT HIMSELF the actuations of public officers. OR GIVES THE frivolous legal documents. Any means. He must not file false and IMPROPRIETY WHICH TENDS TO INFLUENCE.01 . offensive or Courts and judges are not sacrosanct. Legal Basis in Answering: To that end. CANON 13 . such as affidavits (Umaguing v De Vera). Every citizen has the right to comment upon and criticize CANON 8 . FAIRNESS AND CANDOR TOWARDS HIS fact that the criticism is aimed at a judicial authority. AND SHALL AVOID honorable.A LAWYER life. for INTEGRATED BAR.A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION DUTY TO THE COURT AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.A lawyer shall not engage in conduct that freedom from responsibility. nor shall he mislead. whether in public or private Legal Basis in Answering: CANON 10 . because then the Rule 8. CANON 1 .” LAST MINUTE REVIEWER IN PALE (Atty. language: A lawyer must at all times. or otherwise improper emphatically reiterated by the Code of Professional Responsibility. This right is not diminished by the WITH COURTESY. their clients’ success is wholly subordinate.01 . it should always be dignified and respectful.A LAWYER SHALL RELY UPON THE CANDOR TOWARDS THE COURT: A lawyer owes utmost honesty MERITS OF HIS CAUSE AND REFRAIN FROM ANY towards all his dealings with the courts.A lawyer shall not engage in unlawful. FAIRNESS AND GOOD FAITH TO THE fellow lawyers. nor emphatic. It is by no means a coincidence.A lawyer shall not engage in unlawful. even HARASSING TACTICS AGAINST OPPOSING COUNSEL. dealings.03 . The CANON 8 . Such right is especially recognized where HARASSING TACTICS AGAINST OPPOSING COUNSEL. and has to observe and maintain the rule of law as well as be an exemplar worthy of COURTESY TOWARDS FELLOW LAWYERS: emulation by others. but should deal only THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION with his counsel.

offensive or menacing language or behavior before the Courts. Certification against forum shopping.A LAWYER SHALL JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR UPHOLD THE CONSTITUTION. Nor is he the certification requirement and violation of the prohibition against professionally answerable for a scrutiny into the official conduct of forum shopping not only in terms of imposable sanctions but also in the judges. CA as follows: Well-recognized therefore is the right of a lawyer. shall constitute direct contempt. for character builds competence. both as The distinction between the prohibition against forum an officer of the court and as a citizen. If the acts of the party or his UPHOLD THE CONSTITUTION. Ong v. and shall not spill over the walls of decency and the latter is a ground for summary dismissal thereof and for direct propriety. he shall report that fact within five (5) days Direct Contempt is punished summarily. erring counsel to the corresponding administrative and criminal The test for criticizing a judges decision is. FAIRNESS AND GOOD FAITH TO THE COURT. OBEY THE LAWS OF THE counsel clearly constitute willful and deliberate forum shopping.01 .03 . contempt and mete out the punishment for it. and abuse and slander of courts and the judges thereof. — The and does not spill over the walls of decency and propriety plaintiff or principal party shall certify under oath in the (Habawel v CTA). This means a therefrom to the court wherein his aforesaid complaint or judge (or justice) can immediately cite an offending person in direct initiatory pleading has been filed. when an individual’s relief. citizens whom it is expected to serve. Section 5. immoral or deceitful conduct. An offender has to go Failure to comply with the foregoing requirements shall not through due process before being cited for indirect contempt. The submission of a false certification or non-compliance punish contempt of court in order to retain that respect without with any of the undertakings therein shall constitute indirect which the administration of justice must falter or fail.democratic society. therefore. cause for the dismissal without prejudice to the filing of the But it is the cardinal condition of all such criticism that it complaint or initiatory pleading upon motion and after hearing. no such of court (In Re: Verified Complaint of Merdegia). tribunal or quasi- their work for the Judiciary. Rule 7 of the Rules of Court.: whether or not the criticism is bona fide or done in good faith. to the best of his knowledge. hand. dishonest. Nonetheless. interferes with the due performance of involving the same issues in any court. the LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL same shall be ground for summary dismissal with prejudice and PROCESSES. contempt of court. LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL Rule 11. compliance with the and judges. expected not only to exercise the right.” LAST MINUTE REVIEWER IN PALE (Atty. and subjects the lawyer to disciplinary action. A wide chasm exists between fair criticism. actions. OBEY THE LAWS OF THE CONDUCT BY OTHERS. The former constitutes sufficient a citizen. Rule 1. on the one contempt. complaint or other initiatory pleading asserting a claim for It is indirect contempt of court. without prejudice to the corresponding Legal Basis in Answering: CANON 1 . Submission of False Certification of Forum Shopping: Separate from the proscription against forum shopping is the “The study of law is a test of character. and (c) if he should thereafter learn near the court's presence. to criticize in properly shopping and the certification requirement should by now be too respectful terms and through legitimate channels the acts of courts elementary to be misunderstood. while Indirect Contempt is not committed within or present status thereof. the the other. PROCESSES. a lawyer is independent of the avoidance of the act of forum shopping itself.A lawyer shall abstain from scandalous. or in a sworn certification annexed thereto and predisposition is to indiscriminately file administrative complaints simultaneously filed therewith: (a) that he has not against members of the Judiciary. ADMINISTRATION OF JUSTICE: CANON 10 . It is such a misconduct that subjects a constitutes indirect or direct contempt of court. No law may abridge this right.3S | page 11 . but also to consider it his There is a difference in the treatment between failure to comply with duty to avail of such right. while shall be bona fide. other action or claim is pending therein. unless otherwise provided. which would not expose him to legal animadversion as the manner of enforcing them. direct contempt may be that the same or similar action or claim has been filed or is committed through pleadings.A lawyer shall not engage in unlawful. (b) if there is such Direct Contempt is committed in the court's presence or so other pending action or claim. and only prejudice. MAINTAIN THE RESPECT DUE TO THE COURTS AND TO Legal Basis in Answering: CANON 1 . De Chavez) Prepared by: Vicson A. and thus constitutes indirect contempt judicial agency and. Mabanglo. certification against forum shopping is separate from and Hence. as well as a cause for CANON 11 . Intemperate and unfair criticism is a gross violation of the submission of false entries in a certification against forum shopping duty of respect to courts. nourished by the periodic appraisal of the violation of the certification requirement against forum shopping.A LAWYER SHALL OBSERVE AND administrative sanctions (Crisostomo v Nazareno). pending. on Under Section 5. a complete statement of the near the court. viz.A LAWYER SHALL administrative and criminal actions. We held that this conduct theretofore commenced any action or filed any claim degrades the judicial office. which was distinguished in the case of Sps. be curable by mere amendment of the complaint or other initiatory The power to punish contempt of court is exercised on pleading but shall be cause for the dismissal of the case without the preservative and not on the vindictive principle. upon motion and after occasionally should a court invoke its inherent power to hearing. as a citizen and as officer of the court. To reiterate.A LAWYER OWES CANDOR.

for character builds competence. OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.3S | page 12 .21 A lawyer should not only help attain the speedy. Rule 12. or prevent the realization of a speedy and efficient administration of justice (De Los Santos II v Barbosa). CANON 12 .01 . correct. dishonest. Delaying Proceedings: As an officer of the court. efficient.01 . Rule 12. memoranda or briefs. OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES. nor consent to the doing of any in Court. dishonest. or allow the Court to be misled by any artifice.04 . after obtaining extensions of time to file pleadings.A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE.A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR. CANON 12 . Mabanglo. Rule 12.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 file multiple actions arising from the same cause. let the period lapse without submitting the same or offering an explanation for his failure to do so.A lawyer shall not engage in unlawful. immoral or deceitful conduct. CANON 7 .A LAWYER SHALL UPHOLD THE CONSTITUTION. REFRAIN FROM IMPROPRIETY: (See previous discussion in Duty to Profession) Legal Basis in Answering: CANON 1 . a lawyer is part of the machinery in the administration of justice.A lawyer shall not unduly delay a case. immoral or deceitful conduct.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. and inexpensive adjudication of cases and prompt satisfaction of final judgments. Legal Basis in Answering: CANON 1 . Rule 10.A lawyer shall not engage in unlawful. impede the execution of a judgment or misuse Court processes.03 . Rule 1.” LAST MINUTE REVIEWER IN PALE (Atty.02 .A lawyer shall not do any falsehood. OR GIVES THE APPEARANCE OF INFLUENCING THE COURT. “The study of law is a test of character. Rule 1. De Chavez) Prepared by: Vicson A. obstruct.01 . impartial. nor shall he mislead. but should likewise avoid any unethical or improper practices that may impede.A LAWYER SHALL UPHOLD THE CONSTITUTION. CANON 13 .